he confined not his character so to the Latian Bishops beyond the Alpes but that our English Praelates counted themselves touched therein Hereupon he was accused in the High-Commission committed to the Gate-house where he wrote a second Book taxing the injustice of the proceedings of the High-Commission for which he was indited in the Star-Chamber 59. Mr. Henry Burton Minister rather took a snap then made a meal in any University Mr. Burton his character was first Schoolmaster to the Sonnes of the Lord Cary afterwards Earl of Monmouth whose Lady was Governesse to King Charles when Prince And this opportunity say some more then his own deserts preferred him to the service of Pr. Ch. being designed as I have heard to wait on him in Spain but afterwards when part of his goods were shipped for the voyage excluded the attendance Whether because his parts and learning were conceived not such as to credit our English Church in Forain-Countries or because his Principles were accounted uncomplying with that imployment 60. The crudity of this affront lay long on his minde The cause of his discontent hot stomachs contrary to corporall concoction being in this kinde the slowest of digestion After the venting of many mediate discontents on the last fifth of November he took for his Text Pro. 24. 21. My Sonne fear thou the Lord and the King and meddle not with them that are given to change This Sermon was afterwards printed charging the Prelats for introducing of severall innovations into Divine worship for which as a Libell he was indited in the Star-Chamber 61. But the fault-generall Their fault-generall which at this day was charged on these three Prisoners at the Barr in the Star-Chamber was this That they had not put in their effectuall answer into that Court wherein they were accused though sufficient notice and competent time was allowed them for the performance thereof The Lord-Keeper Coventry minded them that for such neglect they had a Precedent wherein the Court after six daies had taken a cause pro confesso whereas the favour of six weeks was allowed unto them and now leave given them to render reason why the Court should not proceed to present censure 62. Hereat Mr. Prinne first moved that they would be pleased to accept a cross Bill which he there tendered against the Prelates Mr. Brinne his Plea rejected This the Lord-Keeper refused to accept of at the present as not being the business of the day Then he moved that the Prelates might be dismissed the Court It being agreeable neither to nature reason nor justice that those who were their Adversaries should be their Judges This also was rejected by the Lord-Keeper because by the same proportion had he libelled against the Temporall Lords Judges and Privy Counsellors in the place by this Plea none should passe censure upon them because all were made Parties 63. Mr. Prinne proceeded to shew he had done his endeavour to prepare his answer And his answer refused being hindred first by his close imprisonment denyed pen ink and paper and by the imprisonment also of his Servant who was to sollicit his business That the Councell assigned him came very late and though twice payed for their pains deferred the drawing up of his answer and durst not set their hands unto it Mr. Hole one of his Councell being present confessed that he found his answer would be very long and of such a nature as he durst not subscribe it fearing to give their Lordships distaste 64. Dr. Bastwick being spoken to So is Dr. Bastwicks to speak for himself why he brought not in his answer before laid the blame on the cowardise of his Councell that durst not sign it for fear of the Prelates He there tendred his answer on oath with his own hand which would not be accepted He spake much of his own Abilities that he had been a Souldier able to lead an Army of men into the Field and now was a Physitian able to cure Kings Princes and Emperors and therefore how unworthy it was to curtaâ—lize his EARES generally given out by the Bishops Servants as a punishment intended unto him He minded them of the mutability of all earthly things and chiefly of the changes in the Court where he * The Bishop of Lincoln lately the chief Judge therein was the next day to have his own cause censured wishing them seriously to consider that some who now sate there on the Bench might stand Prisoners at the Barre another day and need the favour which now they denyed 65. Mr. Burton being asked what he could alledge Mr. Purtons cast ouâ— for imperfect why the Court should not take his Fault pro confesso pleaded that he had put in his answer drawn up with great pains and cost signed by his Councell and received into the Court. The Lord-Keeper rejoyned that the Judges had cast his answers out as imperfect Judge Finch affirming that they did him a good turn in making it imperfect being otherwise as libelloâ—s as his Book and deserving a censure alone 66. Here the Prisoners desiring to speak were commanded silence The severe censure and the premises notwithstanding the Court proceeded to censure namely that they should lose their EARES in the Palace Yard at Westminster fining them also five thousand pound a man to his Majesty perpetuall imprisonment in three remote places The Lord Finch added to Mr. Prinnes censure that he should be branded in each Cheek with S. L. for Slanderous Libeller to which the whole Court agreed The Archbishop of Canterbury made a long speech since printed to excuse himself from the introducing of any Innovations in the Church concluding it that he left the Prisoners to Gods mercie and the Kings justice 67. It will be lawfull and safe to report the discourse of severall persons hereon Esteemed too low by some This censure fell out scarce adaquate to any judgement as conceiving it either too low or too high for their offence High Conformists counted it too low and that it had been better if the Pillorie had been changed into a Gallowes They esteemed it improvident but by their leaves more of Machiavill than of Christ in such Counsell to kindle revenge and not to quench life in such turbulent Spirits The only way with them had been to rid them out of the way 68. Most moderate men thought the censure too sharp Too high by most too base and ignominious for Gentlemen of their ingenuous vocation Besides though it be easie in the notion June 27 it is hard in the action to fix shame on the Professors and sever it from the Professions of Divinity Law and hysick As for the former though Burton was first * By Sir John Lamb in the high Commission in St. Pauls degraded yet such who maintain an indelible character of Priesthood hold that Degradation cannot delete what Ordination hath impressed and granâ— the censure pronounced ad
witnesses Henceforward 〈…〉 all his first information which from this day sunk 〈◊〉 silence and employed all his power on the proof of Subornation That 〈…〉 too hard for his Teeth to enter and fastned his fangs on a softer place so to pinch the Bishop to purpose yea so expensive was the suit that the Bishop well skilled in the charge of charitable works might with the same cost have built and endowed a small Colledge 84. Some daies before she hearing a Noble Lord of his Majesties Councell In 〈…〉 with the King the Bishops great Friend interposed himself to compound the matter prevailing so farre that on his payment of two thousand pound the Suit should be superseded in the Star-Chamber and he freed from further molessation But at this Lords return the price was risen in the market and besides the aforesaid 〈◊〉 it was demanded of him that to procure his peace he must part with his Deanery of Westminster Parsonage or Walgrave and Prebend of Lincoln which he kept in commendam To this the Bishop answered that he would in no base forgoe those few remainders of the favour which his dead master King James had conferred 〈◊〉 him 85. Not long after another bargain was driven frustrated therein by his great Adversary by the well intended endeavours of the same Lord that seeing his Majesty at that time had much occasion of moneys if he would but double the former summe and lay down four thousand pounds he should be freed from further trouble and might goe home with all his 〈◊〉 about him The Bishop returned that he took no delight 〈◊〉 at law with his Soveraign and thankfully embracing the motion prepared himself for the payment When a great Adversary stepping in so violented his Majesty to a Tryall that all was not onely frustrated but this afterwards urged against the Bishop to prove him conscious of a crime from his forwardness to entertain a composition 86. The day of censure being come July 11. Tuesday Sir John Finch Lord chief Justice fined the Bishop ten thousand pound for tempering to suborn Witnesses His heavy censure Secretary Windebank concurred with that little Bell being the lowdest and shrillest in the whole peaâ— as who alone motioned to degrade him which was lustily pronounced by a Knight and Layman having no precedent for the same in former ages The other Lords brought the fine downe to eight thousand pound and a thousand marks to Sir John Munson with suspension ab officio et beneficio and imprisoning him during the Kings pleasure The Earl of Arundell added that the cause in its self was extraordinary not so much prosecuted by the Atturney as immediately by the King himself recommended to their justice Manchester Lord privy Seal said that this was the first precedent wherein a Master had undone himself to save his Servant 87. The Archbishop of Canterbury did consent thereunto To which the Archbishop of Canterbury did concurre aggravating the fault of subornation of perjury with a patheticall speech of almost an houre long shewing how the world was above three thousand years old before ripe enough to commit so great a wickedness and Jesabell the first in Scripture branded with that infamie whose false Witnesses the holy Spirit refused to name otherwise than under the Character of Men of Belial Wherefore although as he said he himself had been five times down on his knees to his Majesty in the Bishops behalf yet considering the guilt so great he could not but agree with the heaviest censure And although some Lords the Bishops Friends as Treasurer Weston Earl of Dorset c. concurred in the fine with hope the King should have the sole honor of the mitigation thereof yet his Majesties necessaries meeting with the person adjudged guilty and well known for solvable no wonder if the utmost penny of the fine was exacted 88. At the same time were fined with the Bishop Three of his Servants fined with 〈◊〉 George Walker his Secretary Cadwallader Powell his Steward at three hundred pounds a piece and Thomas Lund the Bishop his Servant at a thousand 〈◊〉 all as 〈◊〉 in the same cause yet none of them was imprisoned save Lund for a few weeks and their fine never called upon into this day which the Bishop said was commuted into such Office as hereafter they were go doe in the favour of Kilvert 7. To make this our History entire The complaints against the unjust proceedings against him put in by the Bishop into the Parliament the matter in this particular suite Be it therefore known to the Reader than some foure years after 〈◊〉 1640 when this Bishop was fetch out of the Tower and restored a Peer in Parliament he there in presented severall grievances concerning the indirect prosecution of this cause against him whereof these the principall First that his Adversaries utterly waâ—ed and declined the matter of their first Information about revealing the Kings secrets as hopeless of success therein and sprung a new mine to blow up his credit about perjury in the examination of Witnesses Whereas he conceived it just that all accidentalls and occasionalls should sink with the substance of the accusation otherwise suits would be endless if the branches thereof should still survive when the root doth expire * These complaints I extracted out of the Bishop his Originall Secondly that he was deprived of the benefit of bringing in any exceptions against the Testimonies of Sir John Lambe and Dr. Sibthorp to prove their combination against him because they deposing pro Domino Rege nonâ— must impeach the credit of the Kings Witnesses who must be reputed holy and sacred in what they 〈◊〉 in so much that after Briefs were drawn by Counsells on both sides the Court was moved to expunge those Witnesses which made most against the King and for the Defendant Thirdly that Kilvert used all wayes to menace and intimidate the Bishop his Witnesses frighting them as much as he could out of their own consciences with dangers presented unto them To this purpose he obtained from Secretary Windebank that a Messenger of the Star-chamber one Pechye by name was directed to attend him all along the speeding of the Commission in the Country with his Coat of Armes upon him with power to apprehend and close imprison any person whom Kilvert should appoint pretending from the Secretary Warrants for matters of State and deep consequence so to doe by vertue whereof in the face of the Commission he seised on and committed George Walker and Thomas Lund two materiall Witnesses for the Bishop and by the terror thereof chased away many more whose Depositions were necessary to the clearing of the Bishop his integrity yet when the aforesaid two Prisoners in the custody of the Messenger were produced before Secretary Winebank he told them he had no matters of State against them but turned them over to Kilvert wishing them to give him satisfaction and were not permitted
our leave of this Bishop whosoever considers the vast buildings and rich endowments made by this Prelate besides his expence in repairing the Cathedral at Winchester will conclude such atcheivements unpossible for a Subject until he reflect on his vast Offices of preferments being Bishop of Winchester Rector of S t Martins Le Grand holding twelve Prebends in Comendam with it Anno Dom. 1392. Lord Privy-Seal Chancellor and Treasurer of England besides other places of meaner consequence Anno Regis Ric. 2. 16. Wardens Rich. Toneworth Nich. Wickam Tho. Cranely Rich. Malsorde Jo. Bouke Will. Escot Nich. Osylbury Tho. Chaundler Walt. Hill Will. Porter Jo. Reade Jo. Younge Jo. London Hen. Cole Ral. Skinner Tho. White Mart. Culpepper George Rives Arth. Lake Pink. Stringer Marshal Benefactors M r Rawlins S r Rich. Read K t. D r Newman D r Reeve Ward D r Martin Rob. Bell. D r Smith Bishops Will. Warham Arch-Bish of Cant. Will. Wainffet Bish of Winchester Jo. White Bish of Winchester Tho. Bilson Bish of Winchester Will. Knight Bish of Bath Wells James Turbervil Bish of Exeter Rob. Sherbourne Bish of Chichester Arth. Lake Bish of Bath and Wells Learned Writers Tho. Harding Tho. Nele Nich. Sanders Nich. Harpsfield Will. Reynolds * He was brother to Doct John Reynolds the great protestant Tho. Hide Jo. Marshall Tho. Stapleton Jo. Fenne Rich. White * He wrote a History of England Jo. Pits All violent maintainers of the Popish Religion S r HEN. WOOTTON D r Tooker Dean of Lichfield D r James Cook Arch-Dec of Winch. S r. Tho. Rives besides other elegant works for his VICARS PLEA S r James Hassee S r Hen. Martin D r Merideth Dean of Wells ARTHUR LAKE Bish of Bath and Wells William Twisse John White One may defie the suspicion of flattery if adding D r Harris the reverend Warden of Winchester D r Rich. Zouch not beholden to his Noble extraction for his Repute founded on his own worth and Books reprinted beyond the Seas D r Merick late Judg of the Prerogative but it is better to leave the characters of their worth to the thankfullness of the next Age to describe 32. Lately the Popes usurpation was grown so great Good Laws in due season in intrenching on the Crown that there was an absolute necessity seasonably to retrench his usurpation For albeit the Kings of England were as absolute in their demeans their Prelacy and Clergie as learned their Nobility as valiant and prudent their Commons as free and wealthy Anno Dom. 1393. as any in Christendom Yet had not some Laws of Provision now been made England had long since been turned part of S t Peters Patrimony in demeans Yea the Scepter wrested out of their Kings hands her Prelates made the Popes Chaplains and Clerks Nobility his servants and vassals Commons his slaves and villaines had not some seasonable Statutes of Manumission been enacted 33. For now came the Parliament wherein the Statute was enacted The Maul-Popes Statute of premunire which mauled the Papal power in England Some former laws had pared the Popes nailes to the quick but this cut off his fingers in effect so that hereafter his hands could not grasp and hold such vast summes of money as before This is called the Statute of PREMUNIRE and let not the Reader grudg the reading therof which gave such a blow to the Church of Rome that it never rcovered it self in this Land but dayly decayed till its finall destruction VVHereas the Commons of the Realm in this present Parliament have sued to our redoubted Lord the King grievously complaining that whereas the said our Lord the King and all his liege people ought of right and of old time were wont to sue in the Kings Court to recover their Presentments to Churches prebends and other benefices of holy Church to the which they had right to present the Conisance of Plea of which Presentment belongeth onely to the Kings Court of the old right of his Crown used and approved in the time of all his Progenitors Kings of England And when judgment shall be given in the same Court upon such a Plea and Presentment the Arch-Bishops Bishops and other Spiritual persons which have Institution of such Benefices within their jurisdictions be bound and have made Execution of such Judgments by the Kings commandements of all the time aforesaid without interruption for another Lay person cannot make such execution and also be bound of right to make execution of many other of the Kings commandements of which right the Crown of England hath been peaceably seised as well in the time of our said Lord the King that now is as in the time of all his Progenitors till this day But now of late divers Processes be made by the Bishop of Rome and censures of Excommunication upon certain Bishops of England because they have made execution of such commandements to the open disherison of the said Crown and destruction of our said Lord the King his Law and all his Realm if remedie be not provided And also it is said and a common clamor is made that the said Bishop of Rome hath ordained and purposed to translate some Prelates of the same Realm some out of the Realm and some from one Bishoprick into another within the same Realme without the Kings assent and knowledg and without the assent of the Prelates which so shall be translated which Prelates be much profitable and necessary to our said Lord the King and to all his Realme By which translations if they should be suffered the Statutes of the Realm should be defeated and made void and his said liege Sages of his Councel without his assent and against his will carried away and gotten out of his Realm and the substance and treasure of the Realm shall be carried away and so the Realm destitute as well of Councel as of substance to the final destruction of the same Realm And so the Crown of England which hath been so free at all times that it hath been in no earthly subjection but immediately subject to God in all things touching the realitie of the same Crown and to none other should be submitted to the Pope the Laws Statutes of the Realm by him defeated avoided at his will in the perpetual destruction of the Soveraigntie of the King our Lord his Crown his Regalitie of all his Realm which God defend And moreover the Commons aforesaid say that the things so attempted be clearly against the Kings Crown and Regality used and approved of the time of all his Progenitors Wherefore they and all the liege Commons of the same Realm will stand with our said Lord the King and his said Crown and his Regalitie in the cases aforesaid and in all other cases attempted against him his Crown and his Regalitie in all points to live and to die And moreover they pray the King and him require by way of justice that he would
his plain Prayer which he immediately after made His Prayer whereby his Speech may be interpreted too long here to insert but set down at large in Mr. Fox and which speaketh him a true Protestant And if negative Arguments avail ought in this matter no superstitious crossing of himself no praying to Saints no desiring of prayers for him after his death c. may evidence him no Papist in the close of his life Indeed Anti-Cromwellists count this controversie of the Religion he died in not worth the deciding no Papists conceiving the gain great to get him on their side and some Protestants accounting the losse as little to part with him However this right ought to be done to his Memory in fixing it on its own principles and not mis-representing the same to posterity 28. Remarkable is that passage in his Speech Heaven is just in Barths injustice wherein he confesseth himself by Law condemned to die because a story dependeth thereupon Not long agoe an Act had passed in Parliament That one might be attainted of Treason by Bill in Parliament and consequently lose his life without any other legal triall or being ever brought to answer in his own defence The Lord Cromwell was very active in procuring this Law to passe insomuch that it is generally believed that the Arme and Hammer of all King Henry's Power could never have driven on this Act thorough both Houses had not Cromwell first wimbled an hole for the entrance thereof and politickly prepared a major part of Lords and Commons to accept the same For indeed otherwise it was accounted a Law injurious to the liberty which reason alloweth to all persons accused and which might cut out the tongue of Innocency it self depriving her of pleading in her own behalf Now behold the hand of Heaven It hapned that this Lord first felt the smart of this rod which be made for others and was accordingly condemned before ever he was heard to speak for himself Nec lex est justior ulla Quam necis artifices arte perire suâ Most just it is that they bad Laws who make Should themselves first of their own Laws partake Thus those who break down the banks and let in the stream of Arbitrary power be it into the hands of Prince or People are commonly the first themselves which without pity are drowned in the deluge thereof 29. Thus farre I have swome along with the winde and tide of all our English Historians Yet the Lord Cromwell by a great person acquitted herein in charging of Cromwell herein But I finde one * Sir Edward Coke Part 4. of Institut in Jurisdiction of Courts p. 37. Authour of strong credit such he needs to be who swims against the stream acquitting the said Lord deriving his intelligence from Sir Thomas Gawdie a grave Judge then living who acquainted him as followeth King Henry commanded the L. Cromwell to attend the Chief Justices and to know whether a man that was forth-coming might be attainted of high Treason by Parliament and never called to his answer The Judges answered That it was a dangerous question and that the high Court of Parliament ought to give examples to inferiour Courts for proceeding according to justice and no inferiour Court could doe the like and they thought the high Court of Parliament would never doe it But being by the expresse commandement of the King and pressed by the said Earl to give a direct answer they said That if he be attainted by Parliament it could not come in question afterwards whether he was called or not called to answer and the Act of Attainder being passed by Parliament did binde as they resolved The party against whom this was intended was never called in question but the first man after the said resolution that was so attainted and never called to answer was the said Earl of Essex whereupon that erroneous and vulgar opinion amongst our Historians grew That he died by the same Law which he himself had made 30. But His exemplary gratitude grant this Lord Cromwell faulty in this and some other actions in the main he will appear a worthy person and a great instrument of God's glory in the reforming of Religion and remarkable for many personal eminencies Commonly when men are as in a moment mounted from meannesse to much wealth and honour first they forget them selves and then all their old friends and acquaintance Whereas on the contrary here gratitude grew with his greatnesse and the Lord Cromwell conferred many a courtesie on the Children from whose Fathers Master Cromwell had formerly received favours As he was a good Servant to his Master so was he a good Master to his Servants and fore-seeing his own full which he might have foretold without the Spirit of Prophesie some half a year before he furnished his Men which had no other lively-hood to subsist by with Leases Pensions and Annuities whereby after his death they had a comfortable maintenance 31. One so faithfull to his Servants His care for his Children cannot be suspected for an Infidel in not providing for his family of his own children It was not therefore his ambition but providence that on the same day wherein he was created Earle of Essex he procured Gregory his Son which otherwise had been then but a Lord by courtesie to be actually made Baron Cromwell of Oke-ham Which honour because inherent in the Son was not forfeited on his Father's attainture but descends at this day on his Posterity 32. We will conclude his story with this remarkable instance of his humility An eminent instance of his humility Formerly there flourished a notable family of the b Camdens Brit. in Lincoln-shire Cromwells at Tattershall in Lincoln-shire especially since Sir Ralph Cromwell married the younger Sister and Coheir of William the last Lord Deincourt Now there wanted not some flattering Heraults excellent Chemists in Pedegrees to extract any thing from any thing who would have entituled this Lord Cromwell to the Armes of that antient Family extinct in the issue male thereof about the end of King Henry the sixt His answer unto them was That he would not weare another mans coat for fear the right owner thereof should pluck it off over his ears and preferred rather to take a new coate viz. * See Vincent in the Earles of Essex AZure Or a Fess inter three Lyons rampant Or a Rose Gules betwixt two Chaughes proper being somewhat of the fullest the Epidemical dissease of all Armes given in the Reign of Henry the eighth 33. After the execution of the Lord Cromwell Men of different judgment meeting at their death the Parliament still sitting a motly execution happened in Smithfield three Papists hanged by the Statute for denying the King's supremacy and as many Protestants burnt at the same time and place by vertue of the six Articles dying with more pain and no lesse patience Papists Protestants Edward Powell
