administration of Justice amongst his people at common times it is naked and plain but when the King is expected it is clothed with blew-purple Velvet semied with flowers de lys on each side of it are two formes or benches where the Peers of both habits both Ecclesiasticall and Secular use to fit and accompany the King But this is little to the ease or benefit of the Subject and as little availeable to try the integrity of the Judges his presence being alwayes foreknown and so accordingly they prepared Far better then is it in the Grande Signeur where the Divano or Councell of the Turkish affairs holden by the Bassas is hard by his bed-chamber which looketh into it the window which giveth him this entervenue is perpetually hidden with a curtain on the side of the partition which is towards the Divano so that the Bassas and other Judges cannot at any time assure themselves that the Emperor is not listning to their sentences an action in which nothing is Turkish or Mahometan The authority of this Court extendeth it self unto all causes within the jurisdiction of it not being meerly ecclesiasticall It is a law unto it self following no rule written in their sentences but judging according to equity and conscience In matters criminall of greater consequence the processe is here immediately examined without any preparation of it by the inferior Courts as at the arraignment of the Duke of Biron and divers times also in matters personall But their power is most eminent in disposing the affaires of State and of the Kingdome For such prerogatives have the French Kings given hereunto that they can neither denounce War nor conclude Peace without the consent a formall one at the least of this Chamber An alienation of the Lands of the Crown is not any whit valid unlesse confirmed by this Court neither are his Edicts in force till they are here verified nor his Letters Patents for the creating of a Peer till they are here allowed of Most of these I confesse are little more then matters of form the Kings power and pleasure being become boundlesse yet sufficient to shew the body of authority which they once had and the shadow of it which they still keep yet of late they have got into their disposing one priviledge belonging formerly to the Conventus ordinum or the Assembly of three Estates which is the conferring of the regency or protection of their King during his minority That the Assembly of the three Estates formerly had this priviledge is evident by their stories Thus we finde them to have made Queen Blanche Regent of the Râ—…alm during the nonage of her son St. Lewis 1227. That they declared Philip de Valois successor to the Crown in case that the widow of Charles le bâ—…l was not delivered of a son 1357. As also Philip of Burgogne during the Lunacy of Charles VI. 1394. with divers other On the other side we have a late â—…xample of the power of the Parliament of Paris in this very case For the same day that Henry IV. was 〈◊〉 by Ravilliae the Parliament met and after a short consultation declared Mary de Mâ—…dices Mother to the King Regent in France for the government of the State during the minority of her son with all power aâ—…d authority Such are the words of the Instrument Dated the 14 of May 1â—…10 It cannot be said but that this Câ—…urt deserveth not only this but also any other indulgence whereof any one 〈◊〉 of the Common-wealth is câ—…pable So watchfull are they over the health of the State and so tenderly do they take the least danger threatned to the liberty of that Kingdom that they may not unjustly be called patres patriae In the year 1614. they seized upon a discourse written by Suarez a Jesuite Entituled Adversus Anglicanae sectae errores wherein the Popes temporall power over Kings and Princes is averred which they sentenced to be burnt in the Palace-yard by the publick hangman The year before they inâ—…cted the same punishment upon a vain and blasphemous discourse penned by Gasper Scioppius a fellow of a most desperate brain and a very incendiary Neither hath Bellarmine himself that great Atlas of the Roman Church escaped much better for writing a book concerning the tâ—…mporall power of his Holinesse it had the ill luck to come into Paris where the Parliament finding it to thwart the liberty and royalty of the King and Countrey gave it over to the Hangman and he to the fire Thus it is â—…vident that the titles which the French writers give it as the true Temple of French Justice the â—…uttresse of equity and the gardian of the rights of France and the like are abundanâ—…ly deserved â—… it The next Chamber in esteem is the Tournelle which handleth all matters criminall It is so called from tourner which 〈◊〉 to change or alter because the Judges of the other severall chambers give sentence in this according to their severall turns the reason of which institution is said to be lest a continuall custome of condemning should make the Judges lesse mercifull and more prodigall of bloud an order full of health and providence It was instituted by the above named Philip de bel at the same time when he made the Parliament sedentarie at Paris and besides its peculiar and originall imployments it receiveth appeals from and redresseth the errors of the Provost of Paris The other five Chambers are called Des Enquestes or Camerae inquâ—…sitionum the first and antientest of them was erected also by Philip le bel and afterwards divided into two by Charles VII Afterwards the multitude of Processes being greater then could be dispatched in these Courts there was added a third Francis the first established the fourth for the better raising of a sum of money which then he wanted every one of the new Counsellors paying right deerly for his place The fifth and last was sounded in the year 1568. In each of these severall Chambers there are two Presidents and 20 Counsellors besides Advocates and Proctours ad placitum In the Touâ—…nelle which is an aggregation of all the other Courts there are supposed to be no sewer then 200 officers of all sorts which is no great number considering the many causes there handled In the Tournelle the Judges sit on life and death in the Chamber of Enqâ—…s they examine only civill 〈◊〉 of estate title debâ—… or the like The pleaders in these Courts are called Advoâ—…ates and must be at the least 〈◊〉 in the study of the Law At the Parliaments of 〈◊〉 and 〈◊〉 they admit of none but Doctors Now the 〈◊〉 of admitting them is this In an open and frequeâ—…t Court one of the aged'st of the Long roab presenteth the party which desireth admission to the Kings Attorney generall saying with a loud voice Paise a cour recevoir N. N. 〈◊〉 or Docteur en droict civil a la office a' Advocate This said the Kings Attorney biddeth him hold up
in all cauâ—…es as well Ecclesiasticall as Civill Having taken consideration of the said Canons and Constitutions thus drawn as asoresaid do by these deputies ratifie confirme and approve thereof And farther we out of our Princely power and regall authority do by these Parents signed and sealed with our royall Signet for us our heirs and successors will with our royall hand and command that these Canons and Constitutions hereafter following shall from henceforth in all points be duly observed in our said Isle for the perpetuall government of the said Isle in causes Ecclesiasticall unlesse the same or some part or parts thereof upon further experience and tryall thereof by the mutuall consent of the Lord Bishop of Winton for the time being the Governour Bailiffs and Jurates of the said Isle and of the Dean and Ministers and other our Officers in the said Isle for the time being representing the body of our said Isle and by the royall authority of us our heirs and successors shall receive any additions or alterations as time and occasion shall justly require And therefore we do farther will and command the said Right reverend father in God Lancelot now Lord Bishop of Winton that he do forthwith by his Commission under his Episcopall seal as Ordinary of the place give authority unto the said now Dean to exercise Ecclesiasticall jurisdiction in our said Isle according to the said Canons and Constitutions thus made and established as followeth Canons and Constitutions Ecclesiasticall treated agreed on and established for the Isle of Jarsey CHAP. I. Of the Kings Supremacy and of the Church Article I. 1. AS our duty to the Kings most excellent Majesty requireth it is first ordained That the Dean and Ministers having care of souls shall to the utmost of their power knowledge and learning purely and sincerely without any backwardnesse or dissimulation teach publish and declare as often as they may and as occasion shall present it self that all strange usurped and forain power for as much as it hath no gound by the law of God is wholly as for just and good causes taken away and abolished and that therefore no manner of obedience or subjection within any of his Majesties Realms and Dominions is due unto any such forain power but that the Kings power within his Realms of England Scotland and Ireland and all other his Dominions and Countries is the highest power under God to whom all men as well inhabitants as born within the same do by Gods Law owe most loyalty and obedience afore and above all other power and Potentates in the earth II. 2. Whosoever shall affirme and maintain that the Kings Majesty hath not the same authority in causes Ecclesiasticall that the godly Princes had amongst the Jews and the Christian Emperours in the Church primitive or shall impeach in any manner the said Supremacy in the said causes III. IV. 3. Also whosoever shall affirme that the Church of England as it is established under the Kings Majesty is not a true and Apostolicall Church purely teaching the 〈◊〉 of the Prophets and Apostles 4. Or shall impugne the Government of the said Church by Archbishops Bishops and Deans affirming it to be Antichristian shall be 〈◊〉 facto Excommunicated and not restored but by the Dean sitting in his Court after his repentance and publick reâ—…antation of his errour CHAP. II. Of Divine Service Article I. 1. IT is in joyned unto all sorts of people that they submiâ—… themselves to the Divine service contained in the book of Cnmmon-prayers of the Church of England And for as much as concerns the Ministers that they observe with uniformity the said Liturgie without addition or alteration and that they suffer not any 〈◊〉 or 〈◊〉 to make a sect apart by themselves or to distract the Government Ecclesiasticall established in the Church II. 2. The Lords day shall be sanctified by the exercises of publick prayer and the hearing of Gods word Every one also shall be bounden to meet together at an hour convenient and to observe the order and decency in that case requisite being attentive to the reading or preaching of the Word kneeling on their knees during the Prayers and standing up at the Belief