CHAPTER XXX. (p. 348)

THE CASE OF SIR JOHN OLDCASTLE, LORD COBHAM. -- REFERENCE TO HIS

FORMER LIFE AND CHARACTER. -- FOX'S BOOK OF MARTYRS. -- THE

ARCHBISHOP'S STATEMENT. -- MILNER. -- HALL. -- LINGARD. -- COBHAM

OFFERS THE WAGER OF BATTLE. -- APPEALS PEREMPTORILY TO THE POPE. --

HENRY'S ANXIETY TO SAVE HIM. -- HE IS CONDEMNED, BUT NO WRIT OF

EXECUTION IS ISSUED BY THE KING. -- COBHAM ESCAPES FROM THE TOWER.

1413.

The death of Sir John Oldcastle, Lord Cobham, and the circumstances

which preceded it, require a more patient and a more impartial

examination than they have often met with. But it must be borne in

mind throughout that our inquiry has for its object, neither the

condemnation of religious persecution, nor the palliation of the

spirit of Romanism,--neither the canonization of the Protestant

martyr, nor the indiscriminate inculpation of all concerned in the sad

tragedy of his condemnation and death,--but the real estimate of

Henry's character. The pursuit of this inquiry of necessity leads (p. 349)

us through passages in the history of our country, and of our church,

which must be of deep and lively interest to every Englishman and

every Christian. It is impossible, as we proceed, not to fix our eyes

upon objects somewhat removed from the direct road along which we are

passing, and, contemplating the state of things as they were in those

days, contrast them fairly and thankfully with what is our own lot

now.

It were a far easier work to assume that all who were engaged in

prosecuting Sir John Oldcastle were men of heartless bigotry,

unrelenting enemies to true religion, devoid of every principle of

Gospel charity, men of Belial, delighting in deeds of violence and

blood; and that the victim of their cruelty, persecuted even to the

death solely for his religious sentiments, was a pattern of every

Christian excellence, the undaunted champion of Gospel truth, the

sainted martyr of the Protestant faith. This were the more easy task,

for little further would need to be done in its accomplishment than to

select from former writers passages of indiscriminate panegyric on the

one hand, and equally indiscriminate vituperation on the other. The

investigation of doubtful and disputed facts, to the generality of

minds, is irksome and disagreeable; and its results, for the most part

removed, as they are, from extreme opinions on either side, are

received with a far less keen relish than the glowing eulogy of a

partisan, and the unsparing invective of an enemy. Truth, (p. 350)

nevertheless, must be our object. Truth is a treasure of intrinsic

value, and will retain its worth after the adventitious and forced

estimate put upon party views and popular representations shall have

passed away.

Sir John Oldcastle, who derived the title of Lord Cobham from his

wife, was a man of great military talents and prowess, and at the same

time a man of piety and zeal for the general good. He was one of the

chief benefactors towards the new bridge at Rochester, a work then

considered of great public importance; and he founded a chantry for

the maintenance of three chaplains. Oldcastle was by no means free

from trouble during the reign of Richard II. Indeed, so unsettled was

the government, and so violent were the measures adopted against

political opponents, and so cheap and vile was human life held, that

few could reckon upon security of property or person for an hour. One

day a man was seen in a high civil or military station; the next

arrested, imprisoned, banished, or put to death. Oldcastle was very

nearly made an early victim of these violent proceedings. Among the

strong measures to which parliament had recourse about the year 1386,

they appointed fourteen lords to conduct the administration, among

whom was Lord Cobham. Just ten years afterwards he was arrested, and

adjudged to death by the parliament;[266] but his punishment, at the

earnest request of certain lords, was commuted for perpetual (p. 351)

imprisonment,[267] a sentence from which the lords of parliament

revolted,--and he was exiled.[268] From this banishment he returned

with Henry of Lancaster, and was restored to all his possessions which

had been forfeited. Through the whole reign of Henry IV. we find him

in the King's service in Wales and on the Continent. In a summons for

a general council of prelates, lords, and knights, dated July 21,

1401, occurs the name of John Lord Cobham.[269] In the Minutes of

Council about the end of August 1404, John Oldcastle is appointed to

keep the castles and towns of the Hay and Brecknock; and when English

auxiliaries were sent to aid the Duke of Burgundy, Oldcastle was among

the officers selected for that successful enterprise. Between the

Prince of Wales and this gallant brother in arms an intimacy was

formed, which existed till the melancholy tissue of events interrupted

their friendship, and ultimately separated them for ever.

[Footnote 266: Monk of St. Alban's.]

