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574 [550]

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

sations and cruell slaunders.

MarginaliaExample of Nemesion Martyr pag. 62.Nemesion the Egyptian and true Martyr of Christ, was he not first accused to be a felon? And when that could not be proued, he was condemned at the same iudgement for a Christiā;: and therfore beyng cast into bandes, was scourged, by the commanndement of the President, double to the other felons: & at length was burned with the theeues, although he neuer was found theef nor felon vide. pag. 62.

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MarginaliaExample of Cyprian. pag. 70.Agaynst Cypriā in lyke sorte it was slaunderously obiected by Galenus Maximus proconsull: Quod diu sacrilega mente vixerit, & nephariæ sibi conspirationis homines adiunxerit That he had long continued with a mynde full of sacrilege, and that he had gathered vnto him men of wicked conspiracie. page. 70.MarginaliaExample of Iustine the Martyr.

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So Iustinus martyr, what false and criminous accusations suffered he by Crescēs? MarginaliaExample of Cornelius Bish. of Rome pag 66.Cornelius byshop of Rome and Martyr, was accused of Decius quod ad Cyprianū literas daret contra temp. i. That he wrote letters vnto Cypryan agaynst the common wealth vide pag. 66.

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MarginaliaLawes & statutes grounded vpon false causes a gainst the Christians.To consider the lawes and statutes, made by tyrauntes and Emperours in the first persecutions of the primatiue Church, agaynst the innocent seruauntes of Christ, and to compare the same with the lawes and statutes in this latter persecution vnder Antichrist: A man shall finde, that as they agreed all in like crueltie, so was there no great difference in false forgyng of pretensed causes and crimes deuised. MarginaliaThe persecuting statutes in the primitiue church and of the latter church compared.For as then, the Christians were wrongfully accused of the Gentiles for insurrections and rebellions agaynst the Emperours and Empire, for beyng enemyes to all mankynde, for murdering of infātes, for worshyppyng the sunne (because they prayed toward the East) for worshypping also the head of an Asse, &c. vide. pag. 55. 37. vpon the rumors whereof, diuers and sundry lawes and statutes were enacted, some engrauen in brasse, some otherwise wrote, agaynst them: So in this foresayd statute, an. 2. Henr. 5. cap. 7. also, an. 2. Hēr. 4. cap. 15. and in such other statutes or inditemētes made and conceaued agaynst the Lolardes: the case is not so straūge but it may credibly be supposed, that the makyng therof did rise rather vpon malice & hatred agaynst their religion conceaued, then vpon any iust cause ministred of their partes, whom they did wrongfully charge and 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. 37. And also the like feare & hatred styrred vp other Emperours, and the Senate of Rome, to procede with persecuting lawes agaynst the Christian flocke of Christ. Euseb. Lib. 5. cap. 21. wherupō, rose vp those malitious slaunders, false surmises, infamous lyes, and 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. 37.vide. pag. 37.

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Not vnlike also it may seeme, that the Pope with his Prelates fearyng and misdoubtyng least the procedyng of the Gospell preached by these persons should ouerthrow the state of their maiestie: Did therfore by sinister accusations, inflame the hartes of Princes agaynst them, & vnder some colour couert, to shadow their cloked hatred, diuised these & other lyke crimes which were not true, but which myght cleanely serue their purpose.

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MarginaliaThe matter debated by recordes, whether the L. Cobham, and sir Roger Actō were traytours or not.This hetherto haue I sayd as in a generall summe, aūsweryng to the preamble of the foresayd statute, for the defense of Syr Iohn Oldcastle, and Syr Roger Acton and other, not as definyng precisely what was or was not (for here I may say with Haule, that as I was not present at the deede doyng, so with him I may also leaue the same at large.) But as one by trasing the foote steppes of the truth, as by all coniectures huntyng out in this matter, what is most like, would but onely say my mynde sine strepitu (as Lawyers say) & sine figura iudicij.

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Now consequently it followeth, that we descend to the speciall pointes and particulars of the foresayd preamble: to consider what therof may be collected, or necessarily is to be iudged, either for profe or disprofe, of this foresayd sir Iohn Oldcastle and his felowes.

