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K. Hen. 5. The inditement of the L. Cobham. Notes vpon the inditement.

to rest in them, for conspiring against God, the Churche, the kyng & their countrey. But what cannot the fetchyng practise of the Romish Prelates bring about, where they haue once conceiued a malice? Wherfore maruel not (good reader) at this, nor iudge thou accordinge to the woordes which thou hearest. But suspēd thy iudgemēt a while, till the matter be more opened vnto thee. Exāples of like hādling be not so rare, but þm maist soone iudge by other tymes the like also of these. MarginaliaExamples of diuers falsely accused for treason.George Egle, of whom mētion was made before, did but preach in time of Queene Mary, and yet cōmissiō was directed against him, as in case of raising vp a cōmotion against þe Queene. Adā Damlip in Calice did but preach, & þe receiuing of one poore crowne 2. yeares before at Rome was inough to make him a traitor. In the time of K. Henry þe 8. one Cingleton chaplein to Queene Anne, the Queenes maiesties mother that now is, did but preach þe Gospel, moued by zeale (as I haue credible witnes of his owne scholer that heard him speake it being wt him) & yet by vertue of cōmission it was obiected to hym: for raysing vp commotion agaynst the kyng, yea and also for killing of Pakington, & suffered for the same as a traytor. So here, what matter or maruell is it, if the kyng incensed, or rather circumuented by the wrong information of the Prelates (whom he beleued) gaue out his cōmission, agaynst thynges neuer wrought nor thought.

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Wherfore I exhort thee (Christian Reader) as I sayd before, iudge not by and by the truth, by the wordes of the Commissiō: but iudge the wordes rather of the Commission by the truth. Neither measure thou the lyne by the stone: But the stone rather by the line. At least yet differ thy sentence, till both the Commission and the Inditemēt beyng layd together, thou mayest afterward see and perceiue more, what is to be iudged in the case.

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In the meane season marke well these wordes of the kyng in this Commission, (A) Marginalia(A) Cum nos plenius informemur &c. By the which wordes it is easie to be vnderstand, that the kyng himselfe had no certaine knowledge thereof, but onely by information of others, (of Byshops no doubt & Prelates) & thereupon gaue forth his Commission aforesayd. And then how will this stand with our Chroniclers & other Epitomes and Summaries whō Maister Cope doth alledge. MarginaliaOur English Chroniclers examined by the wordes of this Commission. For if it be certaine that Robert Fabiā sayth, that the kyng himselfe beyng in the field tooke certayne of them, as Syr Roger Acton, Maister Browne, and Iohn Beuerlay, & your owne Edw. Hall, also & your Epitome agreeth to the same, and sayth moreouer that they were brought before þe kynges presence. Tho. Couper also whō you alledge, addeth further and sayth, that the kyng there by strength dyd take them.

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I pray you (Maister Cope) what needed the kyng to write this by information, when as he both himselfe was present at the fact, was the taker of them, and a witnesse of the deede? The which and if it be true, that the kyng heard this but by way of information, how will you then defend your Chronicos and your Epitomas. But herein I will neither greatly sticke with you, nor contend with them: Desiring thee Reader this onely to beare in mynde the date of this present Commission when it was geuen, (B) Marginalia(B which soundeth to be the x. day of Ianuary, & afterward to compare the same with the date of Inditemēt here vnder followyng, whiche I will (the Lord willyng) also hereunto annexe, leauyng nothyng out: Yea rather ministryng to the aduersary all manner of helpes, whatsoeuer they can seeke or require for their most aduauntage in this matter, to be desired. So sure and confident I am in the innocent cause of these good men not fearing whatsoeuer blind malice can cauill agaynst them.

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¶The Inditement of the Lord Cobham, Syr Roger Acton and others, with notes followyng vpon the same. 
Latin/Greek Translations  *  Close
The Indictment of the Lord Cobham, Sir Roger Acton, and others, with Notes following upon the same.
Foxe text Latin

Parliamenta coronæ coram domino rege ... inquiratur de terra & catallis suis.