His choller now swelling high because opposed by the Rebels more than His judgment in this His expression and seeing an Historian should suum cuique tribuere give me leave a little to enlarge in this subject 2. Of the Lord Marney What the Lord Marney was I can say but little finding him whilst as yet but a Knight Sir Henry Servant and one of the Executors to the Lady Margaret Countesse of Darby at which time he was Chancellour of the Dutchie of Lancaster It seemeth he rose by the Law being the first and last Baron of his name whose sole Daughter was married to Thomas Howard Vicount Bindon 3. Longer must we insist on the Parentage Three noble Branches of the Darcyes in the North. performances and posterity of Thomas Lord Darcy finding in the North three distinct branches thereof whereof the first was Begun Continued Extingnished In Norman de Adrecy or Darcy possessed under K Will the Conquerour of many Manours in Yorke shire and * Dooms-day book chap. 32. in Lincoln shire Lincoln shire where Normanbye His prime seat seemeth so named by him For ten Generations most of them buried in Noketon Priory in Lincoln sh by them founded and indowed viz 1. Robert 2. Thomas 3. Thomas 4. Norman 5. Norman 6. Philip. 7. Norman 8. Philip. 9. Norman 10. Philip. In Philip Darcy dying issue-less whose two Sisters and Co-heires were married the one to Roger Pedwardine the other to Peter of Limbergh 4. The first Male Line of the Darcyes being thus determined a second Race succeeded derived from Norman Darcy the Penultim Lord in the last Pedigree Begun Continued Extinguished In Iohn Darcy Son to the aforesaid Norman Steward to the King's Houshold Justice of Ireland For five descents being Barons of Knaith Moynill 1. John 2. John 3. Philip. 4. John 5 Philip. In Philip the fifth Baron who though dying under age left two Daughters Elizabeth married to Sir James Strangewayes of Hartley Castle and Margaret to Sir Iohn Coigniers of Hornbey-Castle 5. Thus expired the second Male stem of the Darcyes styled Barons of Knaith long since aliened from their Family and for this last hundred years the habitation of the Lord Willoughby of Parham Come we now to the third Stemme which was Begun Continned Extinguished In Sir Iohn Darcy of Torxay second Son to the last Lord John Darcy of Knaith Through seven Generations 1. Richard 2. William 3. Thomas 4. George 5. Iohn 6. Michael 7. Iohn In Iohn Lord Darcy of Ashton dying issue-lesse though hee had foure Wives in the Reigne of King Charles 6. Thomas Darcy here named is the person the subject of this discourse of whom four things are memorable 1. He was Knighted by K. Henry the seventh who made him Captain of the Town and Castle of Barwick * privatae Sigilla de anno 14 Henrici 7. and Commander of the East and Middle Marches 2. K Henry the eighth in the first year of his Reign made him Iustice in Eyre of the Forests beyond Trent summoned him the same yeare as a Baron to Parliament imployed him with a Navie An. 1511. to assist Ferdinand King of Arragon against the Moores and made him knight of the Garter 3. Though the Ancestours of this Thomas Darcy since the second Branch was expired were styled Lords in some Deeds whether by the courtesie of the Countrey or because the right of a Barony lay in them yet this Thomas was the first summoned Baron to Parliament in the first of King Henry the eighth and his Successours took their place accordingly 4. Though the Revenue of this Thomas Lord Darcy was not great at the beginning of King Henry the eighth because the Heires Generall of the Lord Darcyes of Knaith carried away the maine of the Inheritance yet he had a considerable Estate augmented by his Match with Dowsabella the Daughter and Heire of Sir Richard Tempest The result of all is this This Lord was most Honourably descended and his Nobility augmented not first founded by K. Henry the eighth as his words did intimate Let therefore passionate Princes speak what they please their patient Subjects will believe but their just proportion And although the Foxes eares must be reputed horns whilst the Lyon in presence is pleased so to term them yet they never alter their nature and quickly recover the name after the Lyons departure This I though fit to write in vindication of the Lord Darcy who though he owed his life to the Law it is cruelty he should lose both it and the just honour of his Extraction 7. As for the present Coigniers Lord Darcy he is not onely descended from the foresaid Lord Thomas but also from the Heire Generall of the second Stem of the Lord Darcyes of Knaith and was by King Charles accordingly restored to take his place in Parliament The antient English Nobility great Losers by the Dissolution of Abbeys ALthough many modern Families have been great Gainers by the destruction of Monasteries Antient Nobility losers yet the Antient Nobility when casting up their Audits found themselves much impaired thereby both in power and profit commodity and command I mean such whose Ancestours had been Founders of Abbeys or great Benefactours unto them These reserved to themselves and their Heirs many Annual Rents and Services Reliefs Escuage as also that such Abbots and their Successours should doe Fealry and Homage to their Heirs for such Lands as they held of them in Knights Service 2. Now although order was taken at the dissolution to preserve such Rents to the Founders Heires payable unto them by the Kings Officers out of the Exchequer yet such summes after long attendance were recovered with so much difficulty that they were lost in effect Good rents ill paid Thus when the few sheaves of the Subject are promiscuously made up in the Kings mewe it is hard to finde them there and harder to fetch them thence 3. As for the foresaid Services reserved either at money Services wholly lost or money worth to them and their Heires they were totally and finally extinguished for formerly such Abbeys used 1. To send men on their own Charges in Voyages to Warre to aid and attend such of their Founders and Benefactors Heires of whom they held Land in Knights service 2. They bountifully contributed a Portion to the Marriage of their eldest Daughters 3. They bear the Costs and charges to accoutre their eldest Sonnes in a gentile military equipage when Knighted by the King But now the Tree being pluckt up by the roots no such fruit could afterwards be expected 4. Nor must we forget the benefit of Corrodies With the commodity of Corodies so called à conradendo from eating together for the Heires of the foresaid Founders not by courtesie but composition for their former favours had a priviledge to send a set number of their poor Servants to Abbeys to diet therein Thus many aged Servants past working not feeding costly to keep and
to oppose and the flattery of the Courtiers most willing to comply matters were made as sure as mans policy can make that good which is bad in it self But the Commons of England who for many yeers together had conn'd loyalty by-heart out of the Statute of Succession were so perfect in their lesson that they would not be put out of it by this new started designe so that every one proclaimed Mary next Heir in their consciences and few daies after King Edwards death all the project miscarried of the plotters whereof some executed more imprisoned most pardoned all conquered and Queen Mary crowned Thus though the streame of Loyalty for a while was violently diverted to runne in a wrong channell yet with the speediest opportunitie it recovered the right course again 2. But now in what manner this Will of King Edwards was advanced The truth of the carriage of Sr. Edward Mountagu in his drawing up the Will of King Edw. the sixth that the greatest blame may be laid on them who had the deepest guilt the following answer of Sr. Edward Mountagu Lord Chief Justice of the Common-Pleas accused for drawing up the Will and committed by Queen Mary to prison for the same will truly acquaint us The original whereof under his own hand was commnuicated unto me by his great grandchilde Edward Lord Mountagu of Boughton and here faithfully exemplified SR Edward Mountagu Knight late Chief-Justice of the Common Pleas received a letter from Greenwich dated the eleventh day of June last past signed with the hands of the Lord Treasurer the Duke of Northumberland John Earl of Bedford Francis Earl of Shrewsburie the Earl of Pembroke the Lord Clynton the Lord Darcie John Gate William Peter William Cecill John Cheke whereby he was commanded to be at the Court on the morrow by one of the clock at after-noon and to bring with him Sr. John Baker Justice Bromley the Attorney and Solicitour General and according to the same all they were there at the said hour of one of the clock And after they were brought to the presence of the King the Lord Treasurer the Marquesse of Northampton Sr. John Gate and one or two more of the Councill whose names he doth not now remember were present And then and there the King by His own mouth said that now in His sicknesse he had considered the state of this His Realm and Succession which if He should decease without Heir of His body should go to the Lady Mary who was unmarried and might marry a stranger-borne whereby the Lawâ— of this Realm might be altered and changed and His Highnesse proceedings in Religion might be altered Wherefore His pleasure was that the state of the Crown should go in such forme and to such persons as His Highnesse had appointed in a Bill of Articles not signed with the Kings hand which were read commanded them to make a Book thereof accordingly with speed And they finding divers faults not onely for the incertainty of the Articles but also declaring unto the King that it was directly against the Act of Succession which was an Act of Parliament which would not be taken away by no such devise Notwithstanding His Highnesse would not otherwise but that they should draw a Book according to the said Articles which he then took them and they required a reasonable time of His Highnesse for the doeing thereof and to consider the Laws and Statutes made for the Succession which indeed were and be more dangerous then and of them they did consider and remember and so they departed commanding them to make speed And on the morrow all the said persons met and perusing the said Statutes there grew this question amongst them whether it were presently treason by the words of the Statute of Anno primo Edvardi Sexti or no treason till it were put in execution after the Kings death because the words of the Statute are the King His Heirs and Successours because the King can have no Successours in His life but to be sure they were all agreed that it were the best and surer way to say to the Lords that the execution of this devise after the Kings decease was not onely treason but the making of this devise was also presently treason as well in the whole Councell as in them and so agreed to make their report without doing any thing for the execution thereof And after Sr. William Peter sent for the said Sr. Edward to Eely-place who shewed him that the Lords required great speed in the making of the said Book and he told him there were none like to be made for them for the danger aforesaid And after that the said S. Edward with the rest of his company went to the Court and before all the Council the Duke of Northumberland being not in the Council-chamber made report to the Lords that they had considered the Kings Articles and also the Statutes of Succession whereby it appeared manifestly that if they should make any Book according to the Kings commandment they should not onely be in danger of treason but also their Lordships all wherefore they thought it their bounden duties to declare the danger of the Laws unto them and for avoiding of the danger thereof they had nothing done therein nor intended to doe the Laws being so dangerous and standing in force The Duke of Northumberland having intelligence of their answer either by the Earle of Huntington or by the Lord Admiral cometh into the Council-Chamber before all the Council there benign in a great rage and fury trembling for anger and amongst his ragious talk called the said Sr. Edward Traitour and further said that he would fight in his shirt with any man in that quarrel as all the whole Council being there will report whereby the said Sr. Edward with the rest were in great fear and dread in special Mr. Bromley and the said Sr. Edward for Mr. Bromley told the said after that he dread then that the Duke would have striken one of them and after they were commanded to go home and so departed in great fear without doing any thing more at that time wishing of God they had stood to it as they did then unto this time And after the said Sr. Edward received another letter dated at Greenwich the 14 th of June last past signed with the hands â—f the Lord Treasurer the Earl of Bedford the Marquesse of Northampton the Earle of Shrewsburie the Lord Clynton the Lord Cobham the Lord Darcy William Peter John Gate John Cheeke whereby he was commanded to bring with him Sr. John Baker Justice Bromley and Mr. Gosnolde and to be at the Court on the morrow by one of the clock at after-noon where all they were at the same houre and conveyed into a chamber behinde the Dining-Chamber there and all the Lord looked upon them with earnest countenance as though they had not known them So that the said Sr. Edward with the other might perceive there
in as well by the Duke of Northumberland on the one day as by the King on the other day Also it is to be considered the Kings commandment upon their allegiance by His own mouth and the Articles signed with His Highnesse own hand and also His Commission license and commandment under His Great Seal to the said Sr. Edward and others for the making of the said Booke Also the Kings pardon signed with His Highnesse hand Also it is to be considered that the said Books were made in the Kings life seaven or eight dayes before His death and the Queens Highnesse being Successour by Act of Parliament to the Crown and having the same as a Purchaser may not lawfully by the Laws of the Realme punish the said offence done in the Kings time Also the said Sr. Edward hath humbly submitted himself to the Queen Highnesse and to the order of the Commissioners Which Commissioners have ordered the said Sr. Edward to pay to Her Highnesse a thousand pounds who hath already paid thereof five hundred pounds and the other five hundred pounds are to be paid at the Feast of All-Saints come Twelve-moneth And also to surrender his letters Patents of lands to the yeerly value of fifty pounds called Eltyngton which he had of the gift of King Edward the Sixth which was all the reward he had of the said King Edward for his service costs and expences Also it is to be considered that the said Sr. Edward is put from his office of the Chief Justice-ship of the Common-Pleas being of the yeerly value of six hundred marks which office the most noble King of famous memorie King Henry the Eighth gave him in consideration of his long service and also had six weeks imprisonment Also it is to be considered that the same Sr. Edward hath seaventeen children viz. eleven Daughters and six Sons whereof one of the said Sons had his legge striken off by the knee in Scotland at Muscleborough-field the Duke of Sommerset being there And his Son and Heire by his commandment served the Queens Highnesse with twenty men to the cost of the said Sr. Edward of one hundred pounds as the Gentlemen of Buckingham-shire can report SO far the late Judge with his own hand Wherein he affirmeth that he medled not with the Councell in any thing afterward as may appear by his not subscribing the letter of the Lords to Queen Mary enjoying shall I say or advising Her to desist from claiming the Crown whereto all the Privie * See them exant in Mr. Fox Act. Mon-Anno 1553. Councellours subscribed onely the hand of Sr. Edward Mountagu is wanting And seeing in the whole transaction of this matter the obedience rather then invention of Judge Mountagu was required not to devise but draw things up according to Articles tendred unto him I cannot believe his * Sr. John Heywood in his Edward 6 report report relating that the King used the advise of Justice Mountagu in drawing up the Letters Patents to furnish the same with reasons of Law as Secretary Cicil with arguments from Policie 3. Some will wonder that no mention herein of Sr. Roger Cholmley Sr. R. Chomley comes off with losse Lord Chief Justice of the Kings Bench and in dignity above Sr. Edward Mountagu at this time but Judge of the Common-Pleas that he was not employed to draw up the Book But it seems Judge Mountagu his judgement was more relied on who had been formerly Lord Chief Justice of the Kings-Bench and deserted it Yet the said Sr. Roger Cholmley was imprisoned for bare subscribing this Will and as it seems lost his place for the same For Justice Bromley though equally guilty with the rest so far favour extends in matters of this nature was not onely pardoned but from an inferiour Judge * See Sr. H. Spelman Glossary in Justiciarius p. 417. Sr. Jam's Hales his honesty advanced to be successour to Sr. Roger Cholmly and made Judge of the Kings-Bench 4. Whereas Sr. Edward saith that all the Judges were sent for and that many put their hands to the Book it intimateth that all did not but that some refused the same it being eminently known to the everlasting honour of Sr. James Hales that no importunity could prevail with him to underwrite this will as against both law and conscience 5. Eight weeks and upwards passed between the proclaiming of Mary Queen Contest betwixt two Religions and the Parliament by her assembled during which time two religions were together set on foot Protestantisme and Poperie the former hoping to be continued the later labouring to be restored And as the Jews Children a Neh. 13. 24. after the captivity spake a middle language betwixt Hebrew and Ashdod so during the aforesaid interim the Churches and Chappels in England had mongrell celebration of their Divine services betwixt Reformation and Superstition For the Obsequies for King Edward were held by the Queen in the Tower August the seaventh Aug. 7. with the Dirige sung in Latin and on the morrow a masse of Requiem and on the same day his Corps were buried at Westminster with a sermon service and Communion in English No small iustling was there betwixt the zealous Promoters of these contrary Religions The Protestants had possession on their side and the Protection of the Laws lately made by King Edward and still standing in free and full force unrepealed Besides seeing by the fidelity of the Suffolk and Norfolke Protestant Gentry the Queen was much advantaged for the speedy recovering of her Right they conceived it but reason that as she by them had regained the Crown so they under her should enjoy their Consciences The Papists put their Ceremonies in Execution presuming on the Queen her private practice and publique countenance especially after she had imprisoned some Protestant and enlarged some Popish Bishops advancing Stephen Gardiner to be Lord Chancelour Many which were Newters before conceiving which side the Queen inclined would not expect but prevent her authority in Alteration So that Superstition generally got ground in the Kingdome Thus it is in the Evening Twi-light wherein light and darknesse at first may seem very equally matcht but the later within little time doth solely prevail 6. What impressions the Comming in of Queen Mary made on Cambridge Mr. Jewell pens the first Congratulatory letter to the Queen shall God willing be presented in our particular History thereof The sad and sudden alterations in Oxford thereby are now to be handled Ma. John Jewel was chosen to pen the first Gratulatorie Letter to the Queen in the Name of the Vniversity an office imposed on him by his enemies that either the refusall thereof should make him incurre danger from his foes or the performance expose him to the displeasure of his friends Yet he so warily penned the same in Generall termes that his Adversaries missed their marke Indeed all as yet were confident that the Queen would maintain the Protestant
make the said Marquess Earl of Cambridge before John Earl of Hanault was graced with the Title All agree that both were Earls thereof and the transposition of them is no whit materiall to our History of the University 53. Mary de Saint Paul daughter to Guido Castillion Earle of Saint Paul in France 18 third wife to Audomare de Valentia Earle of Pembroke 1343 maide wife Mary de S P. founds Pembrook Hall and widow all in a day her husband being unhappily stain at a tilting at her nuptials sequestred herself on that sad accident from all worldly delights bequeathed her soul to God and her estate to pious uses amongst which this a principall that she founded in Cambridge the Colledge of Mary de Valentia commonly called Pembroke Hall She survived the death of her husband forty two yeares and died full of dayes and good deeds A hall afterwards much augmented by the benefaction of others Masters Benefactors Bishops Learned Writers Coll. Livings 1. Tho. de Bingham 2 Robert de Thorp 3 Rich de Morris 4 John Tinmew 5 John Sudbury 6 John Langton 7 Hugh Dainlet 8 Laurence Booth 9 Tho. Rotheram 10 George Fitzbugh 11 Roger Leyburne 12 Rich. Fox 13 Robert Shirton 14 Rob. Swinburne 15 George Folburie 16 Nich. Ridley 17 John Young 18 Edmond Grindall 19 Matth. Hutton 20 John Whitgift 21 John Young 22 Wil. Fulk 23 Lanc. Andrews 24 Sam. Harsenet 25 Nich. Felton 26 Jerom Beale 27 Benjamin Laney 28 Rich. Vines 29 Sidrach Simson 1 Henry the sixth 2 Edward Story 3 Gerhard Shipwith 4 Nicholas 5 Dr. Atkinson 6 William Hussy Knight 7 Charles Booth 8 Roger Strange Knight 9 Dr. Wats 10 Wil. Marshall 11 Will. Smart 12 Alice 13 Jane Cox Widow 14 John Langton 15 Laur. Booth 16 Thomas Scot alià s Rotheram 17 Rich. Fox 18 Dr. Shorton 19 Edmond Grindall 20 John Whitgift 21 Will. Fulk 22 Lancelot Andrews 1 Will. Bottlesham Rot. 2 Will. Linwoode S. Da. 3 John Langton St. Da. 4 Laur. * Charles Booth Bishop of Hereford ought to be inserted in this Catalogue bred in Benefactor to this Hall Booth York 5 Tho Rotheram York 6 Edward Story Cich 7 Tho. Langton Wint. 8 Rich. Foxe Wint. 9 Will. Smith Linc. 10 Rog. Layburne Car. 11 Nich. Ridley Lon. 12 John Christopherson Chichester 13 Edmond Grindall Cant. 14 John Young Rot. 15 Matth. Hutton York 16 John Whitgift Cant. 17 Tho. Dove Peterb 18 Joh. Bridges Oxford 19 Lancelot Andrews Winton 20 Sam. Harsenet York 21 Theophilus Field St. Dav. 22 Nich. Felton Ely 23 Matth. Wren Ely 14 Rog. Dod 25 Randolph Barlow Bishops in Ireland 1 Wil. Linwoode famous for his writing the Provincial constitutions of Canterbury 2 John Somerset Dr. of Physick to King Henry the sixth 3 John * See more of him hereafter viz an 1525. Thix stille whose 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 carried it in â—y Schools 4 John Rogers the first 5 Nicholas Ridley the most learned 6 John Bradford the hardiest Martyr under Queen Mary 7 Will. Fulke who so learnedly confuted the Rhemish Testament Not to repeat these many worthy Bishops besides many other Writers since unknown unto me 8 Edmund Spencer prime of English Poets Tilney Vic. in Norv Dioc. valued at 30 l. Soham Vic. in Norv Dioc. valued 32 l. 16 s. Overton R. in Linc. Dioc. valued Saxthorp Vic. in Norv Dioc. valued 4 l. 13 s. 4 d. Rawreth R. in Lond. Dioc. valued 20 l. 13 s. 4 d. Waresley Vic. in Linc. Dioc Wherein there is at this present a Master nineteen Fellows one Tanquam thirty three Scholars of the house besides officers and servants of the foundation with other Students the whole number being 100. 54. The aforesaid Mary de Valentia founded also Denny Abbey nigh Cambridge And Denny Abbey richly endowed and filled it with Nuns whom she removed from Water-Beach She enjoyed also her Fellows of Pembrook Hall to visit those Nuns and give them ghostly counsel on just occasion who may be presumed having not only a fair invitation but full injunction that they were not wanting both in their courteous and conscientious addresses unto them 54. Amongst the ancient plate of this Hall Two remarkeable peeces of Plate two peeces are most remarkable Anno Dom. 1343 one silver and gilt Anno Regis Edw. 3. 18 of the Foundresses produced on Festivals who being of French extraction was much devoted to their tutelar Saint witness this inscription as I remember it Saint Dionyse is my deer Wherefore be merry and make good cheer The other very like the former weighing 67 ounces the gift of Thomas Langton Bishop of Winton with this insculption Thomas Langton Winton Episcopus Aulae Pembrochianae olim socius dedit hanctassiam coopertam eidem Aulae 1497. Qui alienaret Anathema sit 55. King Henry the sixth was so great a favorer of this House An invidious Elogie of this Hall that it was termed his adopted Daughter Kings Coll. onely being accounted his naturall sonne and great were his benefactions bestowed thereon But above all we take notice of that passage in his Charter granting repeated in another of King Edwards confirming lands to this House Notabile insigne quà m pretiosum Collegium quod inter omniae loca Universitatis prout certitudinaliter informamur mirabiliter splendit sempter resplenduit Now although it is frequent for inferiors to flatter their superiors it is seldome seen that Subjects are praised by their Soveraigns without due cause as this doth appear true to such who seriously peruse our foregoing Catalogue And though the commendation in the Kings Charter be confined to Cambridge yet may it be extended to any Colledge in Christendom of the same proportion for Students therein I say as the * 2 Cor. 8. 14. Apostle in another kinde that there may be an equality let Prembroke Hall be compared with any foundation in Europe not exceeding it in bigness time and number of Members and it will acquit it self not conquered in all learned and liberal capacities 56. Amongst the Masters of this Hall Rob. Thorp Lord Chancellor Robert de Thorp the second in number was in the thirtieth year of King * Spelman Glos pag. 417. Edward the third Lord chief Justice of the Common-Pleas which place he held thirteen years till 1371 when he was made Lord Chancellor of England His Executors anno 1375 gave fourty marks apiece to every Colledge in Cambridge then eight in number out of his own estate who in his life time began the publique-Schools as we shall shew hereafter 57. Amidst the Benefactors A Greek and gratefull Scholar Thomas Watts Doctor of Divinity and Archdeacon of Middlesex gave certain Farmes in Ashwell and Sauston for the maintenance of 7 Scholars by the name of Greek-Scholars Lancelot Andrews was one of his foundation Who at this day is neither indebted to this House in general to which he gave besides plate three hundred folio-books c. one thousand
