him over to the secular power for death, upon receipt
of the King's writ.[259] Certain it also is, that, on those who might
be apprehended in consequence of this petition, none of those rigours
could be visited: on the contrary, they would be placed beyond reach
of the ecclesiastical arm. Surely to talk of Prince Henry being
suborned by the priests to present a bloody petition, savours rather
of blind prejudice than of upright judgment.

[Footnote 255: Much doubt and many mistakes seem to
have prevailed as to the real state of the law in
England before the statute 2 Hen. IV. cap. 15. It
is said by the annotator on Fitzherbert that,
"before the time of Henry IV. no person had been
put to death for opinions in religion in England;"
but the same author himself tells us that, among
the crimes to be punished by burning by the common
law, heresy is enumerated. "No Bishop, indeed, by
the common law, could convict of heresy, as to loss
of life, but only as to penance, and for the health
of the soul, 'pro salute animae.' In the case of
life, the conviction by the common law ought to
have been before the Archbishop in convocation."
Much information is found on this subject in
Fitzherbert's Book, De Natura Brevium.]

[Footnote 256: Hallam, Middle Ages, vol. iii. p.
134.]

[Footnote 257: An antiquary well versed in such
matters says, that for many years previous to this
petition there are several mandates upon the Patent
Rolls, ordering the apprehension of heretics, (who
appeared to have been all monks,) in consequence of
complaints made to the King in council by the
various monasteries. He had never met with any
entry affecting the parochial clergy.]

[Footnote 258: The clergy could not have prevented
its appearance on the Roll, but the judges (it is
said) might have done so.]

[Footnote 259: See, however, Fitzherbert, De Natura
Brevium, p. 601.]