No More Learning

” For child delighted them. And forthwith, the said king shewed vanity, man has regard truth and
“gude laws. ’—After which claim and challenge,
and therefore
enough, that he, that then reigned understood
Richard, delivered him token his will,
that he should succeed him aforesaid
said archbishop taking the said king Henry
the right hand, led him the royal chair state; and after the said king, kneeling down before had prayed little while, the said archbishop Canterbury, assisted the arch bishop York, did place the said king, and cause him sit the said royal seat; all the people wonderfully shouting joy. , And
and the said archbishop Canterbury, hav
nity depart, which has done much mischief our nation; for now man shall rule, who
for sure. But heretofore the trainpled under foot,
the states the kingdom the signet king wisdom. Truth therefore shall enter and va
the
with much ado procured silence from the over us; wit, one that speaks not like
over-joyed multitude, made short discourse, oration these words:—Wir dominabitur populo; “A man shall reign over my people,’
Sam. ix. 17. —These are the words of the
King Kings, speaking Samuel, and teach him how person should qualified
child; but thus one that has the perfection reason. -- come not my own will,
but the will him that sent me;’ wit,
child. For man not addicted such
seeks after truth, and not vanity Thirdly, said, thought
child thinks and studies only how
humour and things according
will, and not according reason; therefore
when child reigns, there only self-will reign, and reason banished, and constancy put flight, and great danger ensues; from which danger we are delivered, for man shall rule
God; and therefore such not only that will abide that man, not child,
man will say wisdom, but also
flattery. child, for
have his own
will meditate rule, since the people desired have king the circumspection God; that will given. And not unfitly may they said every way diligently observe that God's will,
our lord the king, whom we behold this day; not his own, done; and the stead
and we but intimately consider these words, they afford matter great consolation; for
child wantoning foolish stubborn humours, man shall reign, and such man that shali said him—a king shall reign wisdom, people Isaiah, saying, Isaiah will and shall execute judgment, and justice
the earth. ”
Henry's Declaration Thanks.
Which harangue being ended, the said lord king Henry, appease the minds his sub
God does not threaten us, did formerly
make children rule over them. ' But ac
cording his compassion, who his wrath re
membereth mercy, bath visited his people, and now children no more, heretofore, shall lord over them; for the Lord saith them, “a man shall rule. ” Of the late rules of this
jects, did then and there utter these words: “Sirs, thank God and zowe spiritual and
kingdom
said that child,
any them, one might have fitly
the apostle, Cor. xiii. spake understood child, thought
temporal, and zowe wyte,
man thymke that
the states the lond, and
noght my will that way conquest wold heritage, franches,
child. ” The apostle repeats thrice. “As child spake, understood and thought. ” As
disherit any man
speech, tis certain that child unconstant other ryghts that hym, oght have, put
speaking, easily speaks true, and easily
false, ready words promise, but what
promises presently forgets. Now these are things very inconvenient and dangerous
king; nor possible than any realm shall stand long happiness where these conditions bear sway. But from such mischiefs king dom freed, whose sceptre swayed man,
hym out that that has, and has had
the gude laws and customs the rewme ex cept those persons that has been agan the gude purpose and the commune profit the rewme. ”
And forthwith considering, that the former vacancy the royal throne, the Cession and Deposition aforesaid, power
justices, sheriffs, and other officers, throughout the kingdom, was ceased: therefore, the
belongs man set watch before
tongue; and such our present happiness, end that there might failure nor delay
the administration justice, the griev ance the people, caused principal offi cers and justices made and sworn him
hath not erred with tongue. ’ Then saith
the apostle, understood child now
child relishes nothing but flatteries and pleasing
things, and understands only baubles and tri chael, parliament should held. And that
over whom not child, but man set, and such one, hope we may say him, that Eccles. ix. ‘Blessed the man that
with the usual oaths. And was immediately proclaimed the king's command, that on
Monday next, after the said feast St. Mi
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155]
STATE TRIALS, I HENRY IV. 1309. -Articles of Accusation. [156
on the Monday following; should be the corona Berkeley for barons and banerettes, Thomas tion of the said king at Westminster, and that Irpyngham, chamberleyn, for the bachilers
those that could claim any service the and commons this lond be south sir Tho said coronation should come the White-hall mas Grey for the bachilers and commons
the palace, before the steward, constable, north, and my felawe Johan Markham and and marshal England, Saturday next, be me for come with hem for all thes states.
fore the day just demands
therein.
signed
the said parliament make their And so, sire, these words, and the doing that that behalf, and receive right we shall say zowe, not onlych our wordes
for the shortening the day as but the doyngs the states the king, “That was not his in said, that wystewele that
remembre upon the states his kingdom; nor that the zowe wele that Moneday the fest Seint same for the future should be drawn into ex Michel the archaungel, ryght here this cham
ber, and what presence renounced and ces sed the state kynge and lordeship, and
the dignite and wyrship that longed thereto, and assoiled zour leiges her legance and obeisance that longed zowe uppe the fourme that contened the same renunciation and
But
the parliament there was Protesta our charge her name. —And
this lond, and
answered and wold noght say
tion made
tent that thereby any prejudice should brought but we were charged. —Sire,
ample; but that such abbreviation time was only made for the benefit and profit the kingdom, and especially save the labour and expences
several people, and that the the people inight the sooner After which the king arising from
grievances
remedied. ”
his royal throne, and beholding the people with cession, which redde zour self zour
cheerful and benign countenance, retired unouth, and affermed zour othe, and by himself from thence, the people rejoicing. zour owne writing. Upon which made and And the same day, the Whitehall aforesaid, ordeined your procurators the ersbishop
made solemn feast the nobles and gentry, there vast multitude assembled.
Sir William Thirnyng's Account the Conver sation with Richard the Tower.