some Purposes at the day of his Birth in which respect he may sue out his Liveries for the Dukedome of Cornwall and this perchance may somewhat mend the matter 59. But enough of this matter Conclusion with prayer which some will censure as an Impertinency to our Church-History and scarcely coming within the Church-yard thereof My Prayers shall be that each University may turn all Envy into generous yea gracious yea glorious Emulation contending by laudable means which shall surpasse other in their Serviceablenesse to God the Church and Common-wealth that so Commencing in Piety and Proceeding in Learning they may agree against their two generall Adversaries Ignorance and Profanenesse May it never be said of them what Naomi e Ruth 1. 12. said of her self that she was too old to bear Sons may they never be superannuated into Barrennesse but like the good Trees in Gods Garden They shall still bring forth Fruit in their old age they shall be fat and flourishing 60. Seasonably Sigebert erected an University at Cambridge 632 thereby in part to repair the late great Losse of Christianity in England when the year after Edwine Edwine King of Northumberland slain King of Northumberland was slain in f Beda Eccles Hist lib. 2. cap. 10. Battel by Cadwald King of VVales and Penda King of the Mercians After whose Death his whole Kingdome relapsed to Paganisme and Paulinus Arch-Bishop of York taking with him Queen Ethelburge returned into Kent and there became Bishop of the then vacant Church of Rochester Mortified man he minded not whether he went up or down hill whilest he went on strait in his Calling to glorifie God and edifie others sensible of no Disgrace when degrading himself from a great Arch-Bishop to become a poor Bishop Such betray much Pride and Peevishnesse who outed of eminent Places will rather be Nothing in the Church then any thing lesse then what they have been before 61. After the death of King Edwine The unhappy year his Kingdome of Northumberland was divided into two parts Anno Dom. 632 both petty Kingdomes 1. Bernicia reaching a Camden's Brit. pag. 797. from the River Tees to Edenburgh Frith whereof Eanfrith was King 2. Deira whence say some Deirham or Durham lay betwixt Tees and Humber whereof Osrick was King These both proved Apostates from the Christian Faith and God in his justice let in Cadwald King of the Britans upon them who slew them harassed their Countrey 633 and made a lamentable Desolation within the compasse of one year without respect to Age or Sex untill Oswald bred and brought up in Scotland next of the Bloud-Royall came to be King of Northumberland whom God sent to redeem that miserable Country from the hands of their Enemies and many eminent Victories he obtained 62. The fatall year A lost year well found wherein so many Outrages were committed on the Apostate Northumberlanders by Cadwald King of the Britans is detested by all Saxon Chronologers And therefore all the Annalists and writers of Histories in that Age by joynt-consent universally resolved to damn and drown the Memoriall of that Annus infaustus as they call it Vnlucky year but made so by Vngodly men Yea they unanimously b Bede Eccles Hist lib. 2. c. 1. agreed to allow those two Apostate Kings no yeares reign in their Chronicles adding the time subtracted from them to Oswald their Christian Successour accounting him to have reigned c Idem lib. 3. cap. 9. nine yeares which indeed were but eight of his own and one of these Historians their Adoption Yet is it no news even in Scripture it self to bury the reign of Tyrants under the Monument of a good Prince succeeding them Thus when Ehud is d Iudg. 3. 30. said to have judged the land fourscore year those eighteen e Vers 14. yeares are included wherein Eglon the Moabite oppressed Israel 63. Amongst the many Victories atchieved by this Oswald A victory given from heaven one most remarkable was gained by him near Hexam in Northumberland 635 against the Pagans against whom he erected the Standard of the Crosse in a place which time out of mind was called Heafen-feld Haledon at this day by a Prolepsis not answering the name thereof untill this time Hence a Poet writing the life of Oswald Tunc primum scivit causam cur nomen haberet Heafen-feld hoc est coelestis campus illi Nomen ab antiquo dedit appellatio Gentis Praeteritae tanquam belli praesaga futuri Then he began the reason first to know Of Heafen-feld why it was called so Nam'd by the Natives long since by foresight That in that field would hap an heavenly fight Thus it is generally reported that the place nigh Lipsick where the King of Sweden got one of his signal Victories was time out of mind termed by the Dutch f Swedish Intelligencer Gots Acre or Gods ground And thus as Onesimus and Eutychus were so called from their Infancy but never truely answered their Names till after the g Philem. v. 11 Conversion of the one and Reviving of the h Acts 20. 12. other so Places whether casually or prophetically have Names anciently imposed upon them which are sometimes verified many Ages after 64. About this time Honorius the Pope sent his Letter to the Scotch Nation Pope Honorius his ineffectual letter advising them to an Uniformity with the Church of Rome in the Celebration of Easter His main Reason is thought to have more of State then Strength humane Haughtinesse then holy Divinity in it Namely he counselleth them Ne paucitatem suam in extremis terrae finibus constitutam sapientiorem omnibus Christi Ecclesiis aestimarent This is that Honorius of whom Leo the second Anno Dom. 635 his Successour complaineth in his a Tom. 2. Decret Epist ed. Romae 1591. pag. 654. Epistle to the Bishops of Spain Flammam haertici dogmatis non ut decuit Apostolicam authoritatem incipientem extinxit sed negligendo confovit By his negligence he did countenance the heretical Opinions meaning of the Monothelites then beginning afresh to spring up again which he ought to have suppressed Thus he who could stickle about the Ceremony of keeping Easter could quietly connive at yea interpretatively consent to the depraving of the Doctrinall part of Religion But his Letter to the Scotch took little effect who kept their Easter not one Minute the sooner or later for all his writing unto them 65. In a better Work Birinus converts the VVest-Saxons to the faith and with better Successe was Birinus employed an Italian by Birth sent over by Pope Honorius for the Conversion of the remainder of England and to that purpose that his Preaching belike might be the more powerfull made a Bishop before his b Bede lib. 3. cap. 7. coming over by Asterius Bishop of Genoa Here I am at a losse Bishop of what Where was his Diocese or
yet the King permitted him to appoint or prohibit nothing but what was according to His own will and pleasure and what the King had b Idem ibid. ordained before 9. Lastly Barons not to be excommunicated without the Kings command King William suffered no Bishop to excommunicate any of his Barons or Officers for adultery incest or any such hainous crime except by the Kings Command first made acquainted with the same Here the word Baron is not to be taken in that restrictive sense to which the modern acception hath confined it onely for such of the higher Nobility which have place and Votes in Parliament but c J. Selden Sptcilegium ed Eadmeium pag 168. generally for such who by Tenure en cheef or in Capite as they term it held land immediately of the King And an English d Robert of Glocester Poet counted the Virgil of his age and the Ennius in ours expresseth as much in his Rythmes which we here set down with all the rust thereof without rubbing it off remembring how one e Camdens Elizabeth Anno 1584. John Throkmorton a Justicer of Cheshire in Queen Elizabeth's dayes for not exhibiting a judicial Concord with all the defects of the same but supplying or filling up what was worn out of the Authentical Original was fined for being over officious and therefore take them with their faults and all as followeth The berthe was that noe man that of the King huld ought In Chief or in eni Servise to Manling were throught Bote the wardenis of holy Chirch that brought him thereto The King lede or his Bailifes wat he had misdoe And loked verst were thei to amendment it bring And bote by wolde by their lebe doe the Manling And a grave f Radulphus de diceto sub Anno 11â—3 Author gives a good reason why the King must be inform'd before any of his Barons be excommunicated lest otherwise saith he the King not being certified thereof should out of ignorance unawares communicate with persons excommunicated when such Officers of His should come to kiss His hand be called to his Councel or come to perform any personal attendance about Him Hitherto we have seen how careful the Conqueror was in preserving His own right in Church-matters We will conclude all with the Syllogisme which the g L. Cooks Reports fift part de Jure Regis Ecclesiastico fol. 10. Oracle of the Common-Law frameth in this manner It is agreed that no man onely can make any appropriation of any Church having cure of souls being a thing Eccelesiastical and to be made to some person Ecclesiastical but he that hath Ecclesiastical Jurisdiction But William the first of himself without any other as King of England made appropriation of Churches with cure to Ecclesiastical persons as by many instances may appear Therefore it followeth that He had Ecclesiastical Jurisdiction And so much concerning King William's policy in doing justice to His own power Proceed we now to His bounty confirming old and conferring new favors upon the Church and Clergie 10. First whereas before his time the Sheriff and Bishop joyntly kept their Courts together especially at the two solemn times Bishops jurisdictions first severed from the Sheriffs about Easter and Michaelmas King William in favour of the Clergie assigned the Bishops an a See this cleared by Mr Selden in his notes on Ead. merus pag. 167. entire jurisdiction by themselves wherein they should have cognizance of all causes relating to Religion I say relating to Religion a latitude of a cheverel extension adequate almost to the minde of him that will stretch it out and few Ecclesiastical Judges would lofe what might be got by measuring Now formerly whilest the power of Sheriff and Bishop went hand in hand together in the same Court neither could much outstrip other but but since they were severed the Spiritual power far outwent its old mate improving his own by impairing the Secular Courts and henceforward the Canon-law took the firmer footing in England Date we from hence the squint-eies of the Clergie whose sight single before was hereafter divided with double looks betwixt two objects at once the Pope and the King to put him first whom they eyed most acting hereafter more by forrain then domestick interest 11. A learned pen makes a just complaint The contest betwixt Commen and Canon Law how onely to be reconciled that b Lord Bacen in his advancement of Learning pag. 463. Aphorisme 96. Courts which should distribute peace do themselves practice duels whilest it is counted the part of a resolute Judge to enlarge the priviledge of his Court A grievance most visible in contest betwixt the Common and the Canon Law which as if they were stars of so different an Horizon that the elevation of the one necessitated the depression of the other lie at catch and wait advantages one against another So that whilest both might continue in a convenient and healthful habitude if such envious corrivalitie were deposed now alternately those Courts swell to a tympany or waste to a consumption as their Judges finde themselves more or less strength'ned with power or befriended with favour A mischief not to be remedied till either that mutual consent or a predominant power to both impartially state their jurisdictions rightly seting down the land-marks thereof and binding their proceedings not to exceed their bounds which would both advance learning and expedite the execution of Justice 12. To return to King William King William his Charter to the Clergie As He conferred power on so he confirmed profit to the Clergie Witness his c See it at large in Mr. Selden of tythes cap. 8. pag. 225. Charter granting them thorowout England tythes of calves colts lambs milk butter cheese woods meadows mills c. Which Charter is concluded 't is the strong hem keeps all the cloth from reveling out Qui decimam detinuerit per justitiam Episcopi Regis si necesse fuerit ad redditionem d Others read it adigatur Let him be compelled â—rguatar Who shall detain his tythes by the power of the Bishop and King if need be let him be argued into the payment thereof And Kings arguments we know are unanswerable as aâ— authoritate carrying power and pehalties with them This Charter might seem to give the tenth loaf of all the bread in the land into the hands of the English Clergie But the municipal laws which were afterwards made did so chip and pare this loaf with their Modus decimandi that in many places Vicaridges especially a small shiver of bread fals to the share of the Minister not enough for his necessary maintenance 13. And here Two contrary characters of King William to make a short but needful digression I finde in eminent Writers two contrary characters of King William Some make him an arrand Tyrant ruling onely by the Magna Charta of his own will oppressing all English without cause
is a great deal when it must be taken from a new-shorne sheep so pilled and polled were all people before with constant exactions Such whom his hard usage forced beyond the seas were recalled by his Proclamation So that his heavy leavies would not suffer them to live here and his hard Laws would not permit them to depart hence And when the Clergy complain'd unto him to be eased of their burdens I beseech you said he have ye not coffins of gold and silver for dead mens bones intimating that the same treasure might otherwise be better imployed 36. The streams of discord began now to swell high variance between the King and Anselme betwixt the King and Arch-Bishop Anselme flowing principally from this occasion At this time there were two Popes together so that the Eagle with two heads the Arms of the Empire might now as properly have fitted the Papacy for the present Of these the one Guibertus I may call the Lay-Pope because made by Henry the Emperor the other Vrban the Clergy-Pope chosen by the Conclave of Cardinals Now because like unto like King William sided with the former whilest Anselme as earnestly adhered to Vrban in his affections desiring to receive his Pall from him which the King resused to permit Hereupon Anselme appealed to his Pope whereat King William was highly offended 37. But Their several pleadings and present reconcilement because none are able so emphatically to tell their stories and plead their causes as themselves take them in them in their own words The King Objected The custome from my Father's time hath been in England that no person should appeal to the Pope without the Kings license He that breaketh the customs of my Realm violateth the power and Crown of my Kingdom He that violateth and taketh away my Crown is a Traytor and enemy against me Anselme Answered The Lord hath discussed this question Give unto Cesar the things that are Cesars and unto God the things that are Gods In such things as belong to the terrene dignities of temporal Princes I will pay my obedience but Christ said Thou art Peter and upon this rock I will build my Church c. Whose Vicar he ought to obey in spiritual matters and the fetching of his Pall was of that nature At last an expedient was found out that Anselme should not want his Pall nor fetch it himself from Rome being by the King's consent brought to him by Gualter Pope Urban's Legate whom the King at last was fain to acknowledg and so all things for the present reconciled 38. But the wound betwixt them was rather skinned over They disagree again then perfectly healed and afterwards brake out again the King taking occasion of displeasure at Anselmes backwardness to assist him in his expedition into Wales Whereupon Anselme desired a second journey to Rome there to bemoan and probably to relieve himself by complaint to the Pope But the King stopt his voyage affirming that Anselme had led so pious a life he need crave no absolution at Rome and was so well stored with learning that he needed not to borrow any counsel there Yea said the King Vrban had rather give place to the wisdom of Anselme then Anselme have need of Urban In fine after much contesting Anselme secretly stole out of the Realm and the King seized all his goods and lands into his own coffers Three years was he in exile somtimes at Lions sometimes at Rome welcome wheresoever he came and very serviceable to the Church by his pious living painfull preaching learned writing and solid disputing especially in the general Councel of Bar where he was very useful in confuting and condemning the errours of the Greek-Church about the Procession of the Holy Spirit 39. King Rufus was a hunting in New-Forest 14. Aug. 2. which was made by King William 1100 his Father King Rufus his death not so much out of pleasure or love of the game as policy to clear and secure to himself a fair and large landing-place for his forces out of Normandy if occasion did require Here then was a great devastation of Towns and Temples the place being turned into a wilderness for Men to make a Paradise for Deer God seemed displeased hereat for amongst other Tragedies of the Conquerors family acted in this place Rufus was here slain by the glancing of an arrow shot by S r Walter Tirrel An unhappy name to the Kings of England this man casually and another wilfully S r James Tirrel employed in the murthering of King Edward the fifth having their hands in royal bloud Now it is seasonably remembred that some yeers since this King William had a desperate disease whereof he made but bad use after his recovery and therefore now Divine Justice would not the second time send him the summons of a solemn visitation by sickness but even surprized him by a sudden and unexpected death 40. Thus died King William Rufus His hurial and character leaving no issue and was buried faith my a John Bromton pag. 997. Author at Winchester multorum Procerum conventu paucorum verò planctu many Noble-men meeting but few mourning at his funerals Yet some who grieved not for his death grieved at the manner thereof and of all mourners Anselme though in exile in France expressed most cordial sorrow at the news of his death A valiant and prosperous Prince but condemn'd by Historians for covetousness cruelty and wantonness though no woman by name is mentioned for his Concubine probably because thrifty in his lust with mean and obscure persons But let it be taken into serious consideration that no pen hath originally written the life of this King but what was made by a Monkish pen-knife and no wonder if his picture seem bad which was drawn by his enemy And he may be supposed to fare the worse for his opposition to the Romish usurpation having this good quality to suffer none but himself to abuse his Subjects stoutly resisting all payments of the Popes imposing Yea as great an enemy as he was conceiv'd to the Church he gave to the Monks called De Charitate the great new Church of S t Saviours in Bermondsey with the Manor thereof as also of Charlton in Kent 41. Henry Beauclarke Henry the first succeedeth Rufus and is crowned his brother succeeded him in the Throne one that crossed the common Proverb The greatest Clerks are not the wisest men being one of the most profoundest Scholars and most politick Princes in his generation He was Crowned about four dayes after his brothers death Anno Dom. 1100. At that time Anno Regis Hen. 1. the present providing of good swords was accounted more essential to a Kings Coronation then the long preparing of gay clothes Such preparatory pomp as was used in after-ages at this Ceremony was now conceived not onely useless but dangerous speed being safest to supply the vacancy of the Throne To ingratiate himself to
the English he instantly and actually repealed for his brother William had put all the Land out of love and liking of fair promises the cruel Norman Laws Laws written in bloud made more in favour of Deer then of Men more to manifest the power and pleasure of the imposer then for the good and protection of the Subject wherein sometimes mens mischances were punished for their misdeeds Yea in a manner King Heary gave eyes to the blind in winter-nights I mean light to them who fomerly lived though in their own houses in uncomfortable darkness after eight a clock when heretofore the Curseu-bell did ring the knell of all the fire and candle-light in English families But now these rigorous Edicts were totally repealed the good and gentle Laws of Edward the Confessor generally revived the late Kings extorting Publicanes whereof Ranulf Flambard Bishop of Durham the principal closely imprisoned the Court-corruption by the Kings command studiously reformed adultery then grown common with the loss of virility severely punished Anselme from exile speedily recalled after his return by the King heartily welcomed by the Clergie solemnly and ceremoniously received he to his Church his lands and goods to him fully restored English and Normans lovingly reconciled all interests and persons seemingly pleased Robert the Kings elder brother though absent in the Holy-Land yet scarcely missed and so this Century with the first year of King Hearie's reign seasonably concluded The end of the eleventh Century CENT XII Anno Regis Hen. 1. 2 Anno Dom. 1101. JOHANNI FITZ-JAMES DE LEUSTON In Com. Dorset ARMIG NOn desunt in hoc nostro saeculo qui Librorum Dedicationes penè ducunt superstitiosum planè superfluum sic enim argutuli ratiocinantur Liber si bonus Patrono non indiget sno Marte pergat sin malus Patrono ne sit dedecori suo merito pereat Habeo tamen quod huic dilemmati possim regerere Liber Meus nec bonus nec malus sed quiddam medium inter utrumque Bonum ipse non ausum pronuntiare cum plurimis Mendis Laboret Malum alii spero non dijudicent cum Legentibus possit esse usui Sub hác dubiâ Conditione vel Adversariis nostris Judicibus opus hoc nostrum Patronum sibi asciscere potest debet Et sub alis Clientelae tuae qui tam MARTE praestas quà m MERCURIO foveri serìo triumphat 1. GRrave Anselme Arch-Bishop of Canterbury Hen. 1 2. espoused and married Maud daughter of Malcolme King of the Scots 1101 and S t Margaret his wife to Henry King of England The Hellish imprecation of Maud when married to King Henry Shee had been a professed Votary and was pressed by the importunity of her parents and friends for Politick ends to this marriage insomuch as in the bitterness of her soul able to appale the writer hereof seeing his ink out-black'd with her expression she devoted the fruit of her body to the Devil because they would not permit her to perform her promise of Virginity Thus a Hist Ang. in Hen. 1. anno 1101. Matthew Paris But the Reader reserveth his other ear for the relation of Eadmerus reporting this story after a different yea contrary manner as followeth 2. The aforesaid Maud when a Girle The story otherwise told by Eadmerus an eye and ear witness lived under the tuition and correction of Christian her Aunt and Abbess of Wilton at what time the Norman souldiers conquering the Kingdom did much destroy and more endanger virgins by their violence Christian therefore to preserve this her Neete clapt a black cloath on her head in imitation of a Nuns vail which she unwillingly ware in the presence of her Aunt but in her absence off it went from above her head to under her heals so that in despightful manner she used to tread and trample upon it Yea if Malcolme her father chanced to behold her wearing that mock-vail with rage he would rend it off cursing the causers of it and avowing that he intended her no votary but a wife to Count Alan Besides two grave Arch-Deacons sent down to Wilton to enquire into the matter reported that for ought they could learn from the Nuns there this Maud was never solemnly entered into their order Hereupon a Councel was called of the English Clergy wherein some grave men attested of their own knowledg that at the Norman conquest to avoid the fury of the souldiery many maids out of fear not affection for protection not piety made a Cloyster their refuge not their choice were Nuns in their own defence running their heads but without their hearts into a vail And in this case it was resolved by learned Lanckfranck that such virgins were bound by an extraordinary obligation above other women b Eadmerus Novorum lib. 5. pag. 57 58. Debitam castitati reverentiam exhibere Nullam Religionis continentiam servare which is in effect that they must be chaste wives though they need not be constant maids These things alledg'd and prov'd Anselme pronounced the Nunship of Maud of none effect and solemnly married her to King Henry However some infer the unlawfulness of this match fron the unhappiness of their children all their issue male coming to untimely deaths But sad events may sometimes be improved by mens censures further then they were intended by Gods Justice and it is more wisdom seriously to observe them to the instructing of our selves then rigidly to apply them to the condemning of others The rather because Maud the Empress their sole surviving childe seemed by her happiness to make reparation for the infelicity of all the rest 3. Next year a more solemn Synod was summoned by Anselme A grand Synod of the Clergy and Laytie with the Constitutions thereof with the Kings consent 1102 held at Westminster whereat 3. besides Bishops were present at Anselmes request from the King the chief Lay-Lords of the Land and this Reason rendred Forasmuch as that whatsoever should be determined by the Authority of the said Councel might be ratified and observed by the joynt care and solicitousness of both estates But whether the Lords were present as bare spectators and witnesses to attest the fair Transaction of matters which some will conceive to little or whether they had a power to vote therein which others will adjudg too much is not clearly delivered Here we insert the constitutions of this Synod And let none say that it is vain to look after the Cobwebs when the besom of Reformation hath swept them away seeing the knowledg of them conduce much to the understanding of that Age. 1. That the a Fadmerus Hist Novorum lib. 3. pag. 67. 68. Heresie of Symony be severely punished for which several Abbots were then and there deposed 2. That Bishops undertake not the Office of secular Pleas wearing an habit beseeming Religious Persons and not be like Lay-men in their Garments and that alwayes and every where