Translation

J. Barrie Hall

The parliament of the crown in the presence of the lord king at Westminster in Hilary term, in the first year of the reign of King Henry, the fifth after the Conquest, Roll 7 among the parliaments of the king. Otherwise in the presence of William de Roos, Henry le Scrope, William Crowmere, mayor of the city of London, Hugh Huls and associate justiciars of the lord king, for the enquiring on oath of good and lawful men of the lord king's city of London and the suburbs of the same and of the county of Middlesex both within and without the liberties concerning all and singular treasons and insurrections, rebellions and felonies committed and perpetrated in the aforementioned city, suburbs and county, by very many subjects of the lord king commonly called Lollards, and others in the aforementioned city, suburbs and county, and also concerning all treasons and insurrections, rebellions and felonies committed and perpetrated in the aforementioned city, suburbs and county by whomsoever and in whatsoever way, and to the hearing and determining the same treasons, insurrections, rebellions and felonies according to the law and custom of the realm of the lord king of England, by letters patent of the lord king himself sealed at Westminster (a) on Wednesday next after the Feast of the Epiphany in the first year of the reign of King Henry, the fifth after the Conquest (b), on the oath of twelve sworn men it was presented that John Oldcastle of Couling in the county of Kent and others commonly called Lollards who, contrary to the catholic faith, for long rashly held divers heretical opinions and other manifest errors at variance with catholic law, being able to maintain the aforementioned opinions and errors but by no means to implement them as long as the royal power and both the royal estate of our lord the king and the estate and office of prelatical dignity should persevere in prosperity within the realm of England, falsely and traitorously plotting utterly to destroy both the estate of the realm and the estate and office of the prelates and also the orders of the religious within the aforementioned realm of England, and to kill our lord the king, his brothers, prelates and other magnates of the same realm, and to summon men of religion to abandon their divine worship and religious observances and turn to worldly occupations, and totally to despoil of their relics and other religious goods and utterly raze to the ground both the cathedral churches and other churches and religious houses, (c) and to make John Oldcastle ruler of the same realm and order very many governing posts according to their will within the aforementioned realm (d) as it were a people without a head, to the final destruction both of the catholic faith and clergy and of the estate and majesty of the royal dignity within the same realm, have falsely and traitorously ordained and proposed that when he together with (e) very many unknown rebels of the lord king to the number of twenty thousand men from divers parts of England should arrive in warlike manner (f) they should privily rise up and (g) on the Wednesday next after the Feast of the Epiphany in the aforementioned year of the reign of the aforementioned king in the vill and parish of St Giles without the Bar of the old Temple of London should with one mind gather together there in a certain great field and together stand in opposition for the implementing their nefarious sheme set out in the matter above, on which Wednesday indeed in the aforementioned vill and parish the aforementioned John Oldcastle and others persisting in the traitorous intent of this kind falsely and traitorously proposed and planned the murdering of the aforementioned lord our king, his brothers, namely, Thomas duke of Clarence, John of Lancaster and Humphrey of Lancaster and also the aforementioned prelates and magnates, and also the disinheriting of our lord king himself and his heirs from the aforementioned his realm, and the doing and implementing of all and singular the aforementioned things and very many other evil and intolerable things (i), and there arriving in warlike fashion they rode traitorously contrary to their allegiance in the manner of an insurrection to the aforementioned field to vanquish our lord the aforementioned king, had they not by God's grace been hindered by him with his valiant hand. This indictment indeed the lord king has now for certain causes made to come before him for termination. By which it has been commanded that the sheriff should not omit etc. but that he take the aforementioned John Oldcastle if etc., and saving etc. In such wise that he should present him in person before the king at Westminster on this day, namely, Wednesday next after the octave of St Hilary, this same being the term-day to make reply to the lord king concerning the aforementioned matters etc. On which day and at which place in the presence of the lord king the sheriff returned that the aforementioned John Oldcastle was not found in his bailiwick etc. Because of this it was commanded that the sheriff should have him pursued from county to county until he be outlawed, it not etc. And if etc., he should then take him, and saving etc. In such wise that they should present him in person before the lord king on the octave of St John the Baptist next thereafter following. Wheresoever etc. to make reply to the lord king concerning the treasons and felonies previously charged against him. On which octave of St John the Baptist, in the second year of the reign of King Henry, the fifth after the Conquest, John Sutton and John Michel, sheriffs of Middlesex, in the presence of the lord king returned that in the hundred of Braynford in the county of Middlesex on Thursday next before the Feast of St Barnabas the Apostle, in the second year of King Henry, the fifth after the Conquest. And before the preceding last four sheriffs the aforementioned John Oldcastle was summoned and did not appear. And that before none of the same sheriffs was he outlawed, for which reason let there be enquiry concerning his land and his chattels.

