done Well because I would be loath to omit any thing whereby your Lordship might be satisfied I have sent unto you herein inclosed certain reasons to justifie the manner of my proceedings which I marvel should be so misliked in this cause having been so long practised in the same and never before this time found fault with Truly my Lord I must proceed this way or not at all the reasons I have set down in this paper And I heartily pray your Lordship not to be carried away either from the cause or from my self upon unjust surmises and clamours lest you be the occasion of that confusion which hereafter you would be sorry for For mine own part I desire no further defence in these occasions neither of your Lordship nor any other then Justice and Law will yield unto me In my own private affairs I know I shall stand in need of friends especially of your Lordship of whom I have made alwayes an assuâ—ed account but in these publick actions I see no cause why I should seek for friends seeing they to whom the care of the Commonwealth is committed ought of duty therein to joyne with me To conclude I am your Lordships assured neither will I ever be perswaded but you do all even of hearty good will towards me John Cantuar Now amongst all the favourers of the Presbyterians surely honesty Sr. Fra. Walsingham a good friend to nonconformists and wisdom never met more in any then in S r. Francis Walsingham of whom it may be said abate for the disproportion as of S t. Paul though poore yet making many rich Having but one only Daughter whole extraordinary handsomnesse with a moderate portion would considerably prefer her in marriage He neglected wealth in himself though I may say he enriched many not only his dependants but even the English Nation by his prudent steering of State affairs How he interceded to qualifie the Arch-Bishop for a Semi-non conformist we learn from his following Letter IT may please your Grace to understand St. Francis Walsinghams Letter to the Arch. Bishop in favour of non-conformists that this bearer M r. Leverwood of whom I wrote unto your Grace Anno Dom. 1583. Anno Regiâ— Eliza. 26. hath been here with me and finding him very conformable and willing to observe such orders as are appointed to be used in the Church as your Grace shall partly perceive by certain Articles subscribed with his own hand and herein inclosed I willed him to repair unto your Grace And in case these Articles may be allowed then I pray your Grace to be his good Lord and that with your good will and favour he may proceed in his suit upon knowledge whereof I do mean to deal further therein with her Majesty thereof for him as I have already begun to do upon the good report I heard of the man before your Graces message sent to M r. Nicasius for the stay thereof And so I humbly take my leave Your Graces at command Francis Walsingham What this Letter effected the next will informe us Right Honourable I thank you heartily for your letter The Arch-Bishops answer to secretary Walsingâ—aâ—s Letter written unto me in the behalf of Leverwood wherein I perceive the performance of your honorable speeches to my self in promising to joyne with me against such as shall be breakers of the orders of the Church established and movers of contentions therein upon that and other like speeches of yours with me at your last being at Lambeth I have forborn to suspend or deprive any man already placed in any cure or charge for not subscribing only if hereafter he would promise unto me in writing the observing of the Book of Common-Prayer and the orders of the Church by law setâ—down and I do now require subscription to the said Articles of such only as are to be admitted to the Ministry and to Ecclesiasticall livings wherein I finde my self something eased of my former troubles and as yet none or very few of the last named persons to refuse to subscribe to the said Articles though some of them have been accounted heretofore very precise I also very well remember that it was her own wish and desire that such as hereafter should be admitted to any living should in like manner be tied to the observing the orders which as it hath already wrought some quietness in the Church so I doubt not but that it will in time perfect the same And I cannot break that order in one but other will look for the like favour to the renewing and increasing of the former Atheisme not yet already extinguished Wherefore I heartily pray you to joyn with me herein Touching the Articles inclosed in your letter whereunto Leverwood hath subscribed they are of no moment but such as may easily be deluded For whereas he first saith that he will willingly subscribe as far as the law requireth at his hand his meaning is that the law requireth no such subscription for so I am informed that some Lawyers therein deceived have perswaded him and others and in saying that he will alwayes in the Ministry use the Book of Common-Prayer and none else his meaning is that he will use but so much of the Book as pleaseth him and not that he will use all things in the Book required of him I have dealt with him in some particularities which he denieth to use and therefore his subscription is to small purpose I would as neer as I can promise that none should hereafter come into the Church to breed new troubles I can be better occupied otherwise And God would bless our labours more amply and give better success to the word so commonly and diligently preached if we could be at peace and quietness among our selves which I most hartily wish and doubt not to bring to pass by Gods grace the rather through your good help and assistance whereof I assure my self and so with my hearty prayers c. John Cantuar. Thus have we presented to the Reader some select Letters out of many in my hand A transition to other matter passing betwixt the highest persons in Church matters I count it a blessing that providence hath preserved such a treasure unplundred esteem it a favour in such friends as imparted them unto me and conceive it no ungratefull act in our communicating the same to the Reader And now we who hitherto according to good manners have held our peace while such who were farr our betters by their pens spake one to another begin to resume our voice and express our selves as well as we may in the following History 10. By the changing of Edmond into John Cantuar. Good Grindal his death It plainly appears that as all these letters were written this year so they were indited after the sixth of July and probably about December when BP Grindal deceased Our English Eli for office highest in spirituall promotion age whereby both were blinde and