Zork and the bishop Hereford for notifie and declare zour name thes renunciation
and cession Westmynstre the states,
and the people that was there gadyr'd. And afterwards, viz. Wednesday next sol bycause the summons aforesaid, the which lowing, the before-named Procurators de thus don yesterday thes lords zour procu
puted aforesaid, did, according they were ratours, and wele herde and understouden, commanded, repair into the presence the thes renunciation and cession were plenelich
said late king Richard, being within the Tower and frelich accepted, and fullich agreed aforesaid and the said William Thirnyng the states and people aforesaid. And over this,
the justice, for himself and his companions and sire, the instance thes states and peo fellow procurators, the name the states ple, there ware certain articles defautes
and people aforesaid, did notify and fully de clare unto the said Richard, their admission
his said Renunciation, and the manner, cause,
zour governance zedde there, and tho wele herd
and form such sentence Deposition, and
tho causes and by other, thei sayd, and havyng considera
|. merly words:—
resently did resign and give back
the said
tion to zour own wordes tion and cession, that
sufficient able for deinerites,
zour own renuncia were not worthy, no governe, for zour owne
king Richard, him made
homage aforesaid.
for
“Sire, parlement reaume for
wele know
somon'd
the states the Westmystre, and begin
the
and
fealty
With these
“The Words which William Thirnyng spake monsire Richard, late king England,
the Tower London, his chamber, on Wednesday next after the feast St. Mii
more pleinelich contened therein; hem thoght that was resonable and
chael the Archangel, were
follow
zou, that ther was
cause for depose zowc, and her commissa ries that they made and ordein'd, re cord, ther declared and decreed and adjudged zow for deposed, and pryved zowe the astate king, and the lordeship conteined
the renunciation and cession forsayd, and
the dignite and wyrshippe, and the
and pleinelich understouden foresaid, hem thoght hem torie, and knowen, that
the states trewe, and no
the Tuesday the morn the fest St. administration that longed thereto. And we
Michel the Archangel, that was zesterday; procurators thes states and people for cause of the which summons all the states of this sayd we charged hem, and her
lond were there gadyr'd, the which states hole autorite gyffen us, and her name zelde zow made thes same persones that ben comen here uppe for the states and people forsayd,
zowe now, her procurators, and gaven hem homage, leige and feaute, and leigeance,
full autorite and power, and charged hem for say the words that we shall say zowe
and other bondes, charges, and services thar long thereto, and that non thes states and people fro thys tyme forward me
her name, and their behalve; that
wytten, the bishop Seint Assa for ersbi bere zowe feyth, zowe obeisance
shoppes and bishoppes, the abbot Glasten bury for abbots and priours, and other men holy chirche, seculers and rewelers, the earle
Gloucestre for dukes and erls, the lord
that king. —And answered and seyd, that loked not ther after, but seyd, that af ter this hoped that cosyn wolde be
gude lord hym. ”
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157] STATE TRIALS, I HENRY IV. 1990–against Richard the ScCond.
[153
Richard's Speech to the Committee. here come dispossess myself So far the Record. Sir John Hayward tells authority and title, and make
public free and us that when the committee appointed to re lawful for you create for your king, Henry
ceive Richard's resignation assembled at the duke Lancaster, my cousin german, whom
Tower for that purpose, the day before the
parliament was to begin, the unhappy monarch
was brought forth, apparelled in his royal robe,
the diadem on his head and the scepter in his
hand; and was placed amongst them in a chair
of state. He adds, that after a little pause cerning which the king was desirous have and expectation, the king arose from his seat, the advice the parliament before they broke and spake to the assembly these words, or the up. The commons, not satisfied with the bare
deposing Richard, after very irregular manner, would have had him tried form, and petitioned the king for that purpose. (a)
very like in effect:
“I
and many hereafter, will account my case la
mentable; either that I have deserved this de was therefore know how Richard was be
assure
myself
that some at this
present,
jection, if it be just; or if it be wrongful, that I could not avoid Indeed confess, that Inany times have shewed myself both less provident and less painful for the benefit
disposed of, that the king wanted the advice the two houses. The archbishop Canter bury, who was charged with his orders, having exacted oath secrecy from the mem bers, made the first motion. may well thought that Richard had not many friends
the house, and any disapproved the pro ceedings against him, they were too much awed
the commonwealth, than should,
might, many my own some
intended hereafter and have
actions more respected the satisfying
particular humour, than either justice
private persons, the common good
yet did not any time either omit duty
commit grievance, upon natural dulness
malice; but partly abuse corrupt coun bishop Carlisle, who, without regarding the sellors, partly error my youthful judg inotives which might induce him, well ment. And now the remembrance of these
set
myself; and the rather because have means left, either recompence the injuries
which have done, testify the world
my reformed affections, which experience and three things. “First, that there was
oversights unpleasant man
the rest Richard's friends, keep silence, made long speech, wherein alledged every thing that could with any plausibleness said for the king deposed, and against the king on
stayedness years had already corrected, and would daily have framed more perfection.
But whether all the imputations wherewith am charged be true, either substance,
such quality they are laid; whether, being
thority which could lawfully depose king
au
true, they heinous enforce these
extreinities; whether any other prince, es first, showing the great difference between the
several kinds government established the world. confessed that some, the prince head might deposed, because the su upon displeasure, deep manner grieve preme auto, ority was not solely lodged his
pecially the heat youth, and the space
years, the time my unfortunate reign, doth not sometimes, either for advantage,
some particular subject, will not now exa
mine helpeth not use defence, neither
booteth make complaint; there no
place left for the one, nor pity for the other:
and therefore refer the judgment God,
and your less distempered considerations.
accuse no man, blame no fortune, com wise the governments where the supreme
plain nothing; have pleasure such vain and needless comforts; and listed
authority resides the single person the sovereign. this class, ranked the king dom Israel, among the ancients, with the
have stood upon terms, know have great
favourers abroad; and some friends, hope, three first empires; and among the moderns,
ward on my behalf, set bloody and
doubtful war; but esteem not my dignity high price, the hazard great va lour, the spilling much English blood,
Turkey, Persia, and general the king doms Asia and Africa. With regard these alledged, that though the vices
(a) Hollingshead says, the commons address was this purpose; that since king Richard
and the spoil and waste flourishing
realm, thereby might have been occasioned.
