tutes in this matter, wherewith before I was not much acquainted: now out of the same statutes riseth a doubtfull scruple or a questiō, worthy to solued. The case is this, þ^t, for asmuch as so many good Martyrs and Saintes of God hetherto in this Realme of England, haue bene burned, frō the tyme of K. Henry 4. Hen. 5. Hē. 6. Henry 8. to the tyme and in the tyme of Queene Mary, my question is that you with all your learned coūcell about you will tell me, by what law or statute of the realme were these men brent? I know the auncient custome hath bene, that heretickes conuicted by a prouinciall councell were wont to be left to the seculare power. But how wil ye proue me, these heretickes were either conuicte by such prouinciall councell, or that these seculare men ought to be your butchers in burnyng them, whō 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 the reigne of king Hēry the viij. those Articles neither did serue beforethe tyme of kyng Henry viij. neither yet were they reuiued after his tyme. If ye alledge the statute made, an. 5. Richar. 2. chap. 5 MarginaliaStatut. an. 5. Rich. 2. cap. 5.In that statute (I aunswere) is cōteined no matter of burnyng, but onely of arrest to be done at the certifications of the prelates, without any further punishment there mentioned. MarginaliaStatut. de comburendo. an. 2. Henr. 4. ca. 15. Vid. supra. pag. 507.To conclude, if ye alledge the statute made an. 2. Henr. 4. cap. 15. and reuiued in the reigne of Queene Mary, mētioned before pag. 5.07 To that statute I aūswere, that although that pretensed statute appeareth in forme of wordes in the Printed booke to geue vnto the temporall officers authoritie to bryng them to the stake, and to burne them, whom the Byshop deliuereth: MarginaliaStatut. an. 2. Henr. 4. de comburendo, proued not sufficient, to burne any man.Yet is it not to be proued, either by you, or any other, that statute to be law or warrant sufficient to burne any person or persons committed to the secular power by the Clergy. And that I proue thus, for although the same statute of kyng Henry the fourth in the bookes Printed, appeare to haue law and authoritie sufficient, by the full assent both of the king, of the Lordes, and of the commons: yet beyng occasioned by M. Cope to search further in þ^e statutes, I haue founde that in the Rolles and first originals of that Parliament, there is no such mention either of any petition, or els of any assent of the commons annexed or conteined in that statute, accordyng as in the Printed bookes usuall in the Lawyers handes is craftely and falsely foysted in, as by the playne wordes therof may well appeare.

For where the sayd statute an. 2. Henr. 4. cap 15. beyng thus intitled in the Rolles: Petitio 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. Hen. 4. cap. 15. falsely corrupted.QVas quidem petitiones prælatorum & cleri superius expressatas do. noster Rex, de consensu magnatum & aliorum procerū regni sui, in præsenti Parliamento existentium concessit, & in omnibus & singulis iuxta formam & effectum eorundem ordinauit & statuit de cætero firmiter obseruari. and so forth accordyng to the petition & 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 the Prelates and Clergy) prelati & clerus supradicti ac etiam communitates dicti Regni in eodem Parliamēto existen dicto Domino Regi supplicarūt. &c. Qui quidem Dominus Rex. &c. ex assensu magnatum & aliorum procerū eiusdem Regni &c. concessit ordinauit.&c. These woordes Ac etiam communitates dicti Regni. &c. are put in further then the Rolle doth warrant, and seemeth to be the practise of the Clergy, to make that as an Acte of Parliament, and to seeme 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 how this foresayd statute, Printed both in English and in Latin among the prouinciall councels of Oxford (by the vertue wherof so many good men 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 assent of the commons. Which 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 declaimyng agaynst the Lord Cobham.