[Footnote 267: Monk of Evesham.]

[Footnote 268: The Pell Rolls (22d May 1398)

contain an item of 20_l._ paid to Thomas Duke of

Surrey on account of Lord Cobham, then his

prisoner.]

[Footnote 269: Records of Privy Council.]

We have already seen that Lord Cobham had given proof of a pious as

well as a liberal mind; and his piety showed itself in acts which the

Roman church sanctioned and fostered. He built and endowed a (p. 352)

chantry for the maintenance of three chaplains. But he had imbibed a

portion of that spirit which Wickliffe's doctrines had diffused far

and wide through the land; and he not only boldly professed his

principles, but actively engaged in disseminating them. It is very

difficult to ascertain the exact truth as to the tenour and extent of

the religious opinions of the rising sect, and the degree in which

they were political dissenters, aiming at the overthrow of the

existing order of things in the state as well as in the church. Their

enemies, doubtless, have exaggerated their intentions, and have

endeavoured to rob them of all claim to the character of sincere

religious reformers; probably misrepresenting their objects, and

confounding their designs with the plots of those turbulent

spirits[270] who then agitated several countries in Europe; whilst

their friends have denied, perhaps injudiciously, any participation on

their part in seditious and treasonable practices. By the one they

have been condemned as reckless enemies to truth, and order, and

peace; by the other they are exalted into self-devoted confessors and

martyrs; in soundness of faith, integrity of life, and constancy unto

death for the truth's sake, equalling those servants and soldiers of

Christ who in the first ages sealed their belief with their blood. The

truth lies between these extremes: their enemies were bigoted (p. 353)

or self-interested persecutors; but many among themselves, as a body,

in their language, their actions, and their professed principles, were

very far removed from that quiet, patient, peaceable demeanour which

becomes the disciples of the Cross. Doubtless there were numbers at

that time in England possessing their souls in patience, bewailing the

gloom and superstition and tyranny which through that long night of

error overspread their country, and anxiously but resignedly expecting

the dawn of a holier and brighter day. It is, however, impossible to

read the documents of the time without being convinced, not only that

the temporal establishment of the Church was threatened, but that the

civil government had good grounds for watching with a jealous eye, and

repressing with a strong hand, the violent though ill-digested schemes

of change then prevailing in England. Undoubtedly the hierarchy set

all the engines in motion for the extirpation of Lollardism, as the

principles of the rising sect were called. They felt that their

dominion over the minds of men must cease as soon as the right of

private judgment was generally acknowledged; and they resolved, at

whatever cost of charity and of blood, to maintain the hold over the

consciences, the minds, and the property of their fellow-creatures,

which the Church had devoted so many years of steady, unwearied,

undeviating policy to secure. The real question, the point on (p. 354)

which every other question between the Protestant communions and the

Church of Rome must depend, is this: "Have individual Christians a

right to test the doctrines of the Church by the written word of God;

or must they receive with implicit credence whatever the church in

communion with the See of Rome, the only authorized and infallible

guardian and propagator of Gospel truth, decrees and propounds?" All

the other differences, however important in themselves, and

practically essential, must follow the fate of this question. The

Romanists are still aware of this, and are as much alive to it as ever

were the most uncompromising vindicators of their church in the days

of Lollardism. They took their resolution, and it was this: "Come what

will come, this heresy must be put down; the very existence of the

Church is incompatible with this rivalry: either Lollardism must be

extinguished, or it will shake the very foundations of Rome." And,

having taken this resolution, they lost no favourable opportunity of

carrying it into full effect.

[Footnote 270: The states of Europe were much

convulsed about this time by an apprehension of

political revolutions.]

Some writers seem to have fixed their thoughts so much on the bold and

ruthless measures adopted, or compassed, by the Church under the house

of Lancaster, as to have left unnoticed their proceedings previously

to Henry IV.'s accession. In 1394, when Richard II. made his first

expedition to Ireland, though he had been absent a very short time, so

alarmed were the heads of the Church at the progress of the new (p. 355)

opinions, that the Archbishop of York[271] and the Bishop of London

went over in person to implore him to return forthwith and put down

the Lollards,[272] his own and the Church's formidable enemies. Many

strong measures were resorted to on that King's return, but all short

of those deeds of guilt and blood which disgraced our country through

the next reigns. The Pope, the King, and the hierarchy put forth their

united exertions, and for a season the growing danger seemed to be

repressed; but it was still silently and widely spreading. In the year

1400, before Henry IV. was settled in his throne, and whilst he was

naturally alive to every report of danger, the several estates of the

realm "pray the King to pass such a law as may effectually rid the

kingdom of those plotters against all rule and right and liberty, (for

so are the Lollards described,) whose aim is to dispossess the clergy

of their benefices, the King of his throne, and the whole realm of

tranquillity and order, exciting to the utmost of their power sedition

and insurrection." And in that year was passed the statute De (p. 356)