Therefore, that the commonwealth may rather had resigned, and was lawfully deposed from
rise my fall, than stand the ruin thereof, his royal dignity, might have Judgment de willingly yield your desires; and am creed against him. 512.
know worthy take that place, see you willing give him. ”
Richard's Imprisonment and Death.
very important affair still remained, con
venture speak his behalf. There was one however bold enough say publicly, what others only thought, namely, Thomas Merks,
the throne. —The bishop undertook prove
England. Secondly, that the offences Richard was accused of, deserved not deposition, and besides were not proved. Thirdly, that the crown was unjustly adjudged the duke Lancaster. —He enlarged very much the
person, but the people, nobles, had share. Of this sort reckoned the republics, the an
cient government
Rome, the empire Ger
many, the kingdoms
Swedeland and Den Flanders, and some maintained, was other
mark, the earldom other states. But
home, who would have been ready, yea for England, France, Spain, Scotland, Muscovy,
I
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II A
159] STATE TRIALS, I HENRY IV. 1390. -Proceedings against [160
sovereign should be not only detrimental, but guided law, and not examples and even intolerable to bis subjects, he could not precedents. That however, the deposing
be lawfully deposed by any uneans whatever:
that force could not be used, without incurring
the crime of rebellion and treason ; and much
less authority, since there was not in the state
any lawful authority but what was derived
from him. He produced arguments and pre had hitherto said, might pass for reasons cedents from the holy scriptures and prophane question whether Richard could lawfully authors, which cannot be repeated without deposed. At most, might considered being excessively tedious—Upon the second the private opinion the speaker. But to Article, he boldly asserted, “That the crines wards the conclusion his speech, launched
for which Richard was deposed, were either out strangely against Henry, and expressed false or aggravated; that indeed, he might be passion very injurious the reasons had al
guilty of some errors or oversights, but his
faults could not be styled tyranny : that if his
failings afforded just cause to depose him, how
many sovereigns would daily be treated as
tyrants, and deposed by their subjects every
tax, execution of rebels, in a word, whatever
was not relished by the people, would furnish
a pretence to dethrone the most lawful prince.
He passed over the more slightly the proofs of
this second head, as the parliament itself
seemed to question the truth of the crimes al
ledged against Richard, since there was no not content with disturbing the quiet the
step taken to prove them in a legal manner. land, unjust and impious insurrection
reproach, the commons wanted to proceed in sessed him: that had also demanded judg
form against the deposed king. —Upon the ment against him, without offering prove
third Article the bishop maintained, “that even his accusation, permitting the party accused
supposing Richard guilty, and granting the na inake his defence, contrary the express
tion had authority to depose him, there was laws the realm. ’ He concluded with say
not the least colour of justice to give the crown ing, ‘That the wrong done Richard was
to the duke of Lancaster. That if the duke
not capable moving the hearts the Eng
Edward was more poisoning king John,
urged, than the the murder any the deposing Ed preserve the rights
other prince: but even ward care was taken
the lawful successor. ' What the bishop
ledged. He said, “It was feared the people England would soon find themselves the case Æsop's frogs, boldly adding,
long Richard was alive, the English could not with justice own any other sovereign.
fine, maintained, that the person whom they called king had committed much more heinous crimes than those for which Richard was deposed that had, after his banish ment, entered the kingdom, contrary his oath, and without being legally recalled that,
By the way, it is very likely that for fear of this against his sovereign, had moreover dispos
was the true heir of Richard, as he pretended,
he must wait his death before he could inherit.
But that it was known to all there was a
nearer heir, whose father was declared suc
cessor of Richard by act of parliament. " As
for Henry's pretended right from Edmund that, supposing the majority had been his Crouchback, son of Henry 3, the bishop dis mind, was impossible recede from what dained to consider affirming, “he was very had been done. But most of the members certain, that people sense were ashamed
right, built upon slender foundation. "—.
After that the orator proceeded examine
the other two titles contained the king's pre than confined the abbey Saint Al clanation, namely, conquest and Richard's re bans, from whence, however, was shortly signation. To the first said, “That sub released without further punishment (c). —The
ject could never pretend right conquest bishop Carlisle's opinion being unanimously against his sovereign, since the victory itself rejected, the parliament came, with regard
was high and heinous treason. ” As for the re Richard, resolution seemingly
extraor suspect
signation, said, “it was not only extorted
dinary, that there some reason
that history defective this place.
ever, the historians agree, that
solved, Richard should kept confinement
(b) For the Bishop's Spcech length, see Cobb. Parl. IIist. 274.
(c) He was deprived his bishoprick, and had the titular see of Samos conferred on him
the pope. Walsin. 364. There
writ for the restitution the temporalties
the see Carlisle, Willian Styrkland, Strickland, his successor, dated November 15,
this year 1399. See Rymer's Foed. tom. 106.
force, but supposing validity: that
was not his power
besides, since the laws the land the king could not alienate the crown jewels, much less surely could give away the crown itself. ” Then spoke the general consent the people, though Henry had not thought proper
insist upon “That the kingdom Eng land having never been elective, was ridicn lous ascribe the people the power dis posing the crown. Lastly, replied the objection, which might alledged from the deposing
How was re
voluntary, could Richard's situation,
make valid act: that
Edward ‘That wise men must
lish, least their common and manifest dan
ger ought stop the course these violent proceedings. ” (b)
This Speech produced not the effect the Speaker expected. was unseasonable,
persisted the same maxims they had followed when Richard was deposed. Accordingly, the bishop reaped other fruit from his harangue
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TRIALS, Hall, o 101) STATE I HENRY IV. 1309. —John for Murder. [162
during life, with a princely allowance: but in Thus died this unfortunate prince, thirty three case any person should attempt his deliverance, years old, which had reigned twenty Richard should be the first that should suffer two. (f) melaneholy reward for the
death. If this be true, it cannot be denied signal services his father had done England! that he was really condemned to die, since his he was carried London coffin, with his life was only granted him on a condition not face uncovered, seen persons.
in his power. Besides, such a condition cannot funeral was solemnized Saint Paul's, the king be annexed to the sentence of a criminal, but himself being present. After that, was car
on supposition that he is already condemned. There is some diversity among the historians concerning the manner of Richard's death,
ried Langley abbey, and buried (g) without any ceremony. Henry ordered his body
removed Westminster abbey, and laid though agree was unnatural. Some affirin among his ancestors (h). Though was re was starved death. Others, pretending ported over the kingdom, that was mur
be better informed, relate his death with dered, inquiry was made. This neglect con these circumstancés. After the troubles were firmed the people their belief, that the king
appeased, the death the principal con was not innocent. Indeed, ltichard had
spirators, Pyers Exton (d) came Polate died natural death, would have been ne
fract, with eight attendants. On the day his cessary undeceive the public. But his arrival, Richard perceived dinner, that the life was taken away violence, was difficult victuals were not tasted as usual. He asked without the king's knowledge (i).
the reason the taster, and upon his telling
hiun that Exton had brought order forth died, 325. Polydore Virgil says, was from the king, took carved knife, and not suffered touch taste the victuals which
struck him the face, Exton coming with lay before him. Hector Boethius will have
his eight attendants, the noise, Richard found was lost man, and resolving sell
that Richard fled disguise into Scotland, where giving himself wholly contempla
tion, lived and died, and was buried
life deariy, wrung pole axe out their hands, and defended himself
one bravely,
some coun
king sighing, the upper end
said his.
(g) the church the Friars preachers King's Langley, Hertfordshire. Walsing.
