mo in number were after conuicte of heresie and treason and for the same were hanged and brent, within the sayd fielde of S. Gyles, &c. Thus much in Fabian touchyng the commotion and condemnatiō of these men: MarginaliaAlanus Copus taken with an other vntruth.but that the Lord Cobham, was there present with them in any part, either of consent or of counsaile, as Alanus Copus Anglus pretendeth, that is not founde in Fabian, but is added of his liberall cornu copiæ, whereof he is so copious and plentiful, that he may kepe an open shop of such vnwritten vntruthes, whiche he maye aforde very good cheepe I thinke, beyng such a plentifull artificer.

MarginaliaEx statuto Reg. Henr. 5. an. 2. cap. 7.But here wyll be obiected agaynst me the woordes of the statute made the. 2. yeare of king Henry the fyft, wherupon this aduersary triumphing w^t no lytle glory, ωςπερ τισ ολυμπιαδα ανελομενος, thincketh him self to haue double vantage agaynst me: first in prouyng these foresayd complices and adherentes of the lord Cobham, to haue made insurrection agaynst the king, and so to bee traytours. Secondlye, in conuicting that to be vntrue, where as in my former booke of Actes and Monuments I do reporte: MarginaliaThe former editiō of Actes and Mon. pag. 275 a.how that after the death of syr Roger Acton of Browne and Beuerley, a parlament was holden at Lecester, where a statute was made to this effect: that all and singuler such as wer of Wickliffes learnyng, if they would not geue ouer (as in case of felony & other trespasses, loosyng all their goodes to the kyng) shoulde suffer death in two maner of kindes, that is, they should fyrst be hanged for treason against the kyng, and then be burned for heresy against God. &c.

Wherupon, remayneth now in examining this obiectiō, and answering to the same, that I purge both thē of treason, and my selfe of vntrouth, so far as truth and fidelitie in Gods cause shall assist me herein. Albeit in begynning first my historye of Ecclesiasticall matters, wherein I hauing nothing to doo with debatement of causes iudicial, but onelye following the simple narration of thinges done and executed: neuer suspected that euer any would be so captious with me, or so nise nosed, as to presse me with such narrow poyntes of the law, in trying & discussing euery cause and matter so exactly, and strayning (as ye would say) the bowels of the statute law so rigorously agaynst me. Yet for so much as I am thereunto constrayned now by this aduersarye, I wyll first lay open all the whole statute made the second yere of this foresaid Henry the fift, after the death of the foresaid syr Roger Acton and his fellowes, at the parlamēt holdē at Leycester, an. 1415. That done, I will note vpō the woordes thereof, so as by the circumstances of the same may appeare what is to be concluded, either for the defence of their innocencye, or for the accusation of this aduersarye. The tenour and purport of the statute here vnder ensueth.

FOr as much as great Marginalia(A)(A) rumors, congregatiōs, & insurrectiōs here in England by diuers of the kyng his maiesties liege people haue been made here of late, as well by those whiche were of the sect of heresie called Lolardy, as by others of their confederation, excitation, and abetment: to the intent to Marginalia(B)(B) adnulle & subuert the Christian fayth and the lawe of God within the same realme, as also to Marginalia(C)(C) destroy our soueraigne Lord the king him self & Marginalia(D)(D) all maner of estates of the same his realme as well spirituall as temporall, Marginalia(E)(E) and also all maner policie, and the lawes of the lād. Finally the same our Lord the kyng, to the honour of God, in conseruation and fortification of the Christian fayth, and also in saluation of hys royall estate, and of the estate of all his realme, willyng to prouide a more open and more due punishment agaynst the malice of such heretikes and Lolardes, then hath ben had or vsed in that case heretofore, so that for the feare of the same lawes, and punishment, such heresies and Lolardies may the rather cease in tyme to come:

MarginaliaHere it appeareth at whose sute & supplication this statute was set forward as also the cause why.By the aduice and assent aforesayd, and at the prayer of the sayd cōmons both ordayned & established: that especially the Chauncelour, the Threasurer, the Iustices of the one bēch and of the other Iustices of Assise, Iustices of peace, Shriffes, Maiors, and Baylifes of Cities and Townes, and all other officers hauyng the gouernement of people, either now present or whiche for the time shalbe, do make an othe in taking of their chardge and offices, to extend theyr whole payne and diligence to put out, to do to put outMarginaliaAstiternne reges & Ptarisai. &c.cease and destroy, all maner of heresies and errours commonly called Lolardies within the places in which they exercise theyr chardges and offices, from tyme to tyme, with all theyr power: and that they assiste, fauour, and maintaine the ordinaries and their commisaries so often as they or any of them shall be therunto required by the sayd ordinaries & their commissaries: So that the sayd officers and ministers, when they trauell or ryde to arest any Lolarde, or to make any assistēce at the Marginalia(F)(F) instaunce & request of the ordinaries or their commissaries, by vertue of this statute: that the same ordinaries & commissaries do Marginalia(G)(G) pay for their costes reasonably. And that the seruices of the kyng (vnto whome the officers be first sworne) be preferred before all other statutes for the libertie of holy churche and the ministers of the same: And especially for the correction and punishement of heretickes and Lolardes, made before these dayes and not repealed, but beyng in their force And also that all persons conuict of heresie of what soeuer estate, condition or degree they be, by the sayd ordinaries or theyr commissaries left vnto the seculare power accordyng to the lawes of holy Churche, shall leaze and forfait all theyr landes and tenementes, which they haue in fee simple in maner and forme as foloweth: That is to say that the kyng shal haue all the landes and tenementes, which the sayd conuicts haue in fee simple and whiche bee immediatly holden of him, as forfaited: And that the other Lordes of whom the landes and tenements of such conuictes be holden immediatly, after that the kyng is therof seised & answered of the Marginalia(H)(H) yeare, day, & waste: shall haue lyuery therof out of the hands of the kyng of the landes and tenements aforesaid so of them holden, as hath been vsed in case of attaynder of felonies, except the landes and tenementes, which be holden of the ordinaries or their comissaries, before whom any such empeached of heresie be conuict. Marginalia(I)(I) which landes and tenementes shall wholy remaine to the kyng as forfaict: And moreouer, that all the goodes and cattalles of such conuicted, be forfaict to our right soueraygne Lord the kyng, so that no person conuict of heresie and left vnto the secular power (accordyng to the lawes of holy Church) do forfaict his landes before that he be dead. And if any such person so conuicted be enfeoffed, whether it be by fine, or by dede, or without deede, in landes and tenementes, rentes, or seruices, in fee or other wise in what so euer manner, or haue any other possessions or cattels by gift or graunt of any person or persons, to the vse of any other then onely to the vse of suche conuictes: That the same landes, tenementes, rentes, nor seruices, nor other such possessions nor cattels shall not bee forfaict vnto our soueraigne Lord the kyng in no maner wise. And moreouer, that the Iustices of the kyngs bench, the Iustices of peace, and Iustices of Assise, haue full power to inquire of all such, whiche hold any erroures or heresies, as Lolardes and who be theyr maintaynours, receuours, fautours, and sustayners, common writers of such bookes, as well of theyr Sermons as scholes, conuenticles, congregations, and confederacies, and that thys clause bee put in the commissions of the Iustices of peace. And if any persons be indited of anye of the poyntes aboue sayde, that the sayd Iustices haue power to award agaynst thē a Capias, and that the Shirif be bound to arest the person or persons so endited as soone as he can finde them, eyther by hym selfe or by hys officers. And for so much as the cognisaunce of heresies, errours, or lolardies, appertayne to the Iudges of holy church, and not vnto the secular Iudges: that such persōs indited Marginalia(K)(K) be deliuered vnto the Ordinaries of the places, or to theyr Commissaries by Indentures betwene them to bee made, within. x. dayes after theyr arest, or sooner if it maye be done, to be thereof acquited or conuict by the lawes of holy church, in case that such persons bee not indited of any other thyng, the cognisaunce whereof appertayn.th to the Iudges and seculer officers. In which case, after they shall be aquited or deliuered before the secular Iudges of such thynges as appertayneth to the secular Iudges, they shall be sent in safe custodye vnto the sayd Ordinaries or their Commissaries, & to them to be deliuered by Indentures as is aforesayd, to be acquited or conuicted of the same heresies, errours, and lolardies, as is afore said, according to the lawes of holy church, and that within the terme abouesayd. Prouided, that the sayd indightmentes be not taken in euidence Marginalia(L)(L) but only for informatiō before the Iudges spirituall, against such persons indighted: but that the Ordinaries begin their proces agaynst such persons indited, in the same maner, as though no such iudgement were, hauing no regard to suche inditementes. And if any be indited of heresy, errour, or lolardy, and taken by the Shiriffe or any other officer of the kyng, he maye be let to maynprise within the sayd ten dayes, by good suretie, for whom the said Shiriffes or other officers wyll answer, so that the sayd person so indighted be redy to be deliuered vnto the sayde Ordinaries, or to their Commissaries, before the end of the tenth day aboue recited, if he may by any meanes for sickenes. And that euerye Ordinarye haue sufficient Commissaries or Commissary, abiding in euery coūtie in place notable, so that if any such person indited be taken, that the sayde Comissaries or Commissarye may be warned in the notable place of his abyding, by the Shiriffe or any of hys officers to come vnto the kynges Gayle wythin the sayd County, there to receaue the same person so indighted by Indenture as is aforesayde: And that in the inquestes in thys case taken, the Shiriffes and other officers, vnto whom it appertayneth, doo impanell good and sufficient persons not suspected nor procured, that is to say, such as haue at the least euerye one of them that shall bee so enpanelled in such enquestes, wythin the realme, a hundred shillyngs by the yere of lands, tenements, or of rent, vpon paine to lecse to the kings vse xx. pound. And þ^t those whych shalbe enpānelled vpō such enquests at Sessions & gayles, haue euery one of them to the value of fortie shillinges by the yeare. And if any such person be arested, whither it be by þ^e Ordinaries or þ^e officers of the kyng, (M) eyther escape or breake prison before he be therof acquit before þ^e Ordinary: that thē all hys goods & cattells, which he had at the day of such arest shal be forfeit to the kyng. And hys landes and tenementes whych hee