hæretico comburendo, which enacted that a suspected heretic should be

cited by his diocesan, be fined, and imprisoned; and, if pronounced a

relapsed or obstinate heretic, be given over by the Church to the

secular power, to be burnt, in an elevated spot, before the people, to

strike terror the more. It was under this statute that Sir John

Oldcastle was summoned, tried, adjudged, and delivered to the secular

power.

[Footnote 271: King Richard seems to have employed

the Irish prelates on many occasions in his

intercourse with Rome. Thomas Crawley, Archbishop

of Dublin, was sent to Pope Urban (1398, May 22nd,)

"for the safe estate and prosperity of the most

holy English church;" and John Cotton, Archbishop

of Armagh, was sent to Rome, (31st of August,) in

the same year, "on the King's secret

affairs."--Pell Rolls.]

[Footnote 272: Otterbourne.]

How long he had entertained the new opinions, or, by openly

encouraging their propagators, had incurred the anger, and drawn down

upon himself the concentrated violence of the hierarchy, does not

appear. From one circumstance we may fairly infer, that, whilst he was

aiding the Prince in the war against Owyn Glyndowr, he had not been

silent or idle in the dissemination of these principles. In the synod

held in St. Paul's, his offence of sending emissaries and preachers is

said to have been especially committed (beside the dioceses of London

and Rochester) in the diocese of Hereford; and, as we have seen, in

1404 he was especially charged with the safeguard of the town and

castle of Hay, in Herefordshire: he was also sheriff of that county in

1407. Whether he had ever communicated his sentiments to the Prince,

or not, must remain a matter only of conjecture: be this as it may, no

sooner was the first parliament of Henry V. assembled,--and they met

soon after Easter,--than Arundel convened a full assembly[273] (p. 357)

of prelates and clergy in St. Paul's Cathedral.[274] It was there

speedily determined that the breaches in the Church could not be

repaired, nor peace and security restored, unless certain noblemen and

gentry, favourers of Lollardism, were removed, or effectually

silenced, and brought back to their allegiance. Especially, and by

name, was this decree passed against Sir John Oldcastle, Lord Cobham;

and a resolution was taken to proceed against him forthwith. But he

was then in high favour with the King; and the Archbishop thought it

discreet to endeavour first to withdraw from him the royal favour,

before proceeding openly to put the law in force against him. And at

this point our interest in the transactions, and our desire to

ascertain the accuracy of the accounts in every particular begin to

increase; for our estimate of the tone and temper of Henry's mind, and

the real nature of his conduct, will be affected by a very slight

change of expression and turn of thought. Was Henry V. a persecutor

for religious opinions?

[Footnote 273: The Chronicle of London states that

the convocation assembled on the day of St. Edmund

the King, and continued until December; and "that

the archbishop and bishops, at St. Paul's Cross,

accursed Sir John Oldcastle on the Sunday, after

the dirge was performed royally at Westminster for

Richard II., on the removal of his remains."]

[Footnote 274: Archbishop Arundel (says Anthony à

Wood), who never proceeded beyond the degree of

bachelor of arts in this University [Oxford] or any

other, decreed by a provincial council, 1404, that

none should preach except privileged or licensed.]

Perhaps the more satisfactory course will be, first to give the (p. 358)

statements of Fox, and one or two others, who have taken the view

of the case least favourable to Henry, and then to add the account of

the transaction as it is recorded by the Archbishop, on whose record

Fox informs us that the ground and certainty of his own history of

Lord Cobham depended. Almost all subsequent writers copy the

martyrologist exclusively and implicitly, though often with much

additional colouring.