and shall also testifie their consent in saying Amen And further during any part of Divine service the Church-wardens shall not suffer any interruption or impeachment to be made by the insolence and practice of any person either in the Church or Church-yard III. 3. There shall be publick exercise in every Parish on Wednesdays and Fridays in the morning by reading the Common prayers IV. 4. When any urgent occasion shall require an extraordinary Fast the 〈◊〉 with the advice of his Ministers shall give notice of it to the Governour and Civill Magistrate to the end that by their authority and consent it may be generally observed for the appeasing of the wrath and indignation of the Lord by true and serious repentance CHAP. III. Of Baptism THe Sacrament of Baptism shall be administred in the Church with fair water according to the institution of Jesus Christ and without the limitation of any dayes No man shall delay the bringing of his child to Baptism longer then the next Sunday or publick Assembly if it may conveniently be done No person shall be admitted to be a Godfather unlesse he hath received the Lords Supper nor shall women alone viz. without the presence of a 〈◊〉 among them be admitted to be Godmothers CHAP. IV. Of the Lords Supper Article I. 1. THe Lords Supper shall be administred in every Church four times a year whereof one to be at Easter and the other at Christmas and every Minister in the administration of it shall receive the Sacrament himself and after give the Bread and wine to each of the Communicants using the words of the 〈◊〉 of it II. 2. The Masters and Mistresses of Families shall be admonished and enjoyned to cause their children and Servants to be instructed in the knowledge of their salvation and to this end shall take care to send them to the ordinary Catechizing CHAP. V. Of Marriage Article I. 1. NO man shall marry contrary to the degrees prohibited in the word of God according as they are expressed in a table made for that purpose in the Church of England on pain of nullity and censure II. 2. The Banes of the parties shall be asked three Sundays successively in the Churches of both parties and they of the Parish where the Marriage is not celebrated shall bring an attestation of the bidding of their Banes in their own Parish Neverthelesse in lawfull cases there may be a Licence or dispensation of the said Banes granted by the authority of the Dean and that upon good caution taken that the parties are at liberty III. 3. No separation shall be made a thoro mensa unlesse in case of Adultery cruelty and danger of life duly proved and this at the sole instance of the parties As for the maintenance of the
sinister opinion conceived of the free use of it in England The innocence and harmelesnesse of it amongst us The impostures of French Pandars in London with the scandall thence arising The peccancy of an old English Doctor More of the French Women Their Marriages and lives after wedlock c. An Elogie to the English Ladies p. 41. CHAP. III. France described The valley of Montmorancie and the Dukes of it Mont martre Burials in former times not pe mitted within the wals The prosâ—…cuting of this discourse by manner of a journall intermitted for a time The Town and Church of St. Denis The Legend of him and his head Of Dagobert and the Leâ—…er The reliques to be seen there Martyrs how esteemed in St. Augustine's time The Sepulchres of the French Kings and the treasury there The Kings house of Madrit The Qeen Mothers house at Ruall and fine devices in it St. Germains en lay another of the Kings houses The curious painting in it Gorramburie Window the Garden belonging to it and the excellency of the Water-works Boys St. Vincent de Vicennes and the Castle called Bisester p. 50. CHAP. IV. Paris the names and antiquity of it The situation and greatnesse The chief strength and Fortifications about it The streets and buildings King James his laud ble care in beautyfying London King Henry the fourths intent to fortifie the Town Why not actuated The Artifices and wealth of the Parisians The bravery of the Citizens described under the person of a Barber p. 64. CHAP. V. Paris divided into four parts Of the Fauxburgs in generall Of the Pest house The Fauxburg and Abbey of St. Gâ—…main The Queen Mothers house there Her purpose never to reside in it The Provost of Merchants and his authority The Armes of the Town The Town-house The Grand Chastellet The Arcenall The place Royall c. The Vicounty of Paris And the Provosts seven daughters p. 73. CHAP. VI. The University of Paris and Founders of it Of the Colledges in general Marriage when permitted to the Rectors of them The small maintenance allowed the Scholars in the Universities of France The great Colledge at Tholoza Of the Colledge of the Sorbonne in particular that and the House of Parliament the chief Bulwarks of the French liberty Of the Polity and Government of the University The Rector and his precedency the disordered life of the Scholars there being An Apologie for Oxford and Cambridge The priviledges of the Scholars their degrees c. p. 80. CHAP. VII The City of Paris seated in the place of old Lutetia The Bridges which joyn it to the Town and University King Henry's Statua Alexander's injurious policy The Church and revenues of Nostre Dame The Holy water there The original making and virtue of it The Lamp before the Altar The heathenishnesse of both customes Paris best seen from the top of this Church the great Bell there never rung but in time of Thunder the baptizing of Bels the grand Hospital and decency of it The place Daulphin The holy Chappel and Reliques there What the Antients thought of Reliques The Exchange The little Chastelet A transition to the Parlament p. 90. CHAP. VIII The Parliament of France when begun of whom it consisteth The digniiy and esteem of it abroad made sedentarie at Paris appropriated to the long robe The Palais by whom built and converted to seats of Justice The seven Chambers of Parliament The great Chamber The number and dignity of the Presidents The Duke of Biron afraid of them The Kings seat in it The sitting of the Grand Signeur in the Divano The authority of this Court in causes of all kinds and over the affaires of the King This Court the main pillar of the Liberty of France La Tournelle and the Judges of it The five Chambers of Enquestes severally instituted and by whom In what cause it is decisive The forme of admitting Advocates into the Courts of Parliament The Chancellour of France 〈◊〉 his Authority The two Courts of Requests and Masters of them The vain envy of the English Clergy against the Lawyers p. 104. CHAP. IX The Kings Palace of the Louure by whom built The unsutablenesse of it The fine Gallery of the Queen Mother The long Gallery of Henry IV. His magnanimous intent to have built it into a quadrangle Henry IV. a great builder His infinite project upon the Mediterranean and the Ocean La Salle des Antiques The French not studious of Antiquities Burbon house The Tuilleries c. p. 113. La BEAUSE OR THE THIRD BOOK CHAP. I. Our Journey towards Orleans the Town Castle and Battail of Mont l'hierrie Many things imputed to the English which they never did Lewis the 11. brought not the French Kings out of wardship The town of Chartroy and the mourning Church there The Countrey of La Beause and people of it Estampes The dancing there The new art of begging in the Innes of this Countrey Angerville Tury The saweiness of the French Fidlers Three kindes of Musick amongst the Antient. The French Musick p. 121. CHAP. II. The Country and site of Orleans like that of Worcester The Wine of Orleans Praesidial Towns in France what they are The sale of Offices in France The fine walk and pastime of the Palle Malle The Church of St. Croix founded by Superstition and a miracle Defaced by the Hugonots Some things hated only for their name The Bishop of Orleans and his priviledge The Chappell and Pilgrims of St. Jacques The form of Masse in St. Croix 〈◊〉 an Heathenish custome The great siege of Orleanâ—… raisâ—…d by Joan the Virgin The valour of that woman that she was no witch An Elogie on her p. 131. CHAP. III. The study of the Civill Law revived in Europe The dead time of learning The Schools of Law in Orleans The oeconomie of them The Chancellour of Oxford antiently appointed by the Diocesan Their methode here and prodigality in bestowing degrees Orleans a great conflux of strangers The language there The Corporation of Germans there Their house and priviledges Dutch and Latine The difference between an Academie and an University p. 145. CHAP. IV. Orleans not an University till the comming of the Jesuites Their Colledge there by whom built The Jesuites no singers Their laudable and exact method of teaching Their policies in it Received not without great difficulty into Paris Their houses in that university Their strictnesse unto the rules of their order Much maliced by the other Priests and Fryers Why not sent into England with the Queen and of what order they were that came with her Our return to Paris p. 152. PICARDIE OR THE FOURTH BOOK CHAP. I. Our return towards England More of the Hugonots hate unto Crosses The town of Luzarch and St. Loupae The Country of Picardie and people Tho Picts of Britain not of this Countrey Mr. Lee Dignicoes Governour of Picardie The office of Constable what it is in France By whom the place supplyed in England The marble table