the Rolls when your Family was not brought but brought back into England where it had flourished Barons many yeares before Plants are much meliorated by transplanting especially when after many years they are restored to their Native soile as Cordiall unto them And thus the continuance and increase of all happinesse to your Selfe and Noble Consort is the unfeigned Prayer of Your Honours most obliged servant THOMAS FVLLER THE CHURCH-HISTORY OF BRITAINE Ann. Reg. Bliz. 43. CENT XVII Ann. Dom. 1601 1. THe difference betwixt the Seculars and the Jesuites still continued and increased Wherefore Bishop Bancroft The Seculars fomented by the Bishop of Lond. against the Jesuits counting the Seculars the better but weaker side afforded them countenance and maintenance in London-house accommodating them with necessaries to write against their adversaries hoping the Protestants might assault the Romish cause with the greater advantage when they found a breach made to their hand by the others own dissentions But such who bore no good will to the Bishop beholding the frequent repairing and familiar conversing of such Priests in his house made a contrary construction of his actions and reported him Popishly affected Thus those who publiquely doe things in themselves liable to offence and privately reserve the reasons of their actions in their owne bosomes may sufficiently satisfie their consciences towards God but will hardly avoid the censures of men to which too unwarily they expose themselves With more generall applause was the bounty of Arch Bishop Whitgift bestowed who now finished his Hospitall founded and endowed by him at Croydon in Surrey for a Warden and eight and twenty Brethren As also a Free-Schoole with liberall maintenance for the education of Youth God the best of Creditors no doubt long since hath plentifully re-pay'd what was lent to him in his Members 2. The last Parl. Oct. 17. Nov. 19. in this Queens raigne was now begun at Westm Acts in the last Parliament of Q. Eliz. and dissolved the moneth next following Of such things which at distance may seeme to relate to Church affaires in this Parl. it was Enacted That Overseers of the Poor should be nominated yeerly in Easter week under the Hand and Seale of two a Statute 43. of Q. Eliz. c 2. Justices of Peace and that these with the Church wardens should take care for the reliefe of the Poore binding out of Apprentices c. As also That the Lord Chancellor should award Commissions under the Great Seale into any part of the Realme as cause should require to the b Ibid. cap. 4. Bishop of every Diocese and his Chancellour and any four or more persons of honest behaviour to enquire by oathes of twelve men into the mis-imployment of any Lands or Goods given to pious uses and by their Orders to appoint them to be duly and faithfully paid or employed to their true uses and intents In pursuance of this Statute much good was and is done to this day in severall parts of the Kingdome the Law being very tender that the true intentions of the Donour should take effect as by this eminent instance may appeare By the rule of the Law Copyhold Land cannot be aliened but by Surrender but yet if a man Devise such Land to a Charitable use though it had not been surrendred this is c 15 Jac. in Rivets Cale in Chancery adjudged good and shall be construed an appointment to a Charitable use within this Statute 3. Now if we look into the Convocation Acts of this yeares Convocation parallel to this Parliament therein we shall find that it began with a Latine Sermon of William Barlow Doctor of Divinity and one of Her Majesties Chaplaines afterwards Bishop of Rochester then of Lincolne Preaching on this Text LUKE 19. 13. Negotiamini dum venio In this Convocation Mathew Sutcliffe Doctor of the Law and Deane of Exeter was chosen Prolocutor but nothing save matters of course passed therein Nor finde I any eminent Divine deceased this yeare 4. Francis Godwin doctor of Divinity Francis Godw made Bishop of Landaff Sub-Deane of Exeter Sonne of Thomas Godwin Bishop of Wells like another d In vitâ— Greg. Nazianzen Gregorie Nazianzen a Bishop Son to a Bishop was promoted to the Church of Landaff he was borne in the fourth year of Queen Elizabeth who was not a little sensible of and thankfull for Gods favour unto her in suffering her so long to hold the Helme of the English Church till one borne within her reigne was found fit to be a Bishop He was stored with all polite Learning both judicious and industrious in the study of Antiquity to whom not onely the Church of Landaff whereof he well deserved but all England is indebted as for his other learned Writings so especially for his Catalogue of Bishops He was translated Anno 1617. to Hereford and died many yeares after a very old man in the reign of King CHARLES 5. Now came forth a notable Book against the Jesuites Watson's Quodlibers against the Jesuits written in a Scholastick way by one Watson a Secular Priest consisting of ten quodlibets each whereof is sub-divided into as many Articles It discovereth the Jesuites in their colours ferreting them out of all their burrowes of Equivocation and mentall reservation holding Proteus so hard to it that in despight of his changing into many shapes he is forced to appeare in his own proper forme No intire Answer for ought I can learn was ever returned to this Book The Jesuits according to their old Trick slighting what they cannot confute and counting that unworthy to be done which they found themselves unable to doe Indeed for matters of fact therein they are so punctually reported with the severall circumstances of time and place that the guilty consciences of such as are concerned therein though snapping and snarling at pieces and passages thereof for the main may well give it over for unanswerable 6. Yet the whole Book is written with an imbittered style The black character of Iesuis painted with the Pensil of a Secular Priest so that Protestant Charity hath a better conceit of Jesuits than to account them altogether so bad Take one passage of many e Second Quodliber third Article pag. 62. No no their course of life doth shew what their study is and that howsoever they beast of their perfections holinesse Meditations and exercises yet their platforme is heathenish tyrannicall sathanicall and able to set ARETINE LUCIâ—N MACHIAVEL yea and DON LUCIFER in a sort to schoole as impossible for him by all the art he hath to be-sot men as they doe This is the same Watson who though boasting of the obedience of the Secular Priests to their Soveraigns and taxing the Iesuits for want thereof was notwithstanding himself afterwards executed for a Traitor in the reigne of King Iames. It seemes as well Seculars as Iesuits are so loaden with Loyalty that both need the Gallowes to ease them
negotiations wherein he was imployed for he was joyned with S r. William Winter Anno 1576 in a Commission to the Zealanders about their reprisalls And again Anno 1583 he was sent to the Queen of Scots Sharply to expostulate with her concerning some querulous letters Well knew Queen Elizabeth what tools to use on knotty timber our a Camden in his Elizabetha pag. 359. Author giving M r. Beal this Character that he was Homo vehemens austerè acerbus a Eager man and most austerely bitter His affections were wholy Presbyterian and I behold him as one of the best friends of the second Magnitude that party had What he wanted in authority he had in activity on their sides And what influence sometimes the Hands have on the Head I mean Notaries on the Judges themselves at Councell Board others may conjecture He either compiled or countenanced a Book made against the Bishops and the reader may receive a further confirmation of his Character herein from the following Complaint To the Lord Treasurer My singular good Lord I have borne much with M r. Beals intemperate speeches Arch Bishop Whiâ—gift his Letter complaining of Beals insolent carriage towards him unseemly for him to use though not in respect of my self yet in respect of her Majesty whom he serveth and of the laws established whereunto he ought to shew some duty Yesterday he came to my house as it seemed to demand the book he delivered unto me I told him that the book was written to me and therefore no reason why he should require it again especially seeing I was assured that