(h) Henry erected for him and his first queen, Anne, glorious tomb grey marble
the south side the chapel the kings,
the head portraitures epitaph
length, standing accidentally near Exton, who was got
Sterling. Perhaps this was true terfeit Richard.
crowned
the choir
that slew four them. But
(f) The beautiful picture
upon chair, his head,
any other writer.
(e) This Fabian's account. Walsingham
says, fasted himself death for grief, the miscarriage the plot, and died Feb. 14. 363. Stow says, was kept fifteen days
together hunger, thirst, and cold, till
chair state,
Saint Peter's, Westminster,
(d) Called
the villain discharged such blow laid him dead his feet. (e)
Speed, 615.
Rapin,
not named, far can found,
Thomas Pyers, but
Proceedings against
Duke of Gloucester, Hen. IV. 1399. [Hollingshed. Cotton. Cobb. Parl. Hist. 283. ]
THE last thing which we shall mention the ration was openly read, the duke Albemarle proceedings this parliament some farther rose and said, “That utterly denied the enquiry made there relation the murder charge true against him, and offered
Edward upon which their gilt copper, with preposterous
Latin. (i) Rapin, 123.
John HALL for the Murder Thomas
Thomas duke of Gloucester. Sir John justify his innocence combat, such man
Baggot, then prisoner the Tower, was brought the bar the house commons, and examined on the affair that Murder who there declared, bill, then delivered
“That was the advice and instigation the duke Albemarle, that the lords were
ner should thought requisite. ” But Bag got, net being liberty accept the challenge, the lord Fitz-Walter, and twenty other lords, offered make good their bodies, that he was the cause of the duke of Gloucester's death. The duke Surrey stood against the lord Fitz-Walter, and having affirmed that
apprehended the king, and that the duke
Gloucester was inhumanely murdered Ca what the duke Albemarle had done against lais. That the duke Norfolk did keep the the duke Gloucester, was constraint,
duke Gloucester alive three weeks against offered vindicate him fight; and their the king's will; but for fear the king's dis hoods, which they flung down pledges pleasure, the said duke and himself, with seve their intentions, were delivered the consta
the king's servants, went over Calais, ble and marshal kept. But these
and saw hin put death. ” After this Decla differelices the king thought proper accom WOL. M
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163] STATE TRIALs, Hesay 1400–Proceedings against [164
modate, in a way more politic and more con. the said Searl and Francis, inner par sistent with the exigency of the times, than lour, and said, “There Searl and Francis suffering them to go on to a martial trial. Bag whereupon the duke Gloucester said, ‘Now got, in one of his Examinations before the see shall do well,' and asked Searl how house, mentioned one John Hall, then a pri the king did who said, ‘well;' and sent soner in Newgate, who could say much more him commendations, and the said John than he, relating to the death, of the duke of Lovetofte departed. Whereupon the said Gloucester. Which Hall, being sent for and Searl and Francis took the said duke of Glou examined, confessed the whole matter; whose cester into upper chamber, saying, “That Examination, Confession, and Sentence passed they would speak with him;’ unto whom when against him, being on the Rolls, we shall give they were come there, they said “That the from sir Robert Cotton's own account of it. king's will was, that should slain;’ the
“John Hall, a servant of the duke of Nor duke answered thereto, “If be wel
folk, being examined by Walter Clopton, come;’ that Searl and Francis willed the duke
chief justice, full parliament, confessed upon take chaplain, whom the duke there took, his oath, that the month September, 21st and was confessed. After which confession
IRichard the duke Norfolk charged the they caused the duke lye upon bed, upon said John annong others, murder the duke whom lying, the said Searl and Francis of Gloucester, there being present one John threw feather-bed, the sides whereof the Colfox, esquire the said duke Norfolk; said William Rogers, Dennice, and Cockle and that they two then being Calais, went the chamber held and Searl and Francis lay together Our Ladies church, where they on the mouth of the said duke until he was
found William Hempsley, esquire, said, Bradshaw, esquire,
William Servadlet, the chamber king Richard, Francis Vadlett,
afore dead; Colfox, Hempsley, and Bradshaw, sat
sworn upon the body Christ, before one William Chaplain, saint George's, the
have the said duke living again. ” By whose confession seemed the lords, that he the said John Hall, had deserved grievous death; whereupon they adjudged,
church Our Lady, that they should not dis close the said fact or murder. That after this
aforesaid, the late the chamber
that night the duke their knees, weep ing, and praying for the soul the said duke; and Hall, this examinant, kept the door until
the duke Albemarle; William Rogers, the duke was slain. After the death of which
William Dennice, and Cockle, servants duke, the duke Norfolk cane in, and seeing the said duke Norfolk; whom were him dead, said, ‘It were great matter
the assent the king, that the same Hall should drawn from of Norfolk, towards the house called the Tower-Hill Tyburn, his bowels burned Princes Inn, and when they were come, the before him, his body hanged, headed, and said duke Norfolk caused the persons afore quartered, and his head sent and set upon
oath made, they altogether went with the duke
said enter into lodging within the same Calais, and his quarters the king's pleasure;
house, and departed. After which John and the marshal the same day did execution Lovetofte, with sundry other esquires, brought accordingly. ”
the duke Gloucester, and delivered him
17.