thereof improve the Popes power by invading the undoubted priviledges of King John The Monks soberly excused themselves that they durst not proceed to an election without the Kings consent but affrighted at last with the high threats of his Holiness menacing them with Excommunication Stephen Langton was chosen accordingly One that wanted not ability for the place but rather had too much as King John conceived having his high spirit in suspition that he would be hardly managed 4. Then two Letters were dispatch'd from the Pope The Pope sends two Letters of contrary tempers to the King to the King 1207. The first had nothing of business 10. but complement and four gold Rings with several stones desiring him rather to minde the mysterie then value the worth of the present wherein the Round form signified Eternity their Square Number Constancy the green Smaragd Faith the clear Saphir Hope the red Granat Charity the bright Topaz good works How pretious these stones were in themselves is uncertain most sure it is they proved Dear to King John who might beshrow his own fingers for ever wearing those Rings and as my * Mat. Paris in Anno 1207. pag. 223. Author saith soon after gemmae commutatae in gemitus For in the second Letter the Pope recommended Stephen Langton to the Kings acceptance closely couching threats in case he refused him 5. King John returned an answer full of stomach and animosity King Johns return raising his voice to too high a note at first that this was an intolerable encroachment on his Crown and Dignity which he neither could nor would digest to have a stranger unknown unto him bred in forrein parts familiar with the French King his sworn enemy obtruded upon him for an Arch-Bishop He minded the Pope that he had plenty of Prelates in the Kingdome of England sufficiently provided in all kind of knowledge and that he need not to go abroad to seek for judgement and justice Anno Regis Job 10. intimating an intended defection from Rome Anno Dom. 1207. in case he was wronged Other passages were in his letter which deserved memory had they beeâ— as vigorously acted as valiantly spoken Whereas now because he fouly failed at last judicious ears hearken to his words no otherwise then to the empty brags of impotent anger and the vain evaporations of his discontentment However he began high not onely banishing the Monks of Canterbury for their contempt out of his Kingdome but also forbidding Stephen Langton from once entring into England 6. Hereupon Pope Innocent Three Bishops by command from the Pope Interdict the whole Kingdome the third employed three Bishops William of London Eustace of Ely and Mauger of Worcester to give the King a serious admonition and upon his denial or delaying to receive Stephen Langton for Arch-Bishop to proceed to Interdict the Kingdome of all Ecclesiasticall service saving Baptisme of Children Confession and the Eucharist to the dying in case of necessity which by them was performed accordingly No sooner had they Interdicted the Kingdome but with Joceline Bishop of Bath and Giles of Hereford they as speedily as secretly got them out of the Land like adventurous Empiricks unwilling to wait the working of their desperate Physick except any will compare them to fearfull Boyes which at the first tryall set fire to their squibs with their faces backwards and make fast away from them but the worst was they must leave their lands and considerable moveables in the kingdome behind them 7. See now on a sudden the sad face of the English Church Englands sad case under Interdiction A face without a tongue no singing of service no saying of Masse no reading of Prayers as for preaching of Sermons the lazinesse and ignorance of those times had long before interdicted them None need pity the living hearing the impatient complaints of Lovers for whose marriage no licence could be procured when he looks on the dead a Corpora defunctorum more Canum in Bivijs fossatis sine orationibus sacerdotum ministerio sepelibantur Matt. Paris pag. 226 who were buried in ditches like dogs without any prayers said upon them True a well informed Christian knows full well that a corps though cast in a bogge shall not stick there at the day of judgement thrown into a Wood shall then finde out the way buried by the high wayes side is in the ready Road to the Resurrection In a word that wheresoever a body be put or plac'd it will equally take the Alarum at the last Trumpet Yet seeing these People beleeved that a Grave in consecrated ground was a good step to Heaven and were taught that prayers after their death were essentaill to their Salvation it must needs put strange fears into the heads and hearts both of such which deceased and their friends which survived them And although afterwards at the intreaty of Stephen Langton the Pope indulged to conventuall b Antiq. Brit. in Steph Langton pag. 159. Churches to have Service once a Week Yet Parish Churches where the Peoples need was as much and number far more of souls as dear in Gods sight were debar'd of that benefit 8. Some Priests were well pleased that the Interdiction for a time should continue Two grand effects wrought by this Interdiction as which would render their persons and places in more reputation and procure a higher valuation of Holy mysteries Yea this fasting would be wholesome to some souls who afterwards would feed on Divine Service with greater appetite Hereby two Grand effects were generally produc'd in the Kingdom One a terrible impression made in mens mindes of the Popes Power which they had often heard of and now saw and felt whose long arm could reach from Rome all over England and lock the doors of all Churches there an Emblem that in like manner he had or might have bolted the Gates of Heaven against them The second an Alienation of the peoples hearts from King John all being ready to complain O cruell Tyrant over the souls of his Subjects whose wilfulnesse depriveth them of the means of their salvation King Johns innocence the Popes injustice in these proceedings 9. However if things be well weighed King John will appear meerly passive in this matter suffering unjustly because he would not willingly part with his undoubted right Besides suppose him guilty what equity was it that so many thousands in England who in this particular case might better answer to the name of Innocent then his Holinesse himself should be involved in his punishment God indeed sometimes most justly punisheth subjects for the defaults of their Soveraignes as in the case of the plague destroying the people for Davids numbring of them But it appears in the a Compare the 2 Sam. 74. 1 with the 1 Chron. 21. 1 Text that formerly they had been offenders and guilty before God as all men at all times are But seeing
wearisome Though a Royall Guest with often coming his Royalty made not his Guestship the more accepted but the notion of a Guest rendred his Royalty the lesse to be esteemed Indeed his visits of Abbeys at first did wear the countenance of Devotion on which account this King was very eminent but afterwards they appeared in their own likeness the dimmest eye seeing them to proceed from pure Necessity 37. Soon after began the Civill Warrs in England No part of Church-work with various success sometimes the King and sometimes the Barons getting the better till at last an indifferent Peace was concluded for their mutuall good as in the Historians of the Common-wealth doth plentifully appear 38. The later part of the reigne of King Henry was not onely eminent in it self Bettered by affliction but might be exemplary to others He reformed first his own naturall errours then the disorders in his Court the Expence whereof he measured by the just rule of his proper Revenue The rigour and corruption of his Iudges he examined and redressed by strict commission filled the seats of Iudgement and Counsell with men nobly born sate himself daily in Counsell and disposed affairs of most weight in his own person 39. And now the Charta Magna was very strictly observed Charta Magna first fully practised being made in the ninth year of this Kings reign but the practice thereof much interrupted and disturbed with Civill Wars it is beheld by all judicious men as like the aurea Bulla or golden Bull of Germany the life of English Liberty rescued by the bloud and valour of our Auncestours from Tyrannicall incroachment giving the due bounds to Prerogative and Propriety that neither should mutually intrench on the others lawfull Priviledges And although some high Royallists look on it as the product of Subjects animosities improving themselves on their Princes extremities yet most certain it is those Kings flourished the most both at home and abroad who tyed themselves most conscientiously to the observation thereof 40. Two Colledges in Oxford were founded in the Reign of this King Bailiol Colledge built by a banisht Prince One Bailiol Colledge 46 by Iohn Bailiol and Dervorguill his Lady of Bernads Castle in the Bishoprick of Durham 1262 banisht into England and Father of Bailiol King of Scotland Wonder not that an Exile should build a Colledge Charity being oftentimes most active in the afflicted willingly giving to others a little of that little they have witness the Macedonians whose deep a 2 Cor. 8. 2. poverty abounded to the riches of their Liberality 41. True it is Great revenues for that Age. the ancient revenues of this Colledge were not great allowing but b Roger Walden in his History eight pence a week for every Scholar therein of his Foundation whereas Merion Colledge had twelve pence and yet as c Bri. Twine antiq Acad. Ox. in Appendice Endowed with more land then now it possesseth one casteth up their ancient revenues amounted unto ninety nine pounds seventeen shillings ten pence which in that Age I will assure you was a considerable Summe enough to make us suspect that at this day they enjoy not all the Originall lands of their foundation 42. Indeed I am informed that the aforesaid King Bailiol bestowed a large proportion of Land in Scotland on this his Fathers Foundation The Master and Fellows whereof petitioned King Iames when the Marches of two Kingdomes were newly made the middle of one Monarchy for the restitution of those Lands detained from them in the Civil Warres betwixt the two Crowns The King though an affectionate lover of Learning would not have his Bounty injurious to any save sometimes to himself and considering those Lands they desired were long peaceably possessed with divers Owners gave them notice to surcease their Suit Thus not King Iames but the infeacibility of the thing they petitioned for to be done with justice gave the denyall to their Petition 43. Being to present the Reader with the Catalogues of this The Authours request to the learned in Oxford and other worthy Foundations in Oxford I am sorry that I can onely build bare Walls erect empty Columns and not fill them with any furniture which the ingenuous Reader I trust will pardon when he considers first that I am no Oxford-man secondly that Oxford is not that Oxford wherewith ten years since I was acquainted Wherefore I humbly request the Antiquaries of their respective Foundations best skill'd in their own worthy Natives to insert their own observations which if they would return unto me against the next Edition of this work if I live it be thought worthy thereof God shall have the Glory they the publick thanks and the world the benefit of their contribution to my endeavours 44. The Catalogue of Masters we have taken with an implicite faith Four necessary things premised out of M r. Brian Twine who may be presumed knowing in that subject untill the year 1608. where his work doth determine Since which time we have supplyed them as well as we may though too often at a losse for their Christian names If M r. Twine his Register be imperfect yet he writes right who writes wrong if following his Copy 45. The List of Bishops hath been collected out of Francis Godwine Bishop of Hereford Whence the Bishops are collected whose judicious paines are so beneficiall to the English Church Yet Godwinus non vidit omnia and many no doubt have been omitted by him 46. As for the Roll of Benefactours Whence the Benefactours I who hope to have made the other Catalogues true hope I have made this not true upon desire and confidence that they have more then I have or can reckon up though following herein I. Scot his printed Tables Anno Dom. 1262 and the last Edition of Iohn Speed his Chronicle Anno Regis Henrici 3. 46 47. The column of learned Writers I have endeavoured to extract out of Bale and Pitts Whence the learned writers Whereof the later being a member of this University was no lesse diligent then able to advance the Honour thereof 48. Let none suspect that I will enrich my Mother No wilfull wrong done by rebbing my Aunt For besides that Cambridge is so conscientious she will not be accessary to my Felony by receiving stollen goods Tros Tyriusque mihi nullo discrimine habetur A Trojan whether he Or a Tyrian be All is the same to me It matters not whether of Cambridge or Oxford so God hath the Glory the Church and State the Benefit of their learned endeavours 49. However Adde and mend I am sensible of many defects and know that they may be supplied by the endeavours of others Every man knows his own land better then either Ortelius or Mercator though making the Maps of the whole world And the members of respective Colledges must be more accurate in the
Witness my self at Westminster c. Date we from this day the achme or vertical height of Abbeys which henceforward began to stand still at last to decline Formerly it was Endow Monasteries who would hereafter who could having first obtained licence from the King Yet this Law did not ruine but regulate not destroy but direct well grounded liberality that bounty to some might not be injury to others Here I leave it to Lawyers by profession to shew how many years after viz. the eighteenth of of Edward the third Prelates Impeached before the Kings Justices for purchasing land in Mortmain shall be dismissed without further trouble upon their producing a charter of licence and process thereupon made by an Inquest ad quod damnum or in case that cannot be shewed by making a convenient Fine for the same who the active Prelats of this age 14. The late mention of the Prelates advise in passing a Law so maleficial unto them giveth me just occasion to name some the principal persons of the Clergie present thereat namely 1. John Peckam Arch-Bishop of Canterbury a stout man He afterwards excommunicated the Prince of Wales because he went a long journey to perswade him to peace with England but could not prevaile 2. William Wickwane Anno Regis Ed. 1. 11. Arch-Bishop of York Anno Dom. 1283. accounted a great Scholar Author of a Book called Memoriale and esteemed a petty-saint in that Age. 3. Anthony Beake soon after Bishop of Durham the richest and proudest alwayes good manners to except Cardinal Wolsey of that place Patriarch titular of Jerusalem and Prince of the Isle of Man Yet in my minde Gilbert Sellinger his contemporary and Bishop of Chichester had a far better Title as commonly called the Father of Orphans and Comforter of the widdows These with many more Bishops consented though some of them resorbentes suam bilem as inwardly angry to the passing or confirming of the Statute of Mortmain To make them some amends the King not long after favourably stated what causes should be of spiritual cognizance 15. For a Parliament was called at Westminster 13. eminent on this account 1285. that it laid down the limits The Spiritual and Temporal Courts bounded by Parliament and fixed the boundaries betwixt the Spiritual and Temporal Jurisdictions Hitherto shall you come and no farther though before and since both powers have endeavoured to enlarge their own and contract their Rivals authority We will present first the Latin out of the Records and then the English out of our printed Statutes and make some necessary observations on both REX talibus Judicibus Salutem Circumspectè agatis de negotiis tangentibus Episcopum Norwicensem ejus Clerum non puniend eos si placitum tenuerint in Curia Christianitatis de bis quae merè sunt spiritualia viz. de correctionibus quas Prelati faciunt pro mortali peccato viz. pro fornicatione adulterio hujusmodi pro quibus aliquando infligitur paena corporalis aliquando pecuniaria maximè si convictus fuerit de hujusmodi liber homo Item Si Praelatus puniat pro cemeterio non clauso Ecclesia discooperta vel non decenter ornata in quibus casibus alia poena non potest inffigi quam pecuniaria Item Si Rector petat versus parochianos oblationes decimas debitas vel consuetas vel si Rector agat contra Rectorem de decimis majoribus vel minoribus dummodo non petatur quarta pars valoris Ecclesiae Item Si Rector petat mortuà rium in partibus ubi mortuarium dari consuevit Item Si Praelatus alicujus Ecclesiae vel advocatus petat à Rectore pensionem si debitam omnes hujusmodi petitiones sunt faciend in foro Ecclesiastico De violenta manuum injectione in Clericum in causa diffamationis concessum fuit aliàs quod placitum inde teneatur in Curia Christianitatis cum non petatur pecunia sed agatur ad correctionem peccati similiter pro fidei laesione In omnibus praedictis casibus habet judex Ecclesiasticus cognoscere regia prohibitione non obstante THe KING to his Judges sendeth Greeting Use your self circumspectly in al matters concerning the Bishop of Norwich his Clergie not punishing them if they hold plea in Court Christian of such things as be meerly spiritual that is to wit of penance enjoyned for deadly sin as fornication adultery and such like for the which many times corporal penance or pecuniary is enjoyned specially if a free man be convict of such things Also if Prelates do punish for leaving Church-yards unclosed or for that the Church is uncovered or not conveniently decked in which cases none other penance can be enjoyned but pecuniary Item If a Parson demand of his parishioners oblations and tythes due and accustomed or if any person plead against another for tythes more or less so that the fourth part of the value of the Benefice be not demanded Item If a Parson demand mortuaries in places where a mortuarie hath used to have been given Item If a Prelate of a Church or if a Patron demand a pension due to themselves all such demands are to be made in a Spiritual Court And for laying violent hands on a Priest and in cause of defamation Anno Dom. 1285 it hath been granted already Anno Regis Ed. 1. 13. that it shall be tried in a Spiritual Court when money is not demanded but a thing done for punishment of sin and likewise for breaking an oath In all cases afore rehearsed the Spiritual Judg shall have power to take knowledge notwithstanding the Kings prohibition Something must be premised about the validity of this writing learned men much differing therein Some make it 1. Onely a constitutiou made by the Prelates themselves much too blame if they cut not large pieces being their own Carvers 2. A meer Writ issued out from the King to his Judges 3. A solemn Act of Parliament compleat in all the requisites thereof Hear what * Mr Nath. Bacon in his Hist Dis of the Government of England lib. 1. pag. 233. a Bacon but neither S r Nicolas nor S r Francis the two Oracles of Law writes in this case A writing somewhat like a Grant of Liberties which before times were in controversie and this Grant if it may be so called hath by continuance VSURPED the name of a Statute but in its own nature is no other then a Writ directed to the Judges Presently after he saith It is therefore no Grant nor Release but as it were a Covenant that the Clergie should hold peaceable possession of what they had upon this ground And in the next page more plainly For my part therefore I shall not apprehend it of a higher nature then the Kings Writ which in those dayes WENT FORTH AT RANDOM 16. Come we now to the calme judgment of S r Edward Cook Judg Cokes decision on whose decision we may
indignities offered him was at last by them beheaded on Tower-Hill patiently ending his life and dying a State-Martyr But most fiercely fell their fury on the Dutch in London offended be-like with them for ingrossing of Trade and these words bread and cheese were their neck-verse or Shibboleth to distinguish them all pronouncing broad and cause being presently put to death Of all people onely some a See Godwins Catalogue of the Bishops of Norwich in Hen Spencer Franciscan Friers found favour in their sight whom they intended to preserve What quality to us occult commended them to their mercy Was it because they were the most ignorant of other Friers and so the likest to themselves But perchance these Rebells if demanded were as unable to render a reason why they spared these as why they spoiled others being equally irrational in their kindnesses as in in their cruelties 21. Judas Wat Tyler parallel'd When I read that passage of Judas in the Counsel of b Acts 5. 37. Gamaliel it seemeth to me plainly to describe the rising increase and ruine of these Rebels 1. Rising There rose up Judas of Galilee in the dayes of the taxing so Tiler appeared and this rebellion was caused by poll-money heavily imposed by the King and the arrears thereof more cruelly exacted by his Courtiers that farmed it And pitty it is so foul a rebellion could pretend so fair an occasion for the extenuating thereof 2. Encrease And drew away much people after him so the snow-ball encreased here John c In his book called Vox Clamantis lib. 1. cap. 14. Gower telleth us in his paralel of the martyring of Simon Sudbury Arch-Bishop of Canterbury with Thomas Becket his predecessour Quatuor in mortem spirarunt foedera Thomae Simonis centum mille dedere necem But four conspir'd Thomas his bloud to spill Whiles hundred thousands Simon help to kill Nor was this any poetical Hyperbole but an historical truth if the several numbers of their three armies were summ'd up together 3. Ruine He also perished and all even as many as obeyed him were dispersed so here no sooner was Wat Tiler their General as I may terme him kill'd by valiant Wallworth the Lord Mayor of London and his assistance for it was John a Weavers funeral Monuments p. 693. Cavendish Esquire that dispatch'd him with a mortal wound in Smithfield and Jack Straw their Lieutenant-General legally b Stow Survey of London pag. 55. beheaded too brave a death for so base a fellow but all the rest mouldered away and vanished In memory of S r William Wallworths valour the Armes of London formerly a plain Cross were augmented with the addition of a Dagger to make the coat in all points compleat Happy when the Cross as first there in place directeth the Dagger and when the Dagger defendeth the Cross when Religion sanctifieth power and power supporteth Religion 22. But Cope chargeth all this rebellion on Wicliffs doctrine Alanus Copus for he it is whose Ecclesiastical History of England goes under the name of Harpsfield heavily chargeth all this rebellion on the account of Wicliffe's doctrine Whose scholars saith c In his Histo Wicliffiana cap. 12. he to promote their Masters opinions stirred up this deadly and damnable sedition and sounded the first trumpet thereunto Adding moreover that Wicliffe's tenet that Dominion is founded in grace and that a King guilty of mortal sin is no longer Lord of any thing was Cos hujus seditionis The whet-stone of this sedition But to what lyer the whet-stone doth properly belong will presently appear 23. It is no news for the best of Gods children His malicious slander confused to be slandered in this kinde Jeremy was d Jer. 37. 13 traduced Thou fallest away to the Caldeans S t Paul was e Acts 24. 5. accused We have found this man a pestilent fellow a mover of sedition Yea our Saviour himself was f John 19. 12. charged that He made himself a King and was a traytor to Caesar But as these were soul and false aspersions so will this appear if we consider 1. When John Ball was executed at S t Albans and Jack g See his confession at large in Stows Survey of London p. 54. Straw at London not the least compliance with Wicliffe or his doctrine is either charged on them or confessed by them 2. No wilde beast will prey on his own kinde Now it is certainly known that John of Gaunt Duke of Lancaster was the principal Patron and supporter of Wicliffe whose life they sought to destroy and whose Palace in the Strand they pillaged 3. Wicliffe himself came within the compass of their destructive principles designing the death of all who wore a pen and ink And that Wicliffe had both pen and ink Cope himself doth know and the Court of Rome with shame and sorrow will confess 4. Wicliffe lived some years after and died peaceably possessed of the Living of Lutterworth in Leicester-shire Surely had he been reputed the inflamer of this rebellion the wisdom of the King and Councel would have taken another order with him 5. Amongst the articles laid to the charge of Wicliffe and his followers in this Kings Reign examined at Oxford and elsewhere not a tittle of this rebellion is pressed upon them Which their malicious adversaries would not have omitted if in any hope to make good that accusation against them 6. Whereas it is charged on Wicliffe that he held that Dominion was founded in grace which occasioned this rebellion we know this that Huss his scholar though he did hold that a King being in mortal sin was onely called a King aequivoca denominatione yet the same Huss confesseth to use his own h Huss Tract de Decimis pag. 128. See Bishop Davenants 30 Determination words Ipsum Deum approbare hujusmodi Regem quoad esse Principem exterius That God himself allows such a King to be a Prince in all outward matters So that leaving him to Divine Justice he never dreamt of any resistance or rebellion to be made against him 7. The modern Protestants heirs say the Papists to Wicliffe's doctrine so far abominate these Rebels their levelling and ignorant principles that they are known both to maintain distances of people and to have been the restorers of lost yea the revivers of dead learning and languages How had the Mathematicks measured their own grave Greek turn'd barbarisme Hebrew as it readeth gone backward never to return again had not Protestant Criticks with vast pains and expence preserved them 8. It is more suspicious that this rebellion came out of the Franciscan Covent because some of these belike were the rebels white-boyes and as is afore mentioned to be spared in a general destruction In a word I wonder how many ingenuous Papists can charge Wicliffe of rebellion in maintaining Dominion to be founded in grace when the Grandees of their own Religion Aquine Cajetane Bellarmine Suarez
