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588 [564]

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

tine allowed, approued, and solemnely commended, as appeareth by the Popes Epistle to him, wherein the Pope declareth, how he caused his bookes, Per solennes viros videri, & examinari. That is, by solemne persons to be seene and examined. &c. MarginaliaEither Walden writeth true, or els the pope erreth.So þt you must needes graunt, either this to be true, that Walden writeth: or els that the Pope (tanquam Papa) in allowyng his writynges may erre and be deceaued. Chuse ye (maister Cope) of these two options whether you will take.

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And if ye thinke this my assertion yet not sufficiently rescued with these authorities aboue sayd, I will also hereunto adioyne the testimonie of an other writer named Roger VValle, who writing De gestis Henrici. 5. and speakyng of the sayd statute of this Parliament some thyng more plainly then the rest, hath these wordes: MarginaliaReg. Wallus lib. de gestis Henr. 5. fol. 10.In hoc etiam Parliamento nobilitas regia hostes Christi sibi reputans proditores, volēs dare intelligere vniuersis, quod ipse absq; cuiuscunq; fluctuationis dubio, q̃diu auras hauriret vitales, verus & perfectus Christianæ fidei æmulator existeret: statuit & decreuit, vt quotquot ipsius sectæ, quæ dicitur Lollardorum, inuenirētur æmuli & fautores, eo facto rei proditorij criminis in maiestatē regiam haberētur. &c. In English. Also in this Parliament, the noble kyng reputing Christes enemies, to be traytours to himselfe, to the intent that all men should know without all doubt, that so long as he liued, he would be a true and a perfect folower of Christen fayth: did enact and decree, that whosoeuer should be founde folowers and mainteiners of this sect, which is called the Lollardes sect, Ipso facto, should be counted and reputed giltie of treason agaynst the Kinges maiestie. &c.

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By these hetherto alledged if M. Cope, will not be satisfied, yet let the reader indifferent iudge: Vtrum in hac remagis nugatur Foxus, an Copus calumniatur. And yet more ouer to make the matter more certaine, marke the clamatiō of the sayd Roger Walle, added to the ende of those wordes aboue recited, whereby we haue to vnderstand more clearely, both what were the procedynges of the kyng in the sayd Parliament, & also what was the blind affection of mōkes and Priestes at that time toward their Kyng and Prince MarginaliaK. Henry the 5. called Princeps saterdotum.(which was then called princeps sacerdotum) in condemnyng and destroying the poore Lollardes. The wordes of this Mōke be these:MarginaliaRog. Wallus ibid.Overus amicus, qui amico illa tam iniuriam sibi inferri consimiliter arbitratur, præiudiciū illi intentum reputat esse suum, & ad eius onera conferenda, auxiliationis humeros supponere non veretur. &c. That is: O true friend, who taketh and reckeneth that iniurie no lesse done to himselfe which is done to his frend: and that preiudice whiche is intended agaynst him, reputeth to be as his owne. And to beare together the burdens of his frend, sticketh not to lay to his own shoulders, for the easing and helping of him. &c.

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How can it now be denied (M. Cope) in reading these authors, and seing their testimonies, but that Lollardrie in this Parliament was made both treason and heresie, and had therefore a double iudgement of punishment annexed, to be hanged for the one, and to be burned for the other, accordyng as in my former Latin story I recorded, and yet I trust, I trifled not?

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But you wil say agayne (as ye do) MarginaliaCopus pag. 835. lin. 8.that there is no mētion made for heresie to be made treason, nor of any double punishment to be inflicted for the same. MarginaliaObiection.In the body of the statute (I graunt) there is no expresse mention in wordes of heresie to be made treason, expresly signified in rigour of wordes: but inclusiuely it is so inferred, that it can not be denied. MarginaliaAunswere.For first where landes, goodes and cattell of the said Lollardes were lost and forfet to the kyng, MarginaliaStat. an. 2. Henr. 5. cap. 7.what doth this importe els, but treason or felonie?

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Also where the Lord Cobham (for whose cause specially this statute seemed to be made) did susteine afterwarde both hanging and burning, by the vigor of the same statute: what is here cōteined, but a double penaltie? Agayn where in the beginnyng of the statute mentiō is made of rumours and congregations, and after vpō the same foloweth the seruices of the kyng, 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 assembles, affrayes of the people, armour, routes, & 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. chap. 7? Where the punishement is left to the discretiō of the kyng: or els to the statute an. 15. Richar. chap. 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. chap. 6. MarginaliaVid. stat. an. 5. Ric. 2. cap. 6.where such assembles be made playne treason, in fine statuti.