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PArliamēta coronæ corā domino rege apud Westm. de termino sancti Hillarij, anno regni regis Henrici quinti, post cōque. primo Rot. vij. inter parliamēta regis. Alias corā Gulielmo Roos de Hamlak, Henrico le Scrop, Gulielmo Crowmere maiore ciuitatis London, Hugone Huls & socijs Iustic. domini regis, ad inquirend. per sacram. proborū & legal. hominū de ciuitate domini regis Lōdon, & suburbijs eiusdē, ac de Com. Midd. tā infra libertates, quā extra de ōnibus et singulis proditionibus & insurrectionibus, per quāplures subditos domini regis Lollardos vulgarit. nuncupatos, et alios in ciuitate, suburbijs, et com. predictis factis et perpetratis, nec non de ōnibus proditionibus, insurrectionibus, rebellionibus, et felonijs in ciuitate, suburbijs, et com. pred. per quoscunque et qualitercunq; factis, siue perpetratis, et ad easdē proditiones, insurrectiones, rebelliones, et felonias audiend. et terminand. secundū legē et consuetudinē regni domini regisAngliæ, per literas ipsius domini Regis patētes, assign. apud west. die Mercurij (A) Marginalia(A) proximo post festū Epiphaniæ domini āno regni regis Henrici quinti post conquestum primo, (B) Marginalia(B) per sacram. xij. Iur. extitit presentatū: quod Iohamnes Oldcastle de Coulyng in Com. Kanc. chr. et alij Lollardi vulgar. nuncupat. qui cōtra fidē catholicam diuersas opiniones hereticas, et allos errores manifestos legi catholicæ repugnantes a diu temerarie tenuerunt, opiniones et errores prædictos manutenere, at in facto minime perimplere valentes, quandiu regia potestas et tam status regal. domini nostri regis, quā status et officiū prelaciæ dignitatis infra regnū Angl. in prosperitate perseuerarēt, falso et proditorie machinando, tā statum regni, quā statum et officium prælatorū, necnon ordines religiosorū infra dictū regnū Angl. penitus adnullare: Ac dominum nostrū regē, fratres suos, prelatos, et alios magnates eiusdē regni interficere, necnō viros religiosos, relict. cult. diuinis et religiosis obseruancijs ad occupationes mūdanas prouocare, et tā ecclesias cathedrales, quam alias ecclesias et domos religiosas de reliquis et alijs bonis ecclesiasticis totaliter spoliareacfunditus ad terrā prosternere, et dictum Iohānē Oldcastel, (C) Marginalia(C) Regentē eiusdem regni constituere, et quā plura regimina secundū eorum voluntatē infra regnum prædictum (D) Marginalia(D) quasi gens sine capite in finalē destructionē, tamfidei catholicæ et cleri quā status et maiestatis dignitatis regal infra idē regnum ordinare, falso et proditorie ordinauerunt et proposuerunt, quod ipse insimul cū quāpluribus rebellibus domini regis (E) Marginalia(E) ignotis ad numerum viginti millium hominū de diuersis partibus regni Angl. modo guerrino ariuat. (F) Marginalia(F) priuatim insurgent. et die Mercurij proximo (G) Marginalia(G) post festū Epiphaniæ domini anno regni regis predicti predicto apud villā et parochiam sancti Egigij (H) Marginalia(H) extra Barram veteris Templi London. in quodā magno campo ibidem vnanimit. conuenirent et insimul obuiarent pro nephando poposito suo in premissis perimplend. quo quidē die Mercurij apud villā et parochiā predictas predicit I Oldcastel et alij in hmodi proposito pro ditorio perseuerantes, predictum