whthout knots tied thereon ready to disburse such summes as should be demanded Indeed the Clergie now contributed much money to the King having learned the Maxime commended in the Comedian b Terent Adelph Pecuniam in loco negligere maxumum interdum est lucrum And perceiving on what ticklish termes their state stood were forced to part with a great proportion thereof to secure the rest c Vide infrà in hist of Abbeys lib. 2. cap. 1. the Parliament now shrewdly pushing at their temporal possessions For although in the first year of King Henry the Earls of Northumberland and Westmerland came from him to the Clergie with a complement that the King onely d Antiq. Brit. pag. 273. Harpsfield hist Ang. pag. 618. out of whom the following table of Synods is composed desired their prayers and none of their money Kingdoms have their honey-moon when new Princes are married unto them yet how much afterwards he received from them the ensuing draught of Synods summoned in his dayes doth present Place President Preacher Text. Money granted the King The other Acts thereof 1. Saint Pauls in London The Prior and Chapter of Canterbury in the Arch-Bishops absence William Bishop of Rochester Cor meum diligit Principes Israel Nothing at this time but the Clergies prayers required The King at the request of the Universities promised to take order with the Popes Provisions 1399 provensions 1. that so learned men might be advanc'd St Gregory his day made holy 2. Saint Pauls in London 2 Thomas Arundel 1400  A Tenth and half For a single Tenth was first profered him and he refused it Nothing else of moment passed save Sautres condamnation 3. Ibidem 4 Idem 1402.  At the instance of the Earl of Somerset of Lord Ross the Treasurer a Tenth was granted The Clergy renewed their Petition of Right to the King that they should not be proceeded aganist by temporal Judges nor forced to sell their goods for provision for the Kings Court No answer appears 4. Ibidem 6. Henry Bishop of Lincoln 1404 the Arch-Bishop being absent in an Embassie  A Tenth towards the Kings charges in suppressing the late Rebels Constituted that the obsequies of every English Bishop deceased should be celebrated in all the Cathedrals of the Kingdom 5. Ibidem 7. Thomas Arundel 1405  A Tenth when the Laity in Parlian t. gave nothing Nothing or consequence 6. Ibidem 8. Henry Beaufort Bish 1406 of Winchest the Arch-Bishop being absent Thomas Bishop of Carlile Magister adest vocat te A Tenth Nothing of moment 7. Ibidem 10. Thomas Arundel 1408 John Monke of S t Augustine in Canterbury Faciet unusquisque opussuum  This Synod was principally employed in suppressing of Schism and the following Synod in the same year to the same purpose 8. Saint Pauls in London Idem Anno Dom. 1408. John Botel general of the Franciscans Vos vocati estis in uno corpore   9. Ibidem Anno Regis Hen. 4 10 Henry Bishop of Winchester the Arch-Bishop being abroad in an Embassie John Langdon Monk of Canterbury Stellae dederunt lumen A Tenth and a Subsidy granted saith a Antiq. Brit. p. 274. Matthew Parker but b Harpsfield Ecc. Ang pag. 616. others say the Clergie accused themselves as drained dry with former payments Also the Popes Agent progging for money was denied it 1411. Little else save some endeavours against Wicliffs opinions 13. 10. Ibid. Thomas Arundel John God-mersham Monk of Canterbury Diligite lumen sapientiae omnes qui praeestus A Tenth 1412. The Clergie compained to the King of thier grievances but received no redress The Popes Rents sequestred into the Kings hands during the Schisme betwixt Gregory the 12 th and Benedict 14. We will not avouch these all the conventions of the Clergie in this Kings Reign who had many subordinate meetings in reference to their own occasions but these of most publick concernment Know this also that it was a great invitation not to say an inforcement to make them the more bountiful in their contributions to the King because their leaders were suspicious of a design now first set on foot in opposition to all Religious Houses as then termed to essay their overthrow Which project now as a Pioneer onely wrought beneath ground yet not so insensibly but that the Church-Statists got a discovery thereof and in prevention were very satisfying to the Kings Pecuniary desires Insomuch that it was in effect but ask and have such their compliance to all purposes and intents The rather because this King had appeared so zealous to arm the Bishops with terrible Laws against the poor naked Lollards as then they were nick-named 9. Now we pass from the Convocation to the Parliament Anno Regis Hen. quart 14. onely to meddle with Church-matters therein Anno Dom. 1412. desiring the Reader to dispense in the Margin with a new Chronology of this Kings Reigne A new Crhonologie assuring him that whatsoever is written is taken out of the Authentick Records of the Parliament in the Tower 10. It was moved in Parliament A severe motion against the Welch that no Welch-man Bishop or other be Justice Chamberlain Chancellor Treasurer Sheriff Constable of a Castle Receiver Escheator Coroner or chief Forester or other Officer whatsoever or * Ex rot Par. in tur Lond. in hoc anno Keeper of Records or Lieutenant in the said Offices in any part of Wales or of Councel to any English Lord not withstanding any Patent made to the contrary Cum clausula non obstante Licet Wallicus natus 11. It was answered that the King willeth it except the Bishops Moderated by the King and for them and others which he hath found good and loyal lieges towards him our said Lord the King will be advised by the advise of his Councel 12. Such as wonder why the Parliament was so incensed against the Welch The cause of his auger seeing Henry Prince of Wales was their own Country-man born at Monmouth may consider how now or very lately Owen Glendowre a Welch Robber advanced by the multitude of his followers into the reputation of a General had made much sepoil in Wales Now commendable was the King's charity who would not return a national mischief for a personal injury seing no man can cause the place of his Nativity though he may bemoan and hate the bad practises of his own Nation 13. The Kings courteous exception for the Welch Bishops The Quaternion of welch Bps. who and what at this time putteth us upon a necessay enquiry who and what they were placed in Sees at this time S t Davids Landaffe Bangor S t Asaph Guido de Dona. Thomas Peberell Richard Yong. John Trebaur Or of Anglesey A true Briton by birth witness'd by his Name He was at the present Lord
the Pope to absolve people from Usury Symonie Theft Manslaughter Fornication Adultery and all crimes whatsoever saving Smiting of the Clergie and conspiring against the Pope and some few cases reserved alone to his Holiness This Gigies gat for himself the rich Bishoprick of Worcester yea we observe that in that See a Team of Four b Godwin in his Catalogue of the Bishops of Nor. p. 5â—0 Italians followed each other 1. John Giglis 2. Silvester Giglis 3. Julius Medices afterwards Clement the 7 th 4. Hieronymis de Negutiis Thus as weeds in a garden once got in hardly got out as sowing themselvess so these Italians having planted themselve in that rich place were never gotten out pleading as it were prescription of almost fourty years possession till the power of the Pope was partly banished England and then Hugh Latimer was placed in the Bishoprick 22. Arch-Bishop Morton 10. as one much meriting from the Pope 1494 was not noely honoured with a Cardinals Hat Rochester Bridg repaired by Pardons of the title of S t Anastatius but also privileged from his Holiness to visit all places formely exempt from Archiepiscopal jurisdiction Impowring him also to dispense his Pardons where he saw just cause Hereupon Rochester Bridge being broken down Morton to appear a Pontifex indeed bestowed remission from c Antiquit. Brit. p. 298. Purgatory for all sins whatsoever committed within the compass fourty dayes to such as should Bountifully contribute to the building thereof 23. The King had more then a moneths minde keeping seven years in that humour to procure the Pope to Canonize King Henry the sixth for a Saint The King desired King Henry then the sixth to be Sainted For English Saint-Kings so frequent before the Conquest were grown great dainties since that time France lately had her King Saint Lewis and why should not England receive the like favour being no less beneficial to the Church of Rome Nor could the unhappiness of our King Henry because Deposed from his Throne be any just bar to his Saintship seeing generally Gods best servants are most subject to the sharpest afflictions His Canonizing would add much Lustre of the Line of Lancaster which made his Kinsman and mediate successor King Henry the seventh so desirous thereof Besides well might he be made a Saint who had been a Prophet For when the Wars between Lancaster and York first began Henry the sixth beholding this Henry the seventh then but a Boy playing in the Court said to the standers by See this youth one day will quietly enjoy what we at this time so much fight about This made the king with much importunity to tender this his request unto the Pope A request the more reasonable because it was well nigh fourty years since the death of the Henry so that onely the skeletons of his virtues remained in mens memories the flesh and corruption as one may say of his faults being quite consumed and forgotten 24. Pope Alexander the sixth The requisiteâ— to a Canonization instead of granting his request acquainted him with the requisites belonging to the making of a Saint First that to confer that honour the greatest on earth was onely in the power of the Pope the proper judg of mens merits therein Secondly that Saints were not to be multiplied but on just motions Anno Dom. 1494 lest commonness should cause their contempt Anno Regis Hen. 7 10. Thirdly that his life must be exemplarily holy by the testimony of credible witnesses Fourthly that such must attest the truth of reall Miracles wrought by him after death Fifthly that very great was the cost thereof because all Chaunters Choristers * The Latin is Parafrenarii Bell-ringers not the least clapper in the steeple wagging except money was tied to the end of the rope with all the officers of the Church of Saint Peter together with the Commissaries and Notaries of the Court with all the officers of the Popes Bed-chamber to the very Lock-smiths ought to have their several fees of such cononization Adding that the total summe would amount to fifteen hundred Duckets a Antiq. Brit. pag. 229. of Gold Tantae Molis erat Romanum condere Sanctum Concluding with that which made the charges though not infinite indefinite that the costs were to be multiplied secundum Canonizati Potentiam according to the power or dignity of the person to be Canonized And certain it was the Court of Rome would not behold this Henry the sixth in the notion he died in as a poor prisoner but as he lived a King so long as he had this Henry his Kinsman to pay for the same 25. Most of these requisites met in King Henry sixth in a competent measure These applied to King Hen. 6. First the holiness of his life was confessed by all save that some sullen persons suggested that his simplicity was above his Sanctity and his life pious not so much out of hatred as ignorance of badness As for Miracles there was no want of them if credible persons might be believed two of whose Miracles it will not be amiss to recite 25. Thomas Fuller A brace of Miracles wrought by King Hen. 6. a very honest b Harpâ—field Hist Ecclesiastica saeculo decimo quinto pag. 646. man living at Hammersmith near London had a hard hap accidentally to light into the company of one who had stolen and driven away Cattle with whom though wholly innocent he was taken arraigned condemned and executed When on the Gallows blessed King Henry loving justice when alive and willing to preserve innocence after death appeared unto him so ordering the matter that the halter did not strangle him For having hung an whole hour and taken down to be buried he was found alive for which favour he repaired to the Tomb of King Henry at Chertsey as he was bound to do no less and there presented his humble and hearty thanks unto him for his deliverance The very same accident mutatis mutandis of place and persons with some addition about the apparition of the Virgin Mary hapned to Richard Boyes dwelling withing a mile of Bath the story so like all may believe them equally true 26. All the premisses required to a Saint appearing in some moderate proportion in Henry the sixth especially if charitably interpreted Saints themselves needs some favour to be afforded them it was the general expectation that he should be suddenly Canonized But Pope Alexander the sixth delayed and in effect denied King Henry's desire herein yea Julius his next successor of continuance not to mention the short liv'd Pius the third continued as sturdy in his denial 27. Men variously conjecture why the Pope in effect should deny to Canonize King Henry the sixth a witty Reasons why King Hen. 6. was not Sainted but tart reason is rendred by a Noble c The Lord Bacon pen because the Pope would put a difference betwixt a Saint and an
pay and reward some of his poorest servants giving them money on this condition that hereafter they should serve no subject but onely the b Rex Platonicus pag. 43. King himself as if this had been suscipere gradum Simeonts for those who so long had attended on a Lord-Cardinal But this happened many years after we return to this proud Prelate while he flourished in the height of his Prosperity 36. Their heads will catch cold Wolsey turns his waiting into revenge which wait bare for a dead Popes Tiple-Crown Wolsey may be an instance hereof who on every avoidance of S t Peters Chaire was sitting down therein when suddenly some one or other clapt in before him Weary with waiting he now resolved to revenge himself on Charles the Emperour for not doing him right and not improving his power in preferring him to the Papacy according to his promioses and pretences He intends to smite Charles through the sides of his Aunt Katharine Queen of England endeavouring to alienate the Kings affections from her And this is affirmend by the generality of our Historians though some of late have endeavoured to acquit Wolsey as not the first perswader of the King divorce 37. Indeed he was beholding The scruple of the Kings marriage for the first hint thereof to the Spaniards themselves For when the Lady Mary was tendered in marriage to Philip Prince of Spain the Spanish Embassadours seemed to make some difficulty thereof and to doubt her extraction as begotten on a mother formerly married to her husbands elder brother Wolsey now put this scruple into the head of Bishop Longlands the Kings Confessour and he insinuated the same into the Kings conscience advising him hereafter to abstain from the company of his Queen to whom he was unlawfully married Adding moreover that after a divorce procured which the Pope in justice could not deny the King might dispose his affections where he pleased And here Wolsey had provided him a second Wife viz Margarite Countess of Alenzon sister to Francis King of France though heavens reserved that place not for the Mistress but her Maid I mean Anna Bollen who after the return of Mary the French Queen for England attended in France for some time on this Lady Margarite 38. Tunder needs no torch to light it The King willingly embraceth the motion the least spark will presently set it on flame No wonder if King Henry greedily resented the motion Male issue he much wanted and a young Female more on whom to beget it As for Queen Katharine he rather respected then affected rather honoured then loved her She had got an habit of miscarrying scarce curable in one of her age intimated in one of the Kings private papers as morbus incurabilis Yet publickly he never laid either fault or defect to her charge that not dislike of her person or conditions but onely principles of pure conseience might seem to put him upon endeavours of a Divorce 39. The business is brought into the Court of Rome The Pope a Captive there to be decided by Pope Clement the seventh Bnt the Pope at this time was not sui juris being a prisoner to the Emperour who constantly kept a guard about him 44. As for the Queens Councel Fishers short plea. which Anno Dom. 1529 though assigned to her Anno Regis Hen. 8 25. appear not dearly accepted by her as chosen rather by others for her then by her for her self I finde at this present little of moment pleaded or performed by them Onely Bishop Fisher affirmed that no more needed to be said for the validity of the marriage then Whom God hath joyned together let no man put asunder A most true position in it self if he could have cleared the application thereof to his Royal Client but Hoc restat probandum the contrary that God never joyned them together being vehemently urged by her adversaries 45. Notwithstanding the Queens absence The pleas of the Kings Councel the Court proceeded And first the Kings Proctors put in their exceptions against both Bull and Breve of Pope Julius the second dispensing with the Kings marriage with his brothers wife viz. 1. That they were not to be found amongst the Original Records in Rome 2. That they were not extant in Chartaphylacio amongst the King of Englands papers most concerned therein but found onely in Spain amongst the writings of a State-Officer there 3. That in them it was falsely suggested as if the same were procured at the instance of Henry Prince of Wales who then not being above thirteen years old was not capable of such intentions 4. That the Date thereof was somewhat discrepant from the form used in the Court of Rome 46. After this Secrets sub sigillo thalami many witnesses on the Kings side were deposed July 12. and though this favour is by custome indulged to the English Nobility to speak on their Honours yet the Canon-Law taking no notice of this their municipal priviledg and for the more legal validity of their restimonies required the same on oath though two Dukes one Dutchess one Marquess many Lords and Ladies gave in their depositions These attested 1. That both were of sufficient age Prince Arthur of fifteen years the Lady Katharine somewhat elder 2. That constant their cohabitation at board and in bed 3. That competent the time of the same as full five moneths 4. That entire their mutual affection no difference being ever observ'd betwixt them 5. That Henry after his Brothers death by an instrument produced in Court and attested by many witnesses refused to marry her though afterwards altered by the importunity of others 6. That by several expressions of Prince Arthur's it appeared he had carnal knowledg of the Lady Katharine The beds of private persons are compassed with curtaines of Princes vailed also with canopies to conceal the passages therein to which modesty admitteth no witnesses Pitty it is that any with Pharaoh should discover what is exchanged betwixt Isaac and Rebekah all which are best stifled in secrecy and silence However such the nature of the present cause that many privacies were therein discovered 47. Observe by the way A shrewd retortion that whereas it was generally alledged in favour of the Queen that Prince Arthur had not carnal Knowledg of her because soon after his marriage his consumptionish body seemed unfit for such performances this was retorted by testimonies on the Kings side his witnesses deposing that generally it was reported and believed the Prince impaired his health by his over liberal paiment of due benevolence 48. It was expected that the Cardinals should now proceed to a definitive sentence An end in vain expected according as matters were alledged and proved unto them The rather because it was generally reported that Campegius brought over with him a Bull Decretal to pronounce a nulsity of the match if he saw just cause for the same Which rumor like
