¶ Notes touching the statute prefixed.
Thus hauing recited the wordes of the statute, nowe
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Thus hauing recited the wordes of the statute, nowe
let vs consider the reasons & obiections of this aduersary, who grounding peraduēture vpon ye preface or preamble of this foresaid statute:* 1.1 will proue thereby the L. Cobham, and Sir Roger Acton, with the rest of their abettours, to haue bin traitors to their king and their countrey. Wher∣unto I answere, first in generall, that although the face or preface prefixed before the statute, may shew and declare ye cause & occasion originall why the statute was made: yet the making of the statute importeth no necessary probatiō of the preface alwaies to be true that goeth before, which being but a colour to induce the making therof: geueth no force materiall therunto, nor is any necessary part of ye bo∣dy of the said statute.* 1.2 But onely adhereth as a declaration of the circumstance therof, and sometime is cleane omitted and differeth much from the substance of the same. For as statutes in ciuile policie most commonly do tend to a pub∣like end & are generall: so prefaces before statutes, which most commonly declare the cause or beginning therof, are priuate: and do stand only but vpō particular facts, which either of ill will & displeasure may be suggested, or by co∣lour may be exaggerated, or forfeare may be beleeued, at least suspected, as many suspitious do oftimes rise in prin∣ces heads, through false surmises, & malicious cōplaints of certaine euill disposed about them, wherby many cruell lawes rising vpon a false ground, are promulgate to ye ru∣ine of much innocēt bloud. Example wherof we haue not onely in this present statute,* 1.3 an. 2. Reg. Hen. 5 but also in the like statute, commonly called the statute Ex officio vel de comburendo, made by this kings father and predecessour, an. 2. Henr. 4. cap. 5. In the preface of which bloudy statute, is conteined an other like cōplaint of the Prelates & cler∣gie, not so hainous, as also most shamefully false & vntrue against the poore Lollards, as by the wordes of the com∣plaint may appeare,* 1.4 beginning: Excellentissimo & Gratio∣sis. principi, &c. Wherin, most falsely they slaunder and mis∣report the true seruaunts of Christ to be Lollardes, here∣tiques, subuerters of the common wealth, destroiers of the Christian faith, enemies to all good lawes, and to the Church of Christ. The words of which statute proceeding much after ye like course as doth this present statute, may easely bewray the vntruth and false surmise therof, if thou please (gentle reader) to marke and conferre the wordes according as they are there to be read and seene, as follo∣weth:* 1.5 Conuenticulas & confederationes faciunt, scholas te∣nent & exercent, libros conficiunt atque scribunt, populum ne∣quiter instruunt & informant, & ad seditionem seu insurrectio∣nem excitant, quantum possunt, & magnas dissentiones in popu∣lo faciunt, & alia diuersa enormia auditui horrenda in dies per∣petrant, in fidei cathol. & ecclesiae subuersionem, diuinique cul∣tus diminutionem, ac etiam destructionem status, iurium, & li∣bertatum dictae ecclesiae Anglic. And after a few words: Ad omnem iuris, & rationis ordinem atque regimen, penitus destru∣endum, &c. He that is or shall be acquainted with old hy∣tories,* 1.6 and with the vsuall practises of Sathan the olde∣nemie of Chrst, from the first beginning of the primitiue Church vnto this present time, shall see this to be no newes, but a common and (as ye would say) a quotidian feuer among Christes children, to be vexed with false ac∣cusations, and cruell slaunders.
Nemesion the Egyptian and true Martyr of Christ, was he not first accused to be a felon? And when that could not be proued,* 1.7 he was condēned at the same iudgemēt for a Christiā: and therfore being cast into bands, was scour∣ged, by the commandement of the President double to the other felons: & at length was burned with ye theeues, al∣though he neuer was found theef nor felon vide page. 62.
Against Cyprian in like sort it was slaunderously ob∣iected by Galenus Maximus proconsull: Quòd diu sacrilega mente vixerit, & nephariae sibi conspirationis homines adiunxe∣rit.* 1.8 That he had long continued with a minde full of sa∣crilege, and that he had gathered vnto him men of wicked conspiracie, page. 69.
So Iustinus martyr, what false and criminous accu∣sations suffered he by Crescens?* 1.9 Cornelius Byshop of Rome and Martyr, was accused of Decius, quòd ad Cypria∣num literas daret contra remp i. That he wrote letters vnto Cyprian against the common wealth vide page. 65.
To consider the lawes and statutes, made by tyrauntes and Emperours in the first persecutions of the primatiue Church, against the innocent seruaunts of Christ, and to compare the same with the lawes and statutes in this lat∣ter persecution vnder Antichrist:* 1.10 A man shall find, that as they agreed all in like crueltie, so was there no great diffe∣rence in false forging of pretensed causes and crimes deui∣sed. For as then, the Christians were wrongfully accused of the Gentiles for insurrections & rebellions against the Emperours and Empire, for beeing enemies to all man∣kind, for murdering of infāts, for worshipping the sinne (because they praied toward the East) for worshipping al∣so the head of an Asse,* 1.11 & divide pag. 54. 36. vpon the rumors wherof, diuers and sundry lawes and statutes were enac∣ted, some engrauen in brasse, some otherwise wrote, a∣gainst them: So in this foresaid statute. an. 2. Henr. cap. 5 al∣so, an. 2. Henr. 4. cap. 15. and in such other statutes or indite∣ments made and conceiued against the Lolards: the case is not so strange but it may ceedibly be supposed, that the making therof did rise rather vpō malice & hatred against their religion conceaued, then vpon any iust cause mini∣stred of their partes, whome they did wrongfully charge & accuse. Like as in time of Domitianus, for feare of Da∣uids stocke,* 1.12 all the nephewes of Iude the Lords brother in flesh, were accused to the Emperour, page 48. And also the like feare & hatred stirred vp other Emperours, and the Senate of Rome, to proceed with persecuting lawes against the Christian flocke of Christ. Euseb. Lib. 5. cap. 21. Whereupon, rose vp those malitious slaunders, false sur∣mises, infamous lies, and wrongfull accusations against the Christians: so that what crimes soeuer either malice could inuent, or rash suspition could minister, that was imputed against them,* 1.13 vide page 48.