Moreouer vnto this statute aforesayd, ioyne also with all an other Memorandum 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 þ^e parliamēt. an. 5. Rich. 2. chap. 5. agaynst certaine preachers specified in the same statute, which goyng about in certaine habites from place to place, did draw the people to heare their sermons: And commissions were made & directed in þ^e sayd parliament to the Shriffes, to arest all such preachers, and to imprison the same, at the certifications of þ^e prelates. Here is then to be noted, that the same statute. an. 5. Ric. 2. cap. 5. was reuoked by the king in the parliament. an 6. Ric. 2. vpō the wordes of the commons beyng these: videl. Forasmuch as the same statute was neuer assented, ne graunted by the commons, but that which therin was done, was done without their assēt, and now ought to be vndone: for that it was neuer their meaning to be iustified, and to bynd themselues and theyr successors to the Prelates, no more, then their ancetors had done before them. Ex Rotul. MarginaliaEx Rotul. parlam.And yet this foresayd reuocation notwithstanding, in Quene Maries tyme, they inquired vpon that statute.

In searching of these statutes, as you haue occasioned me to find out these scruples: so beyng found out, I thoght here not to dissemble them, for so much as I see and heare many now a dayes so boldly to beare themselues vpon this statute, and thinkyng so to excuse thēselues do say, that they haue done nothing, but the law the law: MarginaliaThe persecutors in burning Gods people haue done agaynst the lawe.to the intent that these men seyg now how inexcusable they be both before God and man, hauing no law to beare them out, may the soner repent their bloudy and vnlawfull tiranny, exercised so long agaynst gods true seruaunts, yet in tyme before that the iust law of God shall find out their vniust dealinges, which partly he beginneth already to do, and more no doubt will do hereafter.

MarginaliaA necessary admonition to the Commons of England.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 Parliament: that they beyng admonished by this abuse, will shew themselues hereafter more wyse & circumspect, both what they agree vnto in Parliamentes, and also what cōmeth out in their name. And as these good Commons in thys tyme of king Henry 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. Hen. 4. agaynst the Lollardes, they neyther consented to this, and also ouerthrew the other: So in lyke maner it is to be wished, that the Commons in this our tyme, or such other that shal haue to do in parlamētes hereafter, folowyng the steppes of those former tymes, wyll take vigilant hede to such cruell bils of the Popes prelacy, beyng put vp, that neither their consent do passe rashly: nor that their names in any condition be so abused. Considering with themselues, that a thyng once beyng passed in the parliament, cannot afterward be called backe: And a litle inconuenience once admitted, may grow afterward to mischieues that cannot be stopped. And sometyme it may so happen, that through rash consent of voyces, the end of things beyng not well aduised, such a thyng may be graunted in one day, that afterward many dayes may cause the whole realme to rue. But I trust men are bitten enough with such blacke parliamentes to beware of after claps. The Lord Iesus onely protector of his church, stop all crafty deuises of subtile enemies, and with his wisedome direct our Parliamentes, as may be most to the aduauncing of his word, and comfort of hys people. Amen.

And thus much hauyng sayd for the defence of the lord Cobham, of sir Roger Acton knight, maister I. Browne Esquier, Iohn Beuerley preacher, and of other their fellowes agaynst Alanus Copus Anglus, here I make an end with this present Interim, till further laisure serue me hereafter (Christ willing) to pay hym þ^e whole Interest which I owe vnto hym. Addyng this in the meane tyme, and by the way: that if Maister Cope had bene a Momus any thyng reasonable, he had no great cause so to wrangle with me, in this matter, who as I did commend the Lord Cobham and that worthely, for hys valiaunt standyng by the truth of his doctrine before Thomas Arundell the Archbishop, so touchyng the matter of this conspiracy, I dyd not affirme or define any thyng therof in my former history so precisely, that he could well take any vauntage of agaynst me: MarginaliaProposition disiunctiue.who in writyng of this conspiracy layd against sir Roger Acton, and Sir Iohn Oldcastle, do but disiunctiuely or doubtfully speake therof, not concludyng certainly this conspiracy eyther to be true or not true, but onely prouyng the same not to be true at that tyme, as Polydore Virgill, and Edward Hall, in their histories do affirme: which say that this conspiracie beganne after the burnyng of Iohn Husse, and Hierome of Prage. Which could not bee. And therto tendeth my assertion. MarginaliaLib. Actes & Monu. pag. 174. col. 2. lin. 13.My woordes are playne, and are these, pag. 174. col. 2. lin. 13. Wherefore it is euident that there was eyther no conspiracy at all agaynst the kyng: or els that it was at some other tyme, or done by other Captaynes. &c.