the tyme of Quene Mary, my question is that you with all your learned coūcell about you will tell me, by what lawe or statute of the realme were these men brent? I knowe the auncient custome hath bene, that heretickes conuicted by a prouinciall councell were wonte to bee left to the seculare power. But howe will ye proue me, these heretickes were either conuicte by such prouinciall councell, or that these seculare men ought to bee your butchers in burnyng them, whom ye haue committed to them? MarginaliaStatute of the vi. articles in the tyme of K. Henry 8.If ye alledge the vi. articles made in þ^e reigne of K. Henry 8 those articles neither did serue before þ^e time of kyng Henry 8. neither yet were they reuiued after his tyme. If ye alledge the statute made, an. 5. Ric. 2. cap. 5 MarginaliaStatut. an. 5. Rich. 2. cap. 5.In that statute (I aunswere) is conteined no matter of burnyng, but onely of arrest to be done at þ^e certifications of þ^e prelates, without any further punishment there mentioned. MarginaliaStatut. de comburendo. an. 2. Henr. 4. ca. 15. Vid. supra. pag. 624.To conclude, if ye alledge the statute made an. 2. Henr. 4. cap. 15. and reuiued in þ^e reigne of Queene Mary, mentioned before pag. 624. To þ^t statute I aunswere, that although that pretensed statute appeareth in forme of wordes in þ^e printed booke to geue vnto the temporall officers authoritie to bring them to the stake, & to burne them, whom þ^e bishop deliuereth: MarginaliaStatut. an. 2. Henr. 4. de comburendo, proued not sufficient, to burne any mā.Yet is it not to be proued, eyther by you, or any other, that statute to be lawe or warrant sufficient to burne any person or persons committed to the secular power by the clergie. And that I proue thus, for although the same statute of K. Henry the 4. in the bookes printed, appeare to haue lawe and authoritie sufficient, by the full assent both of the kyng, of the Lords, and of the commons: yet being occasioned by maister Cope to search further in þ^e statutes, I haue found þ^t in the Rolles and first originalls of that Parliament, there is no such mention eyther of any peticion, or ells of any assent of the commons annexed or conteyned in that statute, according as in the printed bookes nowe commonly vsed, is craftely and falsely foysted in, as by the plaine wordes therof may well appeare.

For where the sayd statute an. 2. Henr. 4. cap 15. being thus intitled in the Rolles: Peticio cleri contra hæreticos, and assented vnto in this forme: hath these wordes.

¶ Statut. an. 2. Henr. 4. cap. 15.  

Latin/Greek Translations     Close

The printed statute, second year of Henry IV

Foxe text Latin

Quas quidem petitiones ... concessit, ordinavit, etc.

Translation

J. Barrie Hall

These petitions of the prelates and the clergy I give printed above. Our king, with the consent of the magnates and other nobles in his realm who were standing in the present parliament, conceded and in all and singular according to the form and effect of the same ordained and decreed that for the rest it be steadfastly observed [...]

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Concerning which novelties and excesses previously rehearsed the aforementioned prelates and clergy and also the commonalty of the aforementioned realm who were standing in the same parliament made supplication to the lord king etc. with the assent of the magnates and other nobles of the same realm etc. conceded and ordained etc.

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Intituled in the rolle thus: Petitio Cleri contra hæreticos, and assented vnto in this forme.

MarginaliaThe printed statute. an. 2. Henr. 4. cap. 15. falsely corrupted.QVas quidem petitiones prælatorum & cleri superius expressatas do. noster Rex, de consensu magnatū & aliorum procerum regni sui, in præsenti Parliamēto existentium concessit, & in omnibus & singulis iuxta formā & effectum eorundem ordinauit & statuit de cætero firmiter obseruari. and so forth accordyng to the petition and mo wordes, are there not in the statute rolle. Wherfore where as the statute booke printed hath thus: Super quibus quidem nouitatibus & excessibus superius recitatis (videlicet in the petition of þ^e prelates & clergye) prelati & clerus supradicti ac etiam cōitates dicti Regni in eodem Parliamento existen dicto domino Regi supplicarunt. &c. Qui quidem dominus Rex. &c. ex assensu magnatum & aliorum procerum eiusdem Regni &c. cōcessit ordinauit. &c. These woordes Ac etiam communitates dicti Regni. &c. are put in further thē the Rolle doth warrant, and semeth to be the practise of þ^e clergye, to make that as an Acte of Parlament, and to seme to haue the force of a law, which was neuer assented vnto by the commons.

