and Estates and ought for to have And these two are so far from crossing one another that they mutually go together for the honourable and comfortable support of both For as it is the duty of Subjects to supply their King so it is the part of the Kingly Office to support his Subjects in the propriety and freedom of their Estates And truly all Magistrates are to guard this therefore it was the less wonder that that brave Roman Emperor should make his whole Army stand still to do right to a poor Widow But to this chiefly are the Kings of this Island so much obliged that it is the principle Article of the Coronation Oath which the King sweareth to maintain Sir Will you grant Arch-Bishop keep and by your Oath confirm to your people of England the Laws and Customs to them granted by the Kings of England your lawful and Religious Predecessors and namely the Laws Customs and Franchises granted to the Clergy by the glorious King St. Edward your Predecessor according to the Laws of God the true Profession of the Gospel established in this Kingdom agreeable to the Prerogative of the Kings thereof and the antient Customs of this Land King Ex Libro Regali I grant and promise to keep them To which he afterward sweareth Now the Rights and Franchises granted by St Edward first are contained chiefly in the Magna Charta and in the Charta de Foresta 9 Hen 3. made 9 Hen. 3. of which this is the History This poor Island torn to pieces by innumerable Factions for the support of the particular dominions of the Heptarchy was at last gotten into the hands of Canutus the Dane An. Christi 1018. yet so as by Conquest where all under his subjection were at his mercy for wherever a Kingdom is overrun and grasped by Conquest the Kings will is the only Law Quod principt placuerit legit habet vigorem The Kingdom in this condition descended to St. Edward An. 1043. called for his excellent Holiness the Confessor who considering the uncertain estate of a Governor who hath nothing but the point of his Sword to guard him considering that the surest fortress was the love of the people and withal that nothing could gain so much upon their affections as Liberty and Emancipation he took this course to caress them to infranchise them and remit the standing Revenue that had been formerly paid to the Crown in acknowledgment of their Vassalage called Daneguilt being 40000 pounds per annum And that their Persons or Estates might not be subject to the Will of any violent person but be protected by a Law he digested a body of Laws out of the Customs and Ordinances of four Countries An. 1044. which was the beginning of our Common Laws But when William Duke of Normandy came on this Kingdom An. 1066. and made a new Conquest his Sword cut all former Charters asunder Those that were then his Vassal must submit to his pleasure both for Lives and Estates He that had gotten a great Kingdom with great dangers and difficulties used the English with little Mercy The whole Nation was in such a condition that they knew not what to call their own Stows Chron. He deposed the greatest part of the English Nobility and distributed their Earldoms Baronies Bishopricks and Dignities to his Normans On the Commons he laid what Restraints Burdens and Bridles he pleased For thirty Miles together in Hampshire without Mercy or Conscience he depopulated and laid wast a great number of TOWNS VILLAGES and CHURCHES without any satisfaction to the Inhabitants to make a Chace for Wilde Beasts which is now called the New Forest He charged at his pleasure what Souldiers he pleased on the Bishops Earls Barons Shiriffs c. He caused the whole Kingdom to be Surveyed in a book to understand what Land every Baron did possess how many Knights-fees how many Plough-Lands how many Villains how many Beasts or Cattle every man possessed within this Kingdom Such strange doings continued all the time of Will. Rufus from the greatest to the least and as the Historian affirms the Land was full of mischiefs that came of this doing Hen. 1. his Son well weighing the sad inconveniences of this Tyranny took other courses He restored the state of the Clergy Ans Reg. 1. he asswaged the grievous payments restored again St. Edward's Laws and at length gave once more a manumission and compleat emancipation to the Kingdom Stows Chron. and made us a free people Afterwards confirmed and ratified by the Magna Charta and Charta de Foresta in the 9 year of the Reign of Hen. 3. Which particularly and in the first place doth enfranchise the Church 9 Hen. 3 c.1 We have granted to God and by this our present Charter have confirmed for us and for our Heirs for evermore that the Church of England shall be free and shall have all her holy Rights and Liberties inviolable And truly before the Promulgation of that Charter all the Kingdom were Slaves and at the will of the Sword both for their Estates and Lives Nay even after this Charter many great Pregogatives were claimed and held by the succeeding Kings As the bestowing of the youngest Daughter of any deceased Baron in Marriage as he pleased with all her Fathers inheritance although the Eldest were Married in their Fathers life time and with his liking Si aliquis Baro dicti Domini Regis tenens de Rege obiisset non haberet haeredem nisi filias primogenitae filiae maritatae sunt in vita patris Dominus Rex daret postnatam filiam quae remanet in haereditate patris alicui militum suorum cum tota haereditate patris sui de qua obiisset seisitus ita quod aliae filiae nihil reciperent adversus postnatam filiam in vita sua Et omnes Reges habuerunt hanc dignitatem a conquestu And some Prerogatives continue to the Crown at this day of a like nature notwithstanding the Property of the Subject by the great Charter As in defailance of Heirs the King inherits so that the last Possessor cannot dispose or alienate it by Will In Treasure Trover in whose Land soever found it goes not to the Proprietor of the soil In the case of Mines discovered of perfect Metals they go to the King in whose Land soever they are found Now although this great Charter was so early granted yet some succeeding Kings invading the Property of the Subjects and Ruling according to their own Lusts was the occasion of those fearful Civil Cammotions called the Barons Wars Particularly the insolent and intolerable Violence and Tyranny of King John Stows Chron. in the Reign of K. John For there were many Noble mens Wives and Daughters whom he oppressed and defiled othersome with great Exactions he brought into great Poverty the Friends and Parents of some he banished and turned their Inheritances to his own use
the rewards and incouragement of Learning and Piety should without all sense of Law be ever withdrawn we were likely to have States-men no further accomplisht than the sight of a Court and the instruction of a Theater could do it which at most would be but this that the first will teach them a phantastical dress and the other as phantastical a Discourse which would much prepare them to treat Ladies but nothing at all enable them to contribute any thing towards the steering of a State As now things stand Religion and the house of God have something else besides their native purity and holiness to invite the Gentry to take this Yoak on them for if there be not a splendid yet there is a convenient encouragement and maintenance for them and if they are designed for other imployments the road by which they are to trace Learning that must fit them for great undertakings is not without considerable helps This if I mistake not is well enough understood for there are very few families especially under the Equestrial degree but either have now or have had some branches of them provided for in the Schools University or the Church or in all of them Who are now for the most part the Schollers of the Schools of the most ample foundations of Winton Westminster Eaton but Gentlemens Sons who generally in the best endowed Colledges of the Vniversities but Gentlemens Sons And in the whole Churches of England where there is one person dignified that is not there are three that are Gentlemen Nay what Family under the degree of honour in the whole Kingdome is there that hath neither Son nor Nephew nor Father nor Vncle that are not or have not been incouraged if not maintained by the revenue of the Church I am sure very few And what ready way have Gentlemen that by misfortune or illness of times fall to decay to provide for their Children but this when none else will do any thing for them the solicitation and mediation of their friends will prevail that the most hopefull and promising of their off-spring will in this prudent and Religious manner be provided for Whereas if ever the revenues of the Church should be taken away the consequent will be inevitably this Learning shall decay such Families be helplese and Religion as a low and contemptible thing come into the hands of none but those that are de Foece plebis of the Scum and basest of the people And whereas those Harpies that gape for the spoyle of the Church to consume it on Fidlers and Whores do usually suggest the Prodigality of their Predecessors in so liberal indowment of the Church as if all the maintenance of the Clergie and all the endowments of Schools and Colledges and as if all the publique buildings the monuments of piety and charity of the former Ages had been