cap. 33. to be an escape of one arrested for heresie, where he speaketh of the case of the sayd Lord Cobham.

Moreouer as touchyng the partes of this foresayd statute, how will you ioyne these ii. braunches together, where as in the former part is sayd, that the landes of such persons conuict, shalbe forfait to the kyng not before they be dead: And afterward it foloweth, that their goodes and possessions shalbe forfait at the day of their arrest, to that kyng. But herein standeth no such great doubt nor matter to be weyed. MarginaliaThe first procurers of this statute.This is without all doubt, and notoriously, euidently & most manifestly may appeare, by all the arguments and whole purporte of the statute: that as well þ^e preamble and preface therof, as the whole body of the sayd statute was made, framed, and procured onely by and through the instigation, information, and excitation of the Prelates, and the Popish Clergy, not so much for any treason committed agaynst the kyng: but onely for feare and hatred of Lollardry, tendyng agaynst their law, they more dreded and abhorred, then euer any treason agaynst the Prince. MarginaliaPractise of prelates to couple treason with heresie.And then to set the kyng and all states agaynst them, wherby the more readly to worke their dispatch, they thought it best and none so compendious a policie, as pretely to ioyne trayson together with their Lollardery. Wherin the poore men beyng once intangled, could no wayes escape destruction. Papæ concilium callidum.

This, M. Cope, haue I sayd, and say agayne, not as one absolutely determinyng vpon the matter. At the doing wherof as I was not present my selfe, 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 circumstaunces, to consider with themselues, what is further to be thought in these old accustomed practises and procedyngs of these Prelates. Protestyng moreouer (M. Cope) in this matter to you, that those Chroniclers whiche you so much ground vpon, I take them in this matter, neither as witnesses sufficient nor as Iudges cōpetent. Who as they were not thēselues present at the deede done, no more then I, but onely folowyng vncertaine rumours, and wordes of course and office, bringing with them no certaine triall of that which they do affirme, may therin both be deceaued themselues, and also deceaue you, and other which depend vpon them.

And hetherto concernyng this statute enough. Out of which statute you see (M. Cope) that neither your Chroniclers, nor you can take any great aduaūtage, to proue any treasō in the Lord Cobham or in his felowes, as hath bene hetherto abundauntly declared in the premisses.

It remaineth further, that for asmuch as you in your sixth Dialogue with your author Edward Halle, MarginaliaAlanus Copus pag. 833. lin. 4.do alledge the recordes Ex publica iudicij Acta, to diffame these men for traytours (although what recordes they be, you bring forth neuer a word) I therfore in their defence do aunswere for them, whiche can not now aunswere for themselues. And because you, to accuse them do mention a certaine recorde, and yet do not shew vs what record it is, and peraduenture can not, if ye would: I haue take the paynes therefore, for the loue of them whom you so hate, to search out such Recordes, wherby any occasion can be raysed against them. And first will declare the commission graunted, then the inditement commenced agaynst them.

The which commission, and inditement, albeit in countenaunce of wordes will seeme to minister much suspition agaynst them, to the simple Reader, before he be better acquainted with these subtile dealynges and practises of Prelates: yet trustyng vpon the goodnesse of the cause, whiche I see here so falsely and sleyghtly to be handled, I nothyng feare nor doubt, to produce the same out of the Recordes in Latine as they stand: to the intent that when the crafty handlyng of the aduersaries shalbe disclosed, the true simplicitie of the innocent, to the true harted Reader, shall the more better appeare. The wordes first of the Commission, here folow vnder written: whiche when thou shalt heare, let them not trouble thy mynde, gētle reader, I besech thee, before thou vnderstand further what packyng and subtile conueyance lyeth couered and hyd vnder the same.

