prudent manner of dealing and proceeding as well with Catholicks as Schismaticks Protestants and Persecutors And as for known Catholicks which have been constant and born the brunt in time of Persecution though for their own parts they ought to follow the most holy and secure Council of our Saviour Cum omnia feceritis dicite quia servi inutiles sumus quod debuimus fecimus nothing presuming of themselves or vaunting over others but expecting their reward with humility at God's Hands yet it is evident that in all Reason and Justice and Law of gratitude they are to be used and employed by the Commonwealth in all Principal Charges Rooms and Offices with special confidence every Man according to his known Zeal Ability and Talent for the same and according to the measure of his suffering for God's Cause by which means both they and others shall be animated and comforted and the state of Religion much more assured than if for particular Favours Kindred Bribes Interest any be preferred or such as are not known to have any Zeal in God's Affairs as in the late Queen Mary's time in many places was seen to the grief and discouragement of many and to the infinite danger of the Realm as after well appear'd As for Schismaticks or close or weak Catholicks that have fallen denied or dissembled their Religion if they have done it of frailty and have not been Persecutors the more Compassion is to be had of their Estate and the more sweetness to be used in restoring them to the Unity of God's Church again But yet how far they are to be used in matters of the Commonwealth especially at the beginning and in rooms where their weakness and inconstance may be in danger the Law of Godly Wisdom must determine and the manner of their Reconciliation will give also great light to this Deliberation which Reconciliation as well in these Men as in all others that shall return to Catholick Union again whether they have been Hereticks or no ought to be made with great attention and deliberation as in a matter of most high moment for all their future Life and Condition For that most commonly according to this first step of reentrance with Almighty God again is the Sequel of all that ensueth good or bad so as he that maketh a good and perfect and sound Reconciliation proveth for the most part a sure and constant Christian afterwards and he that huddleth the matter up in haste without due measure of Consideration is where he was before within a few days after and perhaps far worse for contempt of so great Accommodation Wherefore to the end that this so mighty a Foundation may be laid as it ought to be the Commonwealth should take care and especially the Bishops that Men of Ability and Capacity only should be employed in receiving of these Reconciliations at the beginning and some particular form were to be prescribed how it should be done especially in great Persons and Subjects of great importance and these perhaps not to be reconciled without special faculty or knowledge of the Bishop or Prelate of the place and by some able Person by him assigned and this with giving to them space and due time of Deliberation Recollection Meditation Instruction and of any other means to help them in so great an affair And this for them that will return But as for Enemies or obstinate Hereticks whether they be of Malice or of Ignorance another course seemeth to be taken for their Reduction and Satisfaction which is to endeavour by all ways to convince them if it be possible of their Errors and this by reason and sweet means as far as may be whereof I shall touch some Particulars in this place And first of all f Perchance it would be good considering the present State of the Realm and how generally and deeply it is and has been plunged in all kind of Heresies not to press any Man's Conscience at the beginning for matters of Religion for some few Years to the end that every Man may more boldly and confidently utter his Wounds and so be cured thereof which otherwise he would cover deny or dissemble to his greater hurt and more dangerous Corruption of the whole Body but yet it may be provided joyntly that this Toleration be only with such as live quietly and are desirous to be informed of the Truth and do not teach and preach or seek to infect others and by experience it hath been seen that this kind of suffering and bearing for a time hath done great good and eased many difficulties in divers Towns rendred up in the Low Countries which being mitigated at the beginning with this entrance of Clemency never greatly cared for Heresies afterwards yet do I give notice that my meaning is not any way to perswade hereby that Liberty of Religion to live how a Man will should be permitted to any Person in any Christian Commonwealth for any cause or respect whatsoever from which I am so far off in my Judgement and Affection as I think no one thing to be so dangerous dishonourable or more offensive to Almighty God in the World than that any Prince should permit the Ark of Israel and Dagon God and the Devil to stand and be honoured together within his Realm or Country But that which I talk of is a certain Connivence or Toleration of Magistrates only for a certain time to be limited and with particular Conditions and Exceptions that no meetings assemblies preaching or perverting of others be used but that such as be quiet and modest People and have never