be then alive thereunto before the marriage had in writing sealed with their seals which Condition We declare limit and appoint and will by these presents shall be to the said estate of Our said Daughter ELIZABETH in the said Imperiall Crown and other the premises knit and invested And if it shall fortune Our said Daughter ELIZABETH to die without Issue of Her body lawfully begotten We will that after Our decease and for default of Issue of the several bodies of Us and of our said Son Prince EDWARD and of Our said Daughters MARY and ELIZABETH and said Imperiall Crown and other the premises after Our decesse shall wholly remain and come to the Heires of the body of the Lady FRANCES Our Niece eldest Daughter to Our late Sister the French Queen lawfully begotten and for default of such Issue of the body of the said Lady FRANCES We will that the said Imperiall Crown and other the premises after Our decease and for default of Issue of the severall bodies of Us and of Our Son Prince EDWARD and of Our Daughters MARY and ELIZABETH and of the Lady FRANCES lawfully begotten shall wholly remain and come to the Heirs of the body of the Lady ELANOR Our Niece second Daughter to Our said Sister the French Queen lawfully begotten And if it happen the said Lady ELANOR to die without Issue of Her body lawfully begotten We will that after our decease and for default of Issue of the severall bodies of Us and of Our said Son Prince EDWARD and of Our said Daughters MARY and ELIZABETH and of the said Lady FRANCES and of the said Lady ELANOR lawfully begotten the said Imperiall Crown and other the premises shall wholly remain and come to the next rightfull Heirs And we sill that if Our said Daughter MARY doe marry without the consent and assent of the Privy Counsellours and others appointed by Us to be of Counsell to Our said Son Prince EDWARD or the most part of them as shall then be alive thereunto before the said marriage had in writing sealed with their seals as is aforesaid that then and from thenceforth for lack of Heirs of the severall bodies of Us and of Our said Son Prince EDWARD lawfully begotten the said Imperial Crown shall wholly remain be and come to Our said Daughter ELIZABETH and to the Heirs of Her body lawfully begotten in such manner and form as though Our said Daughter MARY were then dead without any Issue of the body of Our said Daughter MARY lawfully begotten Any thing contained in this Our Will or any Act of Parliament or Statute to the contrary in any wise notwithstanding And in case Our said Daughter the Lady MARY doe keep and perform the said Condition expressed declared and limited to Her estate in the said Imperiall Crown and other the premises in this Our last will declared And that Our said Daughter ELIZABETH doe not keep and perform for Her part the said condition declared and limited by this Our last Will to the estate of the said Lady ELIZABETH in the said Imperiall Crown of this Realm of England and Ireland Ann. Dom. 1546 and other the premises Ann. Regis HeÌ„ 8. 38. We will that then â—and from thencesorth after Our decease and for lack of Heirs of the several bodies of Us and of Our said Son Prince EDWARD and of Our said Daughter MARY lawfull begotten the said Imperiall Crown and other the premises shall wholly remain and come to the next Heirs lawfully begotten of the body of the said Lady FRANCES in such manner and form as though the said Lady ELIZABETH were then dead without any Heir of Her body lawfully begotten Any thing contained in this Will or in any Act or Statute to the contrary not withstanding the remainders over for lack of Issue of the said Lady FRANCES lawfully begotten to be an continue to such persons like remainders and estates as is before limited and declared And We being now at this time thanks to Almighty God of perfect memory Names of the Executo s. doe constitute and ordain these personages following Our Executors and Performers of this Our last Will and Testament willing commanding and praying them to take upon them the occupation and performance of the same as Executors Tho Cranmer that is to say the Archbishop of Canterbury the Lord Wriothesly Chancellour of England the Lord St. John greater Master of Our House Edw. Seymour John Dudley the Earl of Hartford great Chamberlain the Lord Russell Lord Privie Seal the Viscount Lisle high Admirall of England the Bishop Tonstall of Duresme Sir Anthony Browne Knight Master of our Horses Sir Edward Montague Knight chiefe Judge of the Common Pleas Justice Bromley Sir Edward North Knight Chancellour of the Augmentations Sir William Pagett Knight Our chief Secretary Sir Anthony Denny Sir William Herbert Knights chief Gentlemen of Our Privy Chamber Sir Edward Wotton Knight and Mr. Doctor Wotton his brother and all these We will to be Our Executors and Counsellors of the Privie Counsell with Our said Son Prince EDWARD in all matters concerning both his private affairs and publick affairs of the Realm willing and charging them and every of them as they must and shall answer at the day of judgment wholly and fully to see this my last Will and Testament performed in all things with as much speed an diligence as may be and that none of them presume to meddle with any of Our treasure or to do any thing appointed by Our said Will alone unlesse the most part of the whole number of these Co-executors doe consent and by writing agree to the same And will that Our said Executors or the most part of them may lawfully doe what they shall think most convenient for the execution of this Our Will without being troubled by Our said Son or any other for the same Willing further by Our said last Will and Testament that Sir Ed mund Peckham Our trusty servant and yet Cofferer of Our house shall be Treasurer and have the receipt and laying out of all such treasure and money as shll be defrayed by Our Executors for the performance of this Our last Will straightly charging and commanding the said Sir Edmund that he pay no great summe of money but he have first the hands of Our said Executors or of the most part of them for his discharge touching the same charging him further upon his allegiance to make a true account of all such summes as shall be delivered to his hands for this purpose And sithence We have now named and constituted Our Executors We will and charge them that first and above all things as they will answer before God and as We put Our singular trust and confidence in them that they cause all Our due Debts that can be reasonably shewed and proved before them to be fully contented and payed as soon as they conveniently can or may after Our decease without longer delay and that they doe
His Graces late promotion had Subverted the Faith of CHRIST as they thought which is the Archbishop of Canterbury the Bishops of Rochester Salisbury S. Davids and Dublin 3. This Lincoln shire Commotion being quickly suppressed and a right understanding begotten betwixt the King and His Subjects the Rebellious humour removed into Yorkâ—shire where no fewer than fifty thousand saith Sanders were assembled in a body under Robert Aske a mean Gentleman their Captain and one Diamond though a knave of another suit who termed himself the Earl of Poverty yet this distemper also was seasonably cured by the King's pardon and their submission till soon after a great part of them fell into a relapse of Rebellion carrying in their Ensignes the five wounds of our Saviour the Chalice wiâ—h the Hoste and the Name of JESUS betwixt them who being vanquished by the King's forces under the command of the Earle of Shrewesbury were condignely executed for the same 4. Indeed Sanders Excused by Sanders unjustly to whom it is as naturall to defame as for a stone to descend complaineth That the King executed those whom formerly He had pardoned for the same offence contrary to Gods proceedings with whom peccata remissa non recurrunt yea contrary to equity and all common justice but our Chronicles make it plain that they ran on the score of a new Rebellion their faults specifically not numerically the same and justly suffered for their offences therein 5. Thomas Lord Darcy and the Lord Hussey first and last Baron of his Family were beheaded on this account The first of these being much bemoaned both for what he had been a marshall man of merit by sea and land and for what he was decaied being almost eighty with old age insomuch that there goeth a Tradition that he had the King's Pardon in his pocket and slept the while the sentence of condemnation was passed on him and then produced it too late such it seems were the rigorous proceedings against him Ask and Diamond were executed in this Rebellion Persons executed and so also were six Abbots namely of Sanley Barling Gerviaus Whaley Rivers with the Prior of Berlington besides many Gentlemen of prime account whereof these the chief Robert Constable Thomas Piercy Francis Bigot Nicholas Musgrave Nicholas Temple Stephen Hamilton Thomas Gilby William Lomley John Bulmar and his Wife However some pity may seem proper to these persons as ignorantly zealous and grieved to behold the destruction of the old Religion before they had received any competent instruction for a new And thus was there a rout of the most antient of the Northern Gentlemen of the Romish perswasion who in the next Generation had scarcely rallied themselves again but they were routed the second time in the Rebellion of the Earls of Northuâ—berland and Westmerland The return of the Visitors of Abbeys BY this time the Instruments imployed by the Lord Cromwell The return of the L. Cromwells agents to make discovery of the vitious lives of Monks and Fryers were all returned in their persons or in their intelligence sent unto him They were men who well understood the Message they went on and would not come back without a satisfactory answer to him that sent them knowing themselves were likely to be no losers thereby And now they had sound out water enough to drive the mill besides what ran by a sufficient detection to effect the businesse Of these some were put in Commission to visit Abbeys others moving in a lower but no lesse needful sphere of activity 2. Of these Commissioners the principal were Rich Layton The principall Commissioners The Legh William Peters Doctors of the Law a L. Herbert in the Life of Hen. 8. p 398. Doctor John London Dean of Wallingford Of the three former I can say nothing but finde the later though imployed to còrrect others no great Saint himself For afterwards he was publickly b Fex Acts Mon p. 1221 where is a picture thereof Their two-edged sword convicted of perjury and adjudged to ride with his face to the Horse-tale at Windosor and Ockingham with papers about his head which was done accordingly 3. Their power was partly Inquisitive to search into the former lives of religious persons partly Impositive to enjoyn them stricter rules for their future observation It is hard to say whether their eyes were more prying for what was past or hands more heavy for the time to come and most true it is that betwixt both many Monks formerly lazie in were now weary of their present profession 4. Some counted their Convents Monks weâ—ry of their lives their Prisons being thus confined for once out of the house without lawful cause and leave obtained and never in again It was a fine thing when they might but sad case when they must live in their Monasteries the Eighty six Articles of the Visitors looking with Janus partly backward partly forward did so vex them that many who had hopes of others subsistence cast off the Couls and Vails and quitted their Convents The second sort of insinuating Emissaries THese Visitors were succeeded with a second sort of publick Agents Others undone by their own dissentions but working in a more private way encouraging the members in Monasteries to impeach one another for seeing there was seldome such general agreement in any great Convent but that factions were found and parties did appear therein these Emissaries made an advantageous use thereof No Abbey could have been so soon destroyed but by cunning setting it against it self and secret fomenting of their own divisions Whereupon many being accused did recriminate their Accusers and hopelesse to recover their own innocency pleased themselves by plunging others in the like guiltinesse Others being conscious to themselves prevented accusing by confessing their faults and those very foul ones Insomuch that some have so much charity as to conceive that they made themselves worse than they were though it was a needlesse work for a Black-Moore to besoot his own face 2. Yea A charitable censure some hold that as Witches long-tortured with watching and fasting and pinched when but ready to nod are contented causlessly to accuse themselves to be eased of the present pain so some of these poor souls frighted with menaces and fearing what might be the successe acknowledged all and more than all against themselves the truth whereof none on earth can decide Soliciting and tempting Emissaries complained of by the Papists THe Papists doe heavily complain how justly God alone knoweth that a third sort of Agents were imployed A devilish design if true to practise on the chastity of the Nuns so to surprize them into wantonness Some young Gallants were on disigne sent to some Covents with fair faces flattering tongues store of gold and good cloathes youth wit wantonness and what else might work on the weaker sex These having with much craft scrued themselves into the affections of Nuns and brought them to
the Kings power but flattered into them by the apprehension of their own profit For many lands of subjects either naturally bald or newly shaven of their woods were commuâ—ed for Granges of Abbeys which like Satyres or Salvages were all over grown with trees and timber besides other disadvantages both for quantity and quality of ground as enhaunced for old rent Oh! here was the Royall Exchange 6. Lastly Unconscionable under-sale of Abbey-lands by sale at under-rates Indeed it is beneath a Prince enough to break His state to stoop to each Virgate and rod of ground Pedlar-like to higgle for a toy by retail and all Tenants and Chapmen which contract with Kings expect good bargains yet Officers entrusted to manage the revenue of the Crown ought not to behold it abused out of all distance in such under-valuations Except any will say He is not deceived who would be deceived and King Henry for the reason aforesaid connived at such bargains wherein rich Meadow was sold for barren Heath great Oaks for Fewell and Farms for revenue passed for Cottages in reputation But for farther instruction we remit the Reader to that information i Weaver's funerall Mon. pag. 125. presented to Queen Elizabeth by a man in authority though namelesse of the severall frauds and deceipts offered the Crown in this kinde But the motion rather drew odium on the Authour than brought advantage to the Crown partly because of the number and quality of persons concerned therein and partly because after thirty years the owners of Abbeys were often altered And though the chamber be the same yet if the guests be a new company it is hard for the host from them to recover his old arrearages Yea by this time when the foresaid information was given in the present possessors of much Abbey-land were as little allied to those to whom King Henry granted them as they to whom the King first passed them were of kin to the first Founders of those Monasteries Of the actions of policie pietie charitie and justice done by King Henry the eighth out of the revenues of dissolved Abbeys WE would not willingly be accounted like those called the 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 amongst the Jewes Good as well as bad must be observed in mixt actions whose office it was onely to take notice of the blots or blemishes the defects and deformities in sacrifices We would not weed King Henry's actions in His dissolving of Abbeys so as onely to mark the miscarriages and misdemeanous therein Come we to consider what commendable deeds this King did raise on the ruines of Monasteries 2. First K. Henry augmented the Crown-revenues He politickly increased the revenues of the Crown and Dutchie of Lancaster on which He bestowed the rich Abbey of Fourness in that County with annexing much land thereto and erecting the Court of Augmentations whereof largely hereafter for the more methodicall managing thereof though alas what the Crown possessed of Abbey-land was nothing to what He passed away Surely had the revenues of Monasteries been entirely kept and paid into the Exchequer there to make an Aerarium sacrum or Publick treasurie it is questionable whether the same had been more for the ease of the Subject or use and honour of the Soveraigne 3. Secondly Founded five new Bishopricks He piously founded five Bishopricks de novo besides one at West-minster which continued not where none had been before For though antiently there had been a Bishops Seat at Chester for a short time yet it was then no better than the Summer-house of the Bishop of Lichfield onely during the life of one Peter living there which now was solemnly made a Bishoprick for succession and four others namely Bishops See Diocesse assigned it Taken from the Bishoprick of 1. Oxford 2. Bristoll 3. Peterborough 4. Gloucester 5. Chester 1. Oxford shire 2. Dorset and some part of Gloucester shire 3. Northampton shire and Rutland 4. Gloucester-shire the rest 5. Chester Lancaster and Richmond shire 1. Lincolne 2. Sarisbury 3. Lincolne 4. Worcester 5. Lichfield and York Such who are Prelatically perswaded must acknowledge these new foundations of the King 's for a worthy work Those also of contrary judgment will thus farre forth approve His act because had He otherwise expended these Abbey-lands and not continued them to our times in these new Bishopricks they had not been in being by their late sale to supply the Common-wealth 4. Thirdly Monks places turned into Prebends where He found a Prior and Monks belonging to any antient Cathedral-Church there He converted the same into a Dean and Prebendaries as in 1. Canterbury 2. Winchester 3. Elie. 4. Norwich 5. Worcester 6. Rochester 7. Duresme 8. Carlile I dare not say that He entirely assigned though a good a Godwin in Henry the 8. Anno 1539. Nothing was taken away Authour affirmeth it all or the most part of those Priorie-lands to these His new foundations However the expression of a late b Dr. Montague Bishop of Norwich is complained of as uncivil and untrue that King Henry took away the sheep from that Cathedral and did not restore so much as the trotters unto it 5. Fourthly Grammar-schools founded by Him He charitably founded many Grammar-schools great need whereof in that Age in this Land as in Canterbury Coventry Worcester c. allowing liberall salaries to the Masters and Ushers therein had they been carefully preserved But sometimes the gifts of a bountifull Master shrink in the passage thorough the hands of a covetous Steward 6. Fiftly Hospitalls by Him conferr'd on London He charitably bestowed Gray Friers now commonly called Christ-Church and the Hospital of S. Bartholomew in London on that City for the relief of the poor thereof For the death of Charles Brandon Duke of Suffolke His beloved Brother-in-Law happ'ning the July before so impressed King Henry with a serious apprehension of His own mortality such the sympathy of tempers intimacie of converse and no great disparity of age betwixt them that He thought it high time to bethink Himself of His end and to doe some good work in order thereunto Hereupon on the 13 of January following Anno c Stows Survey of London pag. 417. 1546. He bestowed the said Hospitals on the City a gift afterwards confirmed and enlarged by King Edward the sixt 7. Sixtly Trinity College in Cambridge and Professors places by Him endowed He built and endowed the magnificent Colledge of Trinity finished Kings-Colledge Chappell-in Cambridge and founded Professours places for Languages Physick Law and Divinity in both Universities as in the proper place thereof shall hereafter largely appear 8. Seventhly Leland employed by Him to survey collect and preserve Antiquities He employed John Leland a most learned Antiquary to perambulate and visit the ruines of all Abbeys and record the Memorables therein It seems though the buildings were destroyed King Henry would have the builders preserved and their memories transmitted to
secret REx omnibus ad quos praesentes c. salutem Sciatis quod nos de gratia nostra speciali ac ex certa scientia mero motu nostris dedimus concessimus ac per praesentes damus concedimus dilecto servienti nostro Thomae Barthelet Impressori nostro quandam annuitatem sive quendam annualem redditum quatuor librarum sterlingorum Habendum annuatim percipiendum praedictam annuitatem sive annualem redditum quatuor librarum eidem Thomae Barthelet à Festo Paschae Anno Regni nostri vicesimo primo durante vita sua de Thesauro nostro ad receptum Scaccarii nostri per manus Thesaurarum Camerarii nostrorum ibidem pro tempore existendo ad Festa Sancti Michaelis Archangeli Paschae per equales portiones c. quod expressa mentio c. ⧠In cujus c. testimonium rei apud Westminsteriensem vicesimo secundo die Februarii Anno Regni HENRICI Octavi vicesimo primo Per Breve de privato Sigillo 19. An ample Commission was granted to Iohn Dudley Earl of Warwick Oxford Library reformed of all its antient Manuscripts and eight more any seven six five four three two or one of them to visit in capite membris the whole Diocesse but especially the University of Oxford The effects of this Visitation doe not appear save onely that they so clearly purged the University from all Monuments of superstition that they left not one Book of many goodly Manuscripts wherewith it was furnished by the munificence of severall Benefactors Thus covetousness and ambition are such active vices they are seldome off the Theater though not appearing with their own faces but the borrowed masks of publick good of Church or State Such Robbers deserve not the benefit of the Clergie to be saved by their book who feloniously not to say sacrilegiously purloined a publick Library from an University 20. The blame is commonly cast on Doctor Cox Loath to believe who as one saith but it is but one who saith it being then Chancellour of the University so * Sir Jo Harring in the Bishops of Ely cancelled the Books thereof they could never since recover them Indeed I finde b In his Preface to the Liâ—e of Sir Io. Cheâ—k printed at Oxford An. 1641. another Author charging him therewith but with this Parenthesis t is said and my charity would fain believe Fame a false report therein finding him otherwise a deserving person very well qualified and it is strange to me that he who at this present was the Kings Almoner to dispense his charity in giving to others should be so cruell and covetous and to deprive an University of so pretious a treasure so long and justly belonging unto them 21. The King's affairs both Ecclesiastical and Civil stood now in a probable posture of success An Epidemical distemper of disloyalty gliding on with a faire and full current when both on a sodain were unexpectedly obstructed with domestical dissentions of his own Subjects Distempers not considerable if singly considered in themselves but very dangerous in their concurrence as if all in severall Counties at one instant were acted with the same Spirit of Rebellion My Author imputeth it to Midsommer-Moon and the Sun now in Cancer though surely it proceeded from a deeper cause as will appear to the perusers of these two contemporary Treasons Devon Commotion Norfolk Rebellion 1. It began on Whiteson-monday at Sampford-Courtney June 10. where the People tumultuously compelled the Priest whose secret compliance is suspected by some covertly to court their compulsion to say Masse and officiate in Latine as best pleased with what they least understood 2. Henry Arundle Esquire Governor of the Mount in Cornwall one whose abilities might have been better imployed Winnslade a man of worship and one Coffin Gentleman were their principall Conducters Otherwise though assuming to themselves the high style of the Commons of Devonshire and Cornwall they were but an heap of mean Mechanicks though many in number and daily increasing so that at last they were reputed to exceed ten thousand all stout and able persons 3. Sir Pierce Courtney Sheriffe of Devon shire appear'd very loyal and active for their seasonable suppressing But others of the County Gentry whose names I had rather the Reader should learn from my Authors pen than mine own by their privie connivance and in effect concurrence much advantaged their proceedings Many were taken Prisoners by them July 2. because they would be taken and found favour thereupon And now the seditious march in a full body to Exeter and on the Citizens refusall to admit them in resolve suddenly to besiege it boasting they would shortly measure the Silks and Sattins therein by the length of their Bowes 4. Exeter is a round City on a rising Hill most capable of fortification both for the site and forme thereof Her walls though of the old Edition were competently strong and well repaired John Blackallar Major of Exeter though a meer Merchant little skilled in Politick lesse in Military affairs had wisdome to know who were wiser than himself and willingly to be directed by them And now the Seditious having taken ordnance at Topsham set down before Exeter presuming quickly to conquer the same 5. But first they are consulting about Articles to be sent to the King The Rebels send pâ—oud demands to the King Some would have no Justices can you blame Offenders if desiring to destroy their enemies others no Gentlemen all no English service Masse must be restored the six Articles lately repealed they would have put in execution and Popery re established Concluding all with this close the gilded paper to wrap up poisonous Treasons at the beginning thereof We pray God save King EDWARD for we be His both body and goods Whose unreasonable demands were justly rejected by the King yet pardon proclaimed to such as would accept thereof which the Seditious mistaking the Kings favour to be His fear utterly refused 6. Mean time Exeter was not so much frighted with her foes without Exeter resisteth Norwich yeildeth to the Rebels as with famine and faction within the walls thereof Great was the want of victuâ—als and bread especially Now Plebs nescit jejuna timere Where there is the barking of the belly there no other commands will be heard much lesse obeyed But this was in some sort qualified by proportioning all provisions in the City to all alike and mean folke will be the better pleased with course and short diet when eating out of the same dish with their betters When in successfull sallies they recovered any cattle from the Rebels the poor had the principall share thereof 7. Faction in the City was of most dangerous consequence the generality thereof favouring Popery and cordial Protestants but few in comparison of the other party However this was a good help to the Protestants that such who severed from them in
