dum legem et consuetudinem Regni nostri Angl. Et ideo vobis mandamus, quod ad certos. &c. quos. &c. quorū. &c ad hoc prouideritis diligentes super premissis fac. inquisitiones et premissa omnia et singula audiatis et terminetis in forma predicta facturi. &c. Saluis . &c. Mandauimus enim vicecomitibus nostris Lond. et Midd. quod ad certos. &c. quos. &c. quorum. &c. eius scire fac. venire facies coram vobis. &c. quorum. &c. tot. &c. de Balliua sua, tam infr. libertates, quam extra per quos. &c. et inquiri. In cuius. &c T. R. apud VVestm. Marginalia(B)(B) x. die Ianuarii. Per ipsum Regem.

By these highe and tragicall wordes in this commission sent downe agaynst the Lord Cobham, Syr Roger Acton and theyr felowes: It may peraduēture seme to þ^e ignoraunt & simple reader, some heynous crime of treason to rest in thē, for conspiring against God, the church, the kyng, and their countrey. But what can not the fetchyng practise of the Romishe Prelates bryng aboute, where they haue once conceaued a malice? Wherefore meruell not (good reader) at this, nor iudge thou, accordyng to the wordes whiche thou hearest. But suspende thy iudgement a while, till the matter be more opened vnto thee. Examples of like handling be not so rare, but þ^u maist soone iudge by other tymes þ^e lyke also of these. MarginaliaExamples of diuers falsely accused for treason.George Egle, of whō mentiō was made before, dyd but preach in time of Q. Mary, & yet cōmissiō was directed agaynst him, as in case of raising vp a cōmotion against the Quene. Adam Damlyp in Calice dyd but preache, and þ^e receauyng of one poore crowne ij. yeares before at Rome, was enough to make him a traytour. In þ^e tyme of king Henry viij. one Cyngleton chaplayn to Q. Anne þ^e Queenes Maiesties mother þ^t now is, did but preach þ^e Gospell, moued by zeale (as I haue credible witnes of his own scholer þ^t hard him speake it being w^t hym) & yet by vertue of Commission it was obiected to him, for raisyng vp commotion agaynst the kyng, yea and also for kyllyng of Pakyngton, and suffered for the same as a traitour. So here, what matter or meruell is it, if the. K. incensed, or rather circumuented by the wrong information of the prelates (whom he beleued) gaue out his commission agaynst thynges neuer wrought nor thought? Wherfore I exhorte the (Christian reader) as I sayd before, iudge not by and by the truth, by the wordes of the Commission: but iudge the woordes rather of the Commission by the truth. Neither measure thou the lyne by the stone: But the stone rather by the lyne. At least yet differ thy sentence, till both the Commission and the inditement beyng layd together, thou maist afterward see and perceaue more, what is to bee iudged in the case. In the meane season, marke well these woordes of the kyng in this Cōmission, Marginalia(A)^(A) Cum nos plenius informemur. &c. By the whiche woordes it is easy to be vnderstand, that the kyng him selfe had no certain knowledge therof, but onely by information of others, (of Byshops no doubt & prelates) and therupon gaue forth his Commission afore sayd. And thē how will this stand with our Chroniclers and other Epitomes, and Summaries whom maister Cope doth alledge. MarginaliaOur Englishe Chroniclers examined by the wordes of thys Commission.For if it be certaine þ^t Robert Fabian sayth, that the kyng him selfe beyng in the field toke certaine of thē, as Syr Roger Acton, maister Browne, and Iohn Beuerlay, and your owne Edwarde Halle, also and your Epitome agreeth to the same, and sayth moreouer that they were brought before the kynges presence. Thomas Couper also whom you alledge, addeth further and sayth, that the kyng there by strength dyd take them. I pray you (maister Cope) what neded þ^e kyng to write this by information, when as he both hym selfe was present at the facte, was the taker of them, and a witnes of the deede? The which and if it be true, that the kyng hard this but by way of information, how will you then defēd your Chronicos, and your Epitomas? But herein I will neither greatly sticke with you, nor contend with them:Desiryng the reader this onely to beare in minde, þ^e date of this present Cōmission, when it was geuē. Marginalia(B)(B) Which soundeth to be the. x. day of Ianuary, and afterwarde to compare the same with the date of the Inditement here vnder folowyng, whiche I will (the Lorde willyng) also hereunto annexe, leauing nothing out: Yea rather ministeryng to the aduersarie all maner of helpes, what so euer they can seke or require, for their most aduauntage in this matter, to be desired. So sure and confidēte I am in the innocēt cause of these good mē, nor fearyng what so euer blind malice can cauill agaynst them.

¶ The Inditement of the Lord Cobham, Sir Roger Acton and others, with Notes folowing after vpon the same.  

Latin/Greek Translations     Close

The Indictment of the Lord Cobham, Sir Roger Acton, and others, with Notes following upon the same.

Foxe text Latin

Parliamenta coronæ coram domino rege ... inquiratur de terra & catallis suis.

Translation

J. Barrie Hall

The parliament of the crown in the presence of the lord king at Westminster in Hilary term, in the first year of the reign of King Henry, the fifth after the Conquest, Roll 7 among the parliaments of the king. Otherwise in the presence of William de Roos, Henry le Scrope, William Crowmere, mayor of the city of London, Hugh Huls and associate justiciars of the lord king, for the enquiring on oath of good and lawful men of the lord king's city of London and the suburbs of the same and of the county of Middlesex both within and without the liberties concerning all and singular treasons and insurrections, rebellions and felonies committed and perpetrated in the aforementioned city, suburbs and county, by very many subjects of the lord king commonly called Lollards, and others in the aforementioned city, suburbs and county, and also concerning all treasons and insurrections, rebellions and felonies committed and perpetrated in the aforementioned city, suburbs and county by whomsoever and in whatsoever way, and to the hearing and determining the same treasons, insurrections, rebellions and felonies according to the law and custom of the realm of the lord king of England, by letters patent of the lord king himself sealed at Westminster (a) on Wednesday next after the Feast of the Epiphany in the first year of the reign of King Henry, the fifth after the Conquest (b), on the oath of twelve sworn men it was presented that John Oldcastle of Couling in the county of Kent and others commonly called Lollards who, contrary to the catholic faith, for long rashly held divers heretical opinions and other manifest errors at variance with catholic law, being able to maintain the aforementioned opinions and errors but by no means to implement them as long as the royal power and both the royal estate of our lord the king and the estate and office of prelatical dignity should persevere in prosperity within the realm of England, falsely and traitorously plotting utterly to destroy both the estate of the realm and the estate and office of the prelates and also the orders of the religious within the aforementioned realm of England, and to kill our lord the king, his brothers, prelates and other magnates of the same realm, and to summon men of religion to abandon their divine worship and religious observances and turn to worldly occupations, and totally to despoil of their relics and other religious goods and utterly raze to the ground both the cathedral churches and other churches and religious houses, (c) and to make John Oldcastle ruler of the same realm and order very many governing posts according to their will within the aforementioned realm (d) as it were a people without a head, to the final destruction both of the catholic faith and clergy and of the estate and majesty of the royal dignity within the same realm, have falsely and traitorously ordained and proposed that when he together with (e) very many unknown rebels of the lord king to the number of twenty thousand men from divers parts of England should arrive in warlike manner (f) they should privily rise up and (g) on the Wednesday next after the Feast of the Epiphany in the aforementioned year of the reign of the aforementioned king in the vill and parish of St Giles without the Bar of the old Temple of London should with one mind gather together there in a certain great field and together stand in opposition for the implementing their nefarious sheme set out in the matter above, on which Wednesday indeed in the aforementioned vill and parish the aforementioned John Oldcastle and others persisting in the traitorous intent of this kind falsely and traitorously proposed and planned the murdering of the aforementioned lord our king, his brothers, namely, Thomas duke of Clarence, John of Lancaster and Humphrey of Lancaster and also the aforementioned prelates and magnates, and also the disinheriting of our lord king himself and his heirs from the aforementioned his realm, and the doing and implementing of all and singular the aforementioned things and very many other evil and intolerable things (i), and there arriving in warlike fashion they rode traitorously contrary to their allegiance in the manner of an insurrection to the aforementioned field to vanquish our lord the aforementioned king, had they not by God's grace been hindered by him with his valiant hand. This indictment indeed the lord king has now for certain causes made to come before him for termination. By which it has been commanded that the sheriff should not omit etc. but that he take the aforementioned John Oldcastle if etc., and saving etc. In such wise that he should present him in person before the king at Westminster on this day, namely, Wednesday next after the octave of St Hilary, this same being the term-day to make reply to the lord king concerning the aforementioned matters etc. On which day and at which place in the presence of the lord king the sheriff returned that the aforementioned John Oldcastle was not found in his bailiwick etc. Because of this it was commanded that the sheriff should have him pursued from county to county until he be outlawed, it not etc. And if etc., he should then take him, and saving etc. In such wise that they should present him in person before the lord king on the octave of St John the Baptist next thereafter following. Wheresoever etc. to make reply to the lord king concerning the treasons and felonies previously charged against him. On which octave of St John the Baptist, in the second year of the reign of King Henry, the fifth after the Conquest, John Sutton and John Michel, sheriffs of Middlesex, in the presence of the lord king returned that in the hundred of Braynford in the county of Middlesex on Thursday next before the Feast of St Barnabas the Apostle, in the second year of King Henry, the fifth after the Conquest. And before the preceding last four sheriffs the aforementioned John Oldcastle was summoned and did not appear. And that before none of the same sheriffs was he outlawed, for which reason let there be enquiry concerning his land and his chattels.

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PArliamēta coronæ coram domino rege apud westm. de termino sancti Hillarij, anno regni Regis Henrici quinti, post conque. primo Rot. vij. inter parliamenta regis. Alias coram VVillielmo Roos de Hamlak, Henrico le Scrop, VVillielmo Crowemere maiore ciuitatis London, Hugone Huls et focijs suis Iustic. domini regis ad inquirend per sacram. proborum et legal. hominum de ciuitate domini regis London. et suburbus eiusdem, ac de com. Midd tam infra libertates, quam extra, de omnibus et singulis proditionibus et insurrectionibus per quam plures subditos domini regis Lollardos vulgarit. nuncupatos, & alios in ciuitate, suburbus. et com predictis factis et perpetratis, nec non de omnibus proditionibus, insurrectionibus, rebellionibus, et feloniis in ciuitate, suburbiis, et com. predictis per quoscunque et qualitercunque factis, siue perpetratis, et ad easdem proditiones, insurrectiones, rebelliones, et felonias audiend. et terminand. secundum legem et consuetudinem regni domini regis Anglie, per litteras ipsius domini Regis patentes, assign. apud westm. die Mercurii Marginalia(A)(A) proximo post festū Epiphaniæ domini anno regni regis Hērici quinti post cōquestū primo, Marginalia(B)(B) per sacram. xii Iur. extitit presentatum: quod Iohannes Oldcastell de Coulyng in com. Kanc. chr. et alii Lollardi vulgar. nuncupat. qui contra fidem catholicam diuersas opiniones hereticas, et alios errores manifestos legi catholicæ repugnātes a diu temerarie tenuerunt, opiniones et errores predictos manutenere, at in facto minime perimplere valentes, quandiu regia potestas et tam status regal. domini nostri regis, quam status et officium prelaciæ dignitatis infra regnum Angl. in prosperitate perseuerarent, falso et proditorie machinando, tam statum regni, quam statum et officium prelatorum, necnon ordines religiosorum infra dictum regnum Angl. penitus adnullare: Ac dominū nostrū regem, fratres suos, prelatos, et alios magnates eiusdē regni interficere, necnon viros religiosos, relict. cult. diuinis et religiosis obseruanciis ad occupationes mundanas prouocare, et tam ecclesias cathedrales, quam alias ecclesias et domos religiosas de reliquis et aliis bonis ecclesiasticis totaliter spoliare ac funditus ad terram prosternere, & dictū Iohannē Oldcastell, Marginalia(C)(C) Regentem eiusdē regni constituere, et quam plura regimina secundum eorum voluntatem infra regnum predictū Marginalia(D)(D) quasi gens sine capite in finalem destructionem, tam fidei catholicæ et cleri quam status et maiestatis dignitatis regal. infra idem regnum ordinare, falso et proditorie ordinauerūt et proposuerūt, quod ipso insimul cum quampluribus rebellibus domini regis Marginalia(E)(E) ignotis ad numerū viginti millium hominū de diuersis partibus regni Angl. modo guerrino ariuat. Marginalia(F)(F) priuatim insurgent. et die Mercurii proximo Marginalia(G)(G) post festū Epiphaniæ domini anno regni regis predicti predicto apud villam et perochiā sancti Egidii Marginalia(H)(H) extra Barram veteris Templi London. in quodam magno campo ibidem vnanimit conuenirent et insimul obuiarent pro nephādo proposito suo in premissis perimplend: quo quidem die Mercurij apud villam et perochiam predictas, predicti Iohānes Oldcastell, et alij in huiusmodi proposito proditorio perseuerantes, predictū dominum nostrum regem, fratres, suos,