Fox, who certainly follows the original statement in Archbishop

Arundel's register much more faithfully, than those who have taken

their facts from him, and heightened them by their own exaggerated

colouring, gives an unfavourable and an unfair turn to the whole

proceeding by one or two strokes of his pencil. His version of the

affair is this: "The King _gently_ heard those bloodthirsty prelates,

and _far otherwise than became his princely dignity_; notwithstanding

requiring, and instantly desiring them, that in respect of his noble

stock and knighthood, they would deal favourably with him, and that

they would, if possible, without all rigour or extreme handling,

reduce him to the Church's unity. He promised them also, that, in case

they were content to take some deliberation, himself would seriously

commune the matter with him. Anon after, the King sent for Lord

Cobham, and, as he was come, he called him, secretly admonishing him,

betwixt him and him, to submit himself to his mother the holy (p. 359)

Church, and as an obedient child to acknowledge himself culpable. Unto

whom the Christian knight made this answer: 'You, most worthy prince,

I am always most ready to obey. Unto you, next my eternal God, I owe

whole obedience, and submit thereto, as I have ever done. But as

touching the Pope and his spirituality, I owe them neither suit nor

service; forasmuch as I know him by the Scriptures to be the great

Antichrist, the son of perdition, the open adversary of God, and the

abomination standing in the holy place!' When the King had heard this,

and such like sentences more, he would talk no longer with him, but

left him so utterly. And as the Archbishop resorted again unto him for

an answer, he gave him his full authority to cite him, examine him,

and punish him according to their devilish decrees, which they called

the laws of holy church."

In his comment on the answer said to have been made by Lord Cobham to

the King, Milner's zeal in favour of the accused, betrays him into

expressions against Henry which cannot be justified: "The _extreme

ignorance of Henry_ in matters of religion by no means disposed him to

relish such an answer as this; _he immediately turned away from him in

visible displeasure_, and gave up the disciple of Wickliff to the

malice of his enemies."

Hall's version is this: "The King, first having compassion on the (p. 360)

nobleman, required the prelates, if he were a strayed sheep,[275]

rather by gentleness than by rigour to bring him back again to his old

flock: after that, he, sending for him, godly exhorted and lovingly

admonished him to reconcile himself to God and his laws. The Lord

Cobham thanked the King for his most favourable clemency, affirming

his grace to be his supreme head and competent judge, and no other."

[Footnote 275: Carte suggests that Lord Cobham

might have been one of Henry's [supposed] rakish

companions. But such a supposition as would stain

his memory with debauchery, is altogether at

variance with his character. Carte has no doubt of

the reality of Cobham's conspiracy in St. Giles'

Field.]

The record, as it is found in the Archbishop's Memoirs, is as follows.

Having stated that, of the tracts which had been condemned to the

flames for their heretical contents, one consisting of many smaller

tracts full of more dangerous doctrine, tending to the subversion of

the faith and the church, was found at an illuminator's in Paternoster

Row, who confessed that it was Lord Cobham's, and another was brought

from Coventry, full of poison against the Church of God, the

Archbishop's record thus proceeds: "The day on which the said tracts

were condemned and burnt, certain tracts, containing more important

and more dangerous errors of the said Lord John Oldcastle, were read

before the King, and almost all the prelates and nobles of England, in

the closet of the King at Kennington; the said Lord John Oldcastle (p. 361)

being present and hearing it, having been especially summoned for this

purpose. Then our King himself expressed his abhorrence of those

conclusions, as the worst against the faith and the church he had ever

heard. And the said Lord John Oldcastle, being asked by the King

whether he thought the said tract was justly and deservedly condemned,

said that it was so. On being asked how he could use or possess a

tract of this sort, he said that he had never read more than two

leaves.

"And be it remembered that in the said convocation the said Lord John

Oldcastle was convicted by the whole clergy of the province of

Canterbury, upon his ill-fame for errors and heretical wickedness, and

how in various dioceses he had held, assumed, and defended erroneous

and heretical conclusions; and that he had received to his house,

favoured, refreshed, and defended, chaplains suspected and even

convicted of such errors and heresies, and had sent them off to

different parts of the province to preach and sow this evil seed, to

the subversion of the faith and the state of the church.[276] And

supplication was made on the part of the same clergy to the Lord

Archbishop and the prelates, that the said John Oldcastle should (p. 362)

be summoned to answer in person to these points. And because it seemed

right to the Lord Archbishop and the prelates, that the King ought

first to be consulted on this point, because he had been his intimate

friend, they waited upon the King at Kennington, and with all due

reverence consulted with him upon the matter. And the King returned

thanks for their obliging kindness, and prayed them, [regratiabatur

benevolentiis eorundem, et eis supplicabat,] for respect to the King

himself, because he had been his intimate friend, and also from

respect to the military order, they would defer process and execution

of every kind against him; promising them that he would labour, with

regard to him, to bring him back with all mildness and lenity from the

error of his way to the right path of truth. And if he could not

succeed in this endeavour, he would deliver him to them according to

the canonical obligations to be punished, and would assist them in

this with all his aid and with the secular arm. And the said

Archbishop and prelates acquiesced in the King's desire, but not

without the dissatisfaction and murmurs of the clergy. Then, after the

lapse of some time, when our said Lord the King had laboured long and

in various ways in the endeavour to bring back the said knight to the

sheepfold of Christ, and had reaped no fruit of his toil, but the

knight continually relapsed into a worse state than before, at length

the King, in the following month of August, being at Windsor, (p. 363)