heard perhaps the grounds of Catholick Religion may use the freedom of their Consciences to ask learn and to be instructed for the space prescribed without danger of the Law or of any inquiry to be made upon them to inform themselves of the truth And I would hope verily that by the grace of Almighty God and by charitable diligence and industry of good Men and especially of diligent Pastors and Preachers that many good effects would follow of this Toleration For first there would be taken away that slander wherewith the Enemies are wont ordinarily to charge the Catholick Church though perversly and falsly that she persecuteth before she instructeth And secondly the Wounds would be opened and cured as before hath been said that otherwise would be dissembled and more infested And thirdly there would be more liberty for Men to deal for the true Conversion of Hereticks and they with more confidence comfort and alacrity would alter their Minds and be more capable of the Truth and I think it would be the gaining of thousands of Souls that otherwise would be lost and finally by this means the Prince would come to know at the end of the time prescribed what Disposition of People he had within his Realm which otherwise would be hard to do And these are my reasons for my desires in this behalf which I do remit as all the rest that here
to furnish all places with particular Curates and Pastors which may be by God's grace and good diligence of this Council in erecting and furnishing Seminaries within the space of some five or six years that is before this Council shall resign over their authority And in the mean space the best means of supplying the common Spiritual needs of England would be perhaps that no Priests besides Bishops Deans Archdeacons and the like that are needful for the Government of the rest should have any particular assignation or interest in any Benefice but only a sufficient Pension allowed him by the Council of Reformation or Bishop of the Diocess for his convenient maintenance and his Commission to Preach Teach hear Confessions and all other Exercises of Priestly Function And when the Council of Reformation were to leave their charge then might they take a view of all the Priests in their times or before and according to each Man's talent and good account given of himself in this time of tryal to place them in Benefices But yet with this express Proviso and Condition That they may be removed again from the same Benefices to a worse or to none at all if they give not Satisfaction in their Function which only Bridle may chance to do more good than all the Laws and Exhortations in the World and it would be good sometimes to put it in Execution to promote some in higher Benefices and thrust down others to lower by way of Visitation when cause is offered And one thing before all others will be of very great moment for this Council to put in practice which is That presently at the beginning they do publish an Edict or Proclamation with all severity commanding under pain of great Punishment That no Religious or Ecclesiastical Person whatsoever do enter into the Realm without presenting himself before the Council within so many days after his entrance and there to shew the cause why he cometh and the Licence and Authority by which he cometh and to stand to the Determination of the Council for his aboad or departure again for if this be not done and observed with all rigour many scandalous light and inconstant People partly upon novelty and partly upon hope to gain will repair presently to England and do great hurt by their Example And when this Door is once stopped it will be easie for this Council to write to all the Heads of Religious Orders that are in other Countries to send them such a number of exemplar and reformed Men or Women to begin to plant the said Religious in England as shall be thought expedient and be demanded And for that Religious Orders have been more defac'd dishonoured and persecuted in our Realm than in any Christian Country in the World perhaps it would be convenient to make such an amends and recompence as is not besides in any other Kingdom to wit that all the approved Religious Orders that are in the Church of God should be called into England and placed joyntly in the City of London for that at least it is to be presumed that this City would be capable of all and from thence they might be derived afterwards by little and little into other places of the Realm as Commodities were offered and as Men's Devotions should require and as they should be proved to be most agreeable and profitable to the State of our Country but altogether to be in London and that in the perfection of their first Institution would be a most excellent thing and a priviledge above all other Kingdoms in the World where all Religious Orders are not seen together and much less in the perfection of their first institute and observance which ought to be the Condition of admitting any Order into England now at our next Reformation be they Men or Women to the end that the greater Glory of God be procured in all things And for more easie effectuating of this there may be taken order that Religious Men and Women be called and admitted only from the Parts and Countries for beginning this great work of England where it is known that their Order is reformed and hath some that observe the first