all the Episcopall habits except the Crosier-staffe and to bear himselfe as a Bishop within the liberties of his Chappell In the top of the upper Chappell it is built almost in forme of a Synagogue there hangeth the true proportion as they say of the Crown of thornes but of this more when we have gone over the Reliques I was there divers times to have seen them but it seemeth they were not vible to an Hugâ—…ots eyes though me thinketh they might have considered that my money was Catholique They are kept as I said in the lower Chappell and are thus 〈◊〉 in a Table hanging in the upper know then that you may believe that they can shew you the crown of thornes the bloud which ran from our Saviours brest his swadling cloutes a great part of the Crosse they also of Nostre dame have some of it the chaine by which the Jewes bound him no small peece of the stone of the Sepulchre Sanctam toelam tabulae insertam which I know not how to English Some of the Virgins milke for I would not have those of St. Denis think that the Virgin gave no other milk but to them the head of the Lance which pierced our Saviour the purple Robe the Sponge a piece of his Shroud the napkin wherewith he was girâ—…ed when he washed his Disciples feet the rod of Mosâ—…s the heads of St. Blase St. Clement and St. Simeon and part of the head of John Baptist. Immediately under this recitall of these Reliques and venerable ones I durst say they were could I be pâ—…rswaded there were no imposture in them there are set down a Prayer and an Anthem both in the same Table as followeth Oratio Quaesumus Omnipotens Deus ut qui sacra sanctissimae redemptionis nostrae insignia temporaliter veneramur per haec indesinenter muniti aeternitatis gloriam consequamur per dominum nostrum c. De sacrosanctis reliquiis Antiphona Christo plebs dedita Tot Christi donis praedita Jocunderis hodie Tota sis devota Erumpens in jubilum Depone mentis nubilum Tempus est laetitiae Cura sit summota Ecce crux et Lancea ferrum corona spinâ—… Arma regis gloriae Tibi offerantur Omnes terrae populi laudent actorem seculi Per quem tantis gratiae signis gloriantur Amen Pretty Divinity if one had time to examine it These Reliques as the Table 〈◊〉 us were given unto St. Lewis 〈◊〉 1247. by Baldwin the II. the last King of the Latines in Constantinople to which place the Christians of 〈◊〉 had brought them during the times that those parts were harryed by the Turks and Saraâ—…ns Certainly were they the same which they are given out to be I see no harme in it if we should honour them The very reverence due unto antiquity and a silver head could not but exâ—…ract some acknowledgment of respect even from an Heathen It was therefore commendably done by Pope Leo having received a parcell of the Crosse from the 〈◊〉 of Jerusalem that he entertained it with 〈◊〉 Particulam dominicae crucis saith he in his 72. Epistle cum Eulogiis 〈◊〉 tuae venera tur accepi To adore and worship that or any other Relick whatsoever with Prayers and Anthems as the Papists you see do never came within the minds of the Antients and therefore St. Ambrose calleth it Gentâ—…s error 〈◊〉 impioâ—…um This also was Sâ—… 〈◊〉 Religion as himself testifieth in his Epistâ—… to Riparius Nos saith he non diâ—… Martyrum reliquias sed ne Solem quidem Lunam non Angelos c. câ—…limus odoramus Thus were those two fathers mindâ—…d towards such Reliques as were known to be no others then what they seemed Before too many centuries of years had consumed the true ones and the impostures of the Priests had brought in false had they lived in our times and seen the supposed remnants of the Saints not honoured only but adored and worshipped by their blind and infatuated people what would they have said or rather what would they not have said Questionlesse the least they could do were to take up the complaint of Vigilantins the Papists reck on him for an Heretick saying Quid necesse est tâ—…nto honore non solum honorare sed etiam adorare illud nesâ—…io quid quod in vasculo transferendo coâ—…s Pâ—…esently without the Chappell is the Bâ—…se La Gallerie des Merchands a rank of shops in shew but not in substance like to those in the Exchange in London It reacheth from the Chappell unto the great hall of Parliament and is the common through-fare between them On the bottome of the staires and round about the severall houses consecrated to the execution of Justice are sundry shops of the same nature meanly furnished if compared with ouâ—…s yet I perswade my self the richest of this kind in Paris I should now go and take a view of the Parliament house but I will step a little out of the way to see the Place 〈◊〉 in and the little Chastelet this last serveth now only as the Gaole or Common-prison belonging to the Court of the Provost of Merchants and it deserveth no other imployment It is seated at the end of the Bridge called Petit Pont and was built by Hugh Aubriot once Provost of this Town to represse the fury and insolencies of the Scholars whose â—…udenesse and misdemeanors can no wayes be better bridled Omnes eos qui nomen ipsum Academiae vel serio vel joco nominossent haereticos pronunciavit saith Platina of Pope Paul the 〈◊〉 I dare say it of this wildernesse that whosoever will account it as an Academy is an Heretick to Learning and Civility The Place Daulphin is a beautifull heap of building situate nigh unto the new Bridge It was built at the encouragement of Henry IV. and entituled according to the title of his Son The houses are all of brick high built uniforme and indeed such as deserve and would exact a longer description were not the Parliament now ready to sit and my self sommoned to make my appearance CHAP. VIII The Parliament of France when begun of whom it consisted The dignity and esteem of it abroad made sedentarie at Paris appropriated to the long robe The Palais by whom built and converted to seats of Justice The seven Chambers of Parliament The great Chamber The number and dignity of the Presidents The Duke of Biron afraid of them The Kings seat in it The sitting of the Grand Signeur in the Divano The authority of this Court in causes of all kinds and over the affaires of the King This Court the main pillar of the Liberty of France La Tournelle and the Judges of it The five Chambers of Enquestes severally instituted and by whom In what cause it is decisive The forme of admitting Advocates into the Courts of Parliament The Chancellour of France and his Authority The two Courts of Requests and Masters of them The vain envy of the English Clergy against the
are yet in their Nurses armes or else under their Regents in Colledges nay more that the abuse goeth before their being Children being commonly designed to Bishopricks and Abbacies before they were born He made also another complaint that the Soveraign Courts by their decrees had attempted upon the authority which was committed to the Clergy even in that which meerly concerned Ecclesiasticall discipline and government of the Church To these complaints he gave them indeed a very gracious hearing but it was no further then an hearing being never followed by redresse The Court of Parliament knew too well the strength of their own authority and the King was loath to take from himself those excellent advantages of binding to himself his Nobility by the speedy preferring of their children and so the clergie departed with a great deal of envy and a little satisfaction Like enough it were that the Pope would in part redresse this injury especially in the point of jurisdiction if he were able But his wings are shrewdly clipped in this Câ—…untrey neither can he fly at all but as far as they please to suffer him For his temporall power they never could be induced to acknowledge it as we see in their stories anno 1610. the Divines of Paris in a Declaration of theiâ—…s tendred to the Queen Mother affirmed the supremacie of the Pope to be an Erroneous Doctrine and the ground of that hellish position of deposing and killing of Kings Anno 1517. when the Councell of Lateran had determined the Pope to be the head of the Church in causes also temporall the University of Paris testifieth against it in an Apology of theirs Dated the 12 of March the same year Leo decimus saith the Apology in quodamcoetu non tamen in Spiritu Domini congregato contra fidem Catholicam c. Sacrum Bisiliense concilium damnavit In which councell of Basil the Supremacy of the Pope was condemned Neither did the Kâ—…ngs of France forget to mâ—…intain their own authority And therefore when as Pope Boniface VIII had in a peremptory Letter written to Philip le Bell King of France styled himself Dominus totius mundi tam in tempâ—…ralibus quam in spiritualibus the King returned him an answer with an Epithite sutable to his arrogancy Sciat maxima tua fatuitas nos in temporalibus alâ—…ui nâ—…n subesse c. The like answer though in modester termes was sent to another of the Popes by St. Lewis a man of a most milde and sweet disposition yet unwilling to forgoe his royalties His spirituall power is alwayes as little in substance though more in shew for whereas the Councell of Trent hath been an especiall authorizer of the Popes spirituall supremacy the French Church would never receive it By this means the Bishops keep in their hands their own full authority whereof an obedience to the decrees of that Councell would deprive them It was truely said by St. Gregory and they well knew it Lib. 7. Epist. 70. Si unus universalis est restat ut vos Episcopi non sitis Further the University of Paris in their Declaration anno 1610 above mentioned plainly affirme that it is directly opposite to the Doctrine of the Church which the University of Paris alwayes maintained that the Pope hath the power of a Monaâ—…ch in the spirituall government of the Church To look upon higher times when the Councell of Câ—…nstance had submitted the authority of the Pope unto that of a Councell John Gâ—…rson Theologus Parisiensis magni nominis as one calleth him defended that decree and intituâ—…eth them 〈◊〉 admodum esse adulatores qui 〈◊〉 istam in Ecclesiam 〈◊〉 quasi nullis legâ—…m teneatur vinculis quasi neque paâ—…ere â—…beat coâ—…lio Pontâ—…x nec ab eo judâ—…cari queat The Kâ—…ngs 〈◊〉 also befriend their Clergy in this cause and thâ—…ore not only protested against the Councell of Trent wherein this spirituall tyranny was generally consented to by the Catholick faction But Henry II. also wouâ—…d not acknowledge them to be a Councell calling them by another name then Convâ—…ntus Tridentinus An indignity which the 〈◊〉 took very offensively But the principall thing in which it behoveth them not to acknowledge his spirituall Supremacy is the collation of Benefices and Bishopricks and the Annats and first fruits thence arising The first and greatest controversie between the Pope and Princes of Christâ—…ndome wâ—…s about the bestowing the livings of the Church and giving the investure unto Bishops the Popes had long thirsted after that authority as being a great means to advance their fâ—…llowers and establish their own greatnesse for which cause in divers pâ—…tty Councels the receiving of any Ecclâ—…siasticall preferment of a Lay man was enacted to be Simony But this did little edifie with such patrâ—…ns as had good livings As soon as ever Hildebrande in the Catalogue of the Popes called Gregory VII came to the Throne of Rome he set himself entirely to effect this 〈◊〉 as well in Germany now he was Pope as he had dâ—…ne in Franâ—…e whilest he was Legat he commandeth therefore Henry III. Emperour Ne deinceps Episcpâ—…tus beneficia they are Platinas own words per â—…piditatem Simonaicam committat aliter se usuâ—…um in ipsum censuris Ecclâ—…siasticis To this injustice when the Emperour would not yeeld he called a solemn Câ—…uncell at the Lateran wherein the Emperour was pronounced to be Simoniacall and afterwards Excommunicated neither would this Tyrant ever leave persecuting of him till he had laid him in his grave After this there followed great strugling for this matter between the Popes and the Emperours but in the end the Popes got the victory In England here he that first beckoned about it was William Rusus the controversie being whether he or Pope Uâ—…ban should invest Anselme Archbishop of Canterbury Anselme would receive his investure from none but the Pope whereupon the King banished him the Realm into which he was not admitted till the Reign of Henry II. He to endeer himself with his Clergy relinquished his right to the Pope but afterwards repenting himselfe of it he revoked his grant neither did the English Kings wholly lose it till the reign of that unfortunate prince King John Edward the first again recoverâ—…d it and his 〈◊〉 kept it The Popes having with much violence and opposition wrested into their hands this priviledge of nominating Pâ—…iests and investing Bishops they spared not to lay on what taxes they pleased as on the Benefices first fruits pensions subsidies fifteenths tenths and on the Bishopricks for palles miters crofiers rings and I know not what bables By these means the Churches were so impoverished that upon complaint made to the Councell of Basil all these cheating tricks these aucupia expilâ—…di rationes were abolished This decree was called Pragmatica functio and was confirmed in France by Charles VII anno 1438. An act of singular improvement to the Church and Kingdome of France which yearly before as the Court
