aunswered of the the yeare, day, and wast. &c. By this also is proued the offence not to be treason. Or els in cases of treason, the whole inheritaūce (I trow, maister Cope, speaking as no great skilful lawyer) is forfet to þ^e prince.

Marginalia(I)(I) The fourth argument I take out of these wordes of the statute, where as such landes & tenements whiche be holden of the ordinaries, are willed wholy to remaine to the kyng as forfet. &c. Wherby it is manifest, that the prelates (for their matter of Lollardrie onely) were the occasioners and procurers of this statute: and therefore were barred of the benefite of any forfet arrysing therby, as good reason was, they should. And thus it is notorious, that the preface runnyng specially and principally vpon treason, and the statute runnyng altogether vpon pointes of heresie, do not wel cohere nor ioyne together.

Marginalia(K)(K) Fiftly, In that such persons indited, shalbe deliuered vnto the ordinaries of the places. &c. It can not be denied, but that this offence concerneth no maner of treason. For somuch as ordinaries cā not be iudges in cases of treason, or felonie, by the lawes of our realme, Bracton, in fine. 1. Libri.

Marginalia(L)(L) Sixtly, by the inditementes prouided not to be taken in euidence, but onely for information. before the Iudges spirituall. &c. it is lykewise to bee noted: to what end these inditementes were taken, to witte, onely to informe þ^e ordinaries, which can not be in cases of treason.

Marginalia(M)(M) Lastly, where it foloweth toward the end of the statute, touching escape or breaking of prison. &c. by this it may lightlye bee smelte, whereto all the purpose of this statute driueth, that is, to the speciall escape of the Lord Cobham out of the tower, to this ende to haue hys landes and possessions forfait vnto the king. MarginaliaIustice Stamford of the plees of the crowne. li. 2. cap. 33.And yet the same escape of the Lord Cobham in this statute considered, Is takē by maister Iustice Stāford 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 sayd Lord Cobham.

Moreouer as touching the partes of this foresayd statute, howe will you ioyne these ii. braunches together, where as in the former part is sayd: þ^t the landes of such persons cōuict, shalbe forfait to the kyng not before they be dead: And afterward it foloweth, that their goods and possessions shalbe forfeit at the day of their arrest, to the kyng. But herein standeth no such great doubt nor matter to be weyed. MarginaliaThe first procurers of thys statute.This is w^tout all doubt, & notoriously, euidently & most manifestly may appeare, by all the arguments & whole purport of the statute: that as well the preamble and preface therof, as the whole body of þ^e said statute was made, framed, and procured onely by and through the instigation, informacion, and excitation of the prelates, and the Popishe clergy, not so much for any treason committed against the kyng: but onely for feare and hatred of Lollardry, tendyng agaynst theyr law, they more dreded and abhorred, then euer any treason agaynst the prince. MarginaliaPractyse of prelates to couple treason with heresie.And then to set the kyng and all states agaynst them, wherby the more readely to worke their dispatche, they thought it best and none so compendious a policie, as pretely to ioyne treason together with their Lollardry. Wherin the poore men beyng once intangled, could no wayes escape destruction. Papæ concilium callidum.

This, maister Cope, haue I said, and say againe, not as one absolutely determinyng vpon the matter. At the doyng wherof as I was not presēt my self, 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 probabilitie and of due circumstaūcies, to consider with them selues, what is further to be thought in these old accustomed practises and procedyngs of these prelates. Protestyng moreouer (maister Cope) in this matter to you, that those Chroniclers whiche you so much ground vpō, I take them in this matter, neither as witnesses sufficiētnor as Iudges competent. Who as they were not them selues present at the dede done, no more then I, but onely folowyng vncertaine rumours, and wordes of course and office, bringyng with them no certayne triall of that whiche they do affirme, maye therin both bee deceaued them selues, and also deceaue you, & other which depend vpon them.

And hetherto concernyng this statute enough. Out of whiche statute you see (master Cope) that neither your Chroniclers, nor you can take any great aduaūtage, to proue any treason in þ^e Lord Cobhā or in his felowes, as hath been hetherto abundantly declared in the premisses.

It remaineth further, that for asmuch as you in your sixth dialogue with your autor Edward Halle, MarginaliaAlanus Copus pag. 833. lin. 4.do alledge þ^e recordes Ex publica iudicij Acta, to diffame these mē for traitours (although what recordes they be, you bryng forth neuer a worde) I therfore in theyr defence do aunswere for thē, which cā not now answere for thē selues. And because you, to accuse thē do mention a certayn recorde, & yet do not shew vs what recorde it is, & peraduēture can not, if ye would: I haue take the paynes therefore, for the loue of them whō you so hate, to search out such recordes, wherby any occasion cā be raised against thē. And first will declare the commission graunted, then the inditement commenssed agaynst them.

