For where as the preface of the statute standeth onely vpon matter of treason, conceiued by false suggestion and wrong information. The body of the sayd statute whiche should follow vpō the same, runneth onely vpō matter of heresie, pertaining to the Ordinaries, as by euery braūche therof may appeare.

Marginalia(F)The body of the statute an. 2. Reg Hen. 5. cap. 7. examined.(F) For first where he sayeth, at the instaunce & request of the ordinaries or their cōmissaries. &c. Hereby it appeareth, this is to be no cause of treasō, nor felony. For that euery man of duety is boūd, and by the lawes of the Realme may arrest & apprehend a traitour, or a felō, if he cā: where otherwise by this statute an officer is not bound to arrest him which offēdeth in case of this statute, without request made by the ordinaries or their commissaries, and therefore this offence seemeth neither to be treason, nor felonie.

(G)Marginalia(G) Secondly, where it foloweth that the same ordinaries and commissaries doe pay for their costes, &c. This allowance of the officers charges in this sort, proueth this offence neither treason nor felonie.

(H)Marginalia(H) Thirdly, where the statute willeth the king to bee answered of the yeare, day, & wast, &c. By this also is proued the offence not to be treason. Or els in cases of treason, the whole inheritance (I trow, maister Cope, speaking as no great skilfull lawyer) is forfait to the prince.

(I)Marginalia(I)The fourth argument I take out of these words of the statute, where as such lands and tenements which be holden of the ordinaries, are willed wholy to remaine to the king as forfait, &c. Wherby it is manifest, that the Prelates (for their matter of Lollardie onely) were the occasioners and procurers of this statute: and therefore were barred of the benefite of anye forfetrising thereby, as good reason was, they should. And thus it is notorius, that the preface running specially and principally vpon treason, and the statute running altogether vpon points of heresie, do not well cohere nor ioine together.

(K)Marginalia(K) Fiftly, In that such persons indited, shal be deliuered vnto the Ordinaries of the places, &c. It can not bee denied, but that this offence concerneth no maner of treason. For so much as Ordinaries can not be iudges in cases of treason, or felonie, by the lawes of our Realme, Bracton, in fine. 1. Libri.

(L)Marginalia(L) Sixtly, by the inditements prouided not to be taken in euidence, but onely for information, before the Iudges spirituall, &c. it is likewise to be noted: to what end these inditements were taken, to wit, only to informe the ordinaries, which can not be in cases of treason.

(M)Marginalia(M) Lastly, where it foloweth toward the end of þ^e statute, touching escape or breaking of prison, &c. by this it may lightly be smelt, whereto all þ^e purpose of this statute driueth, that is, to the speciall escape of the L. Cobham out of þ^e Tower, to this end to haue his lands & possessiōs forfait vnto the King. And yet the same escape of the Lord Cobham in this statute considered, MarginaliaIustice Stanford of the plees of the crowne. lib. 1. cap. 33.is taken by Maister Iustice Stanford in Lib. primo of the plees of the crowne cap 33. to be an escape of one arrested for heresie, where he speaketh of the case of the Lord Cobham.

Moreouer as touching the partes of this foresaid statute, how will you ioine these two braunches together, where as in the former part is said, that the lands of such persons conuict, shall be forfait to the king, not before they be dead: And afterward it foloweth, that their goodes and possessions shall be forfait at the day of their arrest, to that king. But heerein standeth no such great doubt nor matter to be weied. This is without all doubt, and notoriously, euidently, and most manifestly may appeare, by all the arguments and whole purport of the statute: MarginaliaThe first procurers of this statute.that as well the preamble and preface thereof, as the whole body of the said statute was made, framed, & procured onely by and through the instigation, information, and excitation of the Prelates, & the Popish Cleargie, not so much for any treason committed against the king: but only for feare and hatred of Lollardy, tending against their law, which they more dreded & abhorred, then euer any treasō against the Prince. And then to set the king & all the states against them, whereby the more readily to worke their dispatch, they thought it best and none so compendious a policie, as pretely to ioine treason together with their Lollardry.MarginaliaPractise of prelates to couple treason with heresie. Wherein the poore men beeing once intangled, coulde no wayes escape destruction. Papæ concilium callidum.