laâ—…entable and bloudy war which 〈◊〉 upon hem tâ—…ey not only endevoured not to avoid but invited during the reign of Henry IV. who would not see it and the troublesome minority of Lewis XIII who could not molest them they had made themselves masters of 99 Towns well fortâ—…yed and enabled for a fiege a strength too great for any one factiâ—…n to keep together under a King which desires to be himself and rule hiâ—… people In the opiniâ—…n of this thâ—…ir potency they call Assemblies Parliaments as it were when and as often as they pleased There they consulted of the common affairs of Religion made new Laws of government removed and rechanged their generall officers the Kings leave all this while never so much as formally demanded Had they only been guilty of too much power that crime alone had been sufficient to have raised a war against them it not standing with the safety and honour of a King not to be the absolute commander of his own Suâ—…s But in this their licentious calling of Assemblies they abused their power into a neglect and not dissolving them at his 〈◊〉 commandment they increased their neglect into into a 〈◊〉 The Assembly which principally occasioned the war and their ruine was that of Roehell called by the Protestants presenâ—…ly upon the Kings journey into Bearn This generall meeting the King prohibited by his especiall Edicts declaring all them to be guilty of treason which notwithstanding they would not 〈◊〉 to but very undutifully went on in their purposes It was said by a Gentleman of their party and one that â—…ad been imployed in many of their affairs That the fiery zeal of some who had the guiding of their consciences had thrust them into those desperate courses and I believe him Tantum relligio potuit suadere malorum Being assembled they sent the King a Remonstrance of their grievances to which the Duke Lesdiguiers in a Letter to them written gave them a very fair and plausible answer wherein also he intreateth them to obey the Kings Edict and break up the Assembly Upon the receipt of this Letter those of the Assembly published a Declaration wherein they verified their meeting to be lawfull and their purpose not to dismisse themselves till their desires were granted This affront done to the King made him gather together his Forces yet at the Duke of Lesdiguiers request he allowed them 24 dayes of respite before his Armies should march towards them he offered them also very fair and reasonable conditions such also as their Deputies had sâ—…licited but far better then those which they were glad to accept when all their Towns were taken from them Profecto ineluct abilis fatorum vis cujus fortunam muâ—…are constituit ejus corrumpit consilia It held very rightly in this people who turned a deaf eare to all good advice and were râ—…lved it seemeth Not to hear the voice of the Charmer charmed he never so sweetly In their Assemblie therefore they mâ—…ke Lawes and Orders to regulate their 〈◊〉 as That no peace should be made without the consent of the generall Convocation about paying of Souldiers wages fâ—…r the detaining of the Revenues of the King and Cleâ—…y and the like They also there divided France into seven cirâ—…es or parts assigning over every circle severall Generals and Lieutenants and prescribed Orders how those Generals should proceed in the wars Thus we see the Kings Army leavied upon no slight grâ—…nd his Regall authority was neglected his especiall Edicts violated his gracious profers slighted and his Revenues â—…orbidden him and his Realm divided before his face and allotted unto officers not of his own election Had the prosecution of his action been as fair as the cause was just and legall the Protestants had only deserved the infamy but hinc illae lachrymae The King so behaved himself in it that he suffered the sword to walk at randome as if his main design had been not to correct his people but to ruine them I will instance onely in that tyrannicall slaughter which he permitted at the taking of Nigrepetisse a Town of Quercu wherein indeed the Souldiers shewed the very â—…igour of severity which either a barbarous victor could inflict or a vaâ—…quished people suffer Nec ullum saevitiae genus â—…misit ira victoria as Tacitus of the angred Romans For they spared neither man nor woman nor childe all equally subject to the cruelty of the sword and the Conquerour The streets paved with dead carkasses the channels running with the bloud of Christians no noise in the streets but of such as were welcoming death or suing for life Their Churches which the Goths spared at the sack of Rome were at this place made the Theatres of lust and bloud neither priviledge of Sanctuary nor fear of God in whose holy house they were qualifying their outrage this in the common plâ—…ces At domus interior gemitu miseroque tumultu Misâ—…tur penitusque cavae plangoribus aedes Foemineis ululant As Virgil in the ruine of Trâ—…y But the calamities which besell the men were mercifull and sparing if compared to those which the women suffered when the 〈◊〉 had made them the objects of their lust they made them also the suâ—…jects of their fury in that only pittifull to that poor and distressed sex that they did not let them survive their honours Such of them who out of fear and faintness had made but little reâ—…ance had the favour to be stabbed but those whose virtue and courage maintaned their bodies valiantly from the rapes of those villains had the secrets of nature procul hino este castae misericordes aures filled with gun-powder and so blown into ashes Whither O you divine powers is humanity fled when it is not to be found in 〈◊〉 or where shall we look for the effects of a picifull nature when men are bâ—…come so unnaturall It is said that the King was ignorant of this barbarousnesse and 〈◊〉 at it Offâ—…nded I perswade my self he could not but be unlesse he had totally put off himself and degenerated into a Tyger But for his ignorance I dare not conceive it to be any other then that of Nero an ignorance rather in his eye then understanding Subduxit oculos Nero saith Tacitus jussitque sâ—…lera non spectavil Though the Protestants deserved â—…icti â—…or their disobedience yet this was an execution above the nature of a punishment a misery beyond the condition of the crime True it is and I shall never acquit them of it that in the time of their prosperity they had done the King many affronts and committed many acts of disobedience and insolency which justly occasioned the war against them for besides â—…hose already recited they themselves first broke those Edicts the due execution whereof seemed to have been their only petition The King by his Edâ—…ct of pacification had licenced the free exercise of both Religionâ—… and thereupon permitâ—…ed the Priests and Jesuits to preach in the
vis non timetur was a good Aphorisme in the dayes of Paterculus and may for ought I know be as good still Why should I envie any man that honour which taketh not from my safety or repine at my Soveraign for raising any of his Servants into an higher degree of eminency when that favour cannot make them exorbitant Besides it concerneth the improvement of the Exchequer at the occasions of Subsidies and the glory of the Kingdome when the Prince is not attended by men meerly of the vulgar Add to this the few Noble men of any title which he â—…ound at his hâ—…ppy coâ—…ing in amongst us and the additiâ—…s oâ—… power which his comming brought unto us and we shall â—…de it proportionable that he should enlarge our Nobiliâ—…y with our Empire neither yâ—…t have we indeed a number to be talked of comparing us with our neighbour 〈◊〉 We may sâ—…e all of the three first ranks in the books of Milâ—…s Brooke and Vincent and we are promised also a 〈◊〉 of the Creations and successions of all our Barons Then we should see that as yet we have not surfeited Wâ—…e this care takâ—…n by the Heralds in France perhaps the Nobility there would not seem so numberlesse sure I am not so consused But this is the main vice of that profession oâ—… six Heralds which they have amongst them viz. Montjoy Normandy 〈◊〉 Val ys Bretagne and Burgogne not one of them is repoâ—…ed to be a Genealogist neither were their Predecessors better affected to this study Paradine the only man that ever was amongst them hath drawn down the Genealogies of 24 of the chief families all ancient and of the bloud in which he hath excellently well discharged himself But whâ—…t a small pittance is that compared to the present multitude The Nobles being so populous it cannot be but the Noblesse as they call them that is the Gentry must needs be thick set and only not innumerable Of these Nobles there are some which hold theiâ—… estates immediately of the Crown and they have the like immunities with the Princes Some hold their Feâ—…es or feuda of some other of the Lords and he hath only Basse Justice permittâ—…d to him as to mulct and amerce his Tenants to imprison them or give them any other correction under death All of them have power to raise and inhance up their Rents to Tax his Subjects on occasion and to prohibit them such pleasures as they think fit to be reserved for themselves By Brettaul in Piâ—…ardy I saw a post fastned in the ground like a race-post with us and therein an inscription I presently made to it as hoping to have heard of some memorable battell there foughten but when I came at it I â—…und it to be nothing but a Dâ—claration of the Prince of Condes pleasure that no man should hunt in those quarters afterwards I observed them to be very frequent But not to wander through all particulars I will in some few of them only give instance of their power here The first is Proict de bailli age power to keep Assize or to have under him a Bailli and a Superiour seat of Justice for the decision of such causes as fall under the compasse of ordinary jurisdiction In this Court there is notice taken of Treasons