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216
REIGN OF HENRY THE EIGHTH
[ch. 3.

to appear before themselves, to answer at a certain day and place to such articles as by them shall be, ex officio, then proposed; and that secretly and not in open places;[1] and forthwith upon their appearance, without any declaration made or showed, commit and send them to ward, sometimes for [half] a year, sometimes for a whole year or more, before they may in anywise know either the cause of their imprisonment or the name of their accuser;[2] and finally after their great costs and charges therein, when all is examined and nothing can be proved against them, but they clearly innocent for any fault or crime that can be laid unto them, they be again set at large without any recompence or amends in that behalf to be towards them adjudged.

XI. And also if percase upon the said process and appearance any party be upon the said matter, cause, or examination, brought forth and named, either as party or witness, and then upon the proof and trial thereof be not able to prove and verify the said accusation and testimony against the party accused, then the person so accused is for the more part without any remedy for his charges and wrongful vexation to be towards him adjudged and recovered.

XII. Also upon the examination of the said accusa-

  1. I give many instances of this practice in my sixth chapter. It was a direct breach of the statute of Henry IV., which insists on all examinations for heresy being conducted in open court. 'The diocesan and his commissaries,' says that Act, 'shall openly and judicially proceed against persons arrested.'—2 Hen. IV. c. 15.
  2. Again breaking the statute of Hen. IV., which limited the period of imprisonment previous to public trial to three months.—2 Hen. IV. c. 15.