This M. Cope, haue I said, and say againe, not as one absolutely determining vpon the matter. At the dooyng 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 circumstances, to consider with themselues, what is further to be thought in these old accustomed practises and procedings of these prelates. Protesting more-ouer (M. Cope) in this matter to you, that those Chroniclers which you so much ground vpon, I take them in this matter, neither as witnesses sufficient, nor as Iudges competent. Who as they were not themselues present at the deed done, no more then I, but onely folowing vncertaine rumours, and words of course and office, bringing with them no certaine triall of that which they do affirme, may therein both be deceiued themselues, and also deceiue you, and other which depend vpon them.

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

It remaineth further, that for asmuch as you in your sixt DialogueMarginaliaAlanus Copus. pag. 833. lin. 4. with your author Edward Halle, do alledge the records Et publica iudicij Acta, to diffame these men for traytours (although what records they be, you bring forth neuer a word) I therefore in their defence do answere 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 what record it is, and peraduēture can not, if ye would: I haue taken the paines therfore, for the loue of them whom you so hate, to search out such Recordes, whereby any occasion can be raised against them. And first will declare the commission granted, then the inditement commensed against them.

The which commission, and inditement, albeit in countenance of words will seeme to minister much suspition against them, to the simple Reader, before he be better acqauinted with these subtile dealings and practises of Prelates: yet trusting vpon the goodnesse of the cause, which I see here so falsely and sleightly to be handled, I nothing feare nor doubt, to produce the same out of the Records in Latine as they stand: to the intent that when the craftie handling of the aduersaries shall be disclosed, the true simplicitie of the innocent, to the true harted Reader, shall the more better appeare. The words first of the Commission, here folow vnder written: which when thou shalt heare, let thē not trouble thy minde, gentle reader, I besech thee, before thou vnderstand further, what packing and subtile conueyance lieth couered and hid 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 against the Lord Cobham.R. Dilectis & fidelibus suis Willielmo Roos de Hamlak, Henrico le Scrop. Willielmo Croiomere maiori Ciuitatis suæ London. Hugoni Huls, Iohanni Preston, & Ioanni Mertin salutem. Sciatis quòd cum nos plenius (A)Marginalia(A) informemur, ac notorie & manifeste dinoscatur, quôd quam plures subditi nostri Lollardi vulgarie nuncupati, ac alij mortem nostram contra ligeanciæ suæ debitum proditorie imaginauerunt, ac quam plura alia, tam in fidei catholicæ, quàm 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 prædictos, iuxta eorum demerita in hac parte castigari & puniri volentes, ac de fidelitate & circumspectione vestris plenius confidentes: assignauimus vos quinque, quatuor, & tres vestrum, quorum vos præfati maior & Hugo, duos esse volumus Iustic. nostros, ad inquirend. per sacrum proborum & legal. hominum de ciuitate prædicta & suburbijs eiusdem, ac de Com. Midd. tam infr. libertates, quam extr. per quos rei veritas melius sciri poterit de omnibus & singulis proditionibus & insurrectionibus per huius modi Lollardos in ciuitate, suburbijs, &c. & com predictis factis & perpetratis, nec non de omnimodo proditionibus insurrectionibns, rebellionibus, & felonijs in ciuitate, surburbijs, & com. prædictis, per quoscunque, & 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 & singula audiatis & terminetis in forma prædicta facturi, &c. Saluis, &c. Mandauimus enim vicecomitibus nostris Lond. & Midd. quod ad certos, &c. quos, &c. quorum, &c. eius scire fac. venire facietis coram vobis, &c. quorum, &c. tot &c. de Balliua sua, tam infr. libertates, quam extra per quos &c. & inquiri. In cuius &c. T. R. apud Westm. (B)Marginalia(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 seeme to the ignorant and simple reader, some hainous crime of treason