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And as here is matter of treason sufficiently conteined, so for heresie likewise the same statute referreth them to the ordinaries, and to the lawes, properly to heresie apperteining, as to the statute. an. 2. Henr. 4. cap. 15. MarginaliaVid. stat. an. 2. Hen. 4. cap. 15.where the penaltie is burnyng. Also to the stautute. an. 5. Richar. 2. chap. 5. MarginaliaVid. stat. an. 5. Rich. 2. cap. 5.So that in this present statute here mention is conteined, as ye see, although not in expresse wordes, yet inclusiuely (by referryng to other statutes not repealed) both Lollardry which is punished with burnyng, and forcible entrees which is punished at the kynges pleasure. And thus much concernyng the second vntruth, which M. Cope vntruely noteth in me.

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Marginalia3.
Obiection.
3. The third vntruth which 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 & punishmēt against these men, but onely for hauyng the Scripture bookes. And therfore here is noted in the margent Foxi dolus malus, but let M. Cope take heede, he deceaue not himselfe and other. MarginaliaAunswere.For my part I remember no such place in this my Latine story where I so say. Onely my wordes be these, added in the latter ende of the place aboue recited: VVicleuiani vero dicebantur quicunq; id temporis Scripturas Dei sua lingua lectitarent. &c. That is. They were called Wicleuistes, whosoeuer at that time read the Scripture in English orvulgare toūg. &c. I say not, that for the scriptures being read in the English toūg, therfore the law was enacted, but so is M. Cope disposed to construe it. MarginaliaReading of Scripture bookes contrary to the Romishe fayth made heresie.
Statut. an. 2. Henr. 4. cap. 14. Vide supra pag. 507.
What law & statuts were made agaynst writing or reading of any booke in English or in any other toung cōtrary to the Catholicke (that is þe Romish) fayth, or to the determinatiō of the holy Church (that is of Rome) read I besech thee the bloudy statute made an. 2. Henr. 4. chap. 15. aboue specified pag. 507. MarginaliaThe text of Scripture not to be translated to the vulgare tounge vnder payne of heresie.
Const. prouinc. Tho. Arund. Vid. supra pag. 509.
Also read the constitution prouinciall of Thomas Arundell aboue mentioned, pag. 509. lin. 9 Where it was decreed, that the texte of holy Scripture should not be had or read in the vulgare toūg from the tyme of M. Iohn Wicleffe, for euer after, vnlesse the sayd translation be approued first by the ordinary or by prouinciall councell, vnder payne and punishement of heresie. Now let þe reader iudge whether the readyng of Scripture bookes inthe English toung, by the makyng or translating of Wickleffe, or from the tyme of Wicleffe downeward, be counted heresie not. As for the approuyng of the ordinary or of the prouinciall councell added in the end of the sayd constitution, maketh more for a shew or pretence, then for any iust exception, or any true intentiō. For what mā hauing those Scriptures trāslated in English, would either present them 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 did the good Martyrs of Amersam suffer death, in the begynnyng of kyng Henry the viij. for hauyng and readyng certaine bookes of Scripture, which were (as is sayd) onely foure Epistles of S. Paul, with certaine other prayers. MarginaliaChildren of Amersham caused to set fagots to their fathers.And the other which heard them but onely read, did beare fagoetes, & the same tyme, the children compelled to set fagottes vnto their fathers, at which tyme Longland beyng then Byshop of Lincolne, and preachyng to them at the stake, sayd: that whatsoeuer they were, that did but moue his lippes in readyng those chapters, were damned for euer: as when we come to that tyme, by the grace of Christ, shall hereafter more amply and notoriously appeare. And where then is this Dolus malus Foxi, margined agaynst me, MarginaliaCopus pag. 833. lin. 20.for crafty dealyng in my story?

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Moreouer where M. Cope procedyng farther in this matter, asketh me: how was the Lord Cobham obedient to the kyng, when as for the feare of him, the kyng durst not then keepe his Parliament at London? MarginaliaCopus pag. 836. lin. 13.To whom I aunswere agayne, askyng likewise of M. Cope, how was the kyng then afrayde to hold his Parliament at Londō for the Lord Cobham, when the Lord Cobham at that tyme was in Wales? And here M. Cope, thinkyng to haue me at a narow straite, and to hold me fast, byddeth me tell him, how it could be otherwise, but the Lord Cobham must needes haue fautors. And who should these fautors be (sayth he) but sir Roger Acton, Browne & their folowes. To which mighty question of M. Cope, I aunswere agayne, how can sir Roger Acton, Browne, and their felowes be then fautors of the Lord Cobhā, for whom the kyng durst not hold his Parliament at Londō, when as the sayd Roger Acton, Browne, and the rest were put to death a whole yeare almost before the Parliament at Leycester began?

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And now as I haue hetherto briefly, and truly aunswered to your askynges (M. Cope) let me be so bold with you agayne, to propounde to you likewise an other Question. For somuch as you haue put me to the searchyng of the sta-

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