Proceedings against WILLIAM SAUTRE, for Heresy, Hen. IV. 1400. Fox's Acts and Monum. 671. ]
THE next yeere after, 1400, followed par mandement the foresaid archbishop Can liament holden Westminster: which par turbury, objected; that the said William liament one William Sautre, good man and before the bishop Norwich had once
faithfull priest, inflamed with zeale true nounced and abiured diuers and sundry Con religion, required hee might bee heard for clusions hereticall and erroneous; and that
the commodity the whole realine. But the ter such abiuration made, publikely and matter being smelt before the bishops, they priuily held, taught, and preached the same obtained that the matter should bee referred conclusions, else such like, disagreeing
the conuocation where the said William the catholike faith, and the great perill and Sautre being brought before the bishops and |. . ". example others. And after this notaries thereunto appointed, the conuocation caused such like conclusions holden and
was deferred the Saturday next ensuing. — preached, said, the said William When Saturday was come, that say, the without renunciation, then and there
twelfth day Februarie, Thomas Arundell read vnto the said archbishop, by master Ro archbishop Canturburie, the presence bert Hall, chancellor vnto the said bishop, his councell prouinciall, being assembled the certaine scrole written, tenor words said Chapter-House, against one William followeth
Sautre, otherwise called Chatris chaplaine, per “Sir William Chatris, otherwise called Sau sonally then and there appearing the com tre, parish priest the church saint Scithe the
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IV. I
165 STATE TRIALS, 2 HENRY IV. 1400–William Saure, for IIeresy. [166 virgin in London, publikly and priuily doth than the foresaid wooden crosse, and the ma
hold these Conclusions vnder written. —Impri teriall substance of the same. mis, he saith, that he will not worship the crosse rather worship the bodies
on which Christ suffered, but onely Christ that very crosse Christ whereon
And that will
saints, than the hung with suffered vpon the crosse. 2. Item, that he this add tion, that the very same crosse were
would sooner worship a temporall king, than afore mee touching the materiall substance. the foresaid wooden crosse. 3. Item, that he And also, that will rather worship man would rather worship the bodies of the saints, truely confessed and penitent, than the crosse than the very crosse of Christ on which he which Christ hung touching the materiall hung, if it were before him. 4. Item, that he substance. —And that also am bound, and will would rather worship a man truly contrite, than rather worship him whom know pre the crosse of Christ. 5. Item, that he is destinate, truely confessed and contrite, than bound rather to worship a man that is predes angell God: for that the one man tinate, than an angell of God. 6. Item, that the same nature with the humanity Christ, if any man would visite the monuments of Pe and not blessed angell. Notwithstand ter and Paul, or goe on pilgrimage to the tombe ing will worship both them, according
of saint Thomas, or else any whither else, for the will God should. —Also, that any the obtaining of any temporall benefit; hee is man hath made vow visit the shrines of the
not bound to keepe his vow, but hee may dis apostles Peter and Paul, goe pilgrim tribute the expences of his vow vpon the almes age vnto saint Thomas tombe, any whither
of the poore. 7. Item, that euery priest and else obtaine any temporall benefit com deacon is more bound to preach the word of moditie; hee not bound simplie keepe
his vow upon the necessitie saluation but hee may giue the expences his vow almes amongst the poore, the prudent counsell
his superiour, suppose. —And also say,
that euery deacon and priest more bound preach the word God, than say the ca nonicall houres, according the primitiue order
the church. -Also, touching the interroga tion the sacrament the altar, say, that, after the pronouncing the sacramentall
God, than to say the canonicall houres. 8. Item, that after the pronouncing of the sacra
mentall words of the bodie of Christ, the broad remaineth of the same nature that it was be
fore, neither doth it cease to be bread. ”—To
which Conclusions or Articles being thus read, the archbishop of Canturbury required the same sir William to answere. And then the
said William asked a copie of such articles or conclusions, and a competent space to answere
wnto the same. Whereupon the said arch words the body Christ, there ceaseth not
bishop commanded a copie of such articles or very bread simply, but remaines bread, conclusions to bee deliuered then and there holy, true, and the bread life; and be
wnto the said William, assigning the Thurs leene the said sacrament bee the
v
body
ery
day then next ensuing him deliberate and Christ, after the pronouncing the sacra
day appearance was come, master Nicolas When all these Answeres were by . . .
make answere When Thursday the said mentall words. ” -
ely Rishton, auditor the causes and businesse master Robert Hall directly and pu there
belonging the said archbishop (then being read, the foresaid archbishop Canturbury in the parliament house Westiniuster, other quired the said William, whether hee had
wise let) continued the said conuocation with abiured the foresaid heresies and errors objected
matters rising, depending, and appertinent against him, before said, before the bishop
thereunto, by commandement the said bi Norwich, not; else had reuoked and shop, vintill the next morrow eight the renounced the said or such like conclusions or
articles, not? To which answered and affirmed that he had not. And then conse
quently (all other articles, conclusions, and an swers aboue written immediatly omitted) the
making bis personall appearance, exhibited
certain scrole, containing the Answeres vinto
certaine articles conclusions giuen vnto altar. —First, whether the sacrament the him, aforesaid, the said bishop; and altar after the pronouncing the sacramentall said, that vinto the foresaid archbishop deli words, remaineth very materiall bread, not. uered the same his answere that behalfe, Vnto which interrogation, the same William vnder the tenor of such words as follow. somewhat waueringly said, and answered, that William Sautre, priest vinworthy, say and an hee knew not that. Notwithstanding, hee swere, that will not, nor intend not wor said, that there was very bread, because ship the crosse whereon Christ was crucified, was the bread of life which came downe from but onely Christ that suffered vpon the crosse; Heauen. —After that the said archbishop de
vnderstanding me, that will not worship manded him, whether the Sacrament after the materiall crosse the grosse corporall mat the sacramentall words, rightly pronounced
ter: yet notwithstanding will worship the the priest, the same bread remaineth, which same signe, token, and memoriall the did before the words pronounced, not. And
passion Christ, adoratione vicaria. And this question the foresaid William answered that will rathcr worship temporall king, like manner before, saying, that there was
clocke. When the morrow came, being Fri day, the foresaid William Sautre, the
chapter house before the said bishop and his. councell prouinciall then and there assembled,
said archbishop examined the same William Sautre, especially vpon the sacrament the
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I I;orifbea I
Wi STATE T. RIALS, 2 HENRY IV. 1400. -Proceedings against [16s :
bread, holy, true, and the bread of life, &c. — the mouth Robert Hall, against the same After that, the foresaid archbishop asked William Sautre (being personally present, him, whether the same materiall bread before and refusing reuoke his heresies, that consecration, by the sacramentall words of the say, true doctrine, but constantly defended priest rightly pronounced, be transubstantiated the same) vinder the tenour words fol from the nature of bread into the very body of loweth.
Christ, or not Whereunto sir William said, that he knew not what that matter meant. —
The Sentence against IV. Sautre.