Not vnlike also it may seeme, that the Pope with hys Prelates fearing and misdoubting least the proceding of the Gospell preached by these persons should ouerthrowe the state of their maiestie: Did therfore by sinister accusati∣ous, inflame the harts of Princes against them, and vn∣der some colour couert, to shadow their cloked hatred, de∣uised these and other like crimes which were not true, but which might cleanely serue their purpose.* 1.14
This hetherto haue I said as in a generall summe an∣swering to the preamble of the foresayd statute, for the de∣fence of Sir Iohn Oldcastle, and Sir Roger Acton, and other, not as de••ining precisely what was or was not (for here I may say with Haule, that as I was not present at the deed doing, so with him I may also leaue the same at large.) But as one by trasing the footesteps of the truth, as by all coniectures hunting out in this matter, what is most like, would but onely say my mynde sine strepitu (as Lawyers say) & sine figura iudicij.
Now consequently it followeth, that we descend to the speciall points and particulars of the foresaid preamble: to consider what thereof may be collected, or necessarily is to be iudged, either for prose or disprose, of this foresaide Sir Iohn Oldcastle and his felowes.
¶(A) 1.15 And first, where the proheme of this statute begin∣neth with rumours,* 1.16 congregatiōs, and insurrections, &c. As it is not like, that if these men had intended any forcible entrees or rebelliō against ye king, they would haue made any rumours therof before the deed done: so is it more cre∣dibly to be supposed, all these florishes of words to be but words of course, or of office, and to sauer rather of the rāk∣nes of the inditers penne, who disposed either per amplifi∣cationem rhetoricam to shew his copy, or els per malitiam Papisticam, to aggrauate ye crime. And to make mountains of mollhilles, first of rumours maketh congregations, & from congregations riseth vp to insurrections: where as in all these rumours, congregations, & insurrections, yet neuer a blow was geuen, neuer a stroke was stroken, no bloud spilt, no furniture nor instruments of war, no signe of battaile, yea no expresse signification either of any re∣bellious word, or malitious fact described, neither in re∣cords, nor yet in any Chronicle. Againe, if these rumours were words spoken against the king, as calling him a ti∣rant, an vsurper of the crowne, the Prince of Priestes, &c. why then be none of these words expressed in their indite∣ments, or left in records? Doth M. Cope thinke for a man to be called a traitour, to be enough, to make him a tray∣tour, vnlesse some euident prose be brought for him to bee so in deed, as he is called? Rumours (sayth he) congrega∣tions, and insurrections were made. Rumours are vn∣certaine: Congregations haue bene and may bee among Christen men in dangerous times for good purposes, and no treason against their princes ment. The terme of in∣surrections may be added 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉 by practise, or sur∣mise of the Prelates and pen men, who to bring them the more in hatred of the king, might adde this rather of their owne gentlenes, then of the others deseruing. Certayne it is and vndoubted, that the Prelates in those dayes be∣ing so mightely inflamed against these Lollards, were not altogether behind for their parts, nor vtterly idle in this matter, but practised against them what they could, first to bring them into hatred, and then to death.
Examples of which kinde of practise among the Po∣pish Cleargy, haue not lacked neither before, nor since. Moreouer, if these men had made such a rebellious insur∣rection
against the king, as is pretended in the preample before this statute, which were a matter of high treason: How chaunceth then, that the whole body of the statute folowing after the said preface or preamble, runneth in all the parts and braunches thereof both in maner of arrest, of inditement, information, request, alowance of officers, cognisance of ordinaries, of the forefact, &c. vpon cases of heresie and not of treason, as by particular tractation shall be (Christ willing) declared.
* 1.17And for so much as these men be so greuously accused of Alanus Copus, for congregating & rising against their K. & the whole Realme, if I had so much laysure to defend, as he hath pleasure to diffame: Here might be demaunded of him, to keepe him some further pley (touching this mighty insurrection, where as they came in nūber of xx. thousand against the king) in what order of battaile ray they mar∣ched, what Captaines, vnder Captaines, and pety Cap∣taines they had to guide the wyngs, and to lead the army▪ whether they were horsemen, or footemen. If they were horsemen (as is pretensed) what ment they then to resort to the Thicketes neare to S. Gyles field, which was no meet place for horses to stirre? If they were footemen: how standeth that with the author, which reporteth them to be horsemē? Moreouer, is to be demanded, what insignes or flagges, what shot, what pouder, what armour, weapōs, and other furniture of war: also what treasure of money to wage so many, to ye nūber of xx. thousand, what trum∣pets, drommes, & other noise necessary for ye purpose they had. All these preparations for such an enterprise is requi∣site & necessary to be had. And peraduenture, if truth were well sought, it would be found at lēgth, that in stead of ar∣mies and weapon, they were comming onely with theyr bookes, and with Beuerlay their preacher, into those thic∣kets. But as I was not there present at the fact (as is be∣fore said) so haue I neither certeinely to define vpon theyr case, nor yet M. Cope to exclame against them, vnles per∣aduenture he taking an occasion of the time, will thus ar∣gue against them: That because it was the hoate moneth of Ianuary, the 2. day after the Epiphany, therefore it is like, that Sir Iohn Oldcastle with xx. thousand Lollards. camped together in the fields in al the heate of the wether, to destroy the king and all the nobles, and to make hym∣selfe Regent of England. And why not as well the King, as regent of England, seeing all the nobles should haue bene destroyed, & he onely left alone to reigne by himselfe?
¶ It followeth more in the preamble of ye foresaid sta∣tute (B) 1.18 to adnull, destroy, and subuert the Christen fayth, and the law of God, & holy Church, &c. He yt was the for∣ger & inuēter of this report (as it appeareth to proceed frō the Prelates) seemeth no cunning Daedalus,* 1.19 nor halfe hys craftes maister in lying for the whetstone. Better he might haue learned of Sinō in Uirgill, more artificially to haue framed and conueied his narration. Which although in no case could sound like any truth, yet some colour of proba∣bilitie should haue bene set vpon it, to giue it some counte∣nance of a like tale. As if he had first declared the L. Cob∣ham to haue bin before in secret cōfederacie with the great Turk, or if he had made him some termagāt or Mahound out of Babylonia, or some Herode of Iudea, or some An∣tichrist out of Rome, or some grandpanch Epicure of this world: and had shewed, that he had receiued letters from the great Souldan, to fight against the faith of Christ and law of God, then had it appeared somwhat more credible, that the said Sir Iohn Oldcastle with his sect of heresie, went about to adnull, destroie, and subuert the Christian faith, and law of God within the Realme of England, &c.