he had a Copie thereof otherwise I would cause it to be written out for him whereupon he fell into very great passions with me which I think was the end of his coming for proceeding in the execution of his Articles c. and told me in effect that I would be the overthrow of this Church and a cause of tumult with many other bitter and hard speeches which I heard patiently and wished him to consider with what spirit he was moved so to say for I said it cannot be by the spirit of God because the spirit of God worketh in men humility patience and love and your words declare you to be very Arrogant proud impatient and uncharitable Moreover the spirit by God moveth men to hear the word of God with meekness c. And you have alomst heard with disdain every sermon preached before her Majesty this lent gibing and jesting openly thereat even in the sermon time to the offence of many and especially at such sermons as did most commended her Majesty and the State and moved the Auditory to obedience which he confessed and justified accusing some of the Preachers of false Doctrine and wrong allegations of Scripture c. Then he began to extol his book and said we were never able to answer it neither for the matter of Divinity not yet of Law I told him as the truth is that there was no great substance in the book that it might be very soon answered and that it did appear neither his Divinity nor Law to be great I further wished him to be better advised of his doings and told him indeed that he was one of the principall causes of the waywardness of divers because he giveth incouragement to divers of them to stand in the matter telling them that the Articles shall be shortly revoked by the Councell and that my hands shall be stopped c which saying is spread abroad already in every place and is the only cause why many forbear to subscribe which is true neither could he deny it All this while I talked with him privately in the upper part of my Gallery my Lord of Winchester and divers strangers being in the other part thereof But M r. Bâ—al beginning to extend his voice that all might hear I began to break off then he being more and more kindled very impatiently uttered very proud and contemptuous speeches in the justifying of his book and condemning of the orders established to the offence of all the hearers whereunto being very desirous to be rid of him I made small answer but told him that his speeches were intolerable that he forgat himself and that I would complain of him to her Majesty whereof he seemed to make small account and so he departed in great heat I am loth to hurt him or to be an accuser neither will I proceed therein further then your Lordships shall think it convenient but I never was abused more by any man at any time in my life then I have been by him since my coming to this place in hardness of speech for doing my duty and for all things belonging to my charge Surely my Lord this talk tendeth only to the increasing of the contention and to the animating of the wayward in their waywardness casting out dangerous speeches as though there were likelihood of sometumult in respect thereof Whereas in truth God be thanked the matter growth to greater quietness then I think he wisheth and will be soon quieted if we be let alone and they not otherwise encouraged It seemeth he is some way discontented and would work his anger no me The tongues of these men tast not of the Spirit of God your Lordship seeth how bold I am to impart unto you my private causes Truly if it were not that my conscience is setled in these matters and that I am fully perswaded of the necessity of these proceedings in respect of the peace of the Church and due observation of Gods laws and that I received great comfort at her Majesties hand as I did most effectually at my last being at the Court and that I were assured to your Lordships constancie in the cause and of your unmoveable good will towards me I should be hardly able to endure so great a burden which now I thank God in respect of the premises seemeth easie unto me neither do I doubt but God will therein prosper me Thus being desirous to impart this matter to your Lordship to whose consideration I leave it I commit you to the tuition of Almighty God John Cantuar. Nor have I ought else to say of this M r. Beal but that afterwards I finde one of his name and quality a Robert Beal Esabque Stow his survey of London pag. 183. dying 1601 and buried in London at Athallows in the wall who by all probability should be the same person Now that the Presbyterian party was not unfriended at the Councell Board but had those there which either out of Dictates of their conscience or reasons of State or reflections on their private interests endeavoured to mitigate the Arch-Bishops proceedings against them Let their ensuing letter to him be perused AFter our hearty commendations to both your Lordships although we have heard of late times sundry complaints out of divers Countries of this Realm of some proceedings against a great number of Ecclesiasticall persons
Bishop elect of Bangor Humphry Tyndall Dean of Ely D r Whitaker Queens professor in Cambridge and others were assembled these after a serious debate and mature deliberation resolved at last on the now Following Articles 1. Deus ab Aeterno Praedestinavit quosdam advitam quosdam reprobavit ad mortem 2. Causa movens aut efficiens Praedestinationis ad vitam non est praevisio Fidei aut Perseverantiae aut bonorum Operum aut ullius rei quae insit in personis praedestinatis sed sola voluntas beneplaciti Dei 3. Praedestinatorum praefinitus certus est numerus qui nec augeri nec minui potest 4. Qui non sunt praedestinati ad salutem necessario propter peccata sua Damnabuntur 5. Vera viva justificans fides spiritus Dei justificantis non extinguitur non excidit non evanescit in Electis aut finaliter aut totalitor 6. Homo vere fidelis id est fidei justificante praeditus certus est plerophoria Fidei de remissione peccatorum suorum salute sempiterna sua per Christum 7. Gratia salutaris non tribuitur non excommunicatur non conceditur universis hominibus qua servari possint si velint 8. Nemo potest venire ad Christum nisi datum ei fuerit nisi pater eum traxerit omnes homines non trabuntur à Patre ut veniant ad filium 9. Non est positum in arbitrio aut Potestate unius cujusque hominis servari 1. God from eternity hath predestinated certain men unto life certain men he hath reprobated 2. The moving or efficient cause of Predestination unto life is not the foresight of faith or of Perseverance or of good works or of any thing that is in the person predestinated but only the good will and pleasure of God 3. There is predetermined a certain number of the predestinate which can neither be augmented or diminished 4. Those who are not predestinated to Salvation shall be necessarily damned for their sins 5. A true living and justifying faith and the spirit of God justifying is not extinguished falleth not away it vanisheth not away in the elect either finally or totally 6. A man truly faithful that is such an one who is endued with a justifying faith is certain with the full assurance of faith of the remission of his sins and of his everlasting salvation by Christ 7. Saving grace is not given is not granted is not communicated to all men by which they may be sav'd if they will 8. No man can come unto Christ unless it shall be given unto him and unless the Father shall draw him and all men are not drawn by the Father that they may come