The Doctor and Student (1518)
Christopher St. Germain
If a man be convict of heresy before the ordinary, whether his goods be forfeited
Doct. It appeareth, in summa angelica, in the title donatio prima, the 13th article, that he that is a heretick may not make executors; for in the law his goods be forfeit: what is the law of the realm therein?
Stud. If a man be convict of heresy, and abjure, he hath forfeit no goods but if he convicted of heresy, and be delivered to laymen’s hands, then hath he forfeit all his goods that he hath at that time that he is delivered to them, though he be not put in execution for the heresy: but his lands he shall not forfeit except he be dead for the heresy, and then he shall forfeit them to the lords of the fee, as in case of felony, except they be holden of the ordinary, for then the king shall have the forfeiture; as it appeareth by the statute made the second year of H. 5, c. 7.
Doct. Methinketh that, as it belongeth only to the church to determine heresies, that so it belongeth to the church to determine what punishment he shall have for his heresy, except death, which they may not be judges in: but if the church decree that he shall therefore forfeit his goods, methinketh that they be forfeit by that decree.
Stud. Nay, verily, for they be temporal, and belong to the judgment of the king’s court: and I think the ordinary might have set no fine, upon one impeached of heresy, till it was ordained by the statute of H. 4, that he may set a fine in that case, if he see cause; and then the king shall have that fine, as in the said statute appeareth.