MarginaliaNotes vpon the statute aforesaide.let vs consider the reasons & obiections of this aduersary, who grounding peraduēture vpon þ^e preface or preamble of this foresaid statute: will proue thereby the L. Cobham, and Sir Roger Acton, with the rest of their abettours, to haue bin traitors to their king and their countrey. Wherunto I answere, first in generall, that although the face or preface prefixed before the statute, may shew and decare þ^e cause & occasion originall why the statute was made: MarginaliaPrefaces before statutes not to be regarded in triall of truth.yet the making of the statute importeth no necessary probatiō of the preface alwaies to be true that goeth before, which being but a colour to induce the making therof: geueth no force materiall therunto, nor is any necessary part of þ^e body of the said statute. But onely adhereth as a declaration of the circumstance therof, and sometime is cleane omitted and differeth much from the substance of the same. For as statutes in ciuile policie most commonly do tend to a publike end & are generall: so prefaces before statutes, which most commonly declare the cause or beginning therof, are priuate: and do stand only but vpō particular facts, which either of ill will & displeasure may be suggested, or by colour may be exaggerated, or for feare may be beleeued, at least suspected, as many suspicious do oftimes rise in princes heads, through false surmises, & malicious cōplaints of certaine euill disposed about them, wherby many cruell lawes rising vpon a false ground, are promulgate to þ^e ruine of much innocēt bloud. Example wherof we haue not onely in this present statute MarginaliaStatut. an. 2 Hen. 5. cap. 15.an. 2. Reg. Hen. 5. but also in the like statute, commonly called the statute Ex officio vel de comburendo, made by this kings father and predecessour, an. 2. Henr. 4. cap. 5. MarginaliaThe preface before the statute. De cōburēdo.In the preface of which bloudy statute, is conteined an other like cōplaint of the Prelates & clergie, not so hainous, as also most shamefully false & vntrue against the poore Lollards, as by the wordes of the complaint may appeare., beginning: Excellentissimo & Gratiosis. principi. &c. Wherin, most falsely they slaunder and misreport the true seruaunts of Christ to be Lollardes, heretiques, subuerters of the common wealth, destroiers of the Christian faith, enemies to all good lawes, and to the Church of Christ. The words of which statute proceeding much after þ^e like course as doth this present statute, may easely bewray the vntruth and false surmise therof, if thou please (gentle reader) to marke and conferre the wordes according as they are there to be read and seene, as followeth: MarginaliaEx vetustis instrumētis.Conuenticulas & confederationes faciunt, scholas tenent & exercent, libros conficiunt atque scribunt, populum nequiter instruunt & informant, & ad seditionem seu insurrectionem excitant, quantum possunt, & magnas dissentionès in populo faciunt, & alia diuersa enormia auditui horrenda in dies perpetrant, in fidei cathol & ecclesiæ subuersionem, diuinique cultus diminutionem, ac etiam destructionem status, iurium, & libertatum dictæ ecclesiæ Anglic. And after a few words: Ad omnem iuris, & rationis ordinem atque regimen, penitus destruendum. &c. MarginaliaFalse accusatiō no newes in Christes church.He that is or shall be acquainted with old hystories, and with the vsuall practises of Sathan the old enemie of Chrst, from the first beginning of the primitiue Church vnto this present time, shall see this to be no newes, but a common and (as ye would say) a quotidian feuer among Christes children, to be vexed with false accusations, and cruell slaunders.

NemesionMarginaliaExample of Nemesion Martir. pag. 62. 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 condēned at the same iudgemēt for a Christiā: and therfore being cast into bands, was scourged, by the commaundement of the President double to the other felons: & at length was burned with þ^e theeues, although he neuer was found theef nor felon vide page. 62.Against Cyprian in like sort it was slaunderously obiected by Galenus Maximus proconsull: Quòd diu sacrilega mente vixerit, & nephariæ sibi conspirationis homines adiunxerit. MarginaliaExample of Cyprian. pag. 69.That he had long continued with a minde full of sacrilege, and that he had gathered vnto him men of wicked conspiracie, page. 69.

So Iustinus martyr,MarginaliaExample of Iustine the Martyr. what false and criminous accusations suffered he by Crescens? Cornelius Byshop of Rome and Martyr,MarginaliaExample of Cornelius Bish. of Rōe pag. 65. was accused of Decius, quòd ad Cyprianum literas daret contra remp i. That he wrote letters vnto Cyprian against the common wealth vide page. 65.

