The which mighty question of M. Cope, I answer agayn howe can sir Roger Acton, Browne and their fellowes be then fautors of the Lord Cobham, for whome the King 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 hitherto briefly, and truely aunswered your askinges (M. Cope) let me be so bolde w^t you agayne, to propounde to you likewise an other question, For so much as you haue put me to the searching of þ^e statutes in this matter, wherewith before I was not muche acquainted: now out of the same statutes riseth a doubtfull scruple or questiō, worthy to be solued. The cause is this, þ^t for asmuch as so many good martyrs and Saints of God hetherto in this realme of England, haue bene burned frō the time of king Henry 4. Hen. 5. Hen. 6. Hen. 8. to þ^e time and in the time of Queene Mary, my question is that you w^t all your learned counsell about you wil tel 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 secular power. But how wil ye proue me, these hereticks were either conuict by such prouinciall councell, or that these seculare men ought to be your butchers in burning them, whō ye haue committed to them? If ye alledge the vi. ArticlesMarginaliaStatute of the 6. articles in the time of K. Henry. 8. made in the reigne of king Henry the 8. those articles neither did serue before the time of king Hēry the viii. neither yet were they reuiued after his time. If ye alledge to þ^e statute made. MarginaliaStatut. an. 5. Rich. 2. cap. 5.an. 5. Richar. 2. cap. 5. In that statute (I aunswere) is conteined no matter of burning, but onely of arrest to be done at the certificatiōs of the prelates, w^tout any further punishmēt there mentioned. To conclude, if ye alledge the statute made. Marginalia

Statut. de comburendo. an. 2. Hen. 4. ca. 15.

Vide supra pag. 507.

an. 2. Henr. 4. chap. 15. and reuiued in the reigne of Queene Mary, mentioned before pag. 523 To that statute I answere, that although þ^t pretensed statute appeareth in forme of wordes in the Printed book to geue vnto the temporall officers authoritie to bring them to the stake, and to burne them, whom the Bishop 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 anye person or persons committed to the seculare power by the Clergy. And that I proue thus, for although the same statute of king Henry the fourth in the bookes printed, appeare to haue law and authority sufficient, by the ful assent both of the king, of the Lordes, and of the cōmons: yet being occasioned by M. Cope to search further in þ^e statutes, I haue found that in the Rolles and first originals of that Parliament, there is no such mention either of any petitiō or els of any assent of the commons annexed or contained in that statute, according as in the printed bookes vsual in the Lawyers handes to craftely and falsely foysted in, as by the playne wordes thereof may well appeare.

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For where the said statute. an. 2. Henry. 4. chap. 15. beyng thus intituled in the Rolles: Petitio cleri contra hæreticos, and assented vnto in this forme: hath these wordes.

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 procerum regni sui, in præsenti Parliamento existentium concessit, & in omnibus & singulis iuxta formam & effectum eorundē ordinauit & statuit de cætero firmiter obseruari, and so forth according to the petition: and moe wordes, are there not in þ^e statute Rolle. Wherfore wher as the statute booke printed hath thus: Super quibus quidem nouitatibus & excessibus supereus recitatis (videlicet in the petition of the Prelates & clergy) prælati & clerus supradicti ac etiam communitates dicti Regni in eodem Parliamento existen. dicto Domino Regi supplicarunt. &c. Qui quidem Dominus Rex. &c. ex assensu magnatum & aliorum procerum eiusdem Regni &c. concessit ordinauit. &c. These wordes Ac etiam communitates dicti Regni. &c. are put in further then the Rolle doth warrant, and seemeth to be the practise of the clergie, to make that as an Acte of Parliament, and seeme to haue the force of a law, which was neuer assented vnto by the commons.

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And thus you see howe this foresayd statute,MarginaliaEx constitutionibus prouincialibus oxoniæ celebratis. Ioan. Antho. Printed both in English and in Latine among þ^e Prouincial councels of Oxford (by the vertue whereof so many good men haue bene burned so long in England) doth vtterly ouerthrow it selfe, for that it swerueth from the recorde bothe in forme and in matter, and lacketh the assent of the commons Which doubt I thought at this present to propound vntoyou (mayster Cope) for that you haue so urged me to the searching out of the statutes, by your declayming agaynst the Lord Cobham.