MarginaliaEx constitutionibus prouincialibus oxoniæ celebratis. Ioan. Atbon.And thus you see howe this foresayd statute, printed both in English and in Latin among the prouinciall coūcels of Oxford (by the vertue wherof so many good mē haue bene burned so long in England) doth vtterly ouer throw it selfe, for that it swarueth from the recorde both in forme and in matter: and lacketh the assēt of the commons. Whiche doubt I thought at this present to propounde vnto you (Maister Cope) for that you haue so vrged me to the searchyng out of the statutes, by your declaiming against the Lord Cobham.

Moreouer vnto this statute aforesaid, ioyne also with all an other Memorandū of like practise done an. 5. Rich. 2. MarginaliaVid. Stat. an. 5. Ric. 2. cap. 5.In the which yeare, wheras a statute was concluded in the parlament. an. 5. Ric. 2. cap. 5. against certaine preachers specified in the same statute, whiche goyng about in certaine habites from place to place, did draw the people to heare their sermons: And cōmissions were made & directed in the sayd parlamēt to the Shriffes, to arrest all such preachers, and to emprisone the same, at the certifications of the prelates. Here is then to be noted, that the same statute. an. 5. Ric. 2. cap. 5. was reuoked by the kyng in the parlamēt. an 6. Ric. 2. vpon the wordes of the commons being these: videl. For asmuch as the same statute was neuer assēted, ne graunted by the cōmons, but that whiche therin was done, was done without their assent, and now ought to be vndone: for that it was neuer their meaning to be iustified, and to binde them selues & their successours to the Prelates, no more, then their auncitors had done before them. Ex Rotul. MarginaliaEx Rotul. parlam.And yet this foresayd reuocation notwithstandyng, in Queene Maries tyme, they inquired vpon that statute.

In searchyng of these statutes, as you haue occasioned me to finde out these scruples: so being found out, I thought here not to dissemble them, forsomuch as I see & heare many now a daies so boldly to beare thēselues vpon this statute, & thinkyng so to excuse thēselues do say, þ^t they haue done nothing, but þ^e law þ^e law: MarginaliaThe persecutors in burnyng Gods people haue done agaynst the lawe.to þ^e intent þ^t these mē seing now how inexcusable they be both before God & man, hauing no law to beare thē out, may the sooner repent their bloudy and vnlawfull tyrānie, exercised so long against Gods true seruaunts, yet in tyme before that the iuste law of God shall find out their vniust dealynges, which partly hee begynneth already to do, and more no doubt will do hereafter.

MarginaliaA necessary admonition to the Commons of Englād.In the meane tyme this my petition I put vp to the Commons, and to all other which shall hereafter put vp any petition to the Parlament: that they beyng admonished by this abuse, will shewe them selues hereafter more wise and circumspect, both what they agree vnto in Parlamentes, and also what commeth out in theyr name. And as these good Commōs in this tyme of kyng Henry the 4. would not consent nor agree to this bloudy statute, nor to no other lyke: For so we read that the Commons in that bloudy tyme of kyng Henry 4. when an other lyke cruell byll was put vp by the prelates in an. 8. Henr. 4. agaynst the Lollardes, they neither consented to this, & also ouerthrew the other: So in lyke maner it is to be wished, that the Cōmons now in these our latter daies, that shall haue to do in Parlamentes hereafter, folowyng the steppes of those former tymes, will take vigilant hede, to such cruell billes of the Popes prelacie, beyng put vp, that neither their consent do passe rashely: nor that their names in any condition be so abused. Consideryng with them selues, þ^t a thyng once being passed in the Parlament, can not afterwarde bee called backe: And a litle inconuenience once admitted, may grow afterward to mischieues that can not be stopped. And some tyme it may so happen, that through rash cōsent of voyces, the end of thinges beyng not well aduised, such a thyng may be graunted in one day, that afterward many dayes may cause the whole realme to rew. But I trust mē are bytten enough with such black Parlamentes to beware of after clappes. The Lord Iesus onely protectour of his churche, stoppe all crafty deuises of subtile enemyes, & with his wisedome direct our Parlamēts, as may be most to the aduaunsing of his word, and comfort of his people. Amen.

And thus much hauyng sayd for the defence of the Lord Cobham, of Syr Roger Actō knight, maister Iohn Browne Esquier, Iohn Beuerlay preacher, and of other their fellowes agaynst Alanus Copus Anglus, here I make an ende with this present Interim, till further lay