Archbishop, partly also eyther for feare of the Bishoppes (for kings cannot alwayes doe in their realmes what they will) or els perhaps entised by some hope of subsidie to be gathered by the Clergy was contented to adioyne his priuate assent (such as it was) to the setting downe of an ordinaunce which was in deede the very first lawe that is to be found made against Religion and the professors thereof bearing the name of an Acte made in the Parliament holden at Westminster Anno. 5. Rich. 2. where among sundry other Statutes then published and yet remayning in the printed bookes of Statutes, this supposed Statute is to be found Cap. 5. &vltimo. as followeth.
This is Foxe's own analysis of the validity of this statute and it is very similar to arguments that he made against the validity of anti-heresy legislation passed under Henry IV (see C 148/1). These arguments are anachronistic: they assume that because it was necessary for the Commons to assent to legislation in the sixteenth century, it was therefore necessary for them to have done so in the fourteenth century. Foxe's purpose here is a deeply personal one: to demonstrate that no valid anti-heresy laws had been enacted in England.
[Back to Top]Item forasmuch as, it is openly knowne that there be diuerse euill persons within the realme going from county to countie and from Towne to Towne in certyan habites vnder dissimulation of great holinesse and without the licence of the ordinaries of the places or other sufficient authoritie, preaching dayly not onely in Churches & churchyardes, but also in markets, fayres, and other open places where a great congregation of people is (diuers sermons contayning heresies and notorious errours to the great emblemishing of Christen faayth and destruction of the lawes, and of the estate of holy Churche to the great perill of the soules of the people and of all the realme of England as more plainly is found and sufficiently proued before the reuerend father in God the Archbishop of Caunterbury and the bishops and other prelates maisters of Diuinitie, and doctors of Canon & ciuil law, and a great part of the clergy of the said Realme specially assembled for this great cause, which persons do also preach diuers matters of slander to engender discorde and discention betwixt diuers estates of the said realme as well spirituall as temporall, in exciting of the people to the great perill of all the Realme, which preachers cited or summoned before the ordinaries of the places thereto: aunswere of that whereof they be impeached, they will not obey to their sommons & commandementes, nor care not for their monitions nor censures of the holy Church, but expressely despise them. And moreouer by their subtile and ingenious wordes doe drawe the people to heare theire Sermons, and do mayntayne them in their errours by strong hand and by great rowtes It is ordayned & assented in this present parliament, that the kinges commissions be made and directed to the Sheriffes and other ministers of our soueraigne Lord the king or other sufficiēt persons learned, and according to the certifications of the prelates therof to be made in the Chauncery from time to time to arest all such preachers, and also their fautours, mayntaynours, and abbettours, and doe hold them in arrest and strong prison til they will iustify to them according to the law and reason of holy Church. And the king will and commaund that the Chauncellour make such commissions at all times that he by the Prelates or any of them shalbee cetified and thereof required as is aforesaid.MarginaliaNote that this statute was repealed afterwardes at the instance of the commons.
[Back to Top]WHich supposed statute for as muche as it was the principall ground whereuppon proceeded all the persecution of that time, it is therefore not impertinent to examine the same more perticularly, whereby shall appeare that as the same was fraudulently and vnduly deuised by the Prelates onely: so was it in like maner most iniuriously and vnorderly executed by them.
Utas are octaves, that is the eighth day after a particular feast day. The Utas of St. Michael are the eighth day after the feast of St. Michael or 6 October.
Besides also what maner of law this was, by whomedeuised and by what authoritie the same was first made and established iudge by that that followeth. Viz.
In the Vtas of S. Michell next following at a parliament summoned and holden at Westminster the sixt yeare of the said king, among sondry petitions made to the king by his commons, whereunto he assented, there is one in this forme. Articl. 52.
MarginaliaThe petition of the commons for the repealing the foresayd statute. Item, prayen the commons, that wheras an Estatute was made the last parliament in these wordes. It is ordayned in this present Parliament that commissions from the king be directed to the Sheriffes and other ministers of the king or to other sufficient persons skilfull, and according to the certificates of the Prelates thereof to be made vnto the Chauncerie from time to time to avert all suche preachers & theyr fautoures maintenors and abbettours. And them to deteine in strong prison, vntill they will iustifie themselues according to reasō, & law of holy church. And the king willeth and commaundeth that the Chauncellor make such commissions at all times as shalbe by the prelates or any of them certified and thereof required as is aforesayd. The which was neuer agreed nor graunted by the commens: but whatsoeuer was moued therein was without their assent. That þe said statute be therfore disanulled. MarginaliaThe statute repealed.For it is not any wise their meaning þt either thēselues, or such as shal succeed thē, shalbe further iustified or bound by the Prelates, then were their ancesters in former times whereunto is answered, il plaist aa Roy. i. þe king is pleased.MarginaliaThe K. ratifieth.
[Back to Top]Hereby notwithstanding the former vniust lawe of Anno. 5. was repealed, and the fraude of the framers therof sufficiently discouered: yet such meanes was there made by the prelates, that this acte of Repeale was neuer published nor euer sithence imprinted with the rest of the statutes of that Parliament. In so much as the sayd Repeale being concealed, like commissions and other proces were made from time to time by vertue of the sayd Basterd statute aswel during al the raign of this king as euer sithence against the professors of religion: As shall hereafter by the grace of God appeare in the second yeare of king Henry the fourth, where the Clergy pursued the like practise. And now againe to the story or our Oxford Diuines, and of the Archbishop to whom the king writeth his letters patents first to the Archbishop then to the Vicechauncellor of Oxford in forme as followeth.
[Back to Top]MarginaliaThe kings letter against the fauorers of Wickliffe. RIchard by the grace of God king of England and Lord of Ireland: To all those to whome these present letters shall come, greeting.
This letter authorizing the archbishop and his suffragans to imprison Wiclif's followers is copied from Archbishop Courtenay's register; see Lambeth Palace Library, Courtenay Register, fo. 31r.