the Church joyned with them in the Town house Rich Pepists feared their goods would be condemned as heretical even by the Rebels of their own Religion which made them persist in their loyalty to their Soveraign 8. John Russell Lord privie Seal was sent down with small Forces to suppresse the Commotion A person very proper for that service as of a stout spirit and richly landed in this County He stayed some time at Honyton in vain expecting promised supplies either because this Lord was lookt on as of the Protectors party whose Court-interest did much decline or because Norfolke Rebellion as nearer London engrossed all warlike provisions Thus was this Lord in deep distresse having nothing save his Commission strong about him and his few forces for fear and want of pay began daily to forsake him 9. And now following the advice of the Dorset-shire Gentry he was ready to return when three Princely Merchants for so may I term them both for great interest and loyal intentions viz Thomas Prestwood Thomas Bodly and John Periam so improved their credits with Bristoll Lime and Taunton that they furnished the Lord Russell with necessaries to march forward Animated herewith they advance and gave the Rebels such a blow at Fenington-bridge that they left three hundred of their bodies dead on the place 10. Soon after the Lord Gray of Wilton whose slownesse may be excused as busied by the way in suppressing Tumults in Buckingham and Oxford shire came with a company of Horsmen and 300 Italian Shot under Baptist Spinola their Leader to recruit the Lord Russell Here one would wonder to behold the native English fighting in the maintenance of the Masse opposed by Italians untill he considereth that these foraigners being Souldiers of Fortune consulted the Coine not the Cause of such as entertained them And now the Kings Army advanceth towards Exeter a word or two of which Cities sad condition 11. The Rebels had often attempted to fire the Gates of the City till at last the Citizens found the Paradox true that the onely way to keep their City shut was to set their Gates open making rampires more defensible behinde them As for the Enemies intent to undermine and blow up the Walls it was first discovered then defeated by John Newcombe a Tinner of Teingmouth Philip Comineus For taking advantage of the declivity of the City on that side he countermin'd the Rebels work and then deriv'd into it all the kennels and water-courses falling down with a great precipice and so drowned the vault intended with powder to blow up the Walls Besides at the same instant set an impetuous showre which added to the Deluge Thus in vain doth Hell seek to kindle that Fire when Heaven intendeth to poure water for the quenching thereof 12. Famine raged most extremely insomuch as they were fain to bake bran and meal moulded up in cloathes for otherwise it would not stick together Nor must the worthy resolution of a loyall Citizen be forgotten publickly professing That rather than he would surrender the City to the Rebels he would fight with one arm and feed on the other And now were they reduced to utmost extremity when the seasonable approach of Lord privie Seale put a period to their Miseries For at the winde-mill of S. Mary Clist after a bloody Battle wherein Sir William Francis was slain on the King's side the Rebels were routed and sorced to flie leaving a thousand of their corps dead on the place Miles Coverdail gave publick thanks to God for the victory in the view of Exeter and soon after was made the Bishop thereof 13. Then the Lord caused S. Mary Clist to be burnt to the ground though it was his own Town as knowing full well Traytours to their King would never make good Tenants to their Landlord And on Clist-heath a second fight was begun where the Rebels were finally overcome The Lord privie Seal marched into Exeter and was there as he well deserved welcomed with all possible expressions of joy Sir William Herbert with 1000 Welsh came too late to fight but soon enough to be an honourable Witnesse of the victory 14. This sixt of August Two solemne yearly festivals the day of their deliverance is an high festival in the Almanack of Exeter Good cheer and thereby I justly guesse their great gratitude being annually observed with a publick Sermon to perpetuate the memory of Gods mercy unto them Yet such Solemnities doe daily decay every new Generation being removed one degree farther from the deliverance The King conferred the Manour of Exetland formerly belonging to the City but wrested from it by the Earls of Devon-shire on their Corporation in reward of their loyalty and valour 15. Humphrey Arundle Winslade Bery and Coffi were executed and as this Commotion began it ended at Sampford-Courtney where their last remnant was defeated Six Popish Priests were hanged with Welsh the Vicar of St. Thomas though all this was but mercy to the cruelty of Sir Anthony Kingston Provost-Marshall in trussing up many mean offenders 1. It began about the 20 th of June at Attilborrough about the laying open of Commons The beginning of two Rebellions pretended lately inclosed to the prejudice of the Poor Much increased on the 6â— of July at Windham Play where there was a great confluence of idle people repairing from all parts of the County 2. Robert Ket Their Ring-leaders and number Tanner of Windham one of more wealth than common folk of his craft yet of more wit than wealth confidence than either was chosen their Captain He with two Assistants chosen out of every hundred kept his Kings Bench Chancery and all other Courts under a Tree termed the Oake of Reformation where he did justice be it wrong or right to all such as were summoned before him In short time they increased to be more than twenty thousand 3. Sir Edmond Windham Sheriffe of Northfolke The Sheriffs endevours succeed not commanded them in the King's name peaceably to depart But had not his Horsemanship been better than his Rhetorick himself had not departed the place Yea now the * Hooker alias Vowell in Hollingshed p. 1015 1017. Rebels began to play their pranks threatning to burn the House Idem p. 1029. and defacing the Dovecoat formerly a Chappel before it was turned of an House of Prayer into a Den of Thieves of Master Corbets of Sprowston and committing many outrages layed all Pastures rather waste than open where they came Yea now they march towards Norwich the chief place in the County 4. Norwich is like a great volume with a bad cover The description of Exeter and Norwich having at best but parchment walls about it Nor can it with much cost and time be effectually fortified because under the frowning brow of Moushold Hill hanging over it The River Yere so wanton that it knoweth not its own minde which way to goe such the involved flexures thereof within a
mile of this City runneth partly by partly through it but contributeth very little to the strengthning thereof 5. The Rebels encamped or rather enkennelled themselves on Moushold-Hill whereon Mount-Surry a fair House of the Dukes of Northfolk whence they had free egresse and regresse into Norwich as oft as they pleased One Coigniers a Vicar in the City they had for their Chaplain and were so religiously rebellious that prayers Morning and Evening were read amongst them Mean time so intolerable was their insolence that now they sent up such Demands to the King to which He neither would in honour nor could in justice condescend Yet the King constantly chequered His comminations with Proclamatians of pardon which the Rebels scorn'd to accept 6. As for Thomas Cod Major of Norwich and others of the Gentry detained prisoners in Ket's camp they were admitted to the counsels of the Rebels for the better credit thereof If Ket were present they were no better than herbe John in the pottage and had no influence on their consultations But if he happily chanced to be absent then they were like S. Johns wort so soveraign for soars and against the plague it self and did much mitigate the fury of their mischievous Decrees Mean time great plenty was in Kets camp where a fat sheep was sold for a groat but penury and misery in all other places 7. Doctor Matthew Parker afterwards Archbishop of Canterbury getting up into the Oake of Reformation preached to their Rebels of their duty and allegiance But the Oake as soon as the Auditory would embrace his Doctrine yea his life was likely to be ended before his Sermon Arrows being shot at him had not Coigniers Kets Chaplain seasonably yet abruptly set the Te Deum during the singing whereof the Dr. withdrew to sing his part at home and thank God for his great deliverance 8. William Par Marquesse of Northhampton Aide sent to suppresse the Rebels but more acquainted with the witty than the warlike part of Pallas as compleat in Musick Poetry and Courtship with many persons of honour as the Lords Sheffield and Wentworth Sir Anthony Denny Sir Ralph Sadlier Sir Thomas Paston c. is sent to quell this Rebellion They were assisted with a band of Italians under Malatesta their Captain whereof the Rebels made this advantage to fill the Countrey with complaints that these were but an handfull of an armfull to follow driving on the designe to subject England to the insolence of Foraigners 9. Now The Lord Russell conqueror Lord Marquiss conquered though neither wisdome nor valour was wanting in the Kings Souldiers yet successe failed them being too few to defend Norwich and oppose the Rebels Insomuch that the Lord Sheffield was barbarously butcher'd S r Tho Corwallis taken prisoner and the City fired by the Rebels which probably had been burnt to ashes had not the clouds commiserating the Cities calamity and melting into tears quenched the flames and thus the Marquesse fain to quit the service returned to London 10. Then was John Dudley Earle of Warwick The Lord Gray and Earle of Warwick come with new supplies with such Forces as were intended for Scotland sent to undertake the Task The Marquesse of Northhampton attended him to trie whether he could be more fortunate in following than he had been in leading Coming to Norwich he easily entred the City and entertained the Rebels with many sallies with various successe here too long to relate but generally the Earle of Warwick came off with the better 11. Now the Rebels impregnable in some sort if still keeping Moushold-Hill whereon the Earles Horse could doe small service deserted it of their own accord and came down into Dussin-dale Here their superstition fancied themselves sufficiently fenced by the virtue of an old prophecie Hob Dick and Hick with clubs and clouted shoon Shall fill up Dassin-dale with blood of slaughtered bodies soon It hath ever been charged on the English as if they alwaies carried an old Prophesie about with them in their pockets which they can produce at pleasure to promote their designes though oft mistaken in the application of such equivocating Predictions as here these silly folke were deluded For it being believed that Dussin dale must make a large and soft pillow for Death to rest thereon these Rebels apprehended themselves the Upholsters to make who proved onely the stuffing to fill the same 12. The Earle glad that the enemy had quitted the Hill fell with all his forces upon them and here happened a most bloody Battle The Rebels disputed the ground with their naturall Logick as I may term it down-right blows without much military Discipline Here one might have seen young Boyes timely Traytours plucking the arrows wherewith they were wounded out of their own flesh and giving them to those of their owne party to shoot them back againe July 27. Here some thrust through with spears wilfully engaged their Bodies the deeper thereon onely striving to reach out their revenge on those who wounded them But at last rage was conquered by courage number by valour Rebellion by Loyalty and in the fight and pursuit two thousand at the least were slain 13. Remarkable was Divine Providence in preserving the captive Gentlemen of the Countrey whom the Rebels coupled together and set them in the front of the Fight Now although it be true what David saith * 2 Sam. 11. 25. The sword devoureth one as well as another yet so discreetly did Captaine Druery charge the Van of the Rebels that most of these innocent Prisoners made their escape The last litter of Kets kennell stifly standing out and fortifying themselves accepted of pardon on the Earls promise it should be assured unto them 14. On the nine and twentieth of August a solemn Thanks-giving was made in Norwich for their deliverance Aug. 6. and is annually continued Indeed this City being betwixt weaknesse and strength â—s taxed for wavering at the time betwixt Loyalty and Revolt though to give the Citizens their due many expressed their fidelity to their Prince as farre as they durst for fear of destruction Yet better had it been had Norwich been weaker to be quitted or stronger to be defended whose mongrell strength exposed it to the greater misery 15. Robert Ket was hanged on Norwich Castle The legal 〈◊〉 of the Rebels William his brother on Windham Steeple Nine others on the Oake of Reformation which never till then brooked the name thereof Amongst these Miles a cunning Cannoneer was much lamented because remorse kept him from doing much mischief to which his cunning did enable him Thus by Gods blessing on Mans endevours both these Rebellions were seasonably supprest That of Devon-shire did openly avouch the advancing of Popery the other was suspected secretly fomented by some Papists who stood behinde the curtain but ready to step on the stage had Successe of the Designe but given them the Cue of Entrance As for the Rebellion at the same
their recreations on the Sunday the Papists in this Realm being thereby perswaded that no honest mirth or recreation was tolerable in our Religion Whereupon the Court being then at Greenwich He set forth a Declaration to this effect That for His good peoples lawfull recreations His pleasure was that after the end of Divine Service they should not be disturbed letted or discouraged from any lawfull recreations Such as dancing either of men or women archerie for men leaping vaulting or any such harmless recreations Nor from having of May-games Whitsun-ales or Morice-dances and setting up of May-poles or other sports therewith used so as the same be had in due and convenient time without impediment or let of Divine Service and that women should have leave to carry rushes to the Church for the decoring of it according to their old custome withall prohibiting all unlawfull games to be used on the Sundaies onely as bear-baiting bull-baiting interludes and at all times in the meaner sort of people by Law prohibited bowling 59. But when this Declaration was brought abroad The various effects thereof it is not so hard to believe as sad to recount what grief and distraction thereby was occasioned in many honest mens hearts who looked on it not as locall for Lancashire but what in processe of time would enlarge it self all over a So it was in the Reign of King Charles Anno 1633. England Some conceived the recreations specified impeditive to the observation of the Lords day yea unsuitable and unbeseeming the essentiall duties thereof But others maintained that if private mens speeches must not be pressed to an odious construction much more men were bound candidly to interpret the Acts of Authority and in charity must presume and be perswaded that religious Princes will command nothing what they conceive either to be unjust or not expedient all things considered They considered moreover which was mainly material that this Declaration was not dogmatical or doctrinal to say or averre these things to be Theologically lawfull but it was Edictum Civile what the King thought fit upon just reasons to permit without restraint or punishment The hardnesse of mens hearts on one side which will break loose though restrained and the hope of gaining others on the other side by a favourable allowance might be just motives in Authority to give way to things civiliter that they may be done impunè and yet not prejudice any point of Religion and not be done licitè as in Divorces extra casum adulterii Usurie c. 60. But the difficulty was encreased Reasons of the reâ—aâ—ers to publish this Declaration when Ministers daily feared to be urged upon their Canonicall obedience to promulgate and publish the said Declaration in their Parish Churches which some resolved flatly to refuse especially such who formerly had strictly preached and pressed the observation of the Lords-day alledging for and applying to themselves that place of Saint Paul b Gal. 2. 18. For if I build again the things which I have destroyed I make my self a transgressour Besides this they enforced the Reasons following for their Recusancie Yea though the KING Himself should enjoyn them on their Alleageance 1. That the publishing of this Declaration would be interpretativè an approbation thereof whereas on the contrary they are c Ephes 5. 11. commanded to have no fellowship with the unfruitfull works of darkness but rather to reprove them 2. That hereby they should draw a just woe upon them pronounced by the Prophet d Isa 10. 1. Woe unto them that decree unrighteous decrees and that write grievousness which they have prescribed Where as the e Junius Piscator on the place Learned interpret even publick Notaries which are but instrumental are threatned with a curse 3. That the promulgation of a Law is de essentia Legis so that people would neither take notice of this Declaration nor liberty by it till it were published and so the Publisher should per se be a Promoter of a sin 4. That Obedience to Authority obligeth onely in licitis honestis and the f 2 Cor. 13. 10. Apostle confesseth That he himself had power to edification and not to destruction whereunto the publishing thereof did manifestly tend 61. On the other side The Arguments for the lawful publishing of the Declaration some learned and pious Ministers who in their judgments were convinced that some of the aforesaid recreations were incompatible with the sanctification of the Sabbath notwithstanding in case His MAJESTY should enjoyn it on serious deliberation resolved in obedience to the KING publickly to read or cause the reading of the Declaration not looking at the contents therein but at the Authority commanding the publication thereof the rather because no Subscription was required or Vocall assent to approve what therein was contained to be just or affirm it to be true but a bare ministerial declaring of the KING's will and pleasure therein which they conceived themselves bound in conscience to perform for the Reasons ensuing 1. The refusal well observed doth resolve into a principle which would take away the necessity of Obedience universally when the Partie commanded can pretend the Magistrate ought not to command him any such thing and if the PRINCE must suspend His Edicts upon each Subjects doubt He should never set forth any considering the variety of judgments and the distractions which are in His Subjects 2. A Sheriffe may yea must disperse the KING his Proclamations which he liketh not and a Clerk at the command of his Master a Justice of Peace may lawfully write the Mittimus of that person to Prison whom in his parricular judgment he conceiveth to be innocent and what is most proper to our purpose because a religious instance a Minister without any sin may safely pronounce an Excommunication legally delivered unto him though in his own private conscience he be convinced that the Partie is unjustly excommunicated 3. There are many precedents hereof in antiquity A Father g Optatus Melâ—vitanus lib. 7. gives this censure that when the Jewes commanded by Antiochus gave up the Divine Books to His Officers to be destroyed it was Peccatum imperantis minantis non populi cum dolore tremore tradentis A sinne of Him that commanded and threatned it not of the people who surrendred up those Volumes with fear and sorrow And Saint h Contra Faustum lib. 22. cap. 75. Augustine resolveth it in the case of a Christian Souldier fighting under a sacrilegious Emperour that though he be not satisfied in the lawfulnesse of the commands he may notwithstanding lawfully obey Ita ut fortasse reum faâ—iat Regem iniquitas imperandi innocentem militem ostendat ordo serviendi And what is most apposite to the matter in hand because the Edict of a godly Emperour seriously distasted by a godly Bishop Mauritius set forth a command That no Souldier should be admitted into a Monasterie and
soever under the degree of a Bishop or Dean at the least doe from henceforth presume to preach in any popular Auditory deep points of Predestination Election Reprobation or of the Universality Efficacy Resistibility or Irresistibility of GODS grace but leave those themes rather to be handled by the Learned men and that moderately and modestly by way of Use and Application rather than by way of Positive Doctrines being fitter for the Schools than for simple Auditories 4. That no Preacher of what title or denomination soever from henceforth shall presume in any Auditory within this Kingdome to declare limit or bound out by way of Positive Doctrine in any Lecture or Sermon the Power Prerogative and Jurisdiction Authority or Duty of Sovereign Princes or otherwise meddle with matters of State and the differences between Princes and the People than as they are instructed and precedented in the Homilies of Obedience and the rest of the Homilies and Articles of Religion set forth as before is mentioned by publique Authority but rather confine themselves wholly to those two heads of faith and good life which are all the subjects of the antient Sermons and Homilies 5 That no Preacher of what title or denomination soever shall presume caussesly or without invitation from the Text to fall into bitter investives and undecent railing speeches against the persons of either Papists or Puri tans but modestly and gravely when they are occasioned thereunto by the Text of Scripture free both the Doctrine and the Discipline of the Church of England from the aspersions of either Adversaries especially where the Auditory is suspected to be tainted with the one or the other infection 6. Lastly that the Archbishops and Bishops of the Kingdome whom His Majestie hath good cause to blame for their former remisness be more wary and choice in their licensing of Preachers and revoke all Grants made to any Chancellour Official or Commissary to passe Licences in this kinde and that all the Lecturers throughout the Kingdome of England a new body severed from the antient Clergy as being neither Parsons Vicars nor Curates be licensed henceforward in the Court of Faculties but onely from a Recommendation of the party from the Bishop of the Diocese under his hand and seale with a Fiat from the L. Archbishop of Canterbury a Confirmation under the Great Seal of England And that such as doe transgresse any one of these Directions be suspended by the Bishop of the Diocesse or in his default by the Archbishop of the Province ab Officio Beneficio for a year and a day untill his Majestie by the advice of the next Convocation shall prescribe some farther punishment 5. No sooner were these the Kings Declarations dispersed into every Diocesse Various censures on the Kings Letters but various were mens opinions thereof Some counted it a cruell act which cut off half the preaching in England all afternoon-ermons at one blow Others thought the King did but Uti jure suo doing not onely what in justice He might but what in prudence He ought in this juncture of time But hear what I have heard and read in this case Objections Answers 1. Christ grants Ministers their Commission Go teach all Nations S. Paul corroborates the same Preach the word be instant in season out of season Man therefore ought not to forbid what God enjoyns 2. This is the way to starve soules by confining them to one meale a day or at the best by giving them onely a messe of milk for their supper and so to bed 3. Such as are licensed to make Sermons may be intrusted to choose their own Texts and not in the Afternoons to be restrained to the Lords Prayer Creed and ten Commandements 4. In prohibiting the preaching of Predestination man makes that the forbidden fruit which God appointed for the tree of life so cordial the comforts contained therein to a distressed conscience 5. Bishops and Deans forsooth and none under their dignity may preach of Predestination What is this but to have the word of God in respect of persons As if all discretion were confined to Cathedral men and they best able to preach who use it the least 6. Papists and Puritans in the Kings Letters are put into the same ballance and Papists in the prime scale first named as preferred in the Kings care chiefly to secure them from Invectives in Sermons 7. Lecturers are made such riddles in the Kings Letters reduceable to no Ministerial function in England Whereas indeed the flower of piety and power of godlinesse flourished most in those places where such Preachers are most countenanced 1. Ministers if commanded not at all to speak or teach in the name of Jesus are with the Apostles to obey God rather than man But vast the difference betwixt a total prohibition and as in this case a prudential regulation of preaching 2. Milk catechetical Doctrine is best for babes which generally make up more than a moyety of every Congregation 3. Such restraint hath liberty enough seeing all things are clearly contained in or justly reducible to these three which are to be desired believed and performed 4. Indeed Predestination solidly and soberly handled is an antidote against despair But as many ignorant Preachers ordered it the cordial was turned into a poyson and therefore such mysteries might well be forborn by mean Ministers in popular Congregations 5. It must be presumed that such of necessity must be of age and experience and may in civility be believed of more than ordinary learning before they attained such preferment Besides Cathedrall Auditories being of a middle nature for understanding as beneath the University so above common City and Country Congregations are fitter for such high points to be preached therein 6. The Kings Letter looks on both under the notion of guilty persons Had Puritans been placed first such as now take exception at their post-posing would have collected that the King esteemed them the greatest offenders 7. Lectures are no creatures of the Church of England by their original like those mixed kinds little better than monsters in nature to which God as here the State never said multiply and encrease and therefore the King had just cause to behold them with jealous eyes who generally supplanted the Incumbents of Livings in the affections of their Parishioners and gave the greatest growth to Non-conformity These Instructions from His Majestie were not pressed with equall rigour in all places seeing some over-active Officials more busie than their Bishops tied up Preachers in the Afternoon to the very letter of the Catechisme questioning them if exceeding the questions and answers therein as allowing them no liberty to dilate and enlarge themselves thereupon 6. Expect not of me a particular account of the politick intricacies touching the Spanish Match A needlesse subject waved or no Match rather First because Spanish and so alien from my subject Secondly because the passages thereof are so largely and publickly in print
