Imatges de pàgina
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so that all his lawful liege people and subjects may from henceforth safely and peaceably go, come, and dwell, according to the laws and usages of the same realm; and that good justice and even right be done to every person.

2. Item, that no lord spiritual nor temporal nor other person, of what estate or condition that he be, which came with our sovereign lord the king that now is into the realm of England, nor none other persons, whatsoever they be, then dwelling within the same realm, and which came to the king in aid of him to pursue them that were against the good intent of our sovereign lord the king and the common profit of the realm, in which pursuit Richard late king of England the second after the conquest was pursued, taken, and put in ward, and yet remaineth in ward, be impeached, grieved nor vexed, in person nor in goods, in the king's court nor in the court of none other for the pursuit of the said king, taking and withholding of his body, nor for the pursuit of any other, taking of persons and chattels or of the death of a man, or any other thing done in the said pursuit, from the day that the said king that now is arrived, till the day of the coronation of our said sovereign lord king Henry. And the intent of the king is not that offenders, which committed trespasses or other offences out of the said pursuit without special warrant shall be aided or have any advantage of this statute; but that they be thereof answerable at the common law.

3. Item, whereas the Monday next after the feast of the Exaltation of the Holy Cross, the xxi year of the reign of the said late King Richard, a parliament was summoned and holden at Westminster, and from thence adjourned to Shrewsbury, at which town a certain power was committed by authority of the parliament, to certain persons to proceed upon certain articles and matters comprised in the roll of the parliament thereof made, as by the same roll may appear, in which parliament, and also by authority foresaid, divers statutes, judgments, ordinances, and stablishments were made, ordained, and given erroneously and right sorrowfully; in great disherison and final destruction and undoing of many honorable lords and other liege people of the realm and of their heirs forever: our sovereign lord the king, considering the great mischiefs aforesaid, by the advice and assent of all the lords spiritual and temporal, and of all the commonalty, hath judged the said parliament, holden the said. xxi year, and the authority thereof given, as afore is said, with all the circumstances and dependents thereupon to be of no force nor value: and that the same parliament, with the authority afore

said, and all the circumstances and dependents thereupon, be wholly reversed, revoked, voided, undone, repealed, and annulled forever.

He presented hill to H.qc. punished for reason,

105. Haxey's Case when new king come,

(1399. French original, 3 R. P. 434, No. 104. 2 Stubbs, 516, 624.)

was reinatuted

Translation by Editors.

TEM, as at the parliament held at Westminster on the day of St. Vincent, in the twentieth year of King Richard, for the honor and profit of the said king and all the realm. Thomas Haxey, clerk, presented a bill to the commons of the said parliament; for which bill, by the wish of the said king, the said Thomas was adjudged a traitor, and forfeited all that he had, contrary to the right and the custom which had been used before in parliament, in destruction of the customs of the commons. May it please our very gracious lord the king in this present parliament to amend that judgment and make it void as erroneous; and to reinstate the said Thomas fully in his rank, estate, goods, and chattels, ferms, annuities, pensions, lands, tenements, rents, office, advowsons, and possessions whatsoever with their appurtenances and that he be able to enter upon the aforesaid ferms, annuities, lands, tenements, rents, office, advowsons, and possessions and to hold them as he held them the day of the drawing up of the said bill: even the judgment or any declaration by this cause, gift, or grant of these goods, chattels, ferms, annuities, pensions, lands, tenements, rents, offices, advowsons, and possessions, or of any of them, to any other person made in any way since the said judgment notwithstanding. As well in fulfillment of the right as for the saving of the liberties of the said commons.

The king wills, by the advice and assent of all the lords spiritual and temporal, that the judgment rendered against Thomas Haxey, clerk, in the parliament held at Westminster in the twentieth year of the late king Richard, be wholly annulled, reversed, repealed and made void and held of no force or effect; and that the said Thomas be reinstated in his name and reputation, and made and held an able person such as he was before the said judgment was rendered as in the record made thereof and enrolled before in this roll of parliament as appears more at length.

they burned

conterning burning of heaties.

a few.
106. The Statute "De Haeretico"

(1401. Latin text and translation, 2 S. R. 125. 3 Stubbs, 33, 369.)