Robberies Murders Protections Pardons Faires Markets and other matters of priviledge Next they have a Court of ordinary jurisdiction and therein a Judge whom they call Le guarde de Justice for the dâ—cision of smaller businesse as Debts Trespasses breach of the Kings peace and the like In this the purse is only emptied the other extendeth to the taking of life also for which cause every one which hath Haute Justice annexed to his Feife hath also his peculiar Gibbet nay which is wonderfully methodicall by the criticisme of the Gibbet you may judge at the quality of him that owneth it For the Gibbet of one of the Nobles hath but two pillars that of the Chastellan three the Barons four the Earls six the Dukes eight and yet this difference is rather precise then generall The last of their jura râ—galia which I will here speak of is the command they have upon their people to follow them unto the wars a command not so advantagious to the Lord as dangerous to the Kingdom Thus live the French Princes thus the Nobles Those sheep which God and the Lawes hath brought under them they do not sheer but fleece and which is worse then this having themselves taken away the Wooll they give up the naked carkasse to the King Tondi oves meas volo non deglubi was accounted one of the golden sayings of Tiberius but it is not currant here in France Here the Lords and the King though otherwise at oddes amongst themselves will be sure to agree in this the undoing and oppressing of the poor Paisant Ephraim against Manasseh and Manasseh against Ephraim but both against Judah saith the Scripture The reason why they thus desire the poverty of the Commons is as they pretend the safety of the State and their owne particulars Were the people once warmed with the feeling of case and their own riches they would presently be hearkning after the warres and if no imployment were proffered abroad they would make some at home Histories and experience hath taught us enough of their humour in this kind it being impossible for this hot-headed and hare-brained people not to be doing Si extraneus deest domi hostem quaerunt as Justin hath observed of the Ancient Spaniards a prety quality and for which they have often smarted CHAP. V. The base and loâ—… estate of the French Paisant The misery of them under their Lord. The bed of Procrustes The suppressing of the Subject prejudiciall to a State The wisdome of Henry VII The French forces all in the Cavallerie The cruell impositions laid upon the people by the King No Demaine in France Why the tryall by twelve men can be used only in England The Gabell of Salt The Popes licence for wenching The Gabell of whom refused and why The Gascoines impatient of Taxes The taille and taillion The Pancarke or Aides The vain resistance of those of Paris The Court of Aides The manner of gathering the Kings moneys The Kings revenue The corruption of the French publicans King Lewis why called the just The monies currant in France The gold of Spain more Catholick then the King The happinesse of the English Subjects A congratulation unto England The conclusion of the first Journey BY that which hath been spoken already of the Nobles we may partly guesse at the poor estate of the Paisant or Countreymen of whom we will not now speak as subjects to their Lords and how far they are under their commandment but how miserable and wretched they are in their Apparell and their Houses For their Apparell it is well they can allow themselves Canvasse or an outside of that nature As for Cloth it is above their purse
of parity but this for fear of superstition For prayers at the burial of the dead may possibly be mistook for prayers for the dead and so the world may dream perhâ—…ps of Purgatory The silencing of bels is somewhat juster because that musick hath been superstitiously and foolishly imployed in former times and in this very case at Funerals It is well known with what variety of ceremonies they were baptized and consecrated as in the Church of Rome they still are by the Bishops Whereby the people did conceive a power inherent in them not only for the scattering of tempests in which cases they are also rung amongst them but for the repulsing of the Devil and his Ministers Blessings which are intreated of the Lord for them as appeareth by one of those many prayers prescribed in that form of consecration by the Roman Pontifical viz. ut per factum illorum procul pellantur omnes insidiae inimici fragor grandinum procella turbinum c. Whilest therefore the people was superstitious in the use of bels the restraint of them was allowable but being now a matter only of solemnity it argueth no little superstition to restâ—…ain them Chap. 16. 6. Without encroaching on the civil jurisdiction And well indeed it were if this clause were intended to be observed for in the 17. chap. and 8. art it is decreed that the correction of crimes and scandals appertaineth unto the Consistory What store of grist the word Crime will bring unto their mils I leave unto your Lordship to interpret sure I am that by this of scandal they draw almost all causes within their cognizance A matter testified by his late most excellent Majesty in a Remonstrance to the Parliament viz. that the Puritan Ministers in Scotland had brought all causes within their jurisdiction saying that it was the Churches office to judge of scandal and there could be no kinde of fault or crime committed but there was a scandal in it either against God the King or their neighbour Two instances of this that counterfeit Eusebius Philadelphus in his late Pamphlet against my Lord of St. Andrewes doth freely give us Earl Huntley upon a private quarrel had inhumanely killed the Earl of Murray For this offence his Majesty upon a great suit was content to grant his pardon Ecclesia tamen Huntilaeum jussit sub dirorum poenis ecclesiae satisfacere but yet the Church in relation to the scandall commanded him under the pain of Excommunication to do penancâ—… Not long after the said Eâ—…rl Huntly and others of the Romish faction had enterprised against the peace and saâ—…ety of the Kingdome The King resolved to pardon them for this also Ecclesia autem excâ—…mmunicationis censura pronuntiavit but the Church pronounced against them the dreadful sentence of Anathema so little use is there of the civil Magistrate when once the Church pretends a scandal Chap. 17. 9. And shall adjure the parties in the Name of God And shall adjure i. e. They shall provoke them or induce them to conâ—…ssion by using or interposing of the Name of God for thus adjuâ—…ation is defined to us by Aquinas Secunda secundae qu. 9. in Axiom Adjurare nihil aliud est saâ—…th he nisi creaturam aliquam divini nominis aut alterius cujuspiam saâ—…ae rei interpositione ad agendum aliquid impellere the parties and those not such â—…s give in the informations for that is done in private by the Elders but such of whose ill fame intelligence is given unto the Câ—…nsistory If so then would I fain demand of the contrivers with what reason they so much exclaim against the oath ex officio judicis used by our Prelates in their Chancellaries since they themselves allow it in their Consistories But thus of old as it is in Horace de Arte. Caecilio Plautoque dedit Romanus ademptum Virgilio Varioque Conclus They are adjudged to be immutable And no marvail if as the brethren and their Beza think it be so essential to the Church that no Church can possibly subsist without it if so essential that we may as warrantably deny the written Word as these inventions But certainly what ever these think of it the founder of this plat-form thought not so when thus he was perswaded that the ordering of the Church of God for as much as concernes the form of it was leâ—…t to the discretion of the Ministers For thus himself in his Epistle ad Neocomenâ—…es dated 1544. vâ—…z Substantiam diâ—…ciplinae ecclesiae exprimit disertis verbis Scriptura forma autem ejus exercendae quoniam a Domino praescriâ—…ta non est a ministris constitui debet pro aedificatione Thus he and how dâ—…re they controll him Will they also dare to teach their Master Thus have I brought to end those Annotations which I counted most convenient for to expresse their meaning in some few passages of this new plat-form and to exemplifie their proceedings A larger Commentary on this Text had been unnecessary considering both of what I wâ—…ite and unto whom Only I needs must note that as the erecting of these fabricks in these Islands was founded on the ruine of the Deanries so had the birth of this device in England been death unto the Bishopricks No wonder then if those which principally manage the affairs of holy Church so busily bestir themâ—…elves in the destroying of this viper which by no other means can come into the world then by the death and ruine of his mother Yet so it is I know not whether by destiny or some other means I would not think but so it is that much of this new plat-form hath of late found favour with us and may in time make entrance to the rest Their Lecturers permitted in so many places what are they but the Doctors of Geneva save only that they are more factious and sustain a party And what the purpose and design of this but so by degrees to lessen the repute of such daies as are appointed holy by the Church and fasten all opinion to their daies of preaching By whose authority stand the Church-wardens at the Temple doors as I have seen it oft in London to collect the bounty of the hearers but only by some of their appointments who finde that duty or the like prescribed here unto the Deacons cap. 1. 2. I could say somewhat also of our ordinary Fasts how much they are neglected every where and no Fast now approved of but the solemn Nay we have suffered it of late to get that ground upon us in the practise at the least that now no common businesse must begin without it Too many such as these I fear I could point out unto your Lordship did I not think that these already noted were too many A matter certainly worthy of your Lordships care and of the care of those your Lordships partners in the Hierarchie that as you suffer not these new inventions to usurp upon our Churches by violence so that they