And then the said archbishop assigned vnto the “In the name God, Amen. Wee Tho
said sir William time to and more mas the God Can grace archbishop
fully to make his answere till the next day; turbury, primate England and legate the and continued this conuocation then and there sea apostolicall, the authoritie God
till the morrow, which morrow, to wit, the 19 almightie and blessed saint Peter and Paul,
day of Februarie being come, the foresaid arch and holy church, and
William againe, in like maner as before, an these presents thee William Sautre, otherwise swered. —After this, amongst other things the called Chawtrey, parish priest pretensed, per said bishop demanded of the same William, if sonally appearing before and vpon the the same material bread being vpon the altar, crime heresie iudicially and lawfully con
bishop of Çanturbury, in the said Chapter-house
of Saint Paul in London, before his councell
prouinciall their and there assembled, specially
asked and cyamined the same sir William Sau and suffragans assistants vinto this present tre there personally present vpon the Sacra councell prouinciall, this our sentence defi ment of the altar, as before. And the same sir mitiue pronounce, decree, and declare
ritie sitting tribunall
God alone before our eyes,
consent the whole clergie our fellow brethren,
our owne autho chief iudge, hauing the counsell and
after the sacramentall words being of the priest rightly pronounced, is transubstantiated into
the very bodie of Christ, or not And the said sir William said he vnderstood not what he
meant. —Then the said archbishop demanded,
whether that materiall bread being round and white, prepared and disposed for the Sacrament
of the bodie of Christ vpon the altar, want
unto, by the vertue of the sacramentall words turburie, presented vnto the foresaid William being of the priest rightly pronounced, bee al Sautre certain friend his, being present tered and changed into the very body of Christ, the same councell, certaine processe in and ceaseth any more to bee materiall and very closed and sealed with his seale, giuing the bread, or not * Then the said sir William, de names of credible witnesses sealed with their ridingly answering, said, he could not tell. — seales; the tenor whereof followeh this Then consequently the said archbishop demand wise
“Memorandum, that vpon the last day April, the yeere our Lord, 1899, the
pired, the bishop ing nothing that is mette and requisite there commandement
el, whether he would stand to the determina
tion of the Holy Church or not, which affirm
indiction, Boniface the
the manor house
yeere pope
eth, altar,
that in the Sacrament of the after
and
Polo
the said bishop Norwich,
being rightly pro the words of consecration who,
the
certaine chamber within
nounced of the priest, the same bread,
before in nature was bread, ceaseth any more
to be bread. To this interrogation the said sir
William said, that hee would stand to the de
termination of the Church, where such deter and the first day May then next and imme mination was not contrary to the will of God. — diatly ensuing, the foresaid chamber sir. W. This done, he demandel of him againe, what Chawtris parish priest the church Mar his iu 'genient was concerning the Sacrament of garet the towne Line, appear, before
the altar: Who said and affirme! , that after the bishop Norwich, the presence John the words of consecration, by the priest duly Derlington, archdeacon Norwich,doctor
pronounced, remained very bread, and the the decrees, fricrwalter Dise, and John
same bread which was before the words spoken. Rikinghall, professors diuinite, William And this examination about the Sacrament Carlton, doctor both lawes, and William
lasted from eight of the clocke of the same day Friscby, with Hugh Bridham, publike nota wntil elemen of the clocke, or thereabouts : in ries, and there publikely affirmed and held the
somuch that during this time the foresaid conclusions, before specified. —All and William would no otherwise answere, neither singular the premises the foresaid William as yet touching the same Sacrament receitie Ca firineth vpon mature deliberation. And after tholike information, according the institution wards, wit, the day May the yeere,
the popes church and his Christian faith. indiction, and papacie aforesaid, the cha Wherefore the said Canturburie, the coun pell within the manour house the said Henric sell and assent of his whole couent then and bishop Norwich situate South Helinglain, there present, did promulgate and giue sentence, the foresaid sir William reuoked and renounced
uict, heretike, and heretike
punished. ”—Which Sentence definitiue being thus read, the foresaid archbishop
Canturbury continued the same pro uinciall councell till Wednesday next and immediatly ensuing, wit, the day the
same moneth
Februarie which being ex Norwich, according the the said archbishop Can
South Helingham (where the register the said bishop kept) before the houre, certain chapell within the said manor situate,
of
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169] STATE TRIALS, 2 HENRY IV. 1400. —William Sautre, for Heresy. [170
and singular the foresaid his conclusions; erred false information. Wherefore aske abiuring and correcting such heresies and forgiuenesse. -6. As concerning vowes, say
errours, taking his oth vpon booke before the that opinion false and erroneous, and false foresaid Henrie the bishop Norwich, that information held it; for man holden from that time forward hee would neuer preach, hold his vow, &c. —7. To the article say, affirme, nor hold, priuily nor apertly, the fore that did authoritie priesthood, where said conclusions; and that would pronounce, through knowledge well that haue guilt according the appointment the said bishop, and trespassed: wherefore submit me God the foresaid conclusions to be erroneous and he and
resies the parish churches Linne, and Til that
ney, and other places the assignement the
said bishop and farther sware, that hee would information. But now know well that stand the ordinance the said bishop touch heresie, and that bread, anon the word ing the premisses, the presence the dis the sacrament said,
creet and worshipfull men afore-recited with riall, but that
diuers other moe. —As concerning the first con bodie; and that
longer bread mate turned into very Christs sweare here. say, clusion, that said would not worship the that this false and erroneous, &c. 10. say
crosse, &c. hee confessed himselfe haueer said, &c. ”
red, and that the article was erroneous, and This being done, the February afore submitted himselfe. And touching the se said the yeere our Lord. 1400 the cond article, that said would rather wor Chapter-house Saint Paul London afore ship king, &c. confessed himselfe haue said; the foresaid archbishop Canturbury,
erred, and the article
erroneous, and the conuocation his prelates and clergie
himselfe,
. . .
submitted
Then next after this, vpon the
all the rest. — and such like men there day May the forerecited processe
being present,
and
the yeere our Lord aforesaid, the wich bee read openly and publikely sir
forth
caused the bishop Nor
holy church, and shall neuer hold
you father, swearing more. —8. To the
say, that held
false and wrong
churchyard the chappell saint James William Sautre,
called Chautris.
within the towne Linne, the foresaid Wil And afterward he asked the said sir William,
liam, presence the foresaid bishop and whether plainely vnderstood and knew such
clergie, and the people the said towne processe and the contents, within the same; Lione standing round about, publikely declared and said, Yea. And further demanded the English tongue the foresaid conclusions him, hee would could say obiect any
be erroneous and heresies, was contained thin against the processe; and said, No.
certaine scrole After this, the May the yeere abouesaid, the
day church
And after that incontinent, the foresaid arch bishop Canturburie demanded and obiected
the hospitall saint Johns the
Linne, the said sir William, before the said
bishop sitting iudge, swore and tooke his
oth vpon the holy Euangelists, that hee would
neuer after that time preach openly and pub
likely the foresaid conclusions, nor would heare
the confessions any the subjects his
diocesse Norwich, without the speciall
cence the said bishop, &c. the presence bread: which heresie amongst others errors
towne
against the said William, diuers others unore did that after hee had before the bishop Norwich reuoked and abiured iudicially diuers errors and heresies, among other errors and heresies him taught, holden and preach
frier John Smermen, M. John Rikinghall also hee abiured before the foresaid bishop doctor diuinitie, W. Carlton doctor both Norwich. Hereunto the foresaid William
lawes, and Thomas Bulton officer the liberty answered smiling mocking wise, saying, Linne aforesaid, with diuers others. ” and denying that hee knew the premises.