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to our sovereign lord the king on the behalf of the prelates and clergy of his realm of England in this present parliament, that although the catholic faith builded upon Christ, and by his apostles and the holy church sufficiently determined, declared, and approved, hath been hitherto by good and holy and most noble progenitors and predecessors of our sovereign lord the king in the said realm amongst all the realms of the world, most devoutly observed, and the church of England by his said most noble progenitors and ancestors, to the honor of God and of the whole realm aforesaid, laudably endowed, and in her rights and liberties sustained, without that that the same faith or the said church was hurt or grievously oppressed, or else perturbed by any perverse doctrine or wicked heretical or erroneous opinions; yet nevertheless divers false and perverse people of a certain new sect, of the said faith, of the sacraments of the church, and the authority of the same damnably thinking, and against the law of God and of the church usurping the office of preaching, do perversely and maliciously in divers places within the said realm under the color of dissembled holiness, preach and teach these days openly and privily divers new doctrines, and wicked heretical and erroneous opinions, contrary to the same faith and blessed determinations of the holy church; and of such sect and wicked doctrine and opinions, they make unlawful conventicles and confederacies, they hold and exercise schools, they make and write books, they do wickedly instruct and inform people, and as much as they may excite and stir them to sedition and insurrection, and maketh great strife and division among the people, and other enormities horrible to be heard daily do perpetrate and commit, in subversion of the said catholic faith and doctrine of the holy church, in diminution of divine worship, and also in destruction of the estates, rights and liberties of the said church of England; by which sect and wicked and false preachings, doctrines, and opinions of the said false and perverse people, not only most greatest peril of the souls, but also many more other hurts, slanders, and perils, which God prohibit, might come to this realm, unless it be the more plentifully and speedily holpen by the

king's majesty in this behalf; especially since the diocesans of the said realm cannot by their jurisdiction spiritual, without aid of the said royal majesty, sufficiently correct the said false and perverse people, nor refrain their malice, because the said false and perverse people do go from diocese to diocese, and will not appear before the said diocesans, but the same diocesans and their jurisdiction spiritual, and the keys of the church with the censures of the same, do utterly contemn and despise; and so their wicked preachings and doctrines doth from day to day continue and exercise, to the utter destruction of all order and rule of right and reason. Upon which novelties and excesses above rehearsed, the prelates and clergy aforesaid, and also the commons of the said realm being in the same parliament, have prayed our sovereign lord the king, that his royal highness would vouchsafe in the said parliament to provide a convenient remedy; the same our sovereign lord the king graciously considering the premises, and also the laudable steps of his said most noble progenitors and ancestors, for the conservation of the said catholic faith, and sustentation of the said divine worship, and also the safeguard of the estate, rights, and liberties of the said church of England, to the laud of God, and merit of our said sovereign lord the king, and prosperity and honor of all his said realm, and for the eschewing of such dissensions, divisions, hurts, slanders, and perils, in time to come, and that this wicked sect, preachings, doctrines and opinions should from henceforth cease and be utterly destroyed, by the assent of the great lords and noble persons of the same realm, being in the said parliament, hath granted, stablished, and ordained, from henceforth firmly to be observed, that none within the said realm, or any other dominions, subject to his royal majesty, presume to preach openly or privily, without the license of the diocesan of the same place first required and obtained, curates in their own churches, and persons hitherto privileged, and other of the canon law granted, only except; nor that none from henceforth anything preach, hold, teach, or instruct openly or privily, or make or write any book contrary to the catholic faith or determination of the holy church, nor of such sect and wicked doctrines and opinions shall make any conventicles, or in any wise hold or exercise schools; and also that none from henceforth in any wise favor such preacher, or maker of any such and like conventicles, or person holding or exercising schools, or making or writing such books, or so teaching, informing, or exciting the people, nor any of them maintain or any wise sustain; and that all and singular

having such books or any writings of such wicked doctrine and opinions, shall really with effect deliver or cause to be delivered all such books and writings to the diocesan of the same place within forty days from the time of the proclamation of this ordinance and statute. And if any person or persons, of whatsoever sex, estate, or condition that he or they be, from henceforth do or attempt against the said royal ordinance and statute aforesaid in the premises or in any of them, or such books in the form aforesaid do not deliver, then the diocesan of the same place in his diocese, such person or persons in this behalf defamed or evidently suspected, and every of them, may by the authority of the said ordinance and statute cause to be arrested, and under safe custody in his prisons to be detained, till he or they of the articles laid to him or them in this behalf, do canonically purge him or themselves, or else such wicked sect, preachings, doctrines, and heretical and erroneous opinions do adjure, according as the laws of the church do demand and require: so that the said diocesan by himself or his commissaries do openly and judicially proceed against such persons so arrested, and remaining under his safe custody to all effect of the law, and determine that same business according to the canonical decrees within three months after the said arrest, any lawful impediment ceasing. And if any person in any case above expressed, be before the diocesan of the place or his commissaries canonically convict, then the same diocesan may cause to be kept in his prison the said persons so convict for the manner of his default, and after the quality of the offense according and as long as to his discretion shall seem expedient; and moreover to put the same person to pay to our sovereign lord the king a pecuniary fine; except in cases where he, according to the canonical decrees, ought to be left to the secular court, according as the same fine shall seem competent to the diocesan, for the manner and quality of the offense; in which case the same diocesan shall be bound to certify the king of the same fine in his exchequer by his letters patents sealed with his seal, to the effect that such fine by the king's authority may be required and levied to his use of the goods of the same person so convict. And if any person within the said realm and dominions, upon the said wicked preachings, doctrines, opinions, schools, and heretical and erroneous informations, or any of them, be before the diocesan of the same place or his commissaries convict by sentence, and the same wicked sect, preachings, doctrines, and opinions, schools and informations, do refuse duly to ajure, or by the diocesan of the same

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