opportunity of abating in the 〈◊〉 the pride and stomach of their jurisdiction But long it was not before he found a fit occasion to place his battery against those works which in the Island there they thought impregnable For as in the ancient proverb 〈◊〉 est invenire baculum ut caedas canem it is an 〈◊〉 thing to quarrell one whom before hand we are resolved to 〈◊〉 The occasion this The Cuâ—…ate of S Johns being lately dead it pleased the Colloquie of that Island according to their former method to appoint one Brevin to succeed him against which course the Governor the Kings Attorney and other the 〈◊〉 of the Crown pâ—…otested as prejudicial to the rights and profits of the King Howâ—…t the case was oveâ—…-ruled and the Colloquie for that time carried it heâ—…upon a bill of Articles was exhibited unto the Councel against the Ministers by Peiton the Governor Maâ—…ret the Attorney now one of the Jurates and the rest as viz. that they had usurped the Patronage of all benefices in the Island that thereby they admitted men to livings without any form of 〈◊〉 that thereby they 〈◊〉 his Majesty of Vacancies and first-fruits that by connivence to say no worse of it of the former Governors they exercised a kinde of arbitrary jurisdiction making and disannulling lawes at their own uncertain liberty whereupon they most humbly besought his Majesty to grant them such a discipline as might be fittest to the nature of the place and lesse derogatory to the Royal Prerogative This Bill exhibited unto the Councell found there such approbation that presently Sir Robert Gardiner once chief Justice as I take it in the Realm of Ireland and James Hussey Doctor of the Lawes though not without some former businesse were sent into the Islands Against their coming into Jarzey the Ministers of that Island had prepared their Answer which in the general may be reduced to these two heads viz. That their appointment of men into the Ministery and the exercise of Jurisdiction being principal parts of the Church Discipline had been confirmed unto them by his Majesty And for the matter of First-fruits it was a payment which had never been exacted from them since their discharge from him at Constance unto whom in former times they had been due Upon this answer the businesse was again remitted unto the King and to his Councell by them to be determined upon the comming of their Deputies the Committees not having as they said a power to determine it but only to instruct themselves in the whole cause and accordingly to make report Other matters within the compasse of their Commission and about which they were said principally to be sent over were then concluded all which hapned in the year 1608. Immediately upon the departure of these Commissioners and long before their Deputies had any faculty to repair unto the Court a foul deformity of confusion and distraction had overgrown the Church and Discipline In former times all such as took upon them any publick charge either in Church or Common-wealth had bound themselves by oath to cherish and maintain the Discipline that oath is now disclaimed as dangerous and unwarrantable Before it was their custome to exact subscripti to their platform of all such as 〈◊〉 to receive the Sacrament but now the Kings 〈◊〉 and others of thâ—… pâ—…rty chose rather to abstain from the Communion nay even the very Eldâ—…rs silly souls that thought themselves 〈◊〉 Sacrâ—…sancti as a Roman Tribune were drawn with proces into the â—…vil courts and there reputed 〈◊〉 the vulgar Nor was the case much better with the Consistory the Juâ—…ates in their Coâ—… or Town-hall relieving such by their authority whom that Tribunal had condemned or censured A pravis ad 〈◊〉 Such is the inhumanity of the world that when once a man is cast upon his knees every one lends a hand to lay him pâ—…ostrate No soonâ—…r had 〈◊〉 of the lower rank observed the Ministers to 〈◊〉 in their chairs but they instantly begin to wrangle for the Tithes and if the Curate will exact his due the Law is open let 〈◊〉 try the Title Their Benefices where before accounted as excâ—…mpt and priviledged are brought to râ—…ckon for first fruits and tenths and those not rated by the book oâ—… Coâ—…stance but by the will and pleasure of the Governor Adde unto this that one of the Constatles preferred a Bill against them in the Câ—…u wherein the Ministers themselves were indicted of hypocrisie and their government of tyranny And which of all 〈◊〉 â—…est was the greatest of their 〈◊〉 it was objected that they held secret meetings and private practises against the Governor yea such as reflected also on the King Iâ—… 〈◊〉 〈◊〉 and distresse they were almost uncapable of 〈◊〉 They 〈◊〉 themselves in the next Colloquie unto the Governor that he would please to intercede for them to his Majesty but him they had so far exasperaâ—…d by their clamours that he utterly reâ—…used to meddle for them Nor did the Ministers as I conjâ—…cture propound it farther to him then by way of due respect as little hoping that he should bend himself for their relief whom they so often had accused to be the cause of all this trouble At last they are resolved to cast themselves upon the grace and savour of the King and for that cause addressed themselves and their desires unto the Earl of 〈◊〉 a man at that time of special credit with the King being also Lord High Treasurâ—…r and chief 〈◊〉 This their 〈◊〉 as he took in special â—…d regard so did he also 〈◊〉 to advise them â—…r the best his counsel that they should joyn unto them those of Guernzey in the perusing of their Discipline and the correcting of such things most stomacked by the Civil Mâ—…gistrates and aâ—…r both together to refer themselves unto his 〈◊〉 A counsel not to be despised in the appearance but yet as certainly he was of a fine and subtil wâ—… of exceâ—…ding cunning For by this means the businâ—… not yet ripe and the King scarce master of his purpâ—… in Scotland he gains time farther to consider of the main and by ingaging those of Guernzey in the cause they also had been subject to the same conclusion But subtil as he was he found no art to protract the fatal and inevitable blow of death for whilest his Clients busily pursued this project in reviewing of their platform he yeelded up himself unto the grave March 24. anno 1612. upon report whereof they layed by the prosecution of that businesse referring of it to the 〈◊〉 of some better times This comfort yet they found in their redresse unto the Court that things at home were carried on in a more fair and quiet course but long they would not suffer themselves to enjoy that happinesse The Parish of S. Peters being void Messerny was presented to it by the Governour one that had spent his time in Oxenford and had received the Orders oâ—…
their prayers and to answer in the Catechismes they shall instruct them in good manners they shall bring them unto Sermons and to Common-prayers and there see them quietly and orderly â—…emean themselves CHAP. XII Of the Court Ecclesiasticall Article I. 1. THe Court shall be holden every Munday in the year observing the same vacations as the Courts Civill II. 2. At every Session in the beginning of it the names of the Assessors shall be inrolled the day the moneth and the year and the decrees perused III. 3. After judgment and sentence given in the main matter the cofts of the parties and the wages of the officers shall be awarded by censure Ecclesiastick IV. 4. There shall be two Procters duely sworn unto the Court to the end the people may proceed formally and juridically without any confusion or surprise And the Register being also sworn shall faithfully record the sentences pronounced and give copies of the Acts to such as do require it V. 5. The Kings Atturney or in his absence the Solliciter â—…all be assistant in the Court from time to time in the awarding of punishment or censure upon all causes of crime and scandall VI. 6. For the serving of citation and summons the Dean shall swear the Sextons of every Parish together with an Apparitour which shall truly discharge themselves in giving copies of the originall proces and citation unto those whom it concerns or in the absence of the party to his servants In which proces and citations the causes of their appearance shall be expressed VII 7. If the party will not be found as either hiding himself or using any other collusion the citation shall be affixed in case that he have never an house on the Church door of the Parish where he dwelleth and that upon a Sunday VIII 8. If it come unto the notice of the Dean by the report of honest men that any one hath doth live notoriously scandalous he shall advertise the Minister and Church-wardens of the Parish to the end that being thus informed they may present such persons as merit to be punished or censured IX 9. Upon good notice of a crime committed by any of the Ministers the Dean after two warnings or admonitions shall proceed to the reforming of him by the advice and consent of two of his brethren even unto suspension and sequestration And in case he continue resractory the Dean by the consent of the major part of Ministers shall proceed to deprivation X. 10. No commutation shall be made in lieu of penance without great circumspection and regard had unto the quality of the persons and circumstances of the crime And the commutation shall be inrolled in the Acts of the Court to be imployed upon the poor and in pious uses whereof an account shall be given according to the Register XI 11. After the first default the non-appearance of the party again cited shall be reputed as a contempt if being after pereâ—… ptorily cited he doth not appear then shall they proceed against him by excommunication and if before the next Court day he endevour not to obtain absolution they shall proceed to the publishing of the sentence of the minor excommunication which shal be delivered to the Minister of the Parish to be read upon some solemn day and in the hearing of the greater part of the Parishioners The party still continuing in his contumacy they shall then proceed unto the major excommunication whereby he shall be excluded a sacris societate fidelium If this bring him not unto obedience and acknowledgement within the space of forty dayes then shall the Dean by his certificate authentick give notice unto the Bailiff and Justices of the said contumacy requiring their assistance to seise on him and commit him prisoner to some sure place till he be humbled and shall give surety that he will submit unto the ordinance of the Church and before that he be absolved he shall be bound to defray the costs and charges of the suit XII 12 In cases of incontinency upon presentment of the Church-wardens together with the probabilities of a common fame scandall and presumptions in this case requisite the party shall undergo the purgation upon oath or else shall be reputed as convict XIII 13. In causes of Adultery at the instance of the party the proceedings shall go on advisedly by good proofs and informations even to evidence of the crime objected and if the matter or evidence of fact be clear they may proceed to separation a thoro mensa XIV 14 He that shall oftend in point of calumny and diffamation shall make acknowledgment oâ—… the injury according to the exigence of the case provided that the business be followed within the compasse of the year and that the matter of it be of Ecclesiasticall cognisance in the crimes above recited CHAP. XIII Of Appeales Article I. 1. APpeales in causes Ecclesiasticall shall be heard and determined by the reverend father in God the Bishop of Winton in person and if that See be void by