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594 [570]

K. Henry 5. The defence of the L. Cobham against Alanus Copus.

ry, I wil first lay open all the whole statute made þe second yeare of this foresayd Henry the fift, after the death of the foresayd sir Roger Acton and his fellowes, at the Parliament holden at Leycester. an. 1415. That done, I will note vpon the words therof, so as by the circumstaunces of the same may appeare what is to be cōcluded, either for the defence of theyr innocencye, or for the accusation of this aduersary. The tenour and purport of the statute here vnder ensueth.

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The wordes and contentes of the statute made an. 2. Henrici. 5. cap. 7.

MarginaliaThe preface or preamble of the statute. FOr as much as great (A)Marginalia(A) rumors, congregations, and insurrections here in England by diuers of þe king his maiesties leege people haue bene made here of late, as well by those which were of the sect of heresy called Lolardy, as by others of their cōfederatiō, excitatiōs, & abetmēt: to þe intēt (B)Marginalia(B) to adnulle & subuert þe christian fayth & the law of God within the same Realme, as also to (C)Marginalia(C) destroy our soueraigne Lord the king himselfe and (D)Marginalia(D) all maner of estates of the same his Realme, as well spirituall as temporall (E)Marginalia(E) and also all maner pollicy, & the lawes of the land. Finally the same our Lord the king, to the honor of God, in conseruation and fortification of his royall estate, & of the estate of all his realme, willing to prouide a more open & more due punishmēt agaynst the malice of such heretickes & Lolardes, then hath bene had or vsed in that case heretofore, so that for the feare of the same lawes, and punishment, such heresyes and Lolardies may the rather cause in time to come:

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MarginaliaHere it appeareth at whose sute and supplication this statute was set forward as also the cause why.By the aduise and assēt aforesayd, & at the prayer of the sayd commons hath ordeined & established: that especially the Chaūcellor, the Treasurer, the Iustices of the one bēch and of the other, Iustices of Assise, Iustices of peace, Shiriffes, Maiors, and Bailiffes of Cityes and Townes, and all other officers hauing the gouernement of people either now present or which for the same shalbe, do make an othe in taking of their charge and offices, MarginaliaAstiterūt reges & Pharisæi.to extend their whole payne and diligence to put out, to do to put out, cease & destroy, all maner of hercsyes and errors commonly called Lolardies within the places in which they exercise their charges and offices, from time to time, with all their power: and that they assist, fauor, and maintaine the ordinaries and their commissaries so often as they or any of them shal be therunto required by the said ordinaries or their cōmissaryes: So that the sayd officers and ministers, when they trauell or ride to arest any Lolard or to make any assistēce at the (F)Marginalia(F) instance and request of the ordinaries or their cōmissaryes, by vertue of this statute: that þe same ordinaries & commissaryes do (G)Marginalia(G) pay for their costs reasonably. And that the seruices of the king (vnto whō the officers be first sworne) be preferred before al other statutes for the liberty of holy Church & the ministers of the same: And especially for the correction and punishment of hereticks & Lolards, made before these dayes & not repealed, but being in theyr force. And also that all persons conuict of heresy of whatsoeuer estate, condition or degree they be, by the sayd ordinaries of their cōmissaries left vnto the secular power according to the lawes of holy Church, shall leese & forfayte all theyr lands and tenements, which they haue in fee simple in maner and forme as followeth: That is to say, that the king shall haue all the landes & tenementes, which the sayd conuictes haue in fee simple & which be immediatlye holden of him, as forfayted: And that the other Lordes of whom the lands & tenements of such conuictes be holden immediatly, after that the king is therof seised & answered of the (H)Marginalia(H) yeare, day, & wast: shall haue lyuery therof out of the hands of the king of the landes & tenements aforesayde so of them holden, as hath bene vsed in case of attaynder of felonies, except the lands and tenements, which be holden of the ordinaries or their commissaries, before whom anye such empeached of heresye be conuict, (I)Marginalia(I) which landes and tenements shall wholy remaine to the king as forfeit: And moreouer, that all the goodes and cattels of such conuicted, be forfayt to our right soueraigne Lord the king, so that no person conuict of heresye & left vnto the secular power (according to the lawes of holy Church) do forfeit his landes before that he be dead. And if any such person so conuicted be enfeoffed, whether it be by fine, or by deede, or without deed, in lande and tenements, rentes, or seruices, in fee or otherwise in whatsoeuer maner, or haue any other possessions or cattels by gift or graunt of any person or persons, to the vse of any other then only to the vse of such conuits: That the same landes, tenementes, rentes, nor seruices, nor other such possessions, nor cattelles shall not be forfeite vnto our soueraigne Lord the king in no maner wise.