But now, where will either he or M. Cope finde men so mad to beleeue, or so ingenious yt can imagine this to be true: that the Lord Cobham (being a Christian) and so faithfull a Christiā, would or did euer cogitate in his mind to destroy and adnull the faith of Christ in the Realme of England? What soeuer the report of this pursuant or pre∣face saith, I report me vnto the indifferent Reader, how standeth this with any face of truth? That he which before through the reading of Wickliffes works, had bene so ear∣nestly cōuerted to the law of God, who had also approued himselfe such a faithfull seruant of Christ, that for the faith of Christ he being examined and tried before the Prelates, page. 553. not only ventred his life: but stood constant vnto the sentence of death,* 1.20 defined against him: being a cōdem∣ned and a dead man by law, Et qui, quantum ad eius deuoti∣onem pertinet & timorem, passus sit, quicquid pati potuit, who had as much as to deuotion and feare apperteined, suffe∣red already what he might or could suffer, as Cyprian said by Cornelius. That he (I say) which a little before in the moneth of September, stoode so constant in defence of Christes faith, would now in the moneth of Ianuary rise to destroy, adnull, & subuert Christes faith, and the law of God, and holy Church within the Realme of England?
How can it be not like only but possible to be true that he which neuer denied the faith: which euer confessed the faith so constantly, which was for the same faith condem∣ned: yea and at last also burned for the faith, would euer fight against the faith, and law of God, to adnull and to subuert it? Let vs proceed yet further, and see when that he should haue to destroied and adnulled the Christian faith and law of God in England, what faith or law then could he or did he entend to bring into the realme of Eng∣land? The Turks faith? or the Iewes faith? or the Popes faith? or what faith else, I pray you? For he that will be an enemie to the faith of Christ, and will shew himselfe frend to no other faith beside, I accompt him not out of his right faith, but out of his right wits.
(C) 1.21And therfore euen as it is true,* 1.22 that sir Iohn Old∣castle with his cōfederates & abertours were vp in armes to subuert, and extinguish the faith of Christ and law of God in ye realme of England: so by the like truth it may be estemed, that ye same persons rose also to destroy their so∣ueraigne Lord the king and his brethren. First thanks be to God, that neither the king, nor any of his brethren had any hurt by him. But his intent, saith the preface, was to destroy his soueraigne Lord the king. Whereunto I aun∣swere, with this interrogatorie, whether his intent was priuily to haue destroied him, or by opē force of armes? If priuily, what needeth then such a great army of xx. thou∣sand men to atcheue ye secret feate? Rather I would think, that he needed more the help of such as were neare about the king: as some of the kinges priuie chamber, or some of his secret counsaile: whereof, neither Chronicle nor record doth insinuate any mention.* 1.23 If his intent was openly to inuade the kyng: You must vnderstand (M. Cope) that to withstand a king in his owne Realme, many thinges are required, long time, great preparation, many frendes, great assistance, and ayd of kindred, money, horse, men, ar∣mour, and all other things apperteining for the same.
Earle Godwin of Westfaxe,* 1.24 who had maried Canutus daughter being a man both ambitious, and as false a trai∣tour, for al his sixe sonnes, and great alliance, yet durst not set vpon king Edward to inuade him within his Realme, although he sought manye occasions so to do, yet neuer durst enterprise openly, that which his ambition so gree∣dely presumed vnto, page 163.
In the time of King Henry the third,* 1.25 Symon Mont∣ford Earle of Glocester, Gilbert Clare Earle of Leicester, Humfrey Rone Earle of Ferrence, with a great number of Lords and Barons, thought themselues to haue great right on their sides, yet durst not for all their power open∣ly assaile the King in his Realme, before great debatemēt and talke first had betweene, page 330.
Likewise what murmuring and grudging was in the realme against king Edward the second,* 1.26 among the peres and nobles and also prelates (only Walter Bishop of Co∣uentry except) first for Gaueston, then for the Spensers, at what time Thomas Earle of Lancaster, Guido Earle of Warwike, with the most part of al other Earles and Ba∣rons concordly consenting together to the displacing first of Gaueston, then of the Spensers, yet neither rashly, nor without great feare durst stirre vp warre in the land, or disquiet or vexe the king, but first by all meanes of mode∣rate counsaile, and humble petition, thought rather to perswade, then to inuade the king, page 308.
In like maner,* 1.27 and with like grudging mindes, in the reigne of King Richard. 2. Thomas Wodstocke Duke of Glocester the kings vncle, with the Earles of Arundell, of Warwike, and Darby, with the power almost of the whole commons, stood vp in armes against the king: And yet notwithstanding all their power ioined together, be∣ing so great, and their cause seming to them so reasonable, yet were they not so hardy, straightwayes to flee vpon the king, but by way of Parliament thought to accomplishe that which their purpose had conceiued, and so did, with∣out any warre striking against the king, page. 513.
After King Richard. 2. was deposed,* 1.28 and was in pri∣son yet liuing, diuers noble men were greatly inflamed a∣gainst K. Henry the fourth, as Sir Iohn Holland Earle of Huntington, Thomas Spenser Earle of Glocester, ye Earles likewise of Kent, and of Salisbury, with sir Iohn Cheney & other mo, wherof diuers had beene Dukes be∣fore, & now deposed by King Henry. 4. although they had conceiued in their harts great grudge and malice against the said King Henry: yet had they neither hart nor power openly with mans force to assaile the king, but secretly were cōpelled to atchieue their conceiued intēt, which not∣withstanding they could not accomplish, Ex hist. D. Alban.