the most reverend father in God the Archbishop of Canterbury in person II. 2. All Appeales shall be exhibited within fifteen dayes after notice taken of the sentence and the party shall be constrained to take or write out the whole proces at it is upon the Register or Rols of Court which Acts of the said Court shall be delivered to him in forme and time convenient under the seal of the office and the Appellant shall pursue the action within a year and a day aut sententiae latae stare compellitur III. 3. It shall not be lawfull to appeal untill after the definitive sentence unlesse in these two cases viz. either when the Interlocutory is such as puts an end unto the businesse or else when the said interlocutory being obeyed brings such irreparable damage to the party that he cannot help himself by his Appeal A Table of the Fees appertaining to the Dean and his Officers in all causes Ecclesiasticall FOr the proving of a Will where the goods of the deceased exceed not the value of five pâ—…und To the Dean o. To thâ—… Register for writing and recording it 6 d. For the approving of a Will above the value of 5 l. To the Dâ—… 2 s. To the Register or Notary 1 s. For a Letter of 〈◊〉 where the goods of the deceased exceed not the value of 5 l de claro To the Dean o. To the Register for writing it 6 d. For a Letter of administration above that value To the Dean 1 s. To the Register 1 s. For the registring an Inventory of the goods of minors where the said inventory exceedeth not the value of 5 l. To the Dâ—…an o. To the Register 4 d. For the registring of Inventories exceeding the value of 5 l. To the Dean 2 s. To the Register 1 s. For an authentick copy of the said Wils Inventories or Letters of administration To the Dean for his seal 6 d. To the Register 6
Soveraign authority allowed and licensed though in other places yet in the same dominions And on the other side your Lordship may conceive how just a cause of discontent and of repining it may be to those of Jarsey when they shall dayly hear it thundred from the Coasts of France that faintly they have sold themselves to bondage whereas the faithfull zelots in the Isle of Guernzey doe still preserve themselves in liberty Vel neutrum flammis ure vel ure duos as the Lover in Ausonius From my first rank of motives here presented to your Lordship which I may most properly call motives necessary and in respect unto the cause I come next to those of an other quality which I call motives of conveniency and in râ—…lation to the time For questionlesse the time is at this present more convenient for the accomplishment of this work then ever we may hope to see hereafter whether we consider it in reference unto our Kingdome or to the Discipline it self or to the Governour or to the people of both sorts the Clergy and the Magistrates For first there is at this instant an established peace between it and France concluded on while we were in these Islands and published immediately on our coming home which Realm only carryeth a covetous and waâ—…ull eye upon those Islands Were it between us as it lately was nothing but wars and depredations the alteration then perhaps might be unsafe it being alwayes dangerous to discontent or charge that Nation upon whose loyalty we must rely Nor can I tell unto what desperate and undutifull practises the furious heat of some few Preachers may possibly excite a multitude when come the worst that can there is an enemy at hand that will subscribe to any articles But now t is peace and how long peace will hold is not easie to determine depending as it doth upon the will and pleasure of another If in the second place we look upon the Discipline it self we shall find it well prepared and ready for a change For whereas it is ordered in their Canons if I so 〈◊〉 call the 〈◊〉 â—…hat the errours of the Consistory shall be corrected by the Colloquie those of the Colloquie by the Synod by the departure of Jarsey from them they have no way of further Synods and therefore no redresse of grivances So then either the sentence of the Colloquie must be unalterable which is expresly contrary to the platforme or else there must be granted some other jurisdiction to have power above them whereby their censures may be moderated The first of these would estate their Colloquies in a tyranny more prevalent and binding then the chair of Rome so much complained of The other openeth a way for the entrance of Episcopall authority for the admission of Appeals for the directions of their proceedings Add hereunto that at this time they have a noble Governour no friend I am assured to any of that party and such a one which gladly would resign those rights of old belonging to the Deanry when ever it shall please his Majesty to restore that dignity unto the Island A Peer so perfectly known unto your Lordship and to all the Kingdom that I need not say more of him then that which once Velleius did of Junius Blâ—…sus Vir nesâ—…ias an utilior Castriâ—… vel melior toga It were a matter of no ordinary study to determine whether he be more able in the Campe or Senate But in alterations such as these the fancy and affection of the people is principally to be attended as those whom such mutations most properly concern wherein I find all things made ready to your Lordships hand if you vouchsafe to set it forwards The Magistrates and more understanding people of the Isle offended with the severe and unsociable carriage of the Consistories especially of late since the unlimited Empire of the Colloquie hath made that government unsufferable Before they had enough to keep themselves from censure and their houses from the diligence of Consistoriall spies when yet there was an higher Court wherein there was some hope of remedy But there being none to appeal from in the Consistory but those which wil condemn them in the Colloquie they undergo the yoak with much clamour but with more stomach A stomach which estsoones they spare not to disgorge upon them as often viz. as they come within the compasse of their Courts either in way of punishment or censure On the other side the Ministers exclaime against the Magistrates as presuming too far above their latchet pretending that by them their Discipline hath been infringed their priviledges violated and their Ministery interrupted Matters that have not been repiâ—…ed at only in a corner but publickly presented as on the Theater and complained of to their Governours For at my Lord of Danbies being there they articled against the Magistrates for invading the Ecclesiasticall jurisaiction as viz. that they take upon them to dissolve contracts made in the presence of the Minister and with an invocation of the name of God which in judgment of the Discipline Chap. 12. 1. are undissoluble That they had intermedled with the administration of holy Baptisme a duty meerly spirituall That they had seised upon the treasures of the Church in some places and disposed of them at their pleasure That they had caused the Ministers to be imprisoned and there 〈◊〉 〈◊〉 a long time to their great discomfort an 〈◊〉 〈◊〉 their 〈◊〉 And lastly that they had depriâ—… 〈◊〉 〈◊〉 berty of Natives in denying them their 〈◊〉 〈◊〉 〈◊〉 on of the Curates Other grievances there 〈◊〉 〈◊〉 the principall True it is that upon due 〈◊〉 〈◊〉 particulars it did appear that the Magistrates had more reason in their actions then the Ministers in their complaints But not having been accustomed to the like usage they do esteem it a thraldome so incompetent and unsupportable that I perswade my self they sooner would resolve to yeeld to any course then have their doings crost by that tribunall Sure I am when they found so small redresse for these as they conceived great oppressions they made petition to his Lordship to bethink himself on some other way for their relief and laboured to procure me to be their Mediator to his Lordship in it These circumstances also happily concurring portend in my opinion as great an alteration in this state Ecclesiasticall as the conjunction of some powerfull Planets doth sometimes upon the â—…emporall And if your Lordship should be wanting now unto present opportunity it may be such a confluence of preparatives and helps may hardly be met withall hereafter Presuming therefore that your Lordship will not neglect the advantage offered I should next proceed unto those means which might best be used in the effecting of this work but what were this but to read a lecture of the wars to Hannibal to play a part on the Stage in the sight of Rosâ—…ius For whether your Lordship shall think most fit to
of the whole crop the Farmer in the counting of his sheafes casting aside the 10 for the King and the 12 which is the Champart for the Lord. Now here in Guernzey for those of the other Isle have no such custome there is a double Champart that namely Du Roy belonging to the King whereof the Clergy have the tithe and that of St. Michael en leval not titheable The reasâ—…n is because at the suppression of the Priorie of St. Michael which was the only Religious house in these Islands which subsisted of it self the Tenants made no tendry of this Champart and so it lay amongst concealments At the last Sir Thomas Leighton the Governour here recovered it unto the Crown by course of Law and at his own charges whereupon the Queen licenced him to make sale of it to his best advantage which accordingly he did For the Religion in these Islands it haâ—…h been generally such as that professed with us in England and as much varied When the Priors Aliens were banished England by King Henry V. they also were exiled from hence Upon the demolition of our Abbeys the Priory of St. Michael and that little Oratory of our Lady of Lehu became a ruine The Masse was here also trodden down whilest King Edward stood and raised again at the exaltation of Queen Mary Nay even that fiery tryall which so many of Gods servants underwent in the short Reign of that misguided Lady extended even unto these poor Islanders and that as I conceive in a more fearfull tragedy then any all that time presented on the Stage of England The story in the brief is this Katharine Gowches a poor widow of St. Pâ—…ters in Guernzey was noted to be much absent from the Church and her two daughters guilty of the same neglect Upon this they were presented before Jaques Amy then Dean of the Island who finding in them that they held opinions contrary unto those then allowed about the Sacrament of the Altar pronounced them Heretiâ—… and condemned them to the fire The poor women on the other side pleaded for themselves that that Doctrine had been taught them in the time of King Edward but if the Queen was otherwise disposed they were content to be of her Religion This was fair but this would not serve for by the Dean they were delivered unto Elier Gosselin the then Bailiffe and by him unto the fire July 18. Anno Dom. 1556. One of these daughters Perotine Massey she