to the Son 9. It is not in the will or power of every one to be saved Matthew Hutton the right Reverend Arch-Bishop of Yorke did also fully and freely in his judgement Concurr with these Divines as may appear by his Letter here inserted ACcepi jam pridem literas tuas Reverendissime Praesul veteris illius Benevolentiae amoris erga me tui plenas in quibus efflagitas opinionem meam de Articulis quibusdam nuper Cantabrigiae agitatis non sine aliqua piorum offensione qui graviter molestéque ferunt Matrem Academiam jam multitudine liberorum quidem doctissimorum florentem ca dissentione filiorum nonnihil contristatem esse Sed ficri non potest quin veniant Offendicula neque desinâ—t immicus homo iâ—ter triticum Zizanta Seminare donec cum Dominus sub pedibus contriverit Legi Articulos relegi dum parerem aliquid de singulis dicerc visum est mihi multo potius de ipsa Electione Repâ—obatione unde iâ—la dissentio orta esse videtur meam sententiam opinionem pau is verbis explicare quam singulis sigillatim respondens sratrum forsitan quorundum animas Quos in veritate diligo exacerbare Meminisse potes ornatissime Antistes cum Cantabrigiae unà essemus et sacras literas in Scholis publicis interpretaremur eandem Regulam seculieam semper fuisse inter nos Consensionem in omnibus Religionis Causis ne minima quidem vel dissentionis vel simultatis suspicio unquam appareret Igitur hoc tempore si judicio Dominationis tuae id quod pingui Minerva scripsi probatum ire intellexero multo mihi minus displacebo Deus te diutissime servet inâ—lumâ—m ut tum Reginae serenissimae toti Regno fidelissimus Consilitarius tum etiam Ecclesiae huic nostrae Anglicanae pastor Vtilissimus multos adhuc â—nnos esse possis Vale è Musaeo meo apud Bishop Thorp Calend Octob. Anno Dom. 1995. 24. The high opinions sâ—me had of these Articles But when these Articles came abroad into the world mens Brains and tongues as since their pens were employed about the Authority of the same and the obedience due unto them much puz'led to finde the new place where rightly to rank them in reputation how much above the results and resolutions of private Divines and how much beneath the Authority of a Provincial Synod Some there that almost equalled their Authenticalness with the Acts a Synod requiring the like Conformity of mens judgements unto them They endeavoured to prove that those Divines met not alone in their private capacities but also representing others alledging this passage in a publick a See it cited at large in our History of Cambridge Anno 1595. letter from Cambridge subscribed with the hands of the Heads of that University We sent up to London by common Consent in November last D r Tyndall and D r Whitakers men especially chosen for that purpose for conference with my Lord of Canterbury and other principal Divines there c. 25. Others value them at a lower rare Others maintain the contrary For grant each man in this conference at Lambeth one of a thousand for Learning and Religion yet was he but one in Power and Place and had no Proxie or deputation the two Cambridge Doctors excepted to appear in the behalf of others and therefore their determinations though of great use to direct could be but of little Authority to conclude and command the consent of others 26. Some flatly condemned both the Articles and Authors of them But a third sort offended with the matter of the Articles thought that the two Arch-Bishops and the rest at this meeting deserved censure for holding an unlawfull Conventicle For they had not express command from the Queen to meet debate and decide such controversies Those of the opopsite party were not solemnly summoned and heard so that it might seem rather a design to crush them then clear the truth The meeting was warranted with no legall Authority rather a private action of Doctor John Whitgift Doctor Matthew Hutton c. then the publick act of the Arch-Bishops of Canterbury and Yorke b Mr Mountague in his appeal pag 55. 56. 71. 72. One goeth further
Private Chappels wherein particular persons claim a propriety of sepulture at their own charges 3. The Chauncel at the expence of the Parson However in all these such respect is had to the custom of the place time out of minde that it often over-ruleth the premisses Quaere Whether the Fences of the Church-yard be to be made on the Parish-charges or on the purse of the several persons whose ground surroundeth it or abutteth on the same * Oblations and Tythes It is a question which I believe will never be decided to the contentment of both Parties in what notion Tythes belong to the Court-Christian 1. The Canonists maintaine That Originally and ex sua natura they are of Ecclesiastical cognizance as commonly avouched and generally believed due Jure Divino Besides such the near relation of the Church and its maintenance that to part the oyl from the lamp were to destroy it They produce also the Confession in the Statute of the first of Richard the second That pursuit for Tythes ought and of ancient time did pertain to the Spiritual Court 2. The Common-Lawyers defend That Tythes in their own nature are a civil thing and therefore by Britton who being Bishop of Heresord and learned in the Laws of this Realm was best qualified for an unpartial Judg herein omitted when treating of what things the Church hath cognizance They * Bracton lib. 5. fol. 401. affirm therefore that Tythes were annexed to the Spirituality Thus they expound those passages in Statutes of Tythes anciently belonging to Court-Christian as intended by way of concession and not otherwise But the Canonists are too sturdy to take that for a gift which they conceive is their due left thanks also be expected from them for enjoying the same and so we leave the question where we found it 27. Mortuary Because something of history is folded up in this word which may acquaint us with the practice of this age we will enlarge a little hereon and shew what a Mortuary was when to be paid by whom to whom and in what consideration 1. A Mortuary a Linwood Constit lib. 1. fol. 11. c. de Consuetudine was the second best quick cattel whereof the party died possessed If he had but two in all such forsooth the charity of the Church no Mortuary was due from him 2. It was often bequeathed by the dying but however alwayes payed by his Executors after his death thence called a Mortuary or Corse-present 3. By whom No woman under Covert-Baron was lyable to pay it and by proportion no children unmarried living under their Fathers tuition but Widows and all possessed of an Estate were subject to the payment thereof 4. To whom It was paid to the Priest of the Parish where the party dying received the Sacrament not where he repaired to prayers and if his house at his death stood in two Parishes the value of the Mortuary was to be divided betwixt them both 5. It was given in lieu of small or personal Tythes Predial Tythes are too great to be casually forgotten which the party in his life-time had though ignorance or negligence not fully paid But in case the aforesaid Mortuary fell far short of full satisfaction for such omissions Casuists maintain the dying party obliged to a larger restitution So much of Mortuaries as they were generally paid at the present until the time of Henry the sixth when learned Linwood wrote his Comment on that Constitution How Mortuaries were after reduced to a new regulation by a Statute in the twenty first of Henry the eighth pertains not to our present purpose 28. For laying violent hands on a Priest The Ecclesiastical Judg might proceed ex officio and pro salute animae punish the offender who offered violence to a Priest but dammages on Action of Battery were onely recoverable at Common-Law Note that the arresting of a Clergy-man by Process of Law is not to be counted a violence 29. And in cause of Defamation Where the matter defamatory is spiritual as to call one Heretick or Schismatick c. the plea lay in Court-Christian But defamations with mixture any matter determinable in the Common-Law as Thief Murderer c. are to be traversed therein 30. Defamation it hath been granted From this word granted Common-Lawyers collect let them alone to husband their own right that originally defamations pertained not to the Court-Christian From the beginning it was not so until the Common-Law by Acts of Parliament granted and surrendred such suits to the Spirituality 31. Thus by this Act and Writ of Circumspectè agatis No end can end an everlasting difference King Edward may seem like an expert Artist to cleave an hair betwixt the spiritual and temporal jurisdiction allowing the premisses to the former and leaving whatever is not specified in this Act to the Cognizance of the Common-Law according to the known and common Maxime Exceptio firmat regulam in non exceptis However for many years after there was constant heaving and shoving betwixt the two Courts And as there are certain lands in the Marches of England and Scotland whilest distinct Kingdomes termed Battable-grounds which may give for their Motto not Dentur justiori but Dentur fortiori for alway the strongest sword for the present possessed them So in controversial cases to which Court they should belong sometimes the Spirituality sometimes the Temporality alternately seized them into their Jurisdiction as power and favour best befriended them See more hereof on Articuli Cleri in the Reign of Edward the second But generally the Clergie complained that as in the blending of liquors of several colours few drops of red will give tincture to a greater quantity of white so the least mixture of Civil concernment in Religious matters so discolourated the Christian candor and purity thereof that they appeared in a temporal hue and under that notion were challenged to the Common-Law Sad when Courts that should be Judges turn themselves Plaintiffs and Defendents about the bounds of their Jurisdiction 32. We long since mentioned the first coming in of the Jews into England brought over by William the Conqueror and now are come this year to their casting out of this Kingdome A transition to the entire story of our English Jews having first premised some observables concerning their continuance therein 1290. If hitherto we have not scattered our History with any discourse of the Jews 18. know it done by design that as they were enjoyned by our Laws to live alone in streets by themselves not mixing in their dwellings with Christians so we purposely singled out their story and reserved it by it self for this one entire relation thereof 33. They were scattered all over England Their principal residence in London In Cambridg Bury Norwich Lin Stanford Northampton Lincoln York and where not But their principal aboad was in London where they had their Arch-Synagogue at the North corner of the Old-Jury as opening
cruell to cast off were sent by their Masters to such Abbeys where they had plentifull food during their lives Now though some of those Corrodies where the property was altered into a set summe of money was solvable out of the Exchequer after the dissolution of Abbeys yet such which continued in kinde was totally extinct and no such Diet hereafter given where both Table and House were overturned The Premisses proved by instance in the Family of the Berkeleys THe Noble Family of the Berkeleys may well give an Abbots Mitre for the Crest of their Armes because so loving their Nation and building them so many Synagogues Hence it was that partly in right of their Auncestors partly by their Matches with the Co-heirs of the Lord Mowbray and Seagrave in the Vacancies they had a right of Nomination of an Abbot in following Foundations Place Founder Order Value 1. St. Augustines in Bristoll 2. Burton Laus in Leicester shire 3. Byland or Bella-Launda in York sh 4. Chancomb in Northhampton shire 5. Combe in Warwick shire 6. Croxton in Leicester shire 7. Edworth in the Isle of Axholme in Lincoln-shire 8. Fountains 9. Kirkby in Leicestershire 10. Newburge in Yorkshire 1. Robert Fitz-Harding whose posterity assumed the name of Berkeley 2. The Lord Mowbray in the Reign of K. Henry the first 3. Robert de Mowbray Gonnora his Mother 4. Hugh de Anaf Kn t in the time of the Conq. whose Son Robert took the name of Chaâ—comb Annabisia his daughter was married to Gilbert Lord Seagrave 7. Tho Mowbray Earl of Notingham in the Reign of K. Rich. the 2. to which the Mowbrays were grand Benefactors 9. Roger de Beller who held this Manour of the Lord Mowbray 1. Black Canons of the Order of S. Victor 2. Leprous people professing the Order of S. Augustine 6. Premonstratentian Monks 7. Carthusians 9. Canons Regular of S. Augustine l. s. d. ob q. 767.15.3.0.0 458.19.11.1.1 7.290.14 178.7.10 0 1 What shall I speak of the small Houses of Longbridge and Tintern in Gloucestershire not mentioned in Speed the Hospitals of S. Katharine and Mary Maudlins neer Bristol the well endowed Schoole of Wotton Underhedge in Glocester shire besides forty Chanteries founded by the Berkeleys yea I have read in a Manuscript belonging unto them no lesse judiciously than industriously composed by Mr. John Smith who did and received many good offices to and from that Family as is mutually confessed that the forenamed Abbeys and others held of the Lord Berkeley at the dissolution no fewer than eighty Knights fees and payed services unto them accordingly all which are now lost to the value of ten thousand pounds within the compasse of few years 2. Nor will it be amisse to insert Rob. Derby last Abbot of Croxton that Robert Derby the last Abbot of Croxton was presented thereunto April 22. the 26 of King Henry the eighth by Thomas the sixt of that name Lord Berkeley the place being void by the death of one Atter cliffe belonging to his presentation by inheritance And in the Record he commandeth the Prior and Convent to receive and obey him as Abbot Ingratitude to their Founders a grand fault in many Abbeys INgratitude is the abridgement of all basenesse If unthankfull all bad a fault never found unattended with other vitiousness This is justly charged on the account of many Abbeys whose stately structures grew so proud as to forget the Rock whence they were Hewen and the Hole of the Pit whence they were digged unthankfull to such Founders who under God had bestowed their maintenance upon them 2. One instance of many Great bounty Vast was the liberality of the Lord Berkeleys to S. Austins in Bristoll leaving themselves in that their large Estate not one Rectory to which they might present a Chaplaine all the Benefices in their numerous Manours being appropriated to this and other Monasteries Now see the Requitall 3. Maurice Ill required the first of that name Lord Berkeley having occasion to make the ditch about his Castle the broader for the better fortifying thereof took in some few feet of ground out of Berkeley Church-yard which Church with the Tithes thereof his Ancestors had conferred on the aforesaid Monastery The Abbot beholding this as a great trespasse or rather as a little sacriledge so prosecuted the aforesaid Lord with Church-censures that he made him in a manner cast the dirt of the ditch in his own face inforcing him to a publick confession of his fault and to give Five shillings rent for ever with some Tithes and Pasture for as many Oxen as would till a Plow-land by the words of his Will Pro emendatione culpa meae de fossato quod feci de Coemiterio de Berkeley circa castellum meum 4. I know it will be pleaded for the Abbot that there is as much right in an inch as in an ell Summum jâ—â— that he was a Fiduciary intrusted to defend the rights of his Covent that Founders Heirs are not priviledged to doe injuries yea they of all persons most improper to take back what their Ancestors have given However the Lords incroachment on the Church-yard being in a manner done in his own defence the thing in it self so small and the merit of his Ancestors so great to that Abbey might have met with that meeknesse which should be in the brests of all Spirituall persons to abate his rigorous prosecution against him 5. Thomas the first Lord Berkeley of that name Another instance of ingratitude found little better usage from the Abbot of S. Austines though he had formerly besides confirmation of many Lands conferred on that Convent pasture for Twenty four Oxen discharging also their Lands lying within certain of his Manours from all Services and Earthly demands onely to remember him and his in their prayers yet did that Abbot and Convent implead him before the Popes Delegates for Tythes of Paunage of his Woods for Tythes of his Fishing and of his Mills The Lord removed the Suit to Common Law as challenging the sole power to regulate Modum Dicimandi And now when all was ready for a Tryall before the Judge irinerant at Gloucester it was compounded by Friends on such Terms as the Abbot in effect gained his desire 6. Indeed A cause of their â—uine so odious and obvious was the unthankfulnesse of some Convents that it is reputed by some the most meritorious Cause of their Dissolution and their doing things without and against the Will of their Founders is instanced in the * For the dissolution of Chanteries Colledges 37 of Hen. 8. cap. 4. An overwise conceit Statute as a main Motive to take them away 7. Some who pretend to a Prometheus wit fondly conceive that the Founders of Abbeys might politickly have prevented their dissolution had they inserted a provision in their Foundations That in case Abbey Lands should be alienated to other uses against or besides the Owners intents then such
contemners of learning in the countries abroad do fret against it which in truth doth the more commend it the dissolution of it would breed triumph to the adversary and great sorrow and gries to the favourers of religion contrary to the counsell of Ezekiel 13. 18. who saith Cor justi non est contristandum and although some have abused this good and necessary exercise there is no reason that the malice of a few should preâ—udice all Abuses may be re formed and that which is good may remain neither is there any just cause of offences to be taken if diverse men make divers sences of one sentence of scripture so that all the senses be good and agreeable to the analogie and proportion of faith for otherwise we must needs condemne all the ancient Fathers and divers of the Church who most commonly expound one and the same text of scripture diversly and yet all to the good of the Church and therefore doth Basil compare the scriptures to a well out of which the more a man draweth the better and sweeter is the water I trust when your Majesty hath considered and weighed the premises you will rest satisfied and judge that no such inconveniences can grow oâ— such exercises as these as you have been informed but rather the clean contrary and for my own part because I am well assured by reasons and also by arguments taken out of the holy scriptures by experience the most certain seal of sure knowledge that the said exercises for the interpretation and exposition of the scriptures and for the exhortation and comfort drawn out of the same are both profitable to encrease knowledge amongst ministers and tendeth to the edifying of the hearers I am inforced with all humility and yet plainly to profess that I cannot with safe conscience and without the ofence of the Majesty of God give mine assent to the suppressing of the said exercises much less can I send out any injunction sor the utter and universall subversion of the same I say with S. Paul I have no power to destroy but only to edifie and with the same Apostle I can do nothing against the truth but with the truth If it be your Majesties pleasure for this or any other cause to remove me out of this place I will with all humility yield thereunto and render again unto your Majesty that which I have received of the same I consider with myself quod terrendum est incidere in manus Dei viventis I consider also quod qui facit contra conscientiam divinis in rebus aedificat ad gehennam And what shall I win if I gained I will not say a Bishoprick but the whole world and lose my own soul Beare with me I beseech you Madam if I chuse rather to offend your earthly Majesty then to offend the heavenly Majesty of God And now being sorry that I have been so long and tedious to your Majesty I will draw to an end most humbly praying the same that you would consider these short petitions following The first that you wound referr all these Ecclesiasticall matters which touch religion or the Doctrine or Discipline of the Church unto the Bishops and Divines of the Church of your Realm according to the example of all Christian Emperours and Princes of all Ages for indeed they are to be judged as an ancient Father writeth in Ecclesia seu Synodo non in Palatino When your Majesty hath questions of the laws of your Realm you do not decide the same in your Court or Palace but send them to your judges to be determined Likewise for the duties in matters in Doctrine or Discipline of the Church the ordinary way is to defer the decision to the Bishops and other head Ministers of the Church Ambrose to Theodosius useth these words Si de causis pecuniarijs comites tuos consulis quanto magis in causa religionis sacerdotes Domini aequum est consulas And likewise to the Emperour Valentinian Epist 32. Si de fide conferendum est Sacerdotum debet esse just collatio si enim factum est Constantino Augustae memoriae principi qui nullas leges ante praemisit sed liberum dedit judicium Sacerdotis And in the same place the same Father saith that Constantius the Emperour son to Constantine the great began well by reason he followed his Fathers steps at the first but ended ill because he took upon him difficile intra Palatinum judicare and thereby fell into Arianisme a terrible example The said Ambrose so much commended in all histories for a godly Bishop goeth further and writeth to the said Emperour in this forme Si docendus est episcopus à laico quid sequitur laicus ergo disputet Episcopus audiat à laico At certè si vel scripturarum seriem divinarum vel vetera tempora retractemus quis est qui abundat in causa fidei inquam fidei episcopos solere de Imperatoribus christianis non imperatores de episcopis judicaâ—e Would God your Majesty would follow this ordinary you should procure to your self much quietness of minde and better please God avoid many offences and the Church should be more peaceable and quietly governed much to the comfort and quietness of your Realm The second petition I have to make to your Majesty is this that when you deal in matters of faith and religion or matters that touch the Church of Christ which is the Spouse bought with so dear a price you would not use to pronounce so resolutely and pèremptorily quasi ex authoritate as you may do in civill and extern matters but always remember that in Gods cause the will of God and not the will of any earthly creature is to take place It is the antichristian voice of the Pope Sic volo Sic jubeo stet pro ratione voluntas In Gods matters all Princes ought to bow their Septers to the Son of God and to ask counsell at his mouth what they ought to doe David exhorteth all Kings and Rulers to serve God with fear and trembling Remember Madam that you are a mortall creature look not only as was said to Theodosius upon the people and princely array wherewith you are apparrelled but consider withall what it is that is covered therewith Is it not flesh and blood is it not dust and ashes is it not a corruptible body which must return to her earth again God knoweth how soon Must you not one day appear ante tremendum tribunal crucifixi ut recipias ibi prout gesseris in corpore sive bonum sive malum 2 Cor. 5. And although you are a mighty Prince yet remember that he that dwelleth in heaven is mightier as the Psalmist saith 76. Terribilis est is qui aufert spiritum principum terribilis super omnes reges Wherefore I beseech you Madam in visceribus Christi when you deal in these religious causes set the Majesty of God before your eyes laying all earthly
so to mislike as written in a Romish stile smelling of a Romish inquisition c. I cannot but greatly marvell at your Lordships vehement speeches against them I hope without cause The men are Preachers peaceable your Lordship saith and that they are orderly and observe the Books as some of them say of themselves and you think it not meet that being such persons they should be deprived for not subscribing only wherein I have yielded unto you and therefore have caused these Articles to be drawn according to Law by the best learned in the Laws who I dare say hate the Romish doctrine and the Romish inquisition to the intent I may truly understand whether they are such manner of men or no as they pretend to be which I also take to be the ordinary course in other Courts as in the Sar-Chamber and other places Sure I am it is most usuall in the Court of the Marches Arches rather whereof I have the best experience And without offence be it spoken I think these Articles more tolerable and better agreeing with the rule of justice and charity and less captious then those in other Courts because there men are often examined at the relation of a private man concerning private crimes de propriâ turpitudinê whereas here men are only examined of their publick actions in the publick calling and Ministry and much more in the cause of Heresie because the one toucheth life and the other not And therefore I see no cause why our Judiciall and Canonicall proceedings in this point should be misliked Your Lordship writeth that the two for whom you write are peaceable persons that they deny the things wherewith they are charged and desire to be tried c. Now they are to be tried why do they refuse it Qui malè agit odit Lucem Indeed they shew themselves to be such as I have before shewed to your Lordship the most troublesome persons in all that Countrey and one of them M r Brown is presented for his disorders by the sworn men of the parish as I am informed by the Official there Wherefore I beseech your Lordship not to believe them against me either own words or testimony of any such as animate them in their disobedience and count disorder order and contention peace before they be duly and orderly tried according to that Law which is yet in force and will hardly in my opinion in these Judicial actions be bettered though some abuse may be in the Execution thereof as there I elsewhere also and that peradventure more abundantly Your Lordship saith these Articles are a device rather to seek for offenders then to reform any The like may be said of the like orders in other Courts also but that were the fault of the Judg not of the Law And I trust your Lordship hath no cause to think so evil of me I have not dealt with any as yet but such as have given evident tokens of contempt of Orders and Laws which my Acts remaining on Record will testifie and though the Register do examin them as I think other officers do in other Courts likewise and the Law doth allow of it yet are they repeated before a Judg where they may reform add or diminish as they think good neither hath there been any man thus examined or otherwise dealt with who hath not been conferred with or might not have been if he would these two especially And if they have otherwise reported to your Lordship they do but antiquum obtinere which is to utter untruths a quality wherewith these kinde of men are marvelously possessed as I on my own knowledge and experience can justifie against divers of them I know your Lordship desireth the peace of the Church and unity in Religion but how is it possible to be procured after so long liberty and lack of discipline if a few persons so meanly qualified as most of them are shall be countenanced against the whole estate of the Clergie of greatest account both for learning years stayedness wisdom Religion and honesty And open breakers and impugners of the Law yong in years proud in conceit contentious in disposition maintained against their Governours seeking to reduce them to order and obedience Haec sunt initia haereticorum ortus atque conatus Schismaticorum malè cogitantium ut sibi placeant ut praepositum superbo tumore contemnant sic ab Ecclesia receditur sic altare profanum collocatur foris sic contra pacem Christi ordinationem atque unitatem Dei rebellatur for my own part I neither have done nor do any thing in this matter which I do not think in my conscience and duty I am bound to do which her Majestie hath with earnest charge committed unto me and which I am not well able to justifie to be most requisite for this State and Church whereof next to her Majestie though most unworthy or at least most unhappy the chief is committed unto me which I will not by the grace of God neglect whatsoever come upon me Therefore I neither care for the honour of the place which is onus to me nor the largeness of the Revenues nor any other worldly thing I thank God in respect of doing my duty neither do I fear the displeasure of man nor the evil tongues of the uncharitable who call me Tyrant Pope Knave and lay to my charge things which I never thought Scio hoc enim opus esse diabolt ut servos Dei mendacio laceret opinionibus falsis gloriosum nomen infamet ut qui conscientiae suae luce clarescunt alienis rumoribus sordidentur So was Cyprian himself used and other ancient and Godly Bishops to whom I am not comparable The day will come when all mens hearts shall be opened in the mean time I will depend on him who never forsakes those that put their trust in him If your Lordship shall keep those two from answering according to the order set down it will be of it self a setting at liberty of all the rest and of undoing of all that which hitherto hath been done neither shall I be able to do my duty according to her Majesties expectation And therefore I beseech your Lordship to leave them unto me I will not proceed against them till I have made you privy to their answers and further conferred with you about them because I see your Lordship so earnest in their behalf whereof also they have made publick boasts as I am informed which argueth what manner of persons they are I beseech your Lordship to take not onely the length but also the matter of this Letter in good part and to continue to me as you have done whereof I doubt not for assuredly if you forsake me which I know you will not after so long triall and experience with continuance of so great friendship especially in so good a cause I shall think my coming to this place to have been for my punishment and my hap
according to their intentions which here are interpretable according to other Mens inclinations The Archbishops adversaries imputed this not to his charity but policy Fox-like preying farthest from his own den and instigating other Bishops to doe more than he would appear in himself As for his own Visitation-Articles some complained they were but narrow as they were made and broad as they were measured his under-officers improving and enforcing the same by their enquiries beyond the letter thereof 42. Many complain that Mans badness took occasion to be worse Licentiousness increaseth under the protection of these sports permitted unto them For although liberty on the Lords-day may be so limited in the notions of learned men as to make it lawfull it is difficult if not impossible so to confine it in the actions of lewd people but that their liberty will degenerate into licentiousness 43 Many moderate Men are of opinion Conceived by some a concurring cause of our civil Warrs that this abuse of the Lords day was a principall procurer of Gods anger since poured out on this land in a long and bloody civil war Such observe that our fights of chief concernment were often fought on the Lords-day as pointing at the punishing of the profanation thereof Indeed amongst so many battells which in ten yeers time have rent the bowels of England some on necessity would fall on that day seeing we have be-rubrick'd each day in the week almost in the yeer with English blood and therefore to pick a solemne providence out of a common-casualty savours more of curiosity than conscience Yeâ— seeing Edge-hill-fight which first brake the peace and made an irreconcileable breach betwixt the two parties was fought on that day and some battells since of greatest consequence there may be more in the observation than what many are willing to acknowledge But whatsoever it is which hence may be collected sure I am those are the best Christians who least censure others and most reform themselves 44. But here it is much to be lamented A sad alteration that such who at the time of the Sabbatarian controversie were the strictest observers of the Lords-day are now reeled by their violence into another extreme to be the greatest neglecters yea contemners thereof These Transcendents accounting themselves mounted above the Predicament of common piety averr they need not keep any because they keep all days Lords-dayes in their elevated holinesse But alas Christian duties said to be ever done will prove never done if not sometimes solemnly done These are the most dangerous Levellers equalling all times places and persons making a generall confusion to be Gospell-perfection Whereas to speak plainly we in England are rebus sic stantibus concerned now more strictly to observe the Lords-day than ever before Holy-daies are not and Holy-eves are not and Wednesday and Friday-Letanies are not and Lords-day eves are not and now some out of errour and others out of profaneness goe about to take away the Lords-day also all these things make against Gods solemn and publique service Oh let not his publique worship now contracted to fewer chanells have also a shallower stream But enough of this subject wherein if I have exceeded the bounds of an Historian by being to large therein such will pardon me who know if pleasing to remember that Divinity is my proper profession 45. At this time miserable the maintenance of the Irish Clergy Irish impropriations restored where Scandalous means made Scandalous Ministers And yet a Popish Priest would grow fat in that Parish where a Protestant would be famished as have not their lively-hood on the oblations of those of their own Religion But now such Impropriations as were in the Crown by the King were restored to the Church to a great diminution of the Royall-Revenew though his Majesty never was sensible of any loss to himself if thereby gain might redound to God in his Ministers Bishop Laud was a worthy Instrument in moving the King to so pious a work and yet this his procuring the restoring of Irish did not satisfy such discontented at his obstructing the buying in of English Impropriations thus those conceived to have done hurt at home will hardly make reparations with other good deeds at distance 46. A Convocation concurrent with a Parliament was called and kept at Dublin in Ireland The 39 Articles received in Ireland wherein the 39. Articles of the Church of England were received in Ireland for all to subscribe unto It was adjudged fit seeing that Kingdome complies with England in the Civill government it should also conform thereto in matters of Religion Mean time the Irish Articles concluded formerly in a Synode 1616. wherein Arminianisne was condemned in terminis terminantibus and the observation of the Lords day resolved jure Divine were utterly excluded 47. A Cardinals-Cap once and again offered by the Pope Bishop Laud refuseth a Cardinalls-Cap to Bishop Laud was as often refused by him The fashion thereof could not fit his Head who had studied and written so much against the Romish Religion He who formerly had foiled the Fisher himself in a publick disputation would not now be taken with so filly a bait but accquainted the King therewith timuit Roman vel donaferentem refusing to receive anything from Rome till she was better reformed 48. Doctor William Juxon Bishop of London March 6 1635 Bishop Juxon made Lord Treasurer was by Bishop Lauds procurement made Lord Treasurer of England entring on that Office with many and great disadvantages Anno Dom. 1635 Anno Regis Caroli 10 First because no Clergy-man had executed the same since William Grey Bishop of Ely almost two hundred yeare agoe in the raign of King Edward the fourth Secondly because the Treasury was very poor and if in private houses bare walls make giddy Hous-wives in Princes Palaces empty Coffers make unsteady Statesmen Thirdly because a very Potent I cannot say Competitor the Bishop himself being never a Petitor for the Place but desirer of this Office was frustrated in his almost assured expectation of the same to himself 49. However so discreet his carriage in that place His comendable carriage it procured a generall love unto him and politick malice despairing to bite resolved not to bark at him He had a perfect command of his passion an happiness not granted to all Clergy-men in that age though privy-Counsellors slow not of speech as a defect but to speak out of discretion because when speaking he plentifully payed the principall and interest of his Auditors expectation No hands having so much money passing thorough them had their fingers less soiled there with It is probable his frugality would have cured the consumption of the Kings Exchequer had not the unexpected Scotch commotion put it into a desperate relapse In this particular he was happy above others of his order that whereas they may be said in some sort to have left their Bishopricks