To consider the lawes and statutes,MarginaliaLawes and statutes grounded vpō false causes against the Christians. made by tyrauntes and Emperours in the first persecutions of the primatiue Church, against the innocent seruaunts of Christ, and to compare the same with the lawes and statutes in this latter persecution vnder Antichrist: A man shall find, that as they agreed all in like crueltie, so was there no great difference in false forging of pretensed causes and crimes deuised. For as then, the Christians were wrongfully accused of the Gentiles for insurrections & rebellions against the Emperours and Empire, for beeing enemies to all man-MarginaliaThe persecuting statutes in the primitiue church and of the latter church cōpared.kind, for murdering of infāts, for worshipping the sunne (because they praied toward the East) for worshipping also the head of an Asse, &c. vide pag. 54. 36. vpon the rumors wherof, diuers and sundry lawes and statutes were enacted, some engrauen in brasse, some otherwise wrote, against them: So in this foresaid statute. an. 2. Henr. cap. 5 also, an. 2. Henr. 4. cap. 15. and in such other statutes or inditements made and conceiued against the Lolards: the case is not so strange but it may credibly be supposed, that the making therof did rise rather vpō malice & hatred against their religion conceaued, then vpon any iust cause ministred of their partes, whome they did wrongfully charge & accuse. Like as in time of Domitianus, for feare of Dauids stocke, all the newphews of Iude the Lords brother in flesh, were accused to the Emperour, page. 48. MarginaliaFeare & hatred causers of persecution.And also the like feare & hatred stirred vp other Emperours, and the Senate of Rome, to proceed with persecuting lawes against the Christian flocke of Christ. Euseb. Lib. 5. cap. 21. whereupon, rose vp those malitious slaunders, false surmises, infamous lies, and wrongfull accusations against the Christians: so that what crimes soeuer either malice could inuent, or rash suspition could minister, that was imputed against them, MarginaliaVide supra. pag. 48.vide page 48.

Not vnlike also it may seeme, that the Pope with hys Prelates fearing and misdoubting least the prodeding of the Gospell preached by these persons should ouerthrowe the state of their maiestie: Did therfore by sinister accusations, inflame the harts of Princes against them, and vnder some colour couert, to shadow their cloked hatred, deuised these and other like crimes which were not true, but which mighty cleanely serue their purpose.

MarginaliaThe matter debated by recordes, whether the L. Cobham and sir Roger Acton were traytors or not.This hetherto haue I said as in a generall summe answering to the preamble of the foresayd statute, for the defence of Sir Iohn Oldcastle, and Sir Roger Acton, and other, not as defining precisely what was or was not (for here I may say with Haule, that as I was not present at the deed doing, so with him I may also leaue the same at large.) But as one by trasing the footesteps of the truth, as by all coniectures hunting out in this matter, what is most like, would but onely say my mynde sine strepitu (as Lawyers say) & sine figura iudicij.

Now consequently it followeth, that we descend to the speciall points and particulars of the foresaid preamble: to consider what thereof may be collected, or necessarily is to be iudged, either for profe is disprofe, of this foresaide Sir Iohn Oldcastle and his felowes.

¶ (A)Marginalia(A) And first, where the proheme of this statute beginneth with MarginaliaRumors. Congregations. Insurrections.rumours, congregatiōs, and insurrections, &c. As it is not like, that if these men had intended any forcible entrees or rebelliō against þ^e king, they would haue made any rumours therof before the deed done: so is it more credibly to be supposed, all these florishes of words to be but words of course, or of office, and to sauer rather of the rāknes of the inditers penne, who disposed either per amplificationem rhetoricam to shew his copy, or els per malitiam Papisticam, to aggrauate þ^e crime. And to make mountains of mollhilles, first of rumours maketh congregations, & from congregations riseth vp to insurrections: where as in all these rumours, congregations, & insurrections, yet neuer a blow was geuen, neuer a stroke was stroken, no bloud spilt, no furniture nor instruments of war, no signe of battaile, yea no expresse signification either of any rebellious word, or malitious fact described, neither in records, nor yet in any Chronicle. Againe, if these rumours were words spoken against the king, as calling him a tirant, an vsurper of the crowne, the Princes of Priestes, &c. why then be none of these words expressed in their inditements, or left in records? Doth M. Cope thinke for a man to be called a traitour, to be enough, to make him a traytour, vnlesse some euident profe be brought for him to bee so in deed, as he is called? Rumours (sayth he) congregations, and insurrections were made. Rumours are vncertaine: Congregations haue bene and may bee among Christen men in dangerous times for good purposes, and no treason against their princes ment. The terme of insurrections may be added εκτου περισσου by practise, or surmise of the Prelates and pen men, who to bring them the more in hatred of the king, might adde this rather of their owne gentlenes, then of the others deseruing. Certayne it is and vndoubted, that the Prelates in those dayes being so mightely inflamed against these Lollards, were not altogether behind for their parts, nor vtterly idle in this matter, but practised against them what they could, first to bring them into hatred, and then to death.

Examples of which kinde of practise among the Popish Cleargy, haue not lacked neither before, nor since. Moreouer, if these men had made such a rebellious insur-