without further lenity sharply chided the said Lord John for his

obstinacy. And the said Lord, full of the Devil, not enduring such

chiding, withdrew without leave to his castle of Cowling in Kent; and

there fortified himself in the castle, as was publicly reported. After

that, the King sent for the Lord Archbishop, who was then at

Chichester, celebrating the Assumption of the blessed Virgin; and, on

his coming to the King at his house in Windsor Park, the King, after

rehearsing the pains he had taken, enjoined on the Archbishop, and

required him on the part of God and the Church, to proceed with all

expedition against the said Lord John Oldcastle according to the

canonical rules; and then the Archbishop proceeded against him as the

law required."[277]

[Footnote 276: Henry V.'s own chaplain declares,

"that Oldcastle attempted to infect the King's

highness himself with his deadly poison by his

crafty wiles of argument." If the King argued the

points with Oldcastle, how could that confessor

have done otherwise than strenuously endeavour to

bring his liege Lord to the same views of doctrine

which he entertained himself?]

[Footnote 277: Lingard speaks of "a mandate to the

Archbishop of Canterbury to proceed against the

fugitive according to law. The spiritual powers of

that prelate were soon exhausted. Oldcastle

disobeyed the summons, and laughed at his

excommunication; but was compelled to surrender to

a military force sent by the King, and was

conducted a prisoner to the Tower." The same author

(but on what authority it does not appear) tells us

that Oldcastle was at St. Alban's, and prophesied

that he should rise on the third day; which is in

itself most improbable.]

* * * * *

After attentively perusing this authentic statement, comparing it with

subsequent representations, and recollecting that the utmost which

Henry did was to direct the ecclesiastical authorities to proceed

according to the laws of the land, where he had interrupted their (p. 364)

proceedings with a view of averting the extremities on which those

authorities seemed bent--and when we learn that even that temporary

delay had called forth the decided disapprobation and remonstrance of

the clergy,--few probably among unprejudiced minds will be disposed to

view this incident in any other light than as a proof that Henry, who

was a sincere believer, was yet anxious to bring all to unity in faith

and discipline by reason and gentle means, by the force of argument

and persuasion only; and that he earnestly endeavoured to blunt the

edge of the sword with which the law had supplied the hierarchy, and

to avert the horrors of persecution. Undoubtedly, when he failed, he

directed the authorities to proceed according to law, and assisted

them in securing Cobham's person when he set them at defiance. But it

is necessary to take a comprehensive view of all the circumstances

before we pronounce judgment as to his principles or motives.

The account of Henry's own chaplain, who was prejudiced in the extreme

against the rising sect, seems undoubtedly to imply that in one stage

of the melancholy transaction Henry was more than passive, and

encouraged rather than checked the ecclesiastical authorities to

proceed; but he at the same time adds, what is of course of equal

credit, that the piety of the King deferred the extremity of

punishment and his death. He adds, "that Henry had Oldcastle

committed to the Tower, influenced by the hope that he might bring (p. 365)

him back to the true faith; and that when, towards the end of October,

the straitness of his confinement was softened, and he was, under

promise of renouncing his errors, released from his bond, he broke

prison and escaped." This was written between Oldcastle's escape and

his subsequent capture and death. If we take one part of such

evidence, we must in fairness take the other; and certainly, in that

contemporary's view, Henry was fully determined to do all he could to

save Cobham from the extreme penalty of the law.

He solicited the hierarchy, as a favour to himself, to suspend their

operations for a while; they consented to grant the suspension as a

favour to the King, upon his royal word being pledged that, should he

fail in his endeavours, he would interfere with their proceedings no

further, but on the contrary would assist them. Consistently with his

promise, and with his duty as the chief magistrate of the realm, he

could scarcely have done otherwise than he appears to have done.