Marginalia(A)
Rumors.
Congregations.
Insurrections.
(A) And first, where the prohem of this statute begynneth with rumours, congregations, and insurrections. &c: As it is not like,that if these men had intended any forcible entrees or rebelliō against the kyng, they would haue made any rumours thereof before the deede done: so is it more credibly to be supposed, all these florishes of wordes to be but wordes of course, or of office, and to sauer rather of the rā;knes of the inditers penne, who disposed either per amplificationem rhetoricam to shew his copy, or els per malitiam Papisticā, to aggrauate the crime. And to make mountaines of mollhilles, first of rumours maketh congregations, andfrom congregations riseth vp to insurrections: where as in all these rumours, congregations, and insurrections, yet neuer a blow was geuen, neuer a stroke was strokē, no bloud spilt, no furniture nor instrumēts of warre, no signe of bataile, yea no expresse signification either of any rebellious word, or malitious fact described, neither in recordes, nor yet in any Chronicle. Agayne, if these rumours were words spoken agaynstthe kyng, as callyng hym a tyraūt, an vsurper of the crowne,the Prince of Priests. &c. why then be none of these wordes expressed in their inditementes or left in recordes? Doth M. Cope thinke for a man to be called a traytour, to be enough, to make hym a traytour, vnles some euident profe be brought for him to be so in deede, as he is called? Rumours (sayth he) congregations, and insurrections were made. Rumours are vncertaine: Congregations haue bene and may be among Christen men in daungerous tymes for good purposes, and no treason agaynst their princes ment. The terme of insurrections may be added xxx by practise, or surmise of the Prelates and penne men, who to bryng them the more in hatred of the kyng, might adde this rather of their owne gentlenes, then of the others deseruyng. Certaine it is and vndoubted, that the Prelates in those dayes beyng so mightely inflamed against these Lollardes, were not altogether behind for their partes, nor vtterly idle in this matter, but practised agaynst them what they could, first to bryng them into hatred, and then to death.

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Examples of which kynde of practise among the Popishe Clergy, haue not lacked neither before, nor since. More ouer, if these men had made such a rebellious insurrection agaynst the kyng, as is pretended in the preamble before this statute, which were a matter of hygh treason: How chaunseth then, that the whole body of the statute followyng after the sayd preface or preamble, runneth in all the partes and braunches therof both in maner of arrest, of inditement, informatiō, request, alowaūce of officers, cognisance of ordinaries, of the forefact, &c. vpō cases of heresie & not of treason, as by particular tractatiō shall be (Christ willing) declared.

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MarginaliaInsurrection of the Lollardes agaynst the kyng not lykely.And for somuch as these mē be so greuously accused of Alanus Copus, for congregating and rising against their K. and the whole Pealme, if I had so much laysure to defend, as he hath pleasure to diffame: Here might be demaunded of him, to keepe him some further pley (touchyng this mighty insurrection where as they came in number of xx. thousand agaynst the kyng) in what order of battaile ray they marched, what Captaines, vnder Captaines, and pety Captaines they had to guide the wynges, and to lead the army? whether they were horsemen, or footemen. If they were horsemen (as is pretensed) what ment they then to resorte to the Thicketes neare to S. Gyles field, which was no mete place for horses to styrre? If they were footemen: how standeth that with the author whiche reporteth them to be horsemen? Moreouer is to be demaunded, what insignes or flagges, what shot, what pouder, what armour, weapons, and other furniture of warre: also what treasure of money to wage so many, to the nūber of xx. thousand, what trumpetes, drommes, & other noyse necessary for þt purpose they had. All these preparations for such an enterprise is requisite and necessary to be had. And peraduēture, if truth were well sought, it would be found at length, that in stede of armes and weapon, they were commyng onely with their bookes, and with Beuerlay their preacher into those Thickets. But as I was not there present at the fact (as is before sayd) so haue neither I certeinely to define vpon their case, nor yet M. Cope to exclaime agaynst them, vnles peraduenture he takyng an occasion of the tyme, will thus argue agaynst thē: That because it was the hoate moneth of Ianuary, the 2. day after the Epiphany, therfore it is lyke, that sir Iohn Oldcastle with xx. thousād Lollardes camped together in the fieldes in all the heate of the wether, to destroy the kyng and all the nobles, and to make himselfe Regent of England. ANd why mot as well the kyng, as regent of Englā;d, seyng all the nobles should haue bene destroyed, and he onely left alone to reigne by himselfe?

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Marginalia(B)¶ It followeth more in the preamble of the foresayd statute (B) to adnull, destroy, and subuert the Christen fayth, and the law of God, and holy church. &c. MarginaliaA slaūder of the L. Cobham, that he intended to destroy Christen fayth.He þt was the forger & inuenter of this reporte, (as it appeareth to procede frō the Prelates) seemeth no cunnyng Dædalus, nor halfe hys craftes maister in liyng for the whetstone. Better he might haue learned of Sinon in Virgill, more artificially to haue framed and conueyed his narration. Which although in no case could sound like any truth, yet some coulour of probabilitie should haue bene set vpon it, to geue it some countena*#363;ce of a lyke tale. As if he had first declared þe Lord Cobham to haue bene before in secret cōfederacie with the great

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Turke,