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Moreouer vnto this statute aforesayd, ioyne also with all an other Memorandum of like practise done. MarginaliaVid Stat. an. 5. Ric. 2. cap. 5an. 5. Rich. 2. In the which yeare, where as a statute was concluded þ^e parliament. an. 5. Rich. 2. chap. 5. agaynst certayne preachers specified in þ^e same statute, which going about in certaine habites from place to place, did drawe the people to sermons. And commissions were made and directed in the sayd parliament to the shriues, to arrest all such preachers and to imprison the same, at the certifications of the Prelates. Here is then to be noted, that the same statute an. 5. Rich. 2. cap. 5. was reuoked by the king in the parliament. an 6. Rich. 2 vpon the wordes of the commons being these videl. Forasmuch as the same statute was neuer assented, ne graunted by the commons, but that which therein was done, was done without their assent, and now ought to be vndone, for that it was neuer their meaning to be iustified and to bind themselues and their successors to the prelates no more, then their auncetours had done before them. MarginaliaEx Rotul. Parliam.Ex Rotul. And yet thys foresayd reuocation notwithstanding in Queene Maryes tyme, they inquired vppon that statute.

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MarginaliaThe persecutors in burning Gods people haue done against the lawe.In searching of these statutes, as you haue accasioned me to find out these scruples: so being foūd out, I thought here not to dissemble them, for so muche as I see and heare many now a dayes so boldly to beare themselues vpō this statute, and thinking so to excuse themselues do say, þ^t they haue done nothing but the law the law: to the intent that these men seeing now how inexcusable they be both before God and man hauing no law to beare them out, may þ^e soner repent their bloudy and vnlawfull tyranny, exercised so long agaynst Gods true seruauntes, yet in time before that the iust law of God shall finde out their vniust dealinges, which partly he beginneth already to do, and more no doubt will doe hereafter.

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MarginaliaA necessary admonition to the Commons of England.In the meane tyme this my petition I put vp to the Commous, and to all other which shall hereafter put vp any petition to the Parliamēt: that they being admonished by this abuse, wil shew thēselues heare after more wise & circumspect: both what they agree vnto in Parliamentes, & also what commeth out in their name. And as these good Commons in this time of king Henry 4. would not consent nor agree to this bloudy statute, nor to anye other like For so we read that the Commons in that bloudy time of king Henry 4. when an other like cruell byll was put vp by the Prelates in an. 8. Hen. 4. against the Lollards, they neither consented to this, and also ouerthrow the other: so in like maner it is to be wished, that the commons in this our time, or such other that shall haue to do in parliaments hereafter following the steppes of these former times, will take vigilant heede to such cruell billes of the Popes prelacy, being put vp, that neither their consent do passe rashly: nor that their names in any condition be so abused, Cōsidering with themselues that a thing once being passed in the parliament, cannot afterward be called back: And a litle inconuenience once admitted, may grow afterward to mischiefes that cannot be stopped. And sometime it may so happen that through rashe consent of voices, the ende of thinges being not well aduised, such a thing being graunted in one day, that afterward many dayes may cause the whole realme to rue. But I trust men are bitten enough with suche blacke parliamentes to beware of afterclaps. The Lord Iesus onely protector of his church, stop al crafty deuises of subtile enemies, and with his wisedom direct our Parliamentes, as may be most to the aduauntage of his word, and comfort of hys people. Amen. Amen.

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And thus much hauing sayd for the defence of the Lord Cobhā, of syr Roger Acton knight, maister Iohn Browne Esquier, Iohn Beuerly preacher, and of other their fellowes agaynst Alanus Copus Anglus, here I make an ende with this presēt Interim, till furthur leysure serue me here after (Christ willing) to pay him the whole Interest which I owe vnto him. Adding this in the meane time, and by the way: that if mayster Cope had bene a Momus anye thing reasonable, he had no great cause so to wrangle with me in this matter, who as I did commend the Lord Cobham & that worthyly, for hys valiaūt standing by þ^e truth, of his doctrine before Thomas Arundell the Archbishop so touching the matter of this conspiracie, I did not affirm or define any thing therof in my former historie so precisely that he could well take any vauntage of agaynst me, who in writing of this conspiracy layd agaynst syr Roger Acton, And syr Iohn Oldcastle, do but disiūctiuely or doubtfully speake thereof,MarginaliaProposition disiunctiue. not concluding certainly this conspiracie eyther to be true or not true, but only prouing þ^e same

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