Thus, you see Maister Cope, or els maister Harpsfield, or whatsoeuer ye be,* 1.29 to gainstand a king, and with open force to encounter with him in his owne land, and in his owne chamber of London, where he is so sure and strong, what a matter of how great cheuance it is, wherin so ma∣ny and so great difficulties do lye, the attempt so dange∣rous, the chances so vncertaine, the furniture of so manie things required, that fearce in any kings daies heretofore, any peeres or nobles of the Realme, were they neuer so strongly assisted with power, wit, or counsaile, yet either were able, or els well durst euer enterprise vpon the case so dangerous, notwithstanding were they neuer of them∣selues so far from all feare of God, and true obedience. And shal we then thinke, or cā we imagine (maister Cope) that Syr Iohn Oldcastle, a man so well instructed in the knowledge of Gods word, beyng but a poore Knight by his degree, hauing none of all the peeres and nobles in all the world to ioyne with him, being prisoner in the Tower of London a litle before in the moneth of December, could now in the moneth of Ianuary, so sodenly, in such an hoat season of the yeare, start vp an army of xx. thousand figh∣tyng men to inuade the kyng, to kill two Dukes his bre∣thren, to adnulle Christen fayth, to destroy Gods law, and to subuert holy Church 〈◊〉〈◊〉 why doth not he adde more∣ouer, to set also all London on fire, and to turne all Eng∣land into a fishe poole? Beliue these men which geue out these ••igmentes of Syr Iohn Oldcastle, dyd thinke him to be one of Deucations stocke, who castyng of stones o∣uer his shoulder, could by and by make men at his plea∣sure, or els that he had Cadmus teeth to sowe, to make so many harnest men to start vp at once.
But let vs consider yet further of these xx. M. souldi∣ours so sodenly without wages,* 1.30 without vitall, or other prouision cōgregated together, what they were, frō whēce out of what quarter, countrey, or coūtreys they came. In an other kyngs dayes, whensoeuer any rebelliō is against the king, moued by the commons, as when Iacke Straw and wat Tyler of Kent, & Essex rose in the tyme of kyng Richard 2. When William Mandeuill of Abingdon, Iack Cade of Kent, in the tyme of kyng Henry the 6. In the tyme of kyng Henry the 8. when the cōmotion was of re∣bels in Lyncolnshyre, then in Yorkeshyre. When in kyng Edward the 6. tyme Humfrey Arundell in Deuonshyre, Captaine Kyte in Northfolke made styre against ye king,* 1.31 the coūtrey & partes from whence these rebels did spring, were both noted and also diffaimed. In this so trayterous cōmotion therfore let vs now learne, what mē these were, and from what coūtrey or countreys in all England they came. If they came out of any, let the Chroniclers declare what countreys they were. If they came out of none (as none is named) then let them come out of Outopia, where belike this ••igment was first forged, and inuented. Wher∣fore seyng neither the countreys from whence they came, nor yet the names of any of all these xx. M. doe appeare what they were either in Chronicle or in recorde, but re∣maine altogether vnknowen, I leaue it (gentle reader) to thy iudgement, to thinke thereupō, as thy wisedome shall lead thee.
(D) 1.32It foloweth more in the foresaid preface: And to de∣stroy all other maner of estates,* 1.33 of the same Realme of England, as well spirituall as temporall, &c. By ye course of this preamble it appeareth, that the sayd sir Iohn Old∣castle, was a wonderfull cruell tirant and murderer, who being not yet satisfied with the bloud of the king, nor of the two Dukes his brethren, would also make hauoke and swepestake, of all maner of estates in the Realme of Eng∣land. What, & leaue no maner of estate aliue? No, neither Lord spiritual nor temporall, but altogether should be de∣stroied. And what had all these estates done, thus so mise∣rably to be destroied? Although percase the moode of this mā might haue bene incensed & kindled against the king, and the Lords spiritual, by whom he had bene cōdemned, as is aforesaid: yet why should all other maner of other e∣states both spiritual and temporal be killed? If none of all the estates in Englād, neither Duke, Earle, Baron, Lord, Knight or other gentleman had bene his frend, but all his enemies, how then is it like, that he hauing all the estates, peeres, nobles, and gentlemen of the Realme against him, and none to stand with him, either could or durst attempt any commotiō against the whole power of the land, he be∣ing but one gentleman onely with sir Roger Acton, and maister Browne left alone? At least, good reasō yet would, that those hundreth Knightes should haue bin spared out of this bloudy slaughter, whom he offred to produce vnto the king before, for his purgation, page. 159. And finally, if this was his purpose that all these estates both spiritual & temporall should haue bin cut down, what needed then that he should haue made himselfe a Regent, when hee might as well haue made himselfe a king, or what else he would, being left then Prince alone?
(E) 1.34The preamble as it began with vntruth, and conti∣nued in the same figure, heaping one vntruth vpon ano∣ther: so now endeth with another misreport as vntrue as the rest, shewing & declaring, the intent of sir Iohn Old∣castle was also to destroy all maner of policie, & finally the lawes of ye land, &c. We read of William Cōquerer,* 1.35 other∣wise named William Bastard: who being a puisant Duke in his countrey, whē that the crown of Englād was alot∣ted to him, and he cōming ouer with all his peres, nobles, & barons of his whole land, into this Realme, & had with great difficulty obteined victorie against king Harold: yet to alter and destroy the policy and the lawes of the land: it passed his power. Insomuch that it had not bin permitted vnto him to haue proceded so far as he did, vnlesse he had first sworne to the nobles of this lande, to retaine still the lawes of King Edward, as he found them. And albeit he afterward forsware himselfe, breaking his othe in altering and changing many of the foresaid lawes, yet wild he, nild he, could not so destroy them all (for the which much war and great commotiōs endured long after in the Realme) but that he was constrained and also contented to allow and admit a great part of the said lawes of king Edward, page. 167. And if he being king and Conquerour with all his strength of Normands and Englishmen about him, was too weake and insufficient to destroy all maner of po∣licie, and lawes of this land, which he had conquered: how much lesse then is it to be supposed, that Sir Iohn Old∣castle being put a priuate subiect, and a poore Knight, and a condemned prisoner, destitute and forsaken of al Lords, Earles, and Barons, who to saue his owne life, had more to do, then he could well compasse, would either take in hand, or conceiue in his head anye such exployt, after the subuersion of Christian faith, and law of God, after the slaughter of the king, and of all maner of estates, as well spirituall as temporall, in the Realme of England, after the desolation of holy Church, to destroy also all maner of policie, and finally the lawes of the land? Which monstru∣ous and incredible figment, how true it may seeme to M. Cope, or to some other late Chroniclers of the like credu∣litie, I can not tell: Certaine to me, and as I thinke to all indifferent readers it appeareth as true, as is the Uerse of the Satyre, wherewith it may well be compared.