perfection of their Rule and in our days divers Countries have And with this one Observation only about Religious Orders and People England would be the most eminent Country of Christendom as hath been said In the beginning of Religious Houses in England care may be had that such be builded and most multiplied as be most needful and profitable for the time present and do apply their labours to action and to the help also of others and that before all the rest Seminaries and Colleges be built and put in order for the more ease of our Clergy And as for old and ancient Religious that appertain most to Contemplation though also they be not to be omitted yet when in every Shire there were one of a sort planted for a beginning and indowed with sufficient Rent for a competent number that would observe their first institution it were no evil entrance for that quickly the Devotion of Good People would increase the same and so would England come in small time to be furnished with more variety of Monasteries and Religious Monuments and of much more edification than when it flourished most Nunneries also for refuge of Virgins and of the devoutest sort of Womenkind were to be set up and the most of Observant Orders and of most edification were first to be planted for example and encouragement of others It were also to be considered whether some new Military Order of Knights were to be erected in our Realm for exercise and help of our young Gentlemen and Nobility as in other Countries we see it And as for England in times past it had only the Order of St. John of Malta wherein now perhaps there may be some difficulties at first for that we have no Knights left of our Nation in that Order to train the rest and to begin it only with strangers may seem hard And secondly For that albeit their institute be good and holy to fight against the Turk and other Infidels yet is Malta far off and these Ages have brought forth many more Infidels and Enemies near home to wit Hereticks and thereby the binding of young Gentlemen which live abroad in the World in Wealth Liberty Ease and Conversation also with Women to perpetual Chastity by Vow as Knights of Malta be without giving them the means and helps that other Religious Men have to keep the same which are Disciplines and restraint from Company and the like has also his difficulties as both reason and experience doth teach us and the examples of some other Countries do prove as namely of Spain where for avoiding of difficulties they have procured Dispensation from the Pope that the Knights of the Military Order of St. James Alcantara Calatrava and the like may Marry Wherefore some are of Opinion That it were good
been perverted by dissolution of Life and Heresie they have brought her into more misery infamy and confusion within the compass of few years than all other Christian Kingdoms round about us together Wherefore the principal help and hope next under God which our poor afflicted Country hath or may have of her redress is by means of her good Catholick Prince that God of his Mercy shall vouchsafe to give us who also considering the great work whereunto he is called shall in no wise be able better to satisfie his Obligation and Duty to God and the Expectation of all good Men and to assure his own Possession and Estate than to make account that the security of himself his Crown and Successor dependeth principally of the assurance and good establishment of the Catholick Roman Religion within his Kingdom and whatsoever is done or permitted against this Religion is not only against Jesus Christ our Saviour and his Spouse his Catholick Church but also against every Catholick Prince as his supream Minister and much more against the King of England as things do now stand both for Religion and Estate First of all then is to be recommended with all humility and earnest suit unto his Majesty that shall be established the singular care and holy zeal of restoring perfectly the Catholick Religion in our Realm and to employ his whole endeavour and authority therein and to concur and assist with his Princely favour and special Protection all such Men as principally shall labour therein and above other the Council of Reformation the Prelates Preachers and Clergy of his Realm and by example of his own Royal Person in frequenting the Holy Sacraments and other pious Actions of Religion and Devotion to animate all other his Subjects and foreign Princes also and Countries about him to whom he will in these our times be a remarkable mirrour to imitate the same and this for his own Person But concerning his Majesty's Council both in Spiritual and Temporal affairs it will import also exceeding much that he make choice of fit and worthy persons And for the first which is in matters concerning conscience the pious custom of some Catholick Kings and namely those of Portugal in times past is greatly to be commended who besides their Temporal Council had also another of learned Spiritual Men named the Table of Conscience in taking any thing in hand and execution of the same And for this Council they were wont to make choice as I have said of some number of eminent and learned Men and also notorious for their Piety and good Consciences whether they were of Religious Orders or no and the head or chief of these commonly the King 's own Confessor who might with more security by council and