The whiche commission, and inditement, albeit in countenaunce of wordes will seme to minister much suspition agaynst them, to the simple reader, before he bee better acquainted with these subtile dealynges and practises of prelates: yet trustyng vpon the goodnes of the cause, which I see here so falsely & sleyghtly to be hādled, I nothyng feare nor doubt, to produce the same out of the recordes in Latine as they stand: to thentent þ^t when the crafty handlyng of the aduersaries shalbe disclosed, the true simplicitie of the innocent, to þ^e true harted reader, shall the more better appeare. The woordes first of the Commission, here folowe vnder written: which whē thou shalt heare, let them not trouble thy minde, gentle reader, I beseche thee, before thou vnderstand further what packing and subtile cōueyance lyeth couered and hyd vnder the same.

¶ In Rotulo patent. de anno primo Henr. quinti.  

Latin/Greek Translations     Close

The Words of the Commission against Lord Cobham

Foxe text Latin

Rex dilectis et fidelibus ... anno primo Henrici quinti.

Translation

J. Barrie Hall

The king to his beloved and faithful subjects William de Roos, Henry le Scrope, William Crowmere, mayor of his city of London, Hugh Huls, John Preston, and John Martin, greeting. Know ye that, whereas we are more fully informed, and it is notoriously and manifestly known, that very many of our subjects commonly called Lollards, and others, have traitorously plotted our death contrary to the debt of their allegiance, and have proposed very many other things to the destruction both of the catholic faith and the estate of the lords and magnates both spiritual and temporal in our realm of England, and have made divers congregations and other illicit conventicles for the fulfilling of their nefarious scheme in this part to the disinheriting of ourselves and the manifest destruction of our realm: we, wishing that Lollards of this sort and the other aforementioned persons be chastised and punished in this part according to their merits, and trusting more fully in your fidelity and circumspection, have assigned you, five, four and three of you, of whom we wish the aforementioned mayor and Hugh, our justiciars, to be two, to make enquiry on oath of good and loyal men of the aforementioned city and the suburbs of the same, and of the county of Middlesex, both within and without the liberties, through whom the truth of the matter will better be able to be known concerning all and singular treacheries and insurrections committed and perpetrated by Lollards of this sort in the city, suburbs and county aforementioned, and also concerning every kind of treachery and insurrection, rebellion and felony, in the city, suburbs and county aforementioned, by whatsoever persons and in whatsoever manner committed and perpetrated, and to the hearing and terminating of those same treacheries, insurrections, rebellions and felonies according to the law and custom of our realm of England. And therefore we command you that to certain persons etc., whom etc., and of whom etc., you have made provision for this purpose, you make diligent enquiry concerning the above matters, and hear and determine all and singular the above matters, intending to act in the aforementioned form, etc., saving etc. For we have commanded our sheriffs of London and Middlesex that to certain persons etc., whom etc., of whom etc., its knowledge, making to come into your presence, of whom etc., all etc. from their bailiwick, both within and without the liberties, through whom etc., and to be enquired into. In the matter whereof etc., with the king as witness at Westminster (b)on the tenth day of January. By the king himself. In the patent roll of the first year of Henry the fifth.

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MarginaliaThe wordes of Commission against the Lord Cobham.R. Dilectis et fidelibus suis VVillielmo Roos de Hamlak, Henrico le Scrop. VVillielmo Croiomere maiori ciuitatis sue London. Hugoni Huls, Iohanni Preston, & Ioanni Mertin salutē. Sciatis quod cum nos plenius Marginalia(A)^A informemur, ac notorie & manifeste dinoscatur, quôd quam plures subditi nostri Lollardi vulgarie nuncupati, ac alii mortem nostram contra ligeancie sue debitum proditorie imaginauerunt, ac quam plura alia, tam in fidei catholice, quam status dominorum & magnatū regni nostri Angl. tam spiritualium quam temporalium destructionem proposuerunt, ac diuersas congregationes, & alia conuenticula illicita pro nephando proposito suo in hac parte perimplend. fecerunt in nostri exheredationem ac Regni nostri destructionem manifestam: Nos huiusmodi Lollardos ac alios predictos, iuxta eorum demerita in hac parte castigari & puniri volentes, ac de fidelitate et circumspectione vestris plenius confidentes: assignauimus vos quinque, quatuor, & tres vestrum, quorum vos prefati maior et Hugo, duos esse volumus Iustic. nostros, ad inquirend per sacrum proborum & legal. hominū de ciuitate predicta & suburbiis eiusdem, ac de Com. Midd. tam infr. libertates, quam extr. per quos rei veritas melius sciri poterit de omnibus et singulis proditionibus et insurrectionibus per huius. Lollardos in ciuitate, suburbiis, & com. predictis factis & perpetratis, nec non de omnimodo proditionibus insurrectionibus, rebellionibus, & feloniis in ciuitate, suburbiis, et com. predictis, per quoscunq̀;, et qualitercunque factis siue perpetratis, et ad easdem proditiones insurrectiones, rebeliones, & felonias audiend, et terminand, secun-