¶ In Rotulo patent. de anno primo Henrici 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 agaynst the Lord Cobham.R. Dilectis & fidelibus suis VVillielmo Roos de Hamlak, Henrico le Scrop. VVillielmo Croiomere maiori Ciuitatis sue London. Hugoni Huls, Iohanni Preston, & Ioanni Mertin salutem. Sciatis quod cum nos plenius Marginalia(A)(A) informemur, ac notorie & manifeste dinoscatur, quôd quam plures subditi nostri Lollardi vulgarie nuncupati, ac alij mortem nostram contra ligeancie sue debitum proditorie imaginauerunt, ac quam plura alia, tam in fidei catholice, quam status dominorum & magnatum regni nostri Angl: tam spiritualium quam temporalium destructionem proposuerunt, ac diuersas congregationes, & alia conuenticula illicita pro nephando proposito suo in hac parte per implend. 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 & Hugo, duos esse volumus Iustic. nostros, ad inquirend per sacrum proborum & legal. hominum de ciuitate predicta & suburbiis eiusdem, ac de Com. Midd. tam infr. libertates, quam extr. per quos rei veritas melius sciri poterit de omnibus & singulis proditionibus & insurrectionibus per huius. Lollardos, in ciuitate, suburbiis, & com. predictis factis & perpetratis, nec non de omnimodo proditionibus insurrectionibus, rebellionibus, & feloniis in ciuitate, suburbijs, & com. predictis, per quoscunq̀;, & qualitercunque factis siue perpetratis, & ad easdem proditiones insurrectiones, rebelliones, & felonias audiend, & terminand, secundum legem & consuetudinem Regni nostri Angl. Et ideo vobis mandamus, quod ad certos. &c. quos. &c. quorum. &c ad hoc prouideritis diligentes super premissis fac. inquisitiones & premissa omnia et singula audiatis & 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 Ianuarij. Per ipsum Regem.

By these high and tragicall wordes in this commission sent downe against the Lord Cobham, Sir Roger Acton and their felowes: It may peraduenture seme to the ignoraunt and simple reader, some haynous crime of treasō to rest in them, for conspiring agaynst God, the Church, the king, & their countrey. But what cannot the fetching practise of þ^e Romishe Prelates bring about, where they haue once conceiued a malice? Wherefore meruell not (good reader) at this, nor iudge thou, according to the wordes which thou hearest. But suspend thy iudgemēt a while, till the matter be more opened vnto thee. Examples of like handling be not so rare, but thou mayst soone iudge by other tymes the like also of these. MarginaliaExamples of diuers falsely accused for treasons.George Egle, of whom mention was made before, did but preach in time of Qeene Mary, & yet commissiō was directed against him, as in case of raysing vp a commotion a gaynst the Queene. Adā Damlyp in Calice did but preach, & the receauing of one poore crown 2. yeares before at Rome, was enough to make him a traytour. In the time of K. Hēry 8. one Cingleton chaplayne to Q. Anne, the Queenes Maiesties mother that now is, did but preach the Gospell, moued by zeale (as I haue credible witnes of his owne scholer that heard him speake it being with him) and yet by vertue of Commission it was obiected to him, for raysing vp cōmotion against the king, yea and also for killing of Pakington, and suffered for the same as a traytor. So here, what matter or maruell is it, if the king incensed, or rather circūuented by the wrong information of the prelates (whom he beleued) gaue out his commission agaynste thinges neuer wrought nor thought?.

Wherfore I exhort the (Christian Reader) as I sayd before, iudge not by and by the truth, by the wordes of the Commission: but iudge the wordes rather of the Commission by the truth. Neither measure thou the line by þ^e stone: But the stone rather by the lyne. At lest yet differ thy sentence, till both the Commission and the Inditement beyng layd together, thou mayest afterward see and perceaue more. What is to be iudged in the case.

In the meane season marke well these wordes of the kyng in this Commission, Marginalia(A)(A) Cum nos plenius informemur. &c. By the which wordes it is easie to be vnderstand, that the kyng hymselfe had no certaine knowledge therof, but onely by information of others, (of bishops no doubt and prelates) and therupon gaue forth his Commission aforesayd. And then how will this stand with our Chroniclers and other Epitomes, and Summaries whō Maister Cope doth alledge. MarginaliaOur Englishe Chroniclers examined by the wordes of thys Commission.For if it be certayne that Robert Fabiā sayth, that the kyng himselfe beyng in the field tooke certayne of them, as Sir Roger Acton, maister Browne, and Iohn Beuerlay, & your owne Edw. Halle, also and your Epitome agreeth to the same, and sayth moreouer that they were brought before the kinges presence. Thomas Couper also whō you alledge, addeth further and sayth, that the kyng there by