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And moreouer, that the Iustices or the kinges bench, the Iustices of peace, & Iustices of Assise, haue full power to inquire of all such, which hold any errors or heresies, as Lolards and who be their mayntayners, receiuers, fautors, and susteiners, common writers of such bookes, as well of their sermons as scholes, conuenticles, congregations and confederacies, & that this clause be put in the cōmissions of the Iustices of peace. And if any persons be indited of any of the points aboue said, that the sayd Iustices haue power to award agaynst them a Capias, and that the Shriffe be bound to arest þe person or persons so indited as soone as he can finde them, either by himselfe or by his officers. And for so much as the cognisance of heresies, errors, or Lolardies, appertain to the Iudges of holy church, and not vnto the secular Iudges, that such persons indited )K)Marginalia(K) be deliuered vnto the Ordinaries of the places, or to theyr Commissaryes by Indentures betwene them to be made, within x. dayes after their arest, or sooner if it may be done, to be therof acquited or conuict by the lawes of holy church in case such persōs be not indited of any other thing, the cognisaunce whereof appertayneth to the Iudges & secular officers, in which case after they shalbe acquited or deliuered before þe secular iudges of such thinges as apperteineth to þe secular Iudges, they shalbe sent in safe custody vnto þe said Ordinaries or their commissaries, & to thē to be deliuered by Indentures as is aforesayd, to be acquited or cōuicted of the same heresyes, errors and Lolardies, as is aforesaid, according to the lawes of holy church, & that with in the terms abouesayde. Prouided, that the saide indightments be not taken in euidence (L)Marginalia(L) but onely for information before the Iudges spirituall, agaynst such persons indighted: but that þe Ordinaries begin their proces against such persōs indited, in the same maner, as though no such iudgement were, hauing no regard to such inditementes. And if any be indited of heresy, error, or Lolardy, and takē by þe Shiriffe or any other officer of the king, he may be let to mayneprise within the sayde x. dayes, by good surety for whō the said Shriffes or other officers wil answer, so that the person so indighted be readye to be deliuered vnto the sayd Ordinaries, or to their Commissaryes, before the end of the tenth day aboue recited, if he may be any meanes for sicknes. And that euery Ordinary haue sufficiēt Commissaries or Commissary, abiding in euery Countye in place notable, so that if any such person indited be taken, that the sayd Commissaryes or Commissary may be warned in the notable place of his abiding, by the Shiriffe or any of hys officers to come vnto the Kinges Gayle within the sayd Countye, there to receiue the same person so indighted by Indenture as is aforesayd: And that in the Inquestes in this case takē, the Shiriffes and other officers vnto whom it apperteineth, do impanell good and sufficient persōs not suspected nor procured, that is to say, suche as haue at the least euery one of thē that shal be so impanelled in such inquestes, within the Realme, a hundred shyllinges by the yere of lands, tenements, or of rent, vpon payne to leese to the kings vse xx. poūd. And that those which shalbe impanelled vpon such enquestes at sessions and gayles, haue euery one of them to the value of xl. shillings by the yeare. And if any such person arested, whether it be by the Ordinaries or the officers of the king, (M)Marginalia(M) either escape or break prison before he be therof acquit before the Ordinary: that then all his goods and cattelles, which he had at the day of such arest, shall be forfeite to the king: And his landes and tenementes which he had the same day, be seised also into the kings handes, and that the king haue the profites therof from the same day vntill he render himselfe to the sayde prison from whence he escaped. And that the aforesaid Iustices haue full power to enquire of all suche escapes and breaking of prisons, and also of the lands tenements goods and cattels of such persons indighted. Prouided, that if any such person endighted, doe not returne vnto the sayde prison, and dyeth (not being conuict) that then it shall bee lawfull for his heyres, to enter into the landes and tenements of his or their aūcester without any other sute made vnto the king for this cause. And that all those which haue liberties or franchises royall in England, as the coūty of Chester, the county and liberty of Durham and other like: And also al the Lordes which haue iurisdictions and franchises royall in Wales where the kings writs do not run, haue like power to execute and put in execution in al pointes, these articles by them or by their officers in like maner as doe the Iustices and other the kinges officers aboue declared.

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¶ Notes touching the statute prefixed.

Thus hauing recited the wordes of the statute, nowe

let