The tenor the Scrole and Recantation.
Notwithstanding hee publikely affirmed, that held and taught the foresaid things after
Imprimis, touching the first and se– the date the said processe made the said cond, where said that would adore rather bishop Norwich, and that the same coun temporall prince, and the liuely bodies the cell also hee held the same. Then finally saints, than the woodden crosse whereupon the was demanded the said William, why Lord did hang, doe reuoke and recant the ought not bee pronounced man fallen same being therein deceiued. --3. To this into heresie, and why they should not further say, that the article false and erroneous, and proceede vnto his degradation according
false information held it; the which re the canonicall sanctions: whereunto he an nounce and aske forgiueness thereof, and say, swered nothing, neither could alledge any that precious relique, and that shall cause the contrary. —Whereupon the fore hold while liue, and that sweare here. — said archbishop Canturbury the counsell
ed, affirmed that the same Sacrament the altar after the consecration made the priest, taught, there remained materiall
know well that erred wrongfully false and consent the whole councell, and espe
information for wot well, that deacon cially
priest more bound say his mattens and rend fathers and bishops, also priors, deares,
hourcs than preach; for thereto boun archde cons, and other worshipfull doctors and den right: wherefore submit me, &c. —5 clerkes then and there present the councell, Touching that article, know right well that fully determined proceed the degrada
the counsell and assent the reue
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17 ij STATE TRIALS, 2 HENRY IV. 1400. -Proceedings against [172.
tion, and actuall deposing of the said William priue thee power and authority cele Sautre, as refallen into heresie and as incor brating the masse, and also wee pull from thy rigible, according to the Sentence definitiue put backe the casule, and take from thee the vesti
in writing, the tenor whereof is in words as followeth. “ In the name of God, amen. We Thomas by the grace of God archbishop of Canturbury, legate of the Sea apostolicall,
ment, and depriue thee manner priestly honor. —Also we Thomas the aforesaid arch bishop authoritie, counsell, and assent, which vpon the foresaid William we haue" being deacon pretensed, the habit and ap
and Metropolitane of England, doe find
and declare that thou William Sautre, other parell deacon, hauing the new Testament
wise called Chautris priest, with the
counsell and assent and singular our
fellow brethren and whole clergie, this our
sentence definitiue declared writing, hast
beene for heresie conuict and condemned, and and actuall deposition we take from thee the art (being againe fallen into heresie) de booke the new Testament, and the stole, and posed and degraded these presents. ”—And doe depriue thee authoritie reading from that day being Wednesday there was the gospell, and all and all manner digni the said councell prouinciall nothing further deacon. —Item, we Thomas archbishop prosecuted, but was continued with depen aforesaid, authoritie, counsell, and assent, dents till the Friday next ensuing. Which Friday which ouer thee the foresaid William we haue, approching, master Nicholas Rishton, the being subdeacon pretensed, the habit and
commandement the said archbishop Can vestiment subdeacon, heretike, and turbury, being then busied, said, the twice fallen, condemned sentence,
parliament house, continued this councell and aforesaid, doe degrade and put thee from the conuocation with incidents, dependents, order subdeacon; and, token this thy
and occasions, growing and annexed there degradation and actuall deposition, wee take
unto, the next day, wit, Saturday next and from thee the albe and maniple, and de immediately after ensuing. Vpon Saturday, priue thee and manner subdiaconicall being the 26th the said month Februarie, dignity. —Also, we Thomas archbishop afore the foresaid archbishop Canturbury sate said, counsell, assent and authoritie which the bishops seat of the foresaid church of St. wee haue ouer thee the foresaid William, an Paul London, and solemnly apparelled acolyte pretensed, wearing the habite
his pontificall attire, sitting with him his acolyte, and heretike, twice fallen, our sen assistants these reuerend fathers and bishops, tence, aforesaid, condemned, doe degrade of London, Lincolne, Hereford, Exeter, Me and put from thee order acolyte; and neuensis Roffensis Episcopi, abouementioned, signe and token this thy degradation, and commanded and caused the said sir William actuall deposition, we take from thee the can Sautre, apparelled priestly vestments, bee dlestick and taper, and also vrceelum, and brought and appeare before him. That done, doe deprive thee and manner dignitie he declared and expounded English all acolyte. —Also we Thomas archbishop the clergy and people there great multi aforesaid, assent, counsell, and authoritie, tude assembled; that processe was finished which vpon thee the foresaid William wee and ended against the said William Sautre. haue, exorcist pretensed, the habite Which thing finished, before the pronouncing exorcist holy water clerke, being here
the said sentence the relapse against the tike, twice fallen, and our sentence
said William, premised, often then aforesaid, condemned, doe degrade and de and there recited and read. And for that hee pose thee from the order exorcist; and,
that behalfe nothing his degradation
and actuall deposition
“In nomine Patris, Filij Spiritus Sancti.
token this thy degradation and actuall deposition, we take from thee the booke con iurations, and doe depriue thee and sin gular dignitie exorcist. —Also, we Thomas archbishop aforesaid, assent, counsell, and authoritie, abouesaid, degrade and de
saw the said William abashed; -hee proceeded
forme followeth.
thy hands, being heretike, and twice fal– len, condemned sentence aforesaid,
doe degrade and put thee from the order deacon. And token this thy degradation
We Thomas Gods permission archbishop
Canturbury, primate England, and Le
gate the apostolike sea, doe denounce thee pose thee the foresaid William, reader preten William Sautre, otherwise called Chautris,
chaplaine fained,
apparell
sed, clothed the habite reader, here tilt, twice fallen, and by our sentence, aforesaid, condemned, %. the order of reader; and, token this thy degradation
the habite and
priest, heretike, and one refallen into
heresie, this our sentence definitiue,
counsell, assent, and authoritie be con and actuall deposition, we take from thee the
demned and conclusion our fellow brethren, fellow bishops, prelates, councell
booke the diuine lections (that the hooke
the church legend) and doe depriue, thee and singular manner dignity such
F. And signe degradation and actuall
prouinciall, and the whole clergy, due de grade and depriue thee thy order.
