had the same day, be seized also into the kyngs hands, and that the kyng haue the profites thereof frō the same daye, vntill he render hym self to the sayd pryson, frō whence he escaped. And that the aforesayd Iustices haue full power to inquire of all such escapes and breakyng of prisons, and also of the landes, tenementes, goods and cattels of such persons indighted. Prouided, that if any such person indighted, do not returne vnto the sayde pryson, and dieth (not beyng conuict) that then it shall be lawfull for hys heyres, to enter into the landes and tenementes of hys or theyr auncester without any other sute made vnto the king for thys cause. And that all those whych haue liberties or fraunchesies royall in Englande, as the countye of Chester, the countye and libertye of Duram and other lyke: And also all the Lordes whyche haue iurisdictions and franchises royall in Wales where the kynges wrytes do not run, haue lyke power to execute and put in execution in all poyntes, these articles by them or by theyr officers in lyke maner, as doo the Iustices and other the kynges officers aboue declared.

MarginaliaNotes vpō the statute aforesayd.Thus hauing recited the wordes of the statute, now let vs consider the reasons and obiections of this aduersarie, who grounding peraduenture vpon þ^e preface or preamble of this foresayd statute: will proue therby, the L. Cobham, & Syr Roger Acton, with the rest of their abettours, to haue been traitors to their king & their coūtrey. Wherunto I aunswere, first in generall that although þ^e face or preface prefixed before þ^e statute, may shew & declare the cause & occasion originall why the statute was made: yet the makyng of the statute importeth no necessary probation of the preface alwayes to be true þ^t goeth before, whiche beyng but a colour to induce the makyng therof, geueth no force materiall therunto, nor is any necessary part of the body of the sayd statute. But only adhereth as a declaration of the circumstance therof, and somtyme is cleane omitted & differeth much frō the substaunce of þ^e same. For as statutes in ciuile policie most commonly do tende to a publike end and are generall: MarginaliaPrefaces before statutes not to be regarded in triall of truth.so prefaces before statutes, which most commonly declare þ^e cause or beginning therof, are priuate: & do stand only but vpon particular factes, which either of ill will & displeasure may be suggested, or by colour may be exaggerated, or for feare may bee beleued at least suspected, as many suspicions doo ofttymes ryse in princes heades, through false surmises, and malitious cōplaintes of certeine euill disposed about them, whereby many cruell lawes rising vpon a false ground, are promulgate to the ruine of much innocent bloud. MarginaliaStatut. an. 2. Hen. 4. cap. 15.Example whereof wee haue not onely in this present statute, an. 2 Reg. Henr. 5. but also in the like statute, commonly called the statute Ex officio vel de comburendo, made by this kynges father and predicessour, an. 2. Henr. 4. cap. 15. MarginaliaThe preface before the statute, De comburendo.In the preface of whiche bloudy statute, is conteined an other like complainte of the prelates and clergy, not so heynous, as also most shamefully false and vntrue agaynst the poore Lollardes, as by the wordes of the complaint may appeare begynnyng. Excellentissimo & Gratiosis. principi. &c. Wherin, most falsely they slaunder and misreporte the true seruauntes of Christ, to be Lollardes, hereticques, subuerters of the cōmon wealth, destroyers of the Christian fayth, enemies to all good lawes, & to the church of Christ. The words of which statute proceding much after the like course as doth this present statute, may easely bewray the vntruth and false surmise thereof, if thou please (gentle reader) to marke and conferre the wordes accordyngly as they are there to bee read and seen, as foloweth: MarginaliaEx vetustis instrumentis.Conuenticulas & confederationes faciunt, scholas tenent & exercent, libros conficiunt atq̀; scribunt, populum nequiter instruunt & informant, & ad seditionem seu insurrectionem excitant, quantum possunt, & magnas dissentiones in populo faciunt, & alia diuersa enormia auditur horrenda in dies perpetrant, in fidei cathol. & ecclesiæ subuersionem, diuiniq̀; cultus diminutionem, ac etiam destructionem status, iurium, & libertatum dictæ ecclesiæ Anglic. And after a few wordes: Ad omnem iuris, & rationis ordinē atq̀; regimen, penitus destruendum &c He that is or shalbe aquaynted with olde historyes, and with the vsuall practises of Sathan the old enemy of Christ, fromthe first begynnyng of the primitiue churche vnto this present time, MarginaliaFalse accusatiō no newes in Christes churchshall see this to be no newes, but a common and (as ye would say) a quotidian feuer among Christes children, to bee vexed with false accusations, and cruell slaunders.