dominū nostrum regem, fratres suos, videlicet, (H) Thomam ducem Clarenciæ, Iohannem de Lancastre, & Humfredum de Lancastre, necnon prelatos & magnates predictos interficere, necnon ipsum dominum nostrum Regem & heredes suos de regno suo predicto exheredare, & premissa omnia & singula, necnon quamplura alia mala & intolerabilia facere & perimplere falso & proditorie proposu erunt & imaginauerunt (I) & ibidē versus campum predictū modo guerrino arriati. proditorie modo insurrectionis contra ligeancias suas equitauerunt ad debellandū dictū Dominum nostrū Regē, nisi per ipsum manu forti gratiose impediti fuissent. Quod quidē inditament Dominus Rex nunc, certis de causis coram eo venire fecit terminandū. Per quod preceptum fuit vic. quod non omitteret, &c. quin caperet prefatum Iohannem Oldcastle, si &c. Et saluo &c. Ita quod haberet corpus eius coram Domino Rege, apud Westmonasteriū ad hunc diē, scilicet die Mercurij proximo post octauas sancti Hillarij isto eodem termino ad respondendū Domino Regi de premissis &c. Ad quos diem & locum, coram domino Rege vic. quod exigi faceret eum de com. in com. quousque vtlagetur si non &c. Et si &c. tunc eum caperet, & saluo &c. Ita quod haberent corpus eius coram Domino Rege in octauas Sancti Iohannis Baptiste ex tunc proximū sequē, vbicunque &c. ad respondendū domino Regi de proditionibus, & felonijs superius sibi impositis. Ad quas octauas sancti Iohannis Baptiste, an. regni R. Henrici quinti post cōquestum secūdo, Iohanne Sutton, & Io. Michell vic. Mid. corā domino Rege returnauerūt quod ad com. Midd. centū apud Braynford die Iouis proximo ante festum S. Barnabæ Apostoli, an. reg. R. Hen. quint. post cōquestū secundo. Et ad quatuor com. ex tunc ex proximo precedentes predictus Iohannes Oldcastle exactus fuit, & non cōparuit. Et quia ad nullū eorundē com. cōparuit. Ideo presentibus coronatoribus com. predicti vtlagat9 fuit, per quod inquiratur de terra & catallis suis.

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¶ Notes or considerations vpon the Inditement and Commission aboue prefixed.

(A) Marginalia(A) Die Mercurij proximo post festū Epiphaniæ. &c. MarginaliaThe first note concerning the date and day both f the Commission & of the verdicte of the Iurers concurring on one day.First here is to be noted & considered (good reader) the day and date of geuing out the Commission, & then of the Verdict presented by the Iurers, which was both in one day, that is, on the Wednesday next after the Epiphanie, in the first yeare of the reigne of kyng Henry 5. which was the x. day of the moneth of Ianuary (as the date of the Commission sayth) an. 1413. after the vse of Englād, or after the Romish vse. an. 1414. So that after the vse euer we count whether it be an. 1413. or els an. 1414. the Dominicall letter begynning at the first day of Ianuary to chaūge, must needes be G. for the yeare: & so necessarily make Wednesday next after the Epyphanie, to be the x. day of the sayd moneth of Ianuary. Thus then this present Wednesday, which was the tenth day of the moneth, being well noted and borne in minde, on the which day both the Commission was directed, & also the Verdict presented, let vs now proceede fur-

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