After he had put forth his very utmost endeavours to rescue his

subject and friend from the ruin to which the hierarchy had destined

him, he made up his mind that the law should take its course, and that

the accused should be tried as the statute directed. Lord Cobham wrote

a confession of his faith, and, carrying it with him to the court,

presented it to the King; who, having resolved to interpose no (p. 366)

further between the accused and the process of the law, directed him

to present it to his judges: and probably few will be disposed to

think that Henry could act otherwise, consistently with his high

station. The case was now most materially altered; Lord Cobham was in

a very different position, and so was the King. As long as his kind

offices could prevent a public prosecution, Henry spared no personal

labour or time, but zealously devoted himself to this object, though

unsuccessfully. But now the proceedings had advanced almost to their

consummation, and interference at this point could scarcely have been

consistent with the royal duty; especially when we consider what those

proceedings were. Lord Cobham had been summoned to appear before the

spiritual court, had disobeyed the citation, had been pronounced

"guilty of most deep contumacy," and had been excommunicated. Henry

could not interfere in this stage of the business with any show of

regard to the laws, agreeably to which (blind, and cruel, and

bloodthirsty, and wicked, as we may deem them,) the proceedings

undoubtedly had been conducted; he therefore, as it should seem, could

not do otherwise than direct the schedule, then presented to him by

Lord Cobham, to be referred to the tribunal which the law had

appointed to hear and determine the charges. On this turn of his

affairs, the valiant knight and sincere Christian had recourse to

various pleas and measures, for which were we to condemn him, as (p. 367)

he has been condemned, we should act most unjustly. We must not judge

him by the standard of our own times, nor with reference to principles

on which we might justly be arraigned ourselves. But let the same

measure of justice be dealt to all alike; and whilst the eulogist of

Lord Cobham pleads in excuse the "wretched state of society" then

existing,[278] let all the circumstances of time and society and law

be taken into calm consideration before we condemn Henry, or rather

before we withhold from him the praise of moderation, liberality, and

true Christian kindness. The result of this visit to the King (to

which the Archbishop's record does not allude) is thus stated by Fox.

"Then desired Lord Cobham in the King's presence that a hundred

knights and esquires might be suffered to come in upon his purgation,

which he knew would clear him of all heresies. Moreover, he offered

himself after the law of arms to fight for life or death with any man

living, Christian or heathen, in the quarrel of his faith; the King

and the Lords of his council excepted. Finally, with all gentleness he

protested before all that were present, that he would refuse no manner

of correction that should, after the laws of God, be ministered unto

him; but that he would at all times with all meekness obey it.

Notwithstanding all this, the King suffered him to be summoned

personally in his own privy chamber." There is one circumstance of

very great importance, omitted by Milner, Turner, and others; (p. 368)

but which cannot be neglected if we would deal fairly by Henry. Fox

gives a circumstantial statement of it; and it is of itself sufficient

to account for whatever of "strait handling" may have been shown by

the King to his unhappy friend at that hour. Lord Cobham, though he

had repeatedly professed that the King was his supreme head, and liege

Lord, and competent judge, and no other; and that he owed neither suit

nor service to the Pope, whom he denounced as Antichrist; yet now

appealed in the presence of the King peremptorily to the Pope, not on

the heat of the moment, but by a written document which he showed to

the King. The King overruled this appeal;[279] at least, he informed

the accused that he should remain in custody until it was allowed by

the Pope, and that at all events the Archbishop should be his judge.

He was then arrested again at the King's command, and taken to the

Tower of London, "to keep his day," the time appointed for his trial.

But the reader will judge more satisfactorily of the proceeding after

reading the statement of Fox himself. "Then said the Lord Cobham to

the King that he had appealed from the Archbishop to the Pope of (p. 369)

Rome, and therefore he ought, he said, in no cause to be his judge;

and, having his appeal there at hand ready written, he showed it with

all reverence to the King. Wherewith the King was then much more

displeased than afore, and said angerly unto him that he should not

pursue his appeal; but rather he should tarry in hold till such time

as it were of the Pope allowed, and then, would he or nild he, the

Archbishop should be his judge."[280]

[Footnote 278: Milner.]

[Footnote 279: Mr. Southey builds upon this

circumstance a very unfavourable and unmerited

reflection on Henry in comparison with other

monarchs of England. "The Edwards' would have

rejoiced in so high-minded a subject as Lord

Cobham. But Henry V. had given his heart and

understanding into the keeping of the prelates, and

he refused to receive the paper, ordering it to be

delivered to them who should be his judges."]

[Footnote 280: It is painful to read the marginal

notes of Fox here. "Lord Cobham would not obey the

beast." Thomas Arundell, "Caiaphas sitteth in

consistory. The wolf was hungry; he must needs be

fed with blood. Bloody murderers." With many

others, yet more ungentle. The justice of the

judgment cannot but be questioned when the feelings

of the historian give themselves vent in such

language as this. Still we must make great

allowances for the times.