appears in the whole Lordship In this sute Plaintiff Judges Defendant Peter Duke of Savoy the Kings dear Uncle first founder I take it of the Savoy in London on whom the King conferred many Lordships and Chesthunt amongst the rest Solicitor Adam de Alverton Ralph Fitz-Nicolas John of Lexington Paulin Peyner Seneschal Henry of Bath Jeremy of Caxton Henry de Bretton The Case Simon the Abbot and the Covent of Waltham The Plaintiff endeavoured to prove that the stream of Ley called the Kings-Stream dividing Hertford-shire from Essex ran thorow the Town of Waltham all the land West thereof belonging to the Manor of Chesthunt This was denied by the Defendant maintaining that Small-Ley-stream running welnigh half a mile West of Waltham parted the Counties all the interjacent meadows pertained to Waltham Perusing the names of these the Kings Justices at Westminster A like not the same who would not suspect but that this Henry of Bath was Bishop of that See considering how many Clergy-men in that age were imployed in places of Judicature But the suspicion is causless finding none of that name in the Episcopal Catalogue Others in like manner may apprehend that Bretton here mentioned was that Learned Lawyer afterwards Bishop of Hereford who wrote the * See Godwin in his Bishops of Hereâ—ord Book De Juribus Anglicanis and who flourished in the latter end of the Reign of this King Henry the third But his name being John not Henry discovereth him a different person Not long after this sute was finally determined and Peter Duke of Savoy remised and quit-claimed from him and his Heirs to the said Abbot and his Successors Anno Regis the right and claim he had to ask in the same Meadows and Marshes of the said Abbot Anno Dom. This is called in the Instrument finalis concordia though it proved neither final nor a concord For soon after this palliaâ—â— cure broke out again and the matter was in variance and undetermined betwixt Robert the last Abbot and the Lord of Chesthunt when the Abby was dissolved Many accessions besides those common prolongers of all sutes namely the heat of mens anger and the bellows of instruments gaining by Law did concur to lengthen this cause 1. The considerableness and concernment of the thing controverted being a large and rich portion of ground 2. The difficulty of the cause about the chanels of that River which Proteus-like in several Ages hath appeared in sundry formes disguised by derivations on different occasions 3. The greatness of the Clients Chesthunt Lordship being alwayes in the hand of some potent person and the Corporation of Waltham Covent able to wage Law with him Hence hath this sute been as long-lov'd as any in England not excepting that in * Cambden in Glocester-shire Glocester-shire betwixt the posterity of Vice-Count Lisle and the Lord Barkley seeing very lately if not at this day there were some sutes about our bounds Waltham Meadows being very rich in grass and hay but too fruitful in contentions For mine own part that wound which I cannot heal I will not widen and seeing I may say with the Poet Non nostrum inter vos tantas componere lites No power of mine so far extends As for to make both parties friends I will not turn of an unpartial Historian an engaged person who as a neighbour wish well to Chesthunt as a Parishioner better to Waltham as a Christian best to both And therefore so much for matter of fact in our Records and Leiger-books leaving all matters of right for others to decide Mean time whilest the Abbot and Monks of Waltham were vexed with the men of Chesthunt they found more favour if publick same belies them not from some loving women in that Parish I mean the Holy Sisters in Chesthunt-Nunnery whose House when ever Founded I finde some ten years since thus confirmed by Royal Authority Henricus Rex Anglie Chesthunt Nunnery Founded Dominus Hybernie Dux Normanie Aquitanie Comes Andegavie c. Shestrehunt Moniales totam terram Dom. teneant cum pertinentiis suisque Canonicis de Cathele c. quos amoveri fecimus Datum apud West xj Aug. Anno Regni nostri xxiiij But this subject begins to swell beyond the bounds intended unto it lest therefore what we intended but a Tract should swell to a Tome we will here descend to matters of later date Onely be it premised Copt-Hall past to King Hen. 8. that some years before the Dissolution Robert the last Abbot of Waltham passed over the fair seat of Copt-Hall unto King Henry the eighth Thus as the Castor when pursued by the Hunter to make his escape is reported to bite off his own stones as the main treasure sought after and so saves his life by losing a limb So this Abbot politickly parted with that stately Mansion in hope thereby to preserve the rest of his revenues However all would not do so impossible it is to save what is design'd to ruine and few years after the Abby with the large Lands thereof were seized on by the King and for some Moneths He alone stood possessed thereof The Extraction Charter Death and Issue of Sir Anthony Dennie on whom King Henry the Eighth bestowed WALTHAM-ABBY AT the Dissolution A Lease of Waltham Abby given to Sir Anthony Denny King Henry bestowed the Site of this Abby with many large and rich Lands belonging thereunto on S r Anthony Dennie for the terme of Thirty one years Let us a little enquire into his extraction and discent I finde the name very Ancient at a Speed or ratherâ—â— Rob. Cotton in Huntingdon-shire Chesterton in Huntington-shire where the Heir-general was long since married John Denny the great souâ—der in France to the worshipful and Ancient Family of the Bevils It seems a branch of the Male-line afterwards fixed in Hertford-shire Whereof John Denny Esquire valiantly served Henry the fifth in France where he was slain and buried with Thomas his second Son in S t Dionys his Chappel their interment in so noble a place speaking their worthy performances In the Reign of Queen Mary a Frier shewed their Tombes to S r Matthew Carew together with their Coates and differences Henry eldest son of this John Denny begat William Denny of Chesthunt in Hertford-shire which William was High Sheriff of the County in the year 1480. leaving Edmond Denny to inherit his estate Edmond Denny was one of the Barons of the Exchequer Edm. Denny Baron of the Exchequer in credit and favour with King Edward the Fourth and Henry the Seventh He Married Mary the Daughter and Heir of Robert Troutbeck Esquire on whom he begat Thomas Denny from whom the Dennies in Norfolk are descended Anthony Denny Anthony Denny his high commendations second Son to Baron Denny was Knighted by King Henry the Eighth made Gentleman of his Bed-chamber Privy-Councellour and one of his Executors I cannot say he was bred any great Scholar
examin all the Lords in Parliament as well Spiritual as Temporal severally and all the States of the Parliament how they think of the cases aforesaid which be so openly against the Kings Crown and in derogation of his Regalitie and how they will stand in the same cases with our Lord the King in upholding the rights of the said Crown and Regalitie Whereupon the Lords Temporal so demanded have answered everie one by himself that the cases aforesaid be clearly in derogation of the Kings Crown and of his Regalitie as it is well known and hath been of along time known and that they will be with the same Crown and Regalitie in these cases especially and in all other cases which shall be attempted against the same Crown and Regality in all points with all their power And moreover it was demanded of the Lords Spiritual there being and the procurators of others being absent their advise and will in all these cases which Lords that is to say the Arch-Bishops Bishops and other Prelates being in the said Parliament severally examined making protestations that it is not their minde to denie nor affirm that the Bishop of Rome may not Excommunicate Bishops nor that he may make translation of that if any Execution of Processes made in the Kings Court as before be made by any and censures of Excommunication to be made against any Bishops of England or any other of the Kings liege people for that they have made execution of such commandments and that if any executions of such translations be made of any Prelates of the same Realm which Prelates be very profitable and necessarie to our said Lord the King and to his said Realm or that the sage people of his Councel without his assent and against his will be removed and carried out of the Realm so that the substance and treasure of the Realm may be consumed that the same is against the King and his Crown as it is contained in the petition before named And likewise the same procurators every one by himself examined upon the said matters have answered and said in the name and for their Lords as the said Bishops have said and answered and that the said Lords Spiritual will and ought to be with the King in these cases in lawfully maintaining of his Crown and in all other cases touching his Crown and his Regalitie as they be bound by their Liegeance Whereupon our said Lord the King by the assnt aforesaid and at the request of his said Commons hath ordained and established that if any purchase or pursue or cause to be purchased or pursued in the Court of Rome or elsewhere any such translations processes sentences of Excommunications Bulls Instruments or any other things whatsoever which touch the King against him his Crown and his Regalitie or his Realm as is aforesaid and they which bring within the Realm or them receive or make thereof notification or any other execution whatsoever within the same Realm or without that they their notaries procurators maintainers abbettors fantors and councellors shall be put out of the Kings protection and their Lands and Tenements Goods and Chattels forfeit to our Lord the King and that they be attached by their bodies if they may be found and brought before the King and his Councel there to answer to the cases aforesaid or that process be made against them by Praemunire facias in manner as it is ordained in other Statutes of Provisors and other which do sue in any other Court in derogation of the Regality of our Lord the King 43. Something of the occasion The occasion of this Statute name and use of this Statute the first is notoriously known from the Papal encroachments on the crown No Bishoprick Abathie Dignitie or Rectorie of value in England was likely to fall but a successour in reversion was by the Popes provisions fore-appointed for the same To make sure work rather then they would adventure to take the place at the first rebound Anno Dom. 1392. they would catch it before it light on the ground Anno Regis Ric. 2 16. This was imputed to the Popes abundance yea superfluity of care 〈◊〉 â—etur vacuum in the Church and rather then a Widow Benefice should mourn it self to death a second husband had his License for marriage before the former was deceased But great parishes where small the profit and numorous the people and where indeed greatest care ought to be had of their soules were past by in the Popes Bulls His Holiness making no provisions for those Livings which Livings had no provisions for his Holiness 35. Some will have it called Praemunire Why called Praemunire from fencing or fortifying the Regal power from forain assaults as indeed this was one of the best bulworks and sconces of Soveraignty Others that Praemunire signifieth the Crown fortified before the making of this Statute as fixing no new force therein but onely declaring a precedent and forgoing just right and due thereof Others conceive the word Praemonere turned by corruption of barbarous transcribers interpreters and pronouncers into Praemunire Others alledg the figure of the effect for the cause and the common Proverb Praemonitus Praemunitus Most sure it is that Praemunire sacias are operative words in the form of the Writ grounded on the Statute which may give denomination to the whole 36. It may seem strange such a Statute could pass in Parliament where almost sixty Spiritual Barons Popes covetousness odious to the Clergy Bishops and Abbots Voted according to Papal Interest except any will say that such who formerly had much of a Pope in their bellies had now more of Patriots in their breast being weary of Romes exactions Indeed no man in place of power or profit loves to behold himself buried alive by seeing his successour assigned unto him which caused all Clergy-men to hate such superinductions and many friends to the Pope were foes to his proceedings therein 37. This Law angred all the veines in the heart of his Holiness The Popes Letter against this Statute the Statute of Mortmain put him into a sweat but this into the sit of a fever The former concerned him onely mediately in the Abbies his darlings this touched him in his person and how cholerick he was will appear by the following Letter here inserted though written some fifty years after to make the story entire MArtinus Episcopus The Original of this Bill was in the Study of Sir Nichol. Bacon L. C ancellor whence the Arch-Bish of Armagh had this his Copy from which that of S Robert Cottons is derived servus servorum Dei 1393. Dilecto filio nobili viro Jobanni 16 Duct Bedsord Salutem Apostolicam Benedictionem Quamvis dudum in regno Anghae jurisdictio Romanae Ecclesiae liberatas Ecclesiastica suerit oppressa vigore illius Execrabilis Statuti quod omni divinae humanae rationi contrarium est Tamen adhuc non
Treasurer of Our houshold Sir John Gage Knight Comptroller of Our houshold Sir Anthony Wingfield Knight Our Vice Chamberlain Sir William Peeter Knight one of Our two principall Secretaries Sir Richard Rich Knight Sir John Baker Knight Sir Ralph Sadler Knight Sir Thomas Seymour Knight Sir Richard Southwell and Sir Edmund Peckham Knights they and every of them shall be of Counsell for the aiding and assisting of the forenamed Counsellours and Our Executors when they or any of them shall be called by Our said Executors or the more part of the same Item We bequeath to Our Daughters MARY and ELIZABETH's marriage they being married to any outward Poâ—entate by the advise of the aforesaid Counsellours if We bestow Them not in Our life time Ten thousand pounds in money plate jewels and houshold-stuffe for each of Them or a larger summe as to the discretion of Our Executors or the more part of them shall be thought convenient Willing Them on My blessing to be ordered as well in marriage as in all other lawful things by the advise of Our forenamed Counsellours And in case They will not then the summes to be minished at the Counsellours discretions Further Our Will is that from the first hour of Our death until such time as the said Counsellours can provide either of Them or both some Honourable marriages They shall have each of Them MMM li. ultra reprisas to live upon willing and charging the aforesaid Counsellours to limit and appoint to either of Them such sage Officers and Ministers for orderance thereof as it may be employed both to Our Honour and Theirs And for the great love obedience chastnesse of life and wisdome being in Our forenamed Wife and Queen We bequeath unto Her for Her proper use and as it shall please Her to order it MMM li. in plate jewels and stuffe of houshold besides such apparell is it shall please Her to take as She hath already And further We give unto Her M li. in money with the enjoying of Her Dowry and Joynture according to Our Grant by Act of Parliament Item for the kindnesse and good service that Our said Executors have shewed unto Us We give and bequeath unto each of them such summes of money or the value of the same as hereafter ensueth First to the Archbishop of Canterbury vC marks to the Lord Wriothesly vCli. to the Lord St. John vCli. to the Lord Russell vCli. to the Earl of Hertford vCli. to the Viscount Lisle vCli. to the Bishop of Duresme CCC li. to Sir Anthony Browne CCC li. to Sir William Pagett CCC li. to Sir Anthony Denny CCC li. to Sir William Herbert CCC li. to Justice Montague CCC li. to Justice Bromley CCC li. to Sir Edward North CCC li. to Sir Heward Wotton CCC li. to Doctor Wotton CCC li. Also for the speciall love and favour that We bear to Our trusty Counsellours and other Our said Servants hereafter following We give and bequeath unto them such summes of money or the value thereof as is tottad upon their heads First to the Earl of Essex CC li. to Sir Thomas Theny CC li. to the Lord Herbert CC li. to Sir John Gage CC li. to Sir Thomas Seymour CC li. to John Gage CC li. to Sir Thomas Darcy Knight CC li. to Sir Thomas Speke Knight CC marks to Sir Philip Hobbey Knight CC marks to Sir Thomas Paston CC marks to Sir Morrice Barkeley CC marks to Sir Ralph Sadler CC li. to Sir Thomas Carden CC li. to Sir Peter Newtas CC marks to Edward Bullingham CC marks to Thomas Audeley CC marks to Edmund Harman CC marks to John Penne C marks to Henry Nevile a C li. to William Symbarbe C li. to Richard Cooke C li. to John Osborne C li. to David Vincent C li. to James Rufforth Keeper of Our house here C marks to Richard Cecill Yeoman of Our Robes C marks to Thomas Strenhold Groom of Our Robes C marks to John Rowland Page of Our Robes L li. to the Earl of Arundell Lord Chamberlain CC li. to Sir Anthony Wingfield Vice-Chamberlain CC li. to Sir Edmond Peckham CC li. to Sir Richard Rich CC li. to Sir John Baker CC li. to Sir Rich Southwell CC li. to Mr. Doctor Owen C li. to Mr. Doctor Wendy C li. to Mr. Doctor Cromer C li. to Thomas Alssop C marks to Patrick C marks to John Ailef C marks to Henry Forrest C marks to Richard Ferrers C marks to John Holland C marks to the four Gentlemen Ushers of Our chamber being daily Waiters a hundred pound in all And We will that Our Executors or the most part of them shall give Orders for the payment of such Legacies as they shall think meet to such Our ordinary Servants as unto whom We have not appointed any Legacy by this Our present Testament Finally this present Writing in Paper We ordain and make Our last Will and Testament and will the same to be reputed and taken to all intents and purposes for Our good strong available most perfect and last Will and Testament And We doe declare all other Wills and Testaments made at any time by Us to be void and of none effect ¶ In witnesse whereof We have signed it with Our hand in Our Palace at Westminster the thirtieth day of December in the yeare of our Lord God 1546. after the computation of the Church of England and of Our Reign the xxxviij th year being present and called to Witnesse the Persons which have written their names John Gate Ed Harman William Saint-Barbe Henry Nevill Richard Cooke David Vincent Patrick George Owen Thomas Wendy Robert Kewicke William Clerke 51. This the Will was drawn up some two years since When this Will was made before He went to Bologne as is intimated in a passage Be it beyond the sea c. which now was onely fairly written over again without any alteration save that Stephen Gardiner was expunged from being one of His Executors It seems that formerly finding none substituted in Gardiner's room He appointed seventeen Executors that so a decisive Vote might avoid equality of Voices And although in this Will provision is made for multitude of Masses to be said for his soule yet * Fox Acts and Mon. p. 1291. one pretending to extraordinary intelligence herein would perswade us that K. Henry intended in His later daies so thorow a Reformation as not to have left one Masse in the Land if death had not prevented Him 52. Amongst His Servants in ordinary attendance to whom Legacies were bequeathed Legacies scarcely paid Richard Cecil there named Yeoman of the Robes was the Father to William Cecil afterwards Baron of Burghly and Lord Treasurer of England Thomas Sternhold Groom of the Robes and afterwards of the * Balens Cent. pagin 728. ab intimâ—s cubiculis Bed chamber to King Edward the sixth was one of them who translated the Psalmes into English Meeter being then accounted an excellent Poet though he who wore bayes in
those daies deserveth not ivie in cur Age. Now seeing by the rules of justice and the Kings own appointment His Debts were to be paid before His Legacies and seeing many of His personall debts remained unsatisfied till the daies of Queen Elizabeth probably most of these Legacies were never paid especially to inferiour persons As if it were honour enough for them to have such summs bequeathed unto though never bestowed upon them 53. Whereas mention in this Will of a Monument well onwards and almost made Monument made for the King by the Cardinal it is the same which Cardinal Wolsey built For King Henry and not for himself as is commonly reported Wherefore whereas there goeth a tale That King Henry one day finding the Cardinal with the workmen making His Monument should say unto him Tumble your self in this Tomb whilest you are alive for when dead you shall never lie therein it is a meer fiction the Cardinal originally intending the same for the King as appeareth by the ancient Inscription * Godwin in Hen 8. p. 200. thereupon wherein King Henry was stiled LORD not KING of Ireland without addition of supreme Head of the Church plainly shewing the same was of antient date in the daies of the Cardinal 54. Whereas the Lady Mary and Elizabeth Why His Nieces more at liberty than his Daughters Their marriages are so severely conditioned that if made without consent of the Councell They were to forfeit Their right to the Crown men interpret it as provided in terrorem and not otherwise Yet this clause was it which afterwards put so plausible a pretence on Wiat his rebellion which though made of rotten cloth had notwithstanding a good colour thereon Now whereas the King's Nieces the Daughters to Mary His younger Sister were not clogg'd in this His Will with such restrictions concerning their Marriages the plain reason was because both of them were already married before this Will was made Frances the elder to Henry Gray Marquesse Dorset afterward Duke of Suffolke and Eleanour the younger to Henry Clifford Earl of Cumberland 55. The Portion of but ten thousand pounds a piece left to His two Daughters Ten thousand pounds the portion of a Princesse was not much unproportionable to the value of money as it went in that Age though a summe small for such an use in our daies And I have heard that Queen Elizabeth being informed that Doctor Pilkington Bishop of Durham had given ten thousand pounds in marriage with his Daughter and being offended that a Prelates daughter should equal a Princesse in portion took away one thousand pounds a year from that Bishoprick and assigned it for the better maintenance of the Garrison of Barwick 56. Very much of His own abitrarinesse appears in this Will of King Henry Much of arbitrarinesse in this Will entalling the Crown according to His own fancie against all right and reason For first how unjust was it that His female issue by Queen Katharine Parr His last Wife had He had any should inherit the Crown before Mary and Elizabeth His eldest Daughters by His former Wives If Mary and Elizabeth were not His lawfull Children how came They by any right to the Crown If His lawfull Children why was Their birth-right and seniority not observed in succession Well it was for Them that Henry Fitz Roy His naturall Son but one of supernaturall and extraordinary endowments was dead otherwise some suspect had He survived King Edward the sixth we might presently have heard of a K. Henry the ninth so great was His Fathers affection and so unlimited His power to preferre Him 57. But the grand injury in this His Testament is The Scotish Line quite left out That He quite passeth over the Children of Margaret His eldest Sister married into Scotland with all Her issue not so much as making the least mention thereof 58. Great indeed when this Will was first made was the antipathy which for the present possessed Him against the Scotch with whom then He was in actual warre though at other times when in good humour very courteous to His kinred of that extraction For most sure it is that when Margaret Douglas His Sisters Daughter was married to Math. Earle of Lenox He publickly professed That in case His own Issue failed He should be right glad some of Her body should sacceed to the Crown as it came to * Henry Lord Darly her Son Father to King James passe 59. Of the eleven Witnesses Legatees Witnesses in Kings Will. whose names are subscribed to His Will the nine first are also Legatees therein and therefore because reputed Parties not sufficient Witnesses had it been the Will of a private person But the Testaments of Princes move in an higher sphere than to take notice of such Punctilloes and forraigners being unfit to be admitted to such privacies domesticall Servants were preferred as the properest Witnesses to attest an Instrument of their Lord and Master 60. It is but just with God that He who had too much of His Will done Little of His Will performed when living should have the lesse when dead of His Testament performed The ensuing Reformation swept away the Masses and Chantery Priests founded to pray for His soul The Tombs of Henry the sixth and Edward the fourth the one the last of Lancaster the other the first of Yorke the Titles of both which Houses met in this Henry remain at this day in statu quo priùs without any amendment Where by the way seeing in this Will King Henry the sixth is styled his Uncle I cannot make out the relation in the common sence of the word except any will say that Kings Uncles as their Cousins are oft taken in a large and favourable acception But the main wherein His Will missed the intent is in that the Scotch Line neglected and omitted by Him ordinary Heirs are made in Heaven Heirs to Crowns in the Heaven of Heavens came in Their due time to the Throne Their undoubted Right thereunto recognized by Act of Parliament 61. After the making of this his Will His disease and the manner of His death He survived a full Month falling immediately sick He had sesque corpus a body and half very abdominous unweldy with fat and it was death to Him to be dieted so great His appetite and death to Him not to be dieted so great His corpulency But now all His humours repaired to one place and setled themselves in an old sore in His thigh which quickly grew to be greatly enflamed Here flame met with fire the anguish of the sore with an hot and impatient temper so that during his sickness few of His Servants durst approach His presence His Physicians giving Him over desired some who tendred the good of His soul to admonish Him of His estate But such who could flie with good tidings would not halt to Him with ill newes Besides lately a Law was made That