reader. — Item, we Thomas archbishop
depo
sition from thy priestly dignitie, for thine incor and assent, the which we haue, aforesaid,
rigibilitie and want amendment, we take doe degrade, and put thee the foresaid William from thee the patent and chalice, and doe de Sautre, sexton pretensed, the habite
Canturburie
aforesaid, authoritie, counsell,
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173] STATE TRIALS, 2 HENRY IV. 1400. —William Sautre, Heresy. . . [174
sexton, and wearing surplice, being here the clergie, decreeing leaue him vnto the
tike, twice fallen, our sentence definitiue secular power; and hath really left him, ac
condemned, aforesaid, from the order
sexton: and, token this thy degradation
cording the lawes and canonicall sanctions
set forth this behalfe, and also that our holy mother the church hath no further doe the
and actuall deposition, for the causes aforesaid,
wee take from thee the keyes the church premises; we therefore being zealous reli
doore, and thy surplice, and and singular manner
depriue thee commodities
gion, and reuerent louers the catholike faith, willing and minding maintaine and defend the holy church, and the lawes and liberties
doore keeper. —And also,
omnipotent God the father, the sonne, and holy the same, roote all such errors and heresies
the authoritie
Ghost, and our authoritie, counsell, and as out our kingdome
sent our whole councell prouinciall aboue digne punishment
written, we doe degrade thee, and depose thee, heretikes such
being here personally present, before vs, from wayes that both according the law God orders, benefices, priuiledges and habite the and man, and the canonicall institutions this church; and for thy pertinacie incorrigible wee behalfe accustomed, such heretikes conuict and doe degrade thee before the secular court condemned formeaforesaid ought burned the high constable and marshall England, with fire: We command you straitly we being personally present; and doe depose thee may, can, firmely enjoyning, you that you
actually wee haue caused thy crowne and ec aforesaid being published vnto the people) clesiasticall tonsure our presence rased put into the fire, and there the same fire away, and utterly abolished, like vnto the really bee burned, the great horror his
forme secular lay man and here we doe offence, and the manifest example other
put vpon the head thee the foresaid William christians. Faile not the execution hereof, the cap lay secular person; beseeching vpon the perill that will fall thereupon Teste
the court aforesaid, that they will receiue rege, apud Westm. Febr. an. regni. sui. 2do. ”
fauourably the said William vnto them thus re
committed. ”—Thus William Sautre the seruant Note. This writ De Harretico Comburendo, for
Christ, being viterly thrust out the popes burning Sawtre seems special act kingdome, and metamorphosed from clerke parliament made for that purpose, being tested
from all and singular clerkely honors and dig doe cause the said William, being your nities whatsoeuer these writings. Also, custodie, some publike open place within token thy degradation and deposition, here the liberties your citie aforesaid (the cause
England, and with con correct and punish all conuict; prouided al
secular lay man, was committed (as haue heard) vnto the secular power. Which done, the bishops, yet notherewith content
per Regem concilium intended
parliamento, which act parliament, see Prince's case, Hale's C. 396. 709. -The two first statutes re him brought forth speedie execution. lating heresy are those here mentioned by Whereupon the king, readie enough and too Fox R. enacting that sheriffs and much gratifie the clergy, and retaine their other civil officers should apprehend and im
fauours, directeth out terrible decree against prison persons suspected heresy order
the said William Sautre, and sent the their being tried Holy Church, and Henry maior and sheriffes London put exe cap. 15. impowering every diocesan im cution; the tenor whereof here vnder ensueth. prison persons suspected heresy their
The Decree the King against William respective dioceses, and try them (so that such
Sautre. diocesan proceededjudicially and openly against
such persons), and where any person was con “The Decree our soueraigne lord the King victed, might imprisoned the discretion
and his councell the parliament, against the ordinary; or, the party refused ab certaine new sprung heretike. To the ma jure his errors, having abjured them, re ior and sheriffes London, &c. Whereas the lapsed, was left the secular arm; and
reuerend father Thomas archbishop Can the sheriff (whom the ordinary might call
ed, cease not call upon the king, cause
turbury, primate England, and legat
the apostolike sea, by the assent, consent, and
counsell other bishops, and his brethren suf fragans, and also all the whole clergie within his prouince dioces, gathered together his prouinciall councell, the due order the law
present the trial) was cause the party burnt some high (or open) place.
The lord chief justice Brook Abridg ment, tit. Heresy) says, that upon this statute
was resolved, That person was convicted heresy the presence the sheriff, the being obserued points this behalfe, hath ordinary might commit him the same sheriff,
pronounced and declared, his definitiue sen and he was cause him burnt without tence, William Sautre sometime chaplaine fal the writ Harretico comburendo; but the len againe into his most damnable heresie, the sheriff was absent, the heretic was be which beforetime the said William had abiured, burnt another county, either these thereupon bee most manifest heretike, and cases the writ Haeretico comburendo must be therefore hath decreed that he should bee de
obtained before the sheriff could burn graded bin from prerogatiue and priulledge Some authors have wondered why the writ,
graded, and hath for the same cause really de him.
Coke's Rep. 19,
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175] STATE TRIALs, s Henry 1407. -Trial and Eramination [176
Heretico comburendo was issued for the burning By the 1st Elizabeth cap. the abovesaid Sawtre, when the last-mentioned act the statutes, well that other statute the
sheriff was empowered execute persons con first and second Philip and Mary, cap. victed heresy, without that writ; But the against hereticks, are repealed.
wonder ceases, we consider that the sheriff And the 29th Charles cap. passed
could not proceed execute the offender
his own authority, unless was present the conviction; and though the diocesan might call
the sheriff attend the trial, yet might too convict the offender his absence. And fur
contemplation the duke York's succes sion the crown, the writ Hacretico combu rendo, with all procecdings thereon, and all capital punishments pursuance any ecclesi
astical censures, are from thenceforth utterly ther, Sawtre was convicted the convoca abolished.
tion; and may difficult give one instance where the convocation called the sheriff to
assist the trial heretic; and, they had, such conviction was not within the letter
the act: Therefore, upon this conviction, the sheriff was under necessity waiting for
the writ Harretico comburendo, before could execute him.
that this day person convicted he resy liable only excommunication, and such pains and disabilities persons standing excommunicated for any other offence, (which however are not very light) for the excommu nicate person not reconciled Holy Church within forty days, liable taken the civil powers under the writ ercommunicato
By the Henry cap. civil offi capiendo, and imprisoned until
cers were be sworn to assist the ordinaries extirpating heresies; and one convict heresy was forfeit his goods and chattels, and
reconciled. See Comyn's Digest, tit. Excomen gement.