There are many other points in which Fox, who, be

it remembered, refers us to the Archbishop's Memoir

for evidence of the truth of his narrative, gives a

turn and colour to minor circumstances calculated

to prejudice the reader, but by no means sanctioned

by that Memoir. Thus Fox says, the Archbishop swore

all on the _Mass Book_: the Archbishop says, he

caused them all to be sworn on the Holy

Evangelists.]

How far at this juncture the King was competent to take upon himself

the responsibility of forbidding any further proceedings against the

individual on whose head the church had resolved to pour the full vial

of its wrath and vengeance; and, if he had by law the power, how far

he could consistently with the safety of his throne and the peace of

his kingdom have done so, are questions not hastily to be (p. 370)

determined. Certain it is, that, not two years after Lord Cobham's

first citation, Henry seems to have been thought by the council[281]

to be so far from forward in the work of persecution, as to need from

them a memorial to be more vigilant and energetic in his measures

"against the malice of the Lollards;" and to require the Archbishops

and Bishops to do their duty in that respect. Henry, though sincerely

attached to the religion of Rome, yet, whether at the stake in

Smithfield, or in his own palace at Kennington, appears to have

endeavoured "to do the work of the good Samaritan," and to the very

verge of prudence to interpose between the execution of a cruel law,

and the sufferings of a fellow-creature for conscience sake; not by

setting himself up against the law of the kingdom over which he

reigned, but by gentleness and persuasion, and promises and threats,

to induce his subjects not to defy the law. Our inquiry does not

require or allow us to follow the steps of the devoted Lord Cobham

through his examinations before the ecclesiastical judges, nor to

pronounce upon the conduct and language either of Arundel[282] or his

prisoner. Henry seems to have taken no part in the proceedings

whatever. But after the definitive sentence had been passed, and (p. 371)

he had been left to the secular power, and remanded in custody of (p. 372)

Sir Robert Morley to the Tower, we must observe that though according

to Fox himself, the Archbishop had compelled the lay power by most

terrible menacings of cursings and interdictions to assist him against

that seditious apostate, schismatic, and heretic, and troubler of the

public peace, that enemy of the realm and great adversary of holy

church, (for all these hateful names did he give him,") yet the King's

writ for his execution was not forthcoming, and, as far as we have any

means of knowing, never was it issued. In the case of Sautre, the

sentence of his degradation and delivery to the secular power was

passed, and the King's writ for execution is tested on the very same

day, February 26th, 1401.[283] In the case of Badby, the sentence, the

King's writ, and the execution of the persecuted victim, followed in

one and the same day hard upon each other.[284] But though Lord Cobham

was sentenced on Monday, September 25, 1413, yet he remained in the

Tower some time,--Fox says, "a certain space;" Milner says, "some

weeks,"--and no warrant of execution was forthcoming. Indeed, as far

as the record speaks, no such writ was ever issued by the King. The

Tower was no ordinary prison, and yet Lord Cobham escaped[285] by (p. 373)

night, no one knew how. Whether by connivance or not, and, if by

connivance, whether from any intimation of the King's wishes or not,

was never stated.[286] Many conjectures and surmises were afloat, but

no satisfactory account of his escape was ever made known to the

public. Certain it is that, had the King been a "cruel persecutor,"

had he been as ready to meet the desires of the hierarchy as his

father was in the case of Sautre or Badby, a few hours only after the

ecclesiastical sentence was passed would have borne Lord Cobham from

the power of his persecutors to the place where the wicked cease from

troubling, and where the weary are at rest. Walsingham says that both

Henry and the Archbishop were desirous of saving Oldcastle's life, and

that the Archbishop requested the King to give him a respite of forty

days.[287] But, adds Walsingham, he escaped, and spent the time in

preparing soldiers for revenge.

[Footnote 281: Minutes of Council, 27th May 1415.

Item, touching Commission "to the Archbishops and

Bishops to take measures each in his own diocese to

resist the malice of the Lollards." "The King has

given it in charge to his Chancellor."]

[Footnote 282: It is impossible not to observe upon

the great inaccuracy of Fox's translation of the

Archbishop's words, for he professes it to be a

translation, and the unfair turn and tone given to

his sentiments, together with the unjustifiable

addition which he has made to his definitive

sentence.

FOX'S TRANSLATION.

"We sententially and definitively,

by this present writing,

judge, declare, and condemn

him for a most pernicious

and detestable heretic,

convicted upon the same, and

refusing utterly to obey the

church: again committing him

here from henceforth to the

secular jurisdiction, power, and

judgment, to _do him thereupon

to_ DEATH."