Nil intra est oleam,* 1.36 nil extra est in nuce duri.
But heere will be sayd again perhaps, that the matter of such preambles and prefaces being but pursuantes of statutes, and containing but words of course, to aggre∣uate, and to geue a shew of a thing, which they would to seeme more odible to the people, is not so precisely to bee scande or exquisitely to be stand vpon, as for the ground of a necessary case of trouth.
This is it (M. Cope) that I saide before,* 1.37 and now doo well grant & admit the same, that such preambles or fore∣faces lyned with a non sequitur, containyng in them matter but of surmise, and wordes of course (and rather monsters out of course) and many tymes rising vpon false informa∣tiō, are not alwayes in themselues materiall, or necessary probatiōs in all pointes to be followed: as appeareth both by this statute, & also by the statute of this kynges father. an. 2. Heur. 4. chap. 15. beginnyng Excellentissimo. &c.* 1.38 And yet notwithstandyng out of these same preambles, & fore∣frontes of statutes, & other inditementes, which cōmonly rising vpō matter of informatiō,* 1.39 runne onely vpō wordes of course of office, and not vpō simple truth, a great part of our Chroniclers do oftē take their matter, which they in∣sert into their stories, hauyng no respect or examination of circumstaunces to be compared, but onely following bare rumours, or els such wordes as they see in such fablyng prefaces, or inditementes expressed. Whereby it commeth so to passe,* 1.40 that the younger Chronicler followyng the el∣der, as the blind leadyng the blind, both together fall into the pit of errour. And you also (maister Cope) followyng the steppes of the same, do seeme likewise to erre together with them, for good felowshyp. And thus concernyng the face of this statute hetherto sufficiently.
Now let vs cōsider and discusse in like maner, first the coherence, then the particular contentes of the said statute. As touchyng the which coherence, if it be well examined, a mā shall finde almost a Chimera of it. In which neither the head accordeth with the body, nor yet the braunches of the statute well agree with themselues. Wherein he that was the drawer,* 1.41 or first informer thereof, seemeth to haue forgot his Uerse and art Poeticall.
Atque ita mentitur, sic veris falsa remiscet, Primum ne medio, medium ne discrepet imo.
For where as the preface of the statute standeth onely vpon matter of treason, conceiued by false suggestion and wrong information. The body of the sayd statute whiche should follow vpō the same, runneth onely vpō matter of heresie, pertaining to the Ordinaries, as by euery braūche therof may appeare.
(F) 1.42For first where he sayth, at the instaunce & request of the ordinaries or their cōmissaries.* 1.43 &c. Hereby it appea∣reth, this to be no cause of treasō, nor felony. For that eue∣ry man of duety is boūd, and by the lawes of the Realme may arrest & apprehend a traitour, or a felō, if he cā: where otherwise by this statute an officer is not bound to arrest him which offēdeth in case of this statute, without request made by the ordinaries or their commissaries, and there∣fore this offence seemeth neither to be treason, nor felonie.
(G) 1.44 Secondly, where it foloweth that the same ordina∣ries and commissaries doe pay for their costes, &c. This allowance of the officers charges in this sort, proueth this offence neither treason nor felonie.
(H) 1.45 Thirdly, where the statute willeth the king to bee answered of the yeare, day, & wast, &c. By this also is pro∣ued the offence not to be treason. Or els in cases of trea∣son, the whole inheritance (I trow, maister Cope, spea∣king as no great skilfull lawyer) is forfait to the prince.
(I) 1.46 The fourth argument I take out of these words of the statute, where as such lands and tenements which be holden of the ordinaries, are willed wholy to remaine to the king as forfait, &c. wherby it is manifest, that the Pre∣lates (for their matter of Lollardie onely) were the occa∣sioners and procurers of this statute: and therefore were barred of the benefite of anye forfetrising thereby, as good reason was, they should. And thus it is notorius, that the preface running specially and principally vpon treason, and the statute running altogether vpon points of here∣sie, do not well cohere nor ioine together.
(K) 1.47 Fiftly, In that such persons indited, shal be deliue∣red vnto the Ordinaries of the places, &c. It can not bee denied, but that this offence concerneth no maner of trea∣son. For so much as Ordinaries can not be iudges in ca∣ses of treason, or felonie, by the lawes of our Realme, Bracton, in fine. 1. Libri.
(L) 1.48 Sixtly, by the inditements prouided not to be taken in euidence, but onely for information, before the Iudges spirituall, &c. it is likewise to be noted: to what end these inditements were taken, to wit, only to informe the ordi∣naries, which can not be in cases of treason.
(M) 1.49 Lastly, where it foloweth toward the end of yt sta∣tute, touching escape or breaking of prison, &c. by this it may lightly be smelt, whereto all ye purpose of this statute driueth, that is, to the speciall escape of the L. Cobham out of yt Tower,* 1.50 to this end to haue his lands & possessiōs for∣fait vnto the King. And yet the same escape of the Lord Cobham in this statute considered, is taken by Maister Iustice Stanford in Lib. primo of the plees of the crowne cap 33. to be an escape of one arrested for heresie, where he speaketh of the case of the Lord Cobham.
Moreouer as touching the partes of this foresaid sta∣tute, how will you ioine these two braunches together, where as in the former part is said, that the lands of such persons connict, shall be forfait to the king, not before they be dead: And afterward it foloweth, that their goodes and possessions shall be forfait at the day of their arrest, to that king. But heerein standeth no such great doubt nor mat∣ter to be weied. This is without all doubt, and notori∣ously, euidently, and most manifestly may appeare, by all the arguments and whole purport of the statute: that as well the preamble and preface thereof,* 1.51 as the whole body of the said statute was made, framed, & procured onely by and through the instigation, information, and excitation of the Prelates, & the Popish Cleargie, not so much for a∣ny treason committed against the king: but only for feare and hatred of Lollardy, tending against their law, which they more dreded & abhorred, then euer any treasō against the Prince. And then to set the king & all the states against them, whereby the more readily to worke their dispatch, they thought it best and none so compendious a policie,* 1.52 as pretely to ioine treason together with their Lollardry. Wherein the poore men beeing once intangled, coulde no wayes escape destruction. Papae concilium callidum.
