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.]