assistance of these able Men direct the King's mind with safety of Conscience And whatsoever Prince shall take this course no doubt but he shall find great help light comfort security and quietness of Mind thereby And as for the World abroad it must needs be a singular great justification of all his acts intention and attempts in the eyes and tongues of all Men seeing he doth them by the direction of so irreprehensible a Consultation His Temporal Council shall be needful to be made with great choice and deliberation especially at the beginning in England for that if any one person thereof should be either infected with Heresie or justly suspected or not fervent nor forward in the Catholick Religion and in the Reformation necessary to be made for good establishment of the same it would be to the great prejudice of the cause and of his Majesty and Realm And seeing Heresie and Hereticks could be so vigilant for overthrowing of true Religion at the beginning of this Queen's Reign as they admitted no one Man to govern whom they might suspect to favour true-Religion how much more zealous and jealous ought our new Catholick Prince to be in excluding from his Privy Council and other places of chief charge and government not only Men known or justly feared to be favourers of Heresie and Hereticks that will never be secure to God or his Majesty but also â—old and doubtful professors of Catholick Religion until they be proved by long tract of time And seeing that his Majesty shall have so great choice at that day of approved constant Catholicks within the Realm as never was seen the like since our first Conversion who have suffered so constantly at the hands of Hereticks in these Persecutions it is to be hoped and expected that his Majesty will serve himself first and chiefly of these men above all others according to their merits and after these of such other known Catholicks as albeit God gave them not fortitude and constancy to suffer so much as the others did for Religion yet were they ever secret favourers and never Persecutors or open Enemies to the truth It is to be commended with like submission and instance to his Majesty that after he shall have taken the Crown upon him and embraced this Realm as his loving Spouse he will confirm first of all the Laws Customs Priviledges Dignities and Liberties of the same and to take away all such burdens servitudes and unjust oppressions as have been any way laid upon us in former times but since the entrance of Heresie And as this is to be done to all the Realm as to the Nobility and to the Commonalty so principally and above others it is reason that it should be performed to the Church and Clergy-men who beyond all others have been injured in these latter times so that at the least it will be just that the Church of England be restored to the same state of Priviledges Possessions Dignities and Exemptions wherein it was when King Henry the Eighth began to Reign And for that the external face and material part of our Churches hath been so much defaced spoiled and broken down by King Henry the Eighth and his Children as all the World seeth it will be one principal part of our new King's Piety and Religion to concur effectually to the rebuilding and restoring of the same again by the means touched by me before of that moderate and temperate manner of restitution whereof I have spoken largely in the First Part of this Memorial And it is to be hoped that his Majesty will be the first and most fervent fartherer of the same according to the Holy Obligation Vow and Offer that he will make to Almighty God for that Heroical enterprise to his eternal honour and infinite benefit and beautifying of our Commonwealth Which sound Foundation of Religion and Piety being once laid it may be suggested to his Majesty with like sollicitude touching the execution of Justice to all Men with indifferency which is the principal point of a true Catholick Prince's Office next after God and Religion and is so much the more necessarily to be looked to now in England after so long
complain and not fear afterwards the others power and violence by all which means it would come to pass that the People would only depend on the Prince and great Men come into less suspicion and danger and the Commonwealth and Prince stand more assured from troubles and commotions and each part live more safely and contentedly And for that I am to speak afterwards more in particular of the Common-Laws of our Realm and among others of this concerning the proceeding in matters of Death and Life by way of Quests and Juries as well for the Nobility as also the Commonalty I shall speak no more in this place but remit my self to that which I shall set down there CHAP. IV. Of the Inns of Court and study of the Common Laws of England and of the Laws themselves FOR so much as it is a custom now in England and hath been much increased these later years that either all or the most part of Noblemen's Children do repair to the Inns of Court and Chancery under pretence of studying the Common Laws of England tho' some do nothing less in effect it shall not be amiss perhaps after the Treaty of the Nobility to say somewhat of the Inns of Court and manner of studies And first of all it seemeth necessary that as before I said of the Universities some ample Commission should be given to certain wise godly and learned Catholick