STATUTE CONCERNING THE BURNING OF HERETICS.

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Henry V. to the throne, the attention of the government, as well as the church, was directed more seriously than ever to the suppression of the Lollards. The acknowledged head of the party, at this period, was the celebrated and victorious Sir John Oldcastle, or, according to the title which he enjoyed in right of his wife, Lord Cobham. As both the rank and the talents of this nobleman, and the reputation he possessed at court, gave immense weight to his example and influence, he was regarded by Arundel and the rest of the clergy as the most dangerous of their enemies, and no means were left unemployed to effect his destruction. Henry, who, like his father, was fully convinced of the importance of conciliating the church, earnestly desired, if possible, to pursue measures which might enable him to retain the favour of his clergy, and at the same time avoid encouraging that disposition to sanguinary intolerance, which was but too rapidly gaining ground. But he was ill fitted to oppose the artful policy of the priesthood; and, urged into persecution, he soon consented to make enactments, which loaded the consciences of men with even heavier chains than they had borne under his predecessors. According to one of these, it was declared, that whoever they were that should read the scriptures in the mother tongue, they should forfeit land, cattle, life, and goods, from their heirs for ever, and be condemned for heretics to God, enemies to the crown, and most arrant traitors to the land.

"The most unhappily memorable act of Henry V.'s legislation, (says the late Sir James Mackintosh,) was the statute against Lollards, which condemns to be burnt all who, being convicted before the diocesan of falling into heresy, shall either refuse to abjure their impious errors, or relapse into them after previous abjuration. This persecution was formally carried into effect by a process de heretico comburendo, which necessarily issued upon a certificate of obstinacy or relapsed heresy by the diocesan, and which commanded the sheriff or other local magistrate to commit the offender against the divine majesty (alias the church!) to the flames. Some of our ancient lawyers lay it down that such was the punishment of heresy by the common law-an assertion easily made, but with difficulty brought to the test of evidence; which, in the lax language of a rude jurisprudence, imported, perhaps,

nothing more, than that before the statute heresy would not, or did not, pass with impunity."*

The laws against the Lollards were not suffered to slumber. Such, indeed, is the inherent malignity of such legislative war against bodies of men for religious belief, that they execute themselves by the evil passions which they beget towards their unhappy objects. A people speedily unlearns compassion, and even justice, to those who are pronounced by the lawgiver to be undeserving of trust. In the reigns of both the Henries, considerable numbers suffered death, in this country, some instances of which have been already adduced, and others remain to be brought forward.

Lord Cobham was, for some years, the leading patron of Wycliffe's disciples, and was, moreover, a sincere adherent to the religious creed of our reformer. His sufferings will disclose the temper with which the contest was carried on between the Lollards and the priesthood, to the period when the papal power was excluded from these realms. No event could have shewn more decisively the superior talents and the unblemished reputation of Lord Cobham, than his continuance in the favour of Henry IV., notwithstanding his known attachment to principles which required the most complete reformation of the church, or rather, of the clergy. But in 1413, Henry of Lancaster was no more, and as the young prince of Wales had hitherto passed his time in the lowest company, and in the most licentious pursuits, the change was thought to be pregnant with danger to the ecclesiastical state. That prince, however, was no sooner called to the throne, than his former associates and his former habits were alike abandoned. Well would it have been, had he possessed, at this moment, some more humane counsellors than were those to whom the royal conscience was surrendered. From having betrayed an unusual contempt for the institutions and the morals of society, he became the zealous advocate of the established religion, with all its follies and corruptions.

At this period Lord Cobham was exposed to the special resentment of the clergy, not only as having more than once abetted the most obnoxious tenets of Lollardism in the English parliament, but as having long maintained numerous preachers of that

History of England, vol. i. p. 355.

sect.

PROSECUTION OF LORD COBHAM.

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These are described as having made the provinces subject to the jurisdiction of his grace of Canterbury, and those owning the authority of their lordships of Hereford, Rochester, and London, the principal scene of their itinerant labours. In addition to which, the wealth of this distinguished offender had been freely expended, to multiply copies of the writings of Wycliffe, and by this means the seeds of disaffection had not only increased in England, but were scattered through Bohemia, and other states of the continent. All this, too, had been done, in contempt of those solemn decrees which had doomed the preachers so encouraged, and the writings thus diffused, to become the fuel of the same fire. Nor had these maxims of intolerance obtained the sanction conferred upon them merely as an instrument of terror. The works of our reformer were diligently sought after, and committed to the flames.