This M. Cope, haue I said, and say againe, not as one absolutely determining vpon the matter. At the dooyng wherof as I was not present my selfe, so with your owne Halle, I may and do leaue it at large, but as one leadyng the reader by all coniectures and arguments of probabili∣tie and of due circumstances, to consider with themselues, what is further to be thought in these old accustomed pra∣ctises and procedings of these prelates. Protesting more∣ouer (M. Cope) in this matter to you, that those Chroni∣clers which you so much ground vpon, I take them in this matter, neither as witnesses sufficient, nor as Iudges competent. Who as they were not themselues present at the deed done, no more then I, but onely folowing vncer∣taine rumours, and words of course and office, bringing with them no certaine triall of that which they do affirme, may therein both be deceiued themselues, and also deceiue you, and other which depend vpon them.
And hetherto concerning this statute enough. Out of which statute you see (M. Cope) that neither your Chro∣niclers, nor you can take any great aduantage, to proue a∣ny treason in the Lord Cobham or in his felowes, as hath bene hetherto aboundantly declared in the premisses.* 1.53
It remaineth further, that for asmuch as you in your fixt Dialogue with your author Edward Halle, do alledge the records Et publica iudicij Acta, to dissame these men for traytours (although what records they be, you bring forth neuer a word) I therefore in their defence do answere for them, whiche can not now aunswere for themselues. And because you, to accuse them do mention a certaine recorde, and yet do not shew vs what record it is, and peraduēture can not, if ye would: I haue taken the paines therfore, for the loue of them whom you so hate, to search out such Re∣cordes, whereby any occasion can be raised against them. And first will declare the commission granted, then the inditement commensed against them.
The which commission, and inditement, albeit in coun∣tenance of words will seeme to minister much suspition a∣gainst them, to the simple Reader, before he be better ac∣quainted with these subtile dealings and practises of Pre∣lates: yet trusting vpon the goodnesse of the cause, which I see here so falsely and sleightly to be handled, I nothing feare nor doubt, to produce the same out of the Records in Latine as they stand: to the intent that when the craftie handling of the aduersaries shall be disclosed, the true sim∣plicitie of the innocent, to the true harted Reader, shall the more better appeare. The words first of the Commission, here folow vnder written: which when thou shalt heare, let thē not trouble thy minde, gentle reader, I besech thee, before thou vnderstand further, what packing and subtile conueyance lieth couered and hid vnder the same.
¶ In Rotulo patent. de anno primo Henrici quinti.
R. Dilectis & fidelibus suis Willielmo Roos de Hamlak,* 2.1 Hen∣rico le Scrop. Willielmo Croiomere maiori Ciuitatis suae London. Hugoni Huls, Iohanni Preston, & Ioanni Mertin salu∣tem. Sciatis quòd cum nos plenius (A) informemur, ac notorie & manifeste dinoscatur, quôd quam plures subditi nostri Lollardi vulgarie nuncupati, ac alij mortem nostram contra ligeanciae suae debitum proditorie imaginauerunt, ac quam plura alia, tam in fidei catholicae, quàm status dominorum & magnatum regni nostri Angl. tam spiritualium quam temporalium destructionem proposuerunt, ac diuersas congregationes, & alia conuenticula illicita pro nephando proposito suo in hac parte per implend. se∣cerunt in nostri exheredationem ac Regni nostri destructionem manifestam: Nos huiusmodi Lollardos ac alios praedictos, iuxta eorum demerita in hac parte castigari & puniri volentes, ac de fidelitate & circumspectione vestris plenius confidentes: assi∣gnauimus vos quinque, quatuor, & tres vestrum, quorum vos praefati maior & Hugo, duos esse volumus Iustic. nostros, ad in∣quirend. per sacrum proborum & legal. hominum de ciuitate praedicta & suburbijs eiusdem, ac de Com. Midd. tam infr. liberta∣tes, quam extr. per quos rei veritas melius sciri poterit de omni∣bus & singulis proditionibus & insurrectionibus per huius mo∣di Lollardos in ciuitate, suburbijs, & com predictis factis & per∣petratis, nec non de omnimodo proditionibus insurrectionibns, rebellionibus, & felonijs in ciuitate, suburbijs, & com. praedictis, per quoscunque, & qualitercunque factis siue perpetratis, & ad easdem proditiones insurrectiones, rebelliones, & felonias audi∣end. & terminand. secundum legem & consuetudinem Regni no∣stri. Angl. Et ideo vobis mandamus, quod ad certos, &c. quos, &c. quorum, &c. ad hoc prouideritis diligentes super premissis fac. inquisitiones & premissa omnia & singula audiatis & terminetis in forma praedicta facturi, &c. Saluis, &c. Mandauimus enim vi∣cecomitibus nostris Lond. & Midd. quod ad certos, &c. quos, &c. quorum, &c. eius seire fac. venire facietis coram vobis, &c. quo∣rum, &c. tot &c. de Balliua sua, tam infr. libertates, quam extra per quos &c. & inquiri. In cuius &c. T.R. apud Westm. (B) x. die Ianuarij.* 2.2 Peripsum Regem.