MarginaliaExample of Nemesion Martir pag. 50.Nemesion the Egyptian and true martyr of Christ, was he not first accused to bee a felon? And when that could not be proued, he was condēned at the same iudgement for a Christian: & therfore beyng cast into bandes, was scourged, by the commanndement of the president, double to the other felones: and at length was burned with the theeues, although he neuer was found thief nor felon vide. pag. 90.

MarginaliaExample of Cypriā. pag. 92.Agaynst Cyprian in lyke sorte it was slaunderously obiected by Galenus Maximus procōsull: Quod diu sacrilega mente vixerit, & nephariæ sibi conspirationis homines adiunxerit That he had long cōtinued with a minde full of sacrilege, and that he had gathered vnto him men of wicked conspiracie. page. 99.MarginaliaExample of Iustine the Martyr.

So Iustinus martyr, what false & criminous accusations suffered he by Crescēs. MarginaliaExample of Cornelius B. of Rom. pag 94.Cornelius bishop of Rome and martyr, was accused of Decius quod ad Cyprianum literas daret contra temp 1. That hee wrote letters vnto Cyprian agaynst the common wealth vide pag. 94.

MarginaliaLawes and statutes grounded vpō false causes agaynst true Christians.To consider the lawes and statutes, made by tyrants and Emperours in the firste persecutions of the primatiue churche, agaynst the innocent seruauntes of Christ, and to compare the same with these lawes and statutes in this latter persecution vnder Antichrist: A man shall finde, that as they agreed all in lyke cruelty, so was there no great difference in false forgyng of pretensed causes and crimes deuised. MarginaliaThe persecutyng statutes in the primitiue church and of the latter churche compared.For as then, the Christians were wrongfully accused of the Gentiles for insurrectiōs and rebellions agaynst the Emperours & Empire, for beyng enemyes to all mankynd, for murdering of infantes, for worshippyng the sunne (because they prayed toward the East) for worshyppyng also the head of an Asse, &c. vide. pag. 81. 64. vpon the rumours whereof, diuers and sondry lawes and statutes were enacted, some engrauen in brasse, some otherwise wrote, agaynst them: So in this foresayd statute, an. 2. Hēr. 5. cap. 7. also, an. 2. Henr. 4. cap. 15. and in such other statutes or inditementes made and conceaued against þ^e Lollardes: the case is not so straūge but it may credibly be supposed, that the makyng therof did ryse rather vpon malice & hatred against theyr religiō cōceaued, thē vpō any iust cause ministred of their partes, whō they did wrōgfully charge & accuse. MarginaliaFeare & hatred, causers of persecution.Like as in tyme of Domitianus, for feare of Dauids stocke, all the nephewes of Iude the Lordes brother in fleshe, were accused to the Emperour, pag. 64. And also the lyke feare and hatred styrred vp other Emperours, and the Senate of Rome, to procede with persecuting lawes agaynst the Christiā flocke of Christ. Euseb. Lib. 5. cap. 21. wherupon, rose vp those malitious slaunders, false surmises, infamous lyes, & wrongfull accusations agaynst the Christians: so that what crimes soeuer either malice could inuente, or rash suspition could minister, that was imputed agaynst them, MarginaliaVide supra pag. 64.vide. pag. 64.

Not vnlyke also it may seme, that the Pope with his prelates fearyng and misdoubtyng least the procedyng of the Gospell preached by these personnes should ouerthrow the state of their maiestie: Did therfore by sinister accusations, inflame the hartes of princes against them, and vnder some colour couert, to shadowe their cloked hatred, diuised these & other lyke crimes which were not true, but whiche might clenly serue their purpose.

MarginaliaThe matter debated by recordes, whether the L. Cobhā, & syr Ro. Acton, were traytours or not.This hetherto haue I said as in a generall summe, answering to þ^e preamble of þ^e foresaid statute, for þ^e defense of Syr Iohn Oldcastle, & sir Roger Acton and other, not as definyng precisely what was or was not (for here I may say with Haul, þ^t as I was not present at the deede doyng, so with hym I may also leaue the same at large)