It was accordingly determined, in a convocation of the clergy, with the primate Arundel at its head, that a prosecution of Lord Cobham, as the leader of the parties who were so obstinately allied in their opposition to the church, should be immediately commenced. But it was prudently suggested, that the pleasure of the sovereign should be ascertained before proceeding to act upon this decision, since the offender, in addition to his rank, was certainly respected by the court, and near the person of the king. A deputation was in consequence appointed to wait upon the monarch; and having exposed, in the royal presence, the peculiar guilt of the accused, it was urged as strictly necessary, if the piety or the recognised institutions of the land were to be preserved, that some signal penalty should be speedily inflicted. Henry expressed his disapprobation of the opinions and of the conduct imputed to Lord Cobham; but requested the suspension of all proceedings until he should have reasoned with him, adding, that should this milder effort be without effect, the punishment of the culprit must be left to the wisdom of the church. The knight listened to his sovereign with reverence, and returned the following respectful answer. "I am, as I have always been, most willing to obey your majesty as the minister of God, appointed to bear the sword of justice, for the punishment of evil doers, and the protection of those who do well. To you,

therefore, next to my eternal living Judge, I owe my whole obedience, and entirely submit, as I have ever done, to your pleasure, my life, and all my fortune in this world; and in all the affairs of it, whatever, am ready to perform exactly your royal commands. But as to the pope, and the spiritual dominion which he claims, I owe him no services that I know of, nor will I pay him any; for as sure as God's word is true, to me it is fully evident, that he is the great antichrist, the son of perdition, the open adversary of God, and the abomination standing in the holy place." Henry was sorely displeased that neither his arguments nor his condescension could bring his faithful soldier to avow a return to orthodoxy; and, abandoned by the king, Lord Cobham was left to contend alone with the united strength of his clerical adversaries.

His home at this period was Cowley Castle, once the residence of his father-in-law, and situate about three miles from Rochester. The usual steps were taken by the clergy to induce his appearance before them, but in vain; and it was resolved to solicit the assistance of the secular arm to secure his apprehension, as "the seditious apostate, schismatic, and heretic, the troubler of the public peace, the enemy of the realm, the great adversary of all holy church." The persecuted knight now made a second appeal to the justice of his sovereign; but from the royal presence the ecclesiastical officers were allowed to conduct him to the Tower. After some days, he was brought before the archbishop of Canterbury and the bishops of London and Winchester, in the chapter house of St. Paul's. Arundel reminded the prisoner of the sentence which, as primate, he had been recently called to pass on him; at the same time informing him that the absolution which had been hitherto despised, might still be obtained on proper submission. But it was requested by the accused, that as he had no wish to protract inquiry, and as his opinions were certainly unalterable, he might be allowed to read from a document in his hand the sentiments which he entertained in relation to the articles on which he presumed himself to be suspected of error. This paper chiefly referred to the doctrine of the eucharist, to the nature of penance, the worship of images, and the custom of pilgrimage, and was, with some additional explanations, a

LORD COBHAM CITED BEFORE THE ARCHBISHOP.

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copy of that which he had recently presented to the king. On all the points named, both the sentiment and language of this confession were in substance those of Wycliffe. By the prelates it was considered as in some respects orthodoxy, in others as requiring further explanation; and there were, moreover, several points unnoticed in that statement on which his opinions must be known. But it was avowed by the prisoner as his determination to communicate no more than the document before them contained. "You see me in your power; do with me as you please;" was his simple and decisive language. Arundel was perplexed by this conduct, but presently admonished him that the things to be believed by Christians, were a matter which had been placed beyond controversy by the authority of the church; and that on the following Monday more explicit answers would be expected from him. The archbishop also informed him, that to aid his mind in the interval, care should be taken to make him acquainted with the judgment of the church on the questions at issue. On the morrow, a paper was received by Lord Cobham, which affirmed, in the grossest terms, and in the name of the church, the necessity of confession to a priest, the merit of pilgrimages, the propriety of the worship rendered to images and holy relics, also the supremacy of the pope, and the mysteries of transubstantiation.

On the day appointed he appeared before a formidable array of judges in the monastery of Dominicans, near Ludgate. Besides the prelates, the doctors, and the heads of religious houses, included in this assembly, was "a great sort more, of priests, monks, canons, friars, parish clerks, bell-ringers, and pardoners." These are described as treating the "horrible heretic with innumerable mocks and scorns." With these, also, were others, who were addressed by the prisoner as the people, being the laity, who were witnesses of the proceedings. The archbishop commenced by adverting to the absolution which had been so mildly proffered in several instances, only to be contemned, but which he was nevertheless prepared even yet to bestow, should it be sought in "due form and manner, as holy church had ordained." To this it was replied, that the judgment of men is frequently opposed to that of their Maker; and as the accused