ARUNDEL'S WORDS.

"Him, convicted of and

upon such a detestable offence,

and unwilling to return penitently

to the unity of the

church, we sententially and

definitively have judged, declared,

and condemned for a

heretic, and to be in error in

those things which the holy

church of Rome and the universal

church teaches, hath determined,

and preacheth, and

especially in the Articles above

written; leaving the same as

a heretic henceforth to the

secular power."

"To do him unto death," may be the horrible

implication; but it is not, as Fox unwarrantably

represents it to be, part of the sentence.

Another instance occurs in the translation of the

passage in which the Archbishop gives his reasons

for making this public and authoritative statement

of the transaction.

FOX.

"That, _upon the fear of this

declaration_, also the people

may fall from _their evil_ opinions

conceived _now of late_ by

_seditious preachers_."

ARUNDEL.

"That the erroneous opinions

of the people, who perhaps

have conceived on this

subject otherwise than as the

truth of the fact stands, may

by this public declaration be

reversed."

The Archbishop declares his object to be the

substitution of the true statement of the affair of

Lord Cobham's condemnation, in place of the false

opinions which were abroad; not a word about

"fear," or "evil opinions from seditious

preachers."]

[Footnote 283: In the Lambeth account Sautre's

condemnation is dated, according to the

ecclesiastical reckoning, February 1400; but that,

according to our reckoning, is 1401.]

[Footnote 284: The writ is dated March 5,

1410.--Rymer.]

[Footnote 285: His escape must have been, at the

furthest, within fifteen days of his sentence; for,

on the 10th October, messengers were sent about,

forbidding any one to harbour "John Oldcastle, a

proved and convicted heretic."--Pell Rolls.]

[Footnote 286: If Cobham's escape was winked at by

the King, and _he knew_ of the King's kindness, it

is very improbable that he would immediately after

have been so basely ungrateful as to imagine the

death of his sovereign and benefactor. It is,

however, most probable that, had the King favoured

his escape, the royal interference would have been

kept a profound secret, as well from the prisoner,

as from the people at large.]

[Footnote 287: Walsingham (as quoted by Milner)

says that the Archbishop applied to the King for a

respite for fifty days for Lord Cobham. "If this be

so," Milner says, "the motives of Arundel can be no

great mystery. It was thought expedient to employ a

few weeks in lessening his credit among the people

by a variety of scandalous aspersions;" Milner then

quotes the forged recantation, of which we speak in

a subsequent note. It did not occur to that writer,

that the space of fifty days might be required to

forward his appeal to Rome, and receive the Pope's

judgment upon it.]

Had Henry been merely indifferent on this point, the writ would (p. 374)

have issued as a matter of course. We have seen that, before any

proceedings were instituted against him, Henry used his utmost

endeavours and personal exertions to prevent the gallant knight from

falling into the dangers which threatened; and now, when nothing but

his own writ to the sheriff was wanted to bring the last scene of the

sad tragedy to a close, the King withheld it. The Archbishop, we are

told by Fox, compelled the lay power, by most terrible menacings of

cursing and interdictions, to assist him against Lord Cobham; and we

may be satisfied, the clergy, after denouncing him in convocation, and

after such vast pains had been undergone to subject him to the penalty

of death, would not have failed to press their sovereign to

extremities against this ringleader of their enemies: and yet the writ

of execution is withheld, and the condemned prisoner escapes. Whatever

inference may be drawn from these proceedings, at all events they give

no colour to the charge of persecution; on the contrary, the conduct

of Henry of Monmouth shews throughout indications of a (p. 375)

kind-hearted good man, averse from violence, anxious to avoid

extremities, withholding his hand from shedding of blood; and that not

from a carelessness or ignorance in the matter, for he was sincerely

attached to the Roman communion, believing it to be the true religion

of Christ, and had also made proficiency in the learning of the time.

Compared with the knowledge of those who have lived in more favoured

times, and whilst the true light has shone from the sanctuary of the

Gospel on the inhabitants of our land, Henry's acquaintance with

divine things may appear scanty. But he certainly had possessed

himself of a large share of Christian verity, and he was earnestly

bent on maintaining the faith which he had espoused. The system,

however, of the law of terror found no willing supporter in him. His

forbearance from persecution sprang from a genuine feeling of

humanity, the spirit of philanthropy and kindness.

Henry of Monmouth, Volume 2 Or, Memoirs of the Life and Character of Henry the Fifth, as Prince of Wales and King of England · 第 14 / 16 章