By these high and tragicall wordes in this commission sent downe against the Lord Cobham, Sir Roger Acton, and their felowes: It may peraduenture seeme to the ig∣norant and simple reader, some hainous crime of treason
to rest in them, for conspiring against God, the Churche, the kyng & their countrey. But what cannot the fetchyng practise o•• the Romish Prelates bring about, where they haue once conceiued a malice? Wherfore maruel not (good trader) at this, nor iudge thou accordinge to the woordes which thou hearest. But suspēd thy iudgemēt a while, till the matter be more opened vnto thee. Exāples of like h••̄d∣ling be not so rare, but yu maist soone iudge by other tymes the like also of these. George Egle, of whom mētion was made before, did but preach in time of Queene Mary, an•• yet cōmissiō was directed against him, as in case of raising vp a cōmotion against ye Queene. Adā Damlip in Cahce did but preach,* 2.3 & ye receiuing of one poore crowne 2. yeares before at Rome was inough to make him a traitor▪ In the time of K▪ Henry ye 8▪ on•• Singleton chaplein to Queene Anne, the Queenes maiesties mother that now is, did but preach 〈◊〉〈◊〉 Gospel, moued by zeale (as I haue credible wit∣nes of his owne, scholer that heard him speake it being wt him)▪ & ye••, by vertue of cōmission it was obiected to hym: for raysing vp commotion agaynst the kyng, yea and also for killing of Pakington, & suffered for the same as a tray∣tor. So here, what matter or maruell is it, if the kyng ••••∣censed, or rather circumuented by the wrong information of the Prelates (whom he beleued) gaue out his cōmission, agaynst thynges neuer wrought nor thought.
Wherfore I exhort thee (Christian Reader) as I sayd before, iudge not by and by the truth, by the wordes of the Commissiō: but iudge the wordes rather of the Commis∣sion by the truth. Neither measure thou the lyne by the stone: But the stone rather by the line. At least yet differ thy sentence, till both the Commission and the Inditemēt beyng layd together, thou mayest afterward see and per∣ceiue more, what is to be iudged in the case.
In the meane season marke well these wordes of the kyng in this Commission,* 2.4 (A) Cum nos plenius informe••ur &c. By the which wordes it is easie to be vnderstand, that the kyng himselfe had no certaine knowledge thereof, but onely by information of others, (of Byshops no doubt & Prelates) & thereupon gaue forth his Commission afore∣sayd. And then how will this stand with our Chroniclers & other Epitomes and Summaries whō Maister Cope doth alledge. For if it be certaine that Robert Fabiā sayth, that the kyng himselfe beyng in the field tooke certayne of them, as Syr Roger Acton, Maister Browne, and Iohn Beuerlay,* 2.5 & your owne Edw. Hall, also & your Epitome agreeth to the same, and sayth moreouer that they were brought before y• kynges presence. Tho. Couper also whō you alledge, addeth further and sayth, that the kyng there by strength dyd take them.
I pray you (Maister Cope) what needed the kyng to write this by information, when as he both himselfe was present at the fact, was the taker of them, and a witnesse of the deede? The which and if it be true, that the kyng heard this but by way of information, how will you then defend your Chronicos and your Epitomas. But herein I will nei∣ther greatly sticke with you, nor contend with them: De∣siring thee Reader this onely to beare in mynde the date of this present Commission when it was geuen,(B) 2.6 which soundeth to be the x. day of Ianuary, & afterward to com∣pare the same with the date of Inditemēt here vnder fol∣lowyng, whiche I will (the Lord willyng) also hereunto annexe, leauyng nothyng out: Yea rather ministryng to the aduersary all manner of helpes, whatsoeuer they can seeke or require for their most aduauntage in this matter, to be desired. So sure and confident I am in the innocent cause of these good men nor fearing whatsoeuer blind ma∣lice can cauill agaynst them.
¶The Inditement of the Lord Cobham, Syr Roger Acton and others, with notes follow∣yng vpon the same.
PArliamēta coronae corā domino rege apud Westm. de termi∣no sancti Hillarij, anno regni regis Henrici quinti, post cōque. primo Rot. vij. inter parliamēta regis. Alias corā Gulielmo Roos de Hamlak, Henrico le Scrop, Gulielmo Crowmere maiore ciui∣tatis London, Hugone Huls & socijs Iustic. domini regis, ad in∣quirend. per sacram. proborū & legal. hominū de ciuitate domini regis Lōdon, & suburbijs eiusdē, ac de Com. Midd. tā infra liber∣tates, quā extra de ōnibus et singulis proditionibus & insurrecti∣onibus, per quāplures subditos domini regis Lollardos vulgarit. nuncupatos, et alios in ciuitate, suburbijs, et com. predictis factis et perpetratis, nec non de ōnibus proditionibus, insurrectioni∣bus, rebellionibus, et felonijs in ciuitate, suburbijs, et com. pred. per quoscunque et qualitercun{que} factis, siue perpetratis, et ad e∣asdē proditiones, insurrectiones, rebelliones, et felonias audiend. et terminand. secundū legē et consuetudinē regni domini regis Angliae, per literas ipsius domini Regis patētes, assign. apud west. die Mercurij (A) 3.1 proximo post festū Epiphaniae domini ano reg∣ni ni regis Henrici quinti post conquestum primo,(B) 3.2 per sacram. xij. Iur. extitit presenta••ū: quod Ibhamnes Oldcastle de Coulyng in Com. Ran••ich••et alij Lollardi y•ulgar nuncupat. qui cōtra fi∣dē catholicam diuersas opiniones hereticas, et alios errores ma∣nifestos legi catholicae repugnantes a di•• temerarie tenuerunt, opiniones et errores praedictos manute••ere, at in facto minime perimplere valentes, quandiu regia potestas er tam st••tus regal. dou••i•••• nost••i regis, quā status et officiū prelaciae dignitatis infra regnū Angl••m prosperitare perseuerarēt falso et proditorie ma∣chi••••ndo, tā statum regni▪ quā statum et officium praelatorū, nec∣••on ordines religiosorū infra dictū regnū Angl. peni••us adnulla∣re. Ac dominum nostrū regē, fra••res suos, prelatos, et alios mag∣nat••s ••iusde•• regni interficere, necnō viros religiosos, relict. cult. 