Men in the Laws to consult what manner of Reformation were best for the said Inns of Court and Chancery both touching learning and Piety which Houses by the liberty and dissolution of Heretical times have been brought to great disorder and so become Schools of meer vanity pride and looseness The principal points that seem may be reformed are first about their order of Life Discipline form of Apparel Conversation and the like as in other Universities and Colleges of Laws is accustomed abroad in the World where the Nobility also do study the Laws of those Realms without any such notable disorders as in England are seen And secondly about the manner of study in these our Common Laws as for example That they may have ordinary Readers Lecturers and set Causes for their profiting in learning as in other Sciences is accustomed and as hath been noted before in the Chapters belonging to our Universities out of which may be taken and applied to this also so much as shall seem for the purpose seeing these Houses and Schools do make in like manner a certain University for study of this one Faculty of the Common Law and consequently may very well participate of orders insinuated before for Universities and the Readers be bound to dictate and the Students to write and to make repetition of their Lessons and to have Exercises Conferences and Disputations times limited wherein to end their courses of Law and to proceed and take Degrees in manner and form and with the circumstances that shall be appointed and thought most convenient All which points may be set down distinctly as well as in other Universities and some order may be thought on also for the reducing of the huge Mass and Book of our Common Law to some more clear order and method so as it may be learned with clearness and distinction as other Faculties are and perhaps it will not be amiss to bind such as will make profession thereof and take degrees therein to study first the Latine Tongue with some perfection as also to pass the course of Philosophy thereby to be the more able Men afterwards to judge and treat matters in their own profession Moreover it may be thought upon whether it were not convenient that some Commissioners appointed for the same purpose should suggest and give up such points as shall seem wanting and defective in our Common Laws to be remedied by Act of Parliament or Decrees of grave and learned Lawyers or be supplied by the Civil Canon or Imperial Laws and among other points they may determine of Lawyer 's Fees as also of their manner of proceeding and remedy such abuses as have crept in during the time of Heresie or otherwise among which one principal seemeth to be the multitude of infinite Suits increased in these our days partly by the wrangling natures covetousness and little Conscience of some People and partly also by the incouragement of the Lawyers themselves that either buy or set forward bad titles for private gain For remedy whereof and for a thousand inconveniencies which hereof do ensue it may be considered by the Commissioners whether it were not good to limit the number and quality of Suits that may be brought to London to which place every poor Man cannot follow to wit that the matters to be tried in London must be of such or such value and importance and that other affairs of lesser be heard first by some certain Men of the Shire where the Controversie riseth and be composed or decided by them either by way of peace or friendship or by sentence of Law and Justice and that if it cannot be so ended but that the Party or Parties will need appeal to London that then it be remitted with these Men's Judgment upon it or with their sentence given first in the matter And perhaps it would not be amiss in divers cases to bring in the custom of Spain for depositing mily quinentos doblones which is about three thousand Crowns value to be deposited presently by him that will appeal to the King and his Council from the ordinary sentence of Law given against him in other Lower Courts which Mony is to be divided the one part to the Prince the other part to the Judges that gave the first sentence and the third part to his Adversary in the suit for his Charges if the said first sentence be confirmed again by the five new Judges which the Prince upon his appeal is to give them for the final determination of the cause Some such Bridle I say were to be devised against troublesome and contentious People that will not stand to any order or composition which composition ought first to be sought for and that the Parties that are to go to Law should first be bound to have their matter heard as I have said by good and skilful Men of their Country before they pass any farther Some lower Tribunal were also to be appointed throughout the Realm in more places than in York and in the Marches of Wales as now it is where Men might have Justice without repairing immediately to London The custom of other Countries is very laudable where from time to time certain Visitors Men of great Integrity and Justice are appointed by the Prince and his Council to visit all Judges Lawyers Sollicitors Councellors Proctors Attorneys and other Officers belonging to Justice in all Courts throughout the Realm and to examine how they have behaved themselves in those Charges what riches they have gotten and in how little time what Bribes and Corruptions