the case of heresy heresy upon conference with sir John Popham and other a  Eliz note mar title heresy brook per all justice baker hare the arch bishop in  his province in the convocation may and do use to convict heresy by the  commonlaw and then to put they convict into lie hand and then by the Writ de  heretic to burn up they be burn but for this that it be troublesome to call a  convocation of the whole province it be ordain by the statute of Henry cap  that every bishop in his diocese may convict heretic and if the sheriff be  present he may deliver the party convict to be burn without any Writ de  heretic to burn up but if the sheriff be absent or if he be to be burn in  another county then there ought to be a Writ de heretic to burn up and that  the commonlaw be such vide lib intra title indictment pl who there be take for  heretic some of they be consonant to true religion vide Henry book of entry  fol see dr saint lib cap cousin see the statute of p m cap that ordinary want  authority to proceed against heretic f n b fol and the Writ in the register  which in the new Writ be omit prove this direct Bracton lib cap fol council  oxoniensi quidam deacon intimacy to be de apostasy say primo reduce in rank  to be per of order and true it be that every ordinary may convent any heretic  or schismatic before he pro salute mind and may degrade he as Bracton say and  may enjoin he penance accord to the censure of ecclesiastical law but upon  such conviction at commonlaw the party convict shall not be burn nor any Writ  de heretic to burn up lie upon it for the commonlaw will not commit the  Disseison of a heresy for the life of a Christian man to any sole judge notam  the maker of the act of Elizabeth be in doubt what shall be deem heresy schism  or schismatical opinion and for this on purpuse the statute Elizabeth provide  that nothing shall be deem heresy by any of the commissioner by virtue of the  high Commission but what have be determine for heresy by one of the four  general council or express by the word of God or parliament and will not leave  it to so many of the bishop and high divine who be commissioner to determine  what be heresy without question it can be think reasonable that this shall be  leave without any limitation to one only bishop but to a general convocation  for plus vident oculi how oculus see fox in Edward tine the ordinary convict  none but by commission and it appear by Bracton vide above Britton who writ in  Edward lib cap that a heretic shall be burn for heresy but he do not speak of  the manner of conviction see horn in mirror of justice and true it be that be  appear by the preamble of the statute Henry that the ordinary have cognizance  of heresy and this be true as it have be say pro salute mind but not to burn  the heretic before that statute and with this agree the statute Henry cap  Henry Henry cap which recite the mischief and the say act Henry introduce sure  that a man incur the lose of his life good fame or good upon naked suspicion  without due examination and testimony or presentment videlicet confession c  also that the word in the say Act videlicet canonical function be to general  and incertain also that it be not define by the say act what be heresy the say  Act repeal the act Henry Henry and the same act Henry give power to the  ordinary to proceed in other from and manner then the statute Henry have  provide videlicet that the ordinary shall only proceed upon presentment or  indictment of heresy or upon a accusation of two lawful witness and not  otherwise also the ordinary can burn the heretic without the king Writ de  heretic to burn up so that the proceed in that commencement and end be alter  by the statute Henry and where this statute say ordinary have power to examine  heresy this restrain it to ordinary themselves and not to suffragan commissary  c then come the statute of Edward cap and that repeal Richard Henry Henry but  not the Henry by express word but by general word videlicet all statute  concern matter of religion then come the statute p m cap and revive the  statute Henry among other by the reviver of which without more the statute of  Henry lose its force so that the ordinary may proceed upon bear suspicion and  burn in any case without the king Writ but by the act p m cap after diverse  act express repeal sure Henry Henry Henry Henry but the act of the Henry cap  be not express repeal for this be repeal before by the act Edward and yet in  the end of that long and prolix Act there be a general clause which be  sufficient of it self to repeal the Act of Henry cap without more sure the  ecclesiastical jurisdiction of the arch bishop and ordinary to be in the same  estate for process of suit punishment of crime and execution of church censure  with knowledge of cause belong to the same and as large in these point as the  say jurisdiction be the twenty year of the reign of Henry by which clause  without question the Act of the of Henry cap be repeal then come the statute  of Elizabeth cap and by this the say Act of the Phil mar be repeal except such  branch as after in the Act be except and after diverse act particular be  repeal by the Act Phil mar and be revive by Eliz particular and after in the  same act of Elizabeth it be enact that all other statute repeal by the say act  of repeal of Phil mar and not in this act special revive shall remain repeal  but the act Henry cap be not particular revive and therefore be repeal and  after it be enact by the statute of Elizabeth that the say act Phil mar of  revive of three act for punishment of heresy and the say three act themselves  shall be repeal so that now at the commonlaw none can be burn for heresy but  by conviction at a convocation for the statute of Henry cap and Henry be now  repeal and no regard be have to the say doctor cousin in his apology page that  he hear the two chief justice c for he do not touch any time or person c and  it may very well be that they say that cognizance of heresy belong to ordinary  quatenus to penance but not quatenus to lose of life note also that by the say  Writ in the register it appear that heretic convict ought first to abjure so  that it may be say all infra ovile and after relapse into the same heresy  there he shall suffer death and with this accord Fitzherbert but quaere de hoc  note diverse be convict in the time of queen Elizabeth upon the statute of  Henry for the order and from of Henry be not observe both which act be repeal  so William Newburgess lib cap de heretic to burn up in France note the high  Commission may punish heresy and upon their conviction a Writ de heretic  to burn up see the Act Richard by which the Commons disavow their assent to  the act of Richard that heretic shall be imprison c upon the certificate of  the bishop c and there the Commons declare that it be not their intent to be  justify nor bind themselves nor their successor to prelate more then their  ancestor have do in time pass note well the act Richard be contrive by the  prelate in the name of the Commons whereas they never assent and this private  act of Richard not print nor be it after diverse parliament as it may appear  before