〈◊〉〈◊〉 et religiosis obseruancijs ad occupationes mūdanas pro∣••••care, et ta ecclesias cathedrales, quam alias ecclesias et domos religio••as de rel••quis et alijs bonis ecclesiasticis totaliter spolia∣reacfūditus ad terrā prosternere, et dictum Iohānē Oldcastel,(C) 3.3 Regente•• esusdem regni constituere, et quā plura regimina secun∣〈◊〉〈◊〉 eor••••i voluntate infra regnum praedictum (D) 3.4 quasi gens sine capito in finale destructionē, tamsidei catholicae et cleri quā sta∣tus et maiestatis dignitatis regal, infra idē regnum ordinare, falso et proditorie ordinauerunt et proposuerunt, quod ipse insimul cū quāpluribus rebellibus domini regis (E) 3.5 ignotis ad numerum vigniti millium hominū de diuersis partibus regni Angl. modo guerrino ariuat.(F) 3.6 priuatim insurgent. et die Mercurij proximo (G) 3.7 post festū Epiphaniae domini anno regni regis predicti pre∣dicto apud villā et parochiam sancti Egigij (H) 3.8 extra Barram ve∣teris Templi London. in quodā magno campo ibidem. vna••imi••. conuenirent et insimul obuiarent pro nephando p••oposito suo in premissis perimplend quo quide die Mercurij apud villā et paro∣chiā predictas predicti I Oldcastel et alij in hm̄odi proposito pro ditorio perseuerantes, predictum dominū nostrumregem, fratres suos, videlicet, (H) Thomam ducem Clarenciae, Iohannem de Lancastre, & Humfredum de Lancastre, necnon prelatos & ma∣gnates predictos interficere, necnon ipsum dominum nostrum Regem & heredes suos de regno suo predicto exheredare, & pre∣missa omnia & singula, necnon quamplura alia mala & in∣tolerabilia facere & perimplere falso & proditorie proposu erunt & imaginauerunt (I) & ibidē versus campum predictū mo∣do guerrino arriati. proditorie modo insurrectionis contra lige∣ancias suas equitauerunt ad debellandū dictū Dominum nostrū Regē, nisi per ipsum manu forti gratiose impediti suissent. Quod quidē inditament Dominus Rex nunc, certis de causis coram eo ventre fecit terminandū. Per quod preceptum suit vic. quod non omitteret, &c. quin caperet prefatum Iohannem Oldcastle, si &c. Et saluo &c. Ita quod haberet corpus eius coram Domino Rege, apud Westmonasteriū ad hunc diē, scilicet die Mercurij proximo post octauas sancti Hillarij isto eodem termino ad respondendū Domino Regi de premissis &c. Ad quos diem & locum, coram domino Rege vic. quod exigifaceret eum de com. in com. quous∣que vtlagetur si non &c. Et si &c. tunc eum caperet, & saluo &c. Ita quod haberent corpus eius coram Domino Rege in octauas Sancti Iohannis Baptiste ex tunc proximū sequē. vbicunque &c. ad respondendū domino Regi de proditionibus, & felonijs supe∣rius sibi impositis. Ad quas octauas sancti Iohannis Baptiste, an. regni R. Henrici quinti post cōquestum secūdo, Iohanne Sutton, & Io. Michell vic. Mid. corā domino Rege returnauerūt quod ad com. Midd. centū apud Braynford die Iouis proximo ante festum S. Barnabae Apostoli, an. reg. R. Hen. quint. post cōquestū secundo. Et ad quatuor com. ex tunc ex proximo precedentes predictus Iohannes Oldcastle exactus fuit, & non cōparuit. Et quia ad nul∣lū eorundē com. cōparuit. Ideo presentibus coronatoribus com. predicti vtlagat•• fuit, per quod inquiratur de terra & catallis suis.
Notes vpon the statute foresaide.
Prefaces be∣fore statutes not to be re∣garded in triall of truth.
Statut. an. 2 Hen. 5. cap. 11.
The preface ••efore the ••tatute Decōburēdo
Ex fetussis astrumētis.
False accusa∣•••• no newes 〈◊〉〈◊〉 Christes ••••rch.
Example of Nemesion Martir. pag. ••••.
Example of Cyprian. pag. 69.
Example of ••••••tine the Martyr. Example of somelius ••••sh. of Rōe pag. 65.
Lawes and statutes ••ounded •• false 〈◊〉〈◊〉 against the Chri∣tians.
The persecuting statutes in the primitiue church and of the latter church cōpared.
Feare & hatred causers of perse∣cution.
Vide supra. pag. 48.
The matter de∣bared by re∣cordes, whether the L. Cobham and sir Roger Acton were traytors or not.
(A)
Rumors. Congregations. Insurrections.
Insurrection of the Lollordes against the king not lykely.
(B)
A slaūder of the L. Cobham, that he intēded to destroy Chri∣sten fayth.
Cyprian. lib. 4. Epist. 2.
(C)
The Lord Cobham falsely slaū∣dered for in∣tending to destroy the king.
How vnly••e it is that the L. Cobham did rise a∣gainst the king.
Examples what an heard mat¦ter it is to rise against the king.
The nobles against K. Henry. 3.
The noble against K. Edward. 2.
The nobles against. K▪ Rich. 2.
The nobles against K. Henry. 4.
The insurrec¦tion of the L. Cobham against the king iudged by circūstace
A rebellion ••o be of ••0. thousand, and yet no countrey to •• knowen ••rom whēce they came, it is not like.
Neuer was 〈◊〉〈◊〉 rebelliō of commons in England but the spe∣ciall coūtrey from whēce they came was noted and knowen.
(D)
Another false reporte of sir Iohn Oldecastle that he intē∣ded to kill all maner of estates in the realme.
(E)
An hard matter to destroy all policie and lawes of a land.
Obiection.
Aunswere.
Ex originals statut. Hen. 4. cap. 15.
The reason and cause, how chro¦niclers oft times be deceiued.
Alanus Copus deceiued by his chroniclers.
Horat. ar••, Poet.
(F)
The body of the statute an. 2. Reg Hen. 5. cap. 7. examined.
(G)
(H)
(I)
(K)
(L)
(M)
Iustice Stanford of the plees of the crowne. lib. 1. cap. 33.
The first procu∣rers of this sta¦tute.
Practise of pre∣lates to couple treason with heresie.
Alanus Copus. pag. 833. lin. 4.
The wordes of Commis∣sion against the Lord Cobham.
(B)
Examples of 〈◊〉〈◊〉 false∣•••• accused ••or treasons.
(A)
Ou•• Eng∣li••h Chro∣niclers exa∣mined by the wordes of this Com¦mission.
(B)
(A)
(B)
(C)
(D)
(E)
(F)
(G)
(H)