was called was at that time great with childe her husband which was a Minister being in those dangerous times fled the Island in the middle of the flames and anguish of her torments her belly brake in sunder and her child a goodly boy fell down into the fire but was presently snatched up by one W. House one of the by-standers Upon the noise of this strange accident the cruell Bailiffe returned command that the poor Infant must be cast again into the flames which was accordingly performed and so that pretty babe was borne a Martyr and added to the number of the Holy Innocents A cruelty not paralleld in any story not heard of amongst the Nations But such was the pleasure of the Magistate as one in the Massacre of the younger Maximinus viz. Canis pessimi ne catulum esse relinquendum that not any issue should be left alive of an Heretick Parent The horrror of which fact stirred in me some Poeâ—…icall Fancies or Furies rather which having long lien dormant did break out at last indignation thus supplying those suppressed conceptions Si natura negat dabit indignatio versum Holla ye pampred Sires of Rome forbear To act suâ—… murders as a Christian ear Hears with moâ—…e horrour then the Jews relate The dire effects of Herods fear and hate When that vilde Butcher caus'd to out in sunder Every Male câ—…ilde of two years old and under These Martyrs in their cradles from the womb This pass'd directly to the fiery tomb Baptiz'd in Flames and Bloud a Martyr born A setting sun in the first dawn of morn Yet shining with more heat and brighter glory Then all Burnt-offerings in the Churches story Holla ye pampred Rabines of the West Where learnt you thus to furnish out a Feast With Lambs of the first minute What disguise Finde you to mask this horrid Sacrifice When the old Law so meekly did forbid In the Dams milk to boil the tender Kid. What Riddles have we here an unborn birth Hurried to Heaven when not made ripe for Earth Condemned to die before it liv'd a twin To its own mother not impeached of sin Yet doom'd to death that breath'd but to expire That sâ—…ap'd the flames to perish in the fire Rejoyce ye Tyrants of old times your name Is made lesse odious on the breath of fame By our most monstrâ—…us cruelties the Males Slaughtered in Egypt waigh not down these seales A Fod to equâ—…ll this no former age Hath given in Books or fancie on the Stage This fit of indignation being thus passed over I can proceed with greater patience to the râ—…st of the story of this Island which in briâ—… is this That after the death of 〈◊〉 Maâ—…y Religion was again restored in the reformation of it to these Islands In which state it hath ever since continued in the main and substance of it but not without some alteration in the circumstance and forme of Government For whereas notwithstandâ—…ng the alteration of Religion in these Islands they still continued under the Diocese of Constance during the whole Empire of King Henry the VIII and Edward the VI. yet it seemed good to Queen Elizabeâ—… upon some reasons of State to annex them unto that of Winton The first motive of it was because that Bishop refused to abjure the pretended power which the Pope challengeth in Kingdomes as other of the English Prelates did but this displeasure held not long For presently upon a consideration of much service and intelligence which might reasonably be expected from that Prelate as having such a necessary dependence on this Crown they were again permitted to his jurisdiction At the last and if I well remember about the 12 year of that excellent Ladies Reign at the perswasion of Sir Amias Paulet and Sir Tho. Leighton then Governours they were for ever united unto Winchester The p etences that so there might a fairer way be opened to the reformation of Religion to which that Bishop was an enemy and that the secrets of the State might not be carryed over into France by reason of that entercourse which needs must be between a Bishop and his Ministers The truth is they were both resolved to settle the Geneva discipline in every Parish in each Island for which cause they had sent for Snape and Cartwright those great incendiaries of the English Church to lay the ground-work of that building Add to this that there was some glimmering also of a Confiscation in the ruine of the Deanries with the
spoyles whereof they held it fit to enrich their Governments Matters not possible to be effected had he of Constance continued in his place and power But of this more in the next Chapter CHAP. III. 1 The condition of Geneva under their Bishop 2 The alteration there both in Politie and 3 in Religion 4 The state of that Church before the coming of Calvin thither 5 The conception 6 birth and 7 growth of the New Discipline 8 The quality of Lay-elders 9 The different proceedings of Calvin 10 and Beza in the propagation of that cause 11 Both of them enemies to the Church of England 12 The first entrance of this platforme into the Islands 13 A permission of it by the Queen and the Councell in St. Peters and St. Hilaries 14 The letters of the Councell to that purpose 15 The tumults raised in England by the brethren 16 Snape and Cartwright establish the new Discipline in the rest of the Islands THus having shewed unto your Lordship the affairs and condition of these Churches till the Reformation of Religion I come next in the course of my designe unto that Innovation made amongst them in the point of Discipline For the more happy dispatch of which businesse I must crave leave to ascend a little higher into the story of change then the introduction of it into those little Islands So doing I shall give your Lordship better satisfaction then if I should immediately descend upon that Argument the rather because I shall deliver nothing in this discourse not warranted to be by the chief contrivâ—…rs â—…f â—…he 〈◊〉 To begin thâ—…n with the first originall and commencement of it so it is that it took the first beginâ—…ing at a City of the Allobroges or Savoyards called Geneva and by that name mentioned in the 〈◊〉 of 〈◊〉 Commentaries A Town situate at the end of Lacus Lemannus and divided by Rhodanus or Rhosne into two parts Belonging formerly in the Soveraignty of it to the Duke of Savoy but in the profits and possession to their Bâ—…shop and homager of that Dukedome To this Bishop then there appertained not only an Ecclesiasticall jurisdiction as Governour of the Church under the Archbishop of Vienna in Daulphinoys his Metropolitane but a 〈◊〉 also temporall as Lord and Master of the Town under the protection of the Duke of Savoy This granted by the testimony of Calvin in his Epistle unto Cardinall Sadolet dated the last of August 1539. Habebat sane saith he jus gladii alias civilis jurisdictionis partes but as he conceived I know not on what grounds Magistratui ereptas fraudulently taken from the Civill Magistrate In this condition it continued till the year 1528. when those of Berne after a publick disputation held had made an alteration in Religion At that time Viret and Farellus men studious of the Reformation had gotten footing in Geneva and diligently there sollicited the cause and entertainment of it But this proposall not plausibly accepted by the Bishop they dealt with those of the lower rank amongst whom they had gotten most credit and taking opportunity by the actions and example of those of Berne they compelled the Bishop and his Clergy to abandon the Town and after proceeded to the reforming of his Church This also avowed by Calvin in his Epistle to the said Cardinall viz. That the Church had been reformed and setled before his coming into those quarters by Viret and Farellus and that he only had approved of their prâ—…ceedings Sed quia quae a Vireto Farello facta essent suffragio meo comprobavi c. as he there hath it Nor did they only in that tumult alter the Doctrine and orders of the Church but changed also the Government of the Town disclaiming all alleagiance eiâ—…her to their Bishop or their Duke and standing on their own liberty as a â—…ree City And for this also they are indebted to the active counsels of Farellus For thus Calvin in his Epistle to the Ministers of Zurich dated the 26 of November 1553. Cum â—…ic nuper esset frater noster Farellus â—…ui se totos debent c. and anone after Sed deplâ—…randa est senatus nostri caecitas quod libertatis suae patrem c. speaking of their ingratitude to thâ—…s Farellus The power and dominion of that City thus put into the hands of the common people and all things left at liberty and randome it could not be expected that there should any discipline be observed or good order in the Church The Common councell of the Town disposed of it as they pleased and if any crime which antiently belonged to Ecclesiasticall jurisdiction did hap to be committed it was punished by order from that Councell No censures Ecclesiasticall no sentence of Excommunication thought on at that time either here at Geneva or in any other of the popular Churches Si quidem excommunicationi in aliis Ecclesiis nullus locus as Beza hath it in the life of Calvin And the same Calvin in his Epistle to the Ministers of Zurich affirmes no lesse in these words viz. Nec me latet pios doctos esse homines quibus sub principibus Christianis non videtur esse necessaria Excommunicatio so he Thus was it with the Church and City of Geneva at the first coming of Calvin to them a man of excellent abilities and one that had attained a good repute in many places of the French dominions Not finding that assurance in the Realm of France he resolved to place himselfe at Basil or at Strasburg But taking Geneva in his way upon the importunity of Farellus he condescended to make that place the scene of his endeavours and his assent once known he was admitted straight to be one of their ordinary preachers and their Divinity reader Mens Aug. anno 1536. This done he presently negotiates with the people publickly to abjure the Papacy nor so only but as Beza hath it in his life Quod doctrinam disciplinam capitibus aliquot comprehensam admitterent that they also should give way to such a discipline which he and his associates had agreed on A matter at the last effected but not without much difficulty and on the 20 of July anno 1537. the whole City bound themselves by oath accordingly which discipline of what quality it was I cannot learn sure I am it had no affinity with that in use amongst the antients For thus himself in his Epistle above mentioned unto Sâ—…dolet Disciplinam qualem vetus habuit Ecclesia apud nos non esse dicis neque nos diffitemur The Discipline hitherto was only in conception before it came unto maturity and ready for the birth the people weary of this new yoak began to murmur and he resolutely bent not to vary from his first purpose was in that discontentment banished the Town together with Farellus and Coraldus his colleagues anno 1538. Three years or thereabouts he continued in this exile