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718 [718]

K. Henry. 5. Defence of Lord Cobham agaynst Alanus Copus.

MarginaliaRog. Wallus ibid.Overus amicus, qui amico illa tam iniuriam sibi inferri cōsimiliter arbitratur, præiudicium illi intentum reputat esse suum, et ad eius onera conferenda, auxiliationis humeros supponere non veretur. &c. That is: O true friend, who taxeth and reckeneth that iniury no lesse done to himself which is done to his friend: and that preiudice which is intended agaynst him, reputeth to be as his owne. And to beare together the burdens of hys friend, sticketh not to lay to hys own shoulders, for the easing and helpyng of hym. &c.

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How can it now be denied (maister Cope) in reading these autors, and seing their testimonies, but that lollardrie in this parlament was made both treason and heresie, and had therefore a double iudgement of punishment annexed, to be hāged for the one, and to be burned for the other, according as in my former latine storye I recorded, and yet I trust, I trifled not?

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But you wyll say agayne (as ye doo) MarginaliaCopus pag. 835. lin. 8.
Obiection.
that there is no mention made for heresie to be made treason, nor of anye double punishment to bee inflicted for the same. In the body of the statute (I graunt) there is no expresse mētion in wordes of heresie to be made treason, expreslye signified in rigour of wordes: but inclusiuelye it is so inferred, that it cā not be denied. MarginaliaAunswere.For first where lādes, goodes and cattell of the sayd Lollardes were lost and forfet to the kyng, MarginaliaStat. an. 2. Henr. 5. cap. 7.what doth this importe els, but treason or felony?

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Also where the Lord Cobhā (for whose cause specially this statute semed to be made) did susteine afterward both hanging and burnyng, by the vigor of the same statute: what is here cōteined, but a double penaltie? Again where in the begynnyng of the statute mention is made of rumours & congregations, & after vpon the same foloweth the seruices of the king, wherunto the officers be first sworne, should first be preferred, for libertie of holy church, and punishment of heretickes, made before these dayes and not repealed, vide supra pag. 678. what meaneth this, but to make these congregations of the Lollardes, to be forcible entrees, riotes, great ridynges, vnlawfull assēbles, affrayes of the people, armour, routes, and insurrections, and so sendeth them to the former statutes not repealed, that is, MarginaliaVid. Stat. an. 13. Henr. 4. cap. 7.to the statute an. 13. Henr. 4. cap. 7? Where the punishement is left to the discretion of the king: or els to the statute an. 15. Richar. cap. 2. MarginaliaVid. stat. an. 15. Rich. 2. cap. 2.Where the penalite is made fine and ransome: Or els to the statute an. 5. Rich. 2. cap. 6. MarginaliaVid. stat. an. 5. Ric. 2. cap. 6.where such assembles be made plaine treason, in fine statuti.

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And as here is matter of treason sufficiently conteyned, so for heresie lykewise the same statute referreth thē to the ordinaries, & to the lawes, properly to heresie apperteinyng, as to the statute. an. 2. Henr. 4. cap. 15. MarginaliaVid. stat. an. 2. Hēr. 4. cap. 15.where the penaltie is burnyng. Also to the stautute. an. 5. Richar. 2. cap. 5. MarginaliaVid. stat. an. 5. Ric. 2. cap. 5.So that in this present statute here mention is cōteyned, as ye see, although not in expresse wordes, yet inclusiuely (by referryng to other statutes not repealed) both Lollardry whiche is punished with burnyng, and forcible entrees whiche is punished at the kynges pleasure. And thus much cōcernyng the secōd vntruth, which maister Cope vntruely noteth in me.

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Marginalia3.
Obiection.
3. The thyrd vntruth whiche he noteth in me concernyng this matter, is this, wherein he reporteth me, that I say, there was no other cause of deuising this sharpe law and punishement agaynst these men, but onely for hauing the Scripture bookes. And therfore here is noted in the margent Foxi dolus malus, but let maister Cope take hede, he deceaue not him selfe and other. MarginaliaAunswere.For my part I remember no such place in this my Latine storye where I so say. Onely my wordes be these, added in the latter end of the place aboue recited: VVicleuiani vero dicebantur quicūq; id temporis Scripturas Dei sua lingua lectitarent. &c. That is. They were called Wicleuistes, who soeuer at that time read the scripture in English orvulgare tounge. &c. I say not, þt for the Scriptures being read in þe Englishe tongue, therfore the law was enacted, but so is M. Cope disposed to construe it. MarginaliaReadyng of Scripture bookes contrarye to the Romysh fayth made heresie.
Statut. an. 2. Henr. 4. cap. 15. Vide supra pag. 624.
What lawe & statutes were made agaynst writyng or readyng of any booke in English or in any other tongue contrary to the catholicke (that is the Romishe) fayth, or to the determination of the holy church (that is of Rome) read I besech thee the bloudy statute made an. 2. Henr. 4. cap. 15. aboue specified pag. 624. MarginaliaThe text of Scripture not to be translated to the vulgare tounge vnder payne of heresie.
Constit. prouinc. Tho. Arund. Vide supra pag. 627.
Also read the constitutiō prouinciall of Thomas Arundell aboue mentioned, pag. 627. lin. 9 Where it was decreed, that the texte of holy Scripture shoulde not be had or read in the vulgare tongue from the time of maister Iohn Wicleffe, for euer after, vnles the sayd translation be approued first by the ordinary or by prouinciall councell, vnder payne and punishemēt of heresie. Now let the reader iudge whether the readyng of Scripture bookes in þe English tongue, by the making or translatyng of Iohn Wicleffe, or from the tyme of Wicleffe downeward, be counted heresy or not. As for the approuing of the ordinary or of the prouinciall councell added in the ende of the sayd constitution, maketh more for a shew or pretence, then for any iust exception, or any true intention. For what man hauyng those Scriptures translated in Englishe, would either present thē to their ordinaries beyng so set agaynst the readyng of such bookes? or what ordinarie would or did euer yet since Arundels tyme approue any such translation, presented vnto them? Or els why dyd the good Martyrs of Amersam suffer death, in þe beginning of K. Henry the 8. for hauyng & readyng certain bookes of scripture, which were (as is sayd) only iiij. Epistles of S. Paule, with certaine other prayers. MarginaliaChildren of Amersham caused to set fagots to theyr fathers.And þe other which heard them but only read, did beare fagots, & the same time, the children cōpelled to set fagottes vnto their fathers, at which time Longland beyng thē Byshop of Lincolne, and preaching to them at the stake, sayd: that what soeuer they were, that did but moue his lyppes in readyng those chapters, were damned for euer: as when we come to that tyme, by the grace of Christ, shall hereafter more amplye and notoriously appeare. And where then is this Dolus malus Foxi, margined agaynst me, MarginaliaCopus pag. 833. lin. 20.for crafty dealyng in my storie?

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Moreouer where maister Cope procedyng farther in this matter, asketh me: how was þe Lorde Cobham obedient to the kyng, when as for the feare of hym, the kyng durst not then kepe his Parlament at London? MarginaliaCopus pag. 836. lin. 13.To whō I aunswere agayne, askyng likewise of maister Cope, how was the kyng then afrayde to hold his Parlament at London for the Lord Cobham, when the Lord Cobham at that tyme was in Wales? And here maister Cope, thinking to haue me at a narow straite, & to holde me fast, byddeth me tell him, how it could be otherwise, but the L. Cobham must needes haue fautors. And who should these fautors be (sayth hee) but Syr Roger Acton, Browne and their felowes. To whiche mighty question of maister Cope, I aunswere agayne, how can Syr Roger Acton, Browne, and their felowes be then fautors of the Lord Cobham, for whom the king durst not hold his Parlament at London, when as the sayd Roger Acton, Browne, and the rest were put to death a whole yeare almost before the Parlament at Leycester began?

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And now as I haue hetherto briefly, and truely aunswered to your askynges (maister Cope) let me bee so bolde with you agayne, to propounde to you likewise an other Question. For so much as you haue put me to the searching of the statutes in this matter, wherewith before I was not much acquainted: nowe out of the same statutes riseth a doubtfull scruple or a question, worthy to solued. The case is this, that, for as much as so many good Martyrs & sanctes of God hetherto in this realme of England, haue bene burned, from the tyme of kyng Henry 4. Henry 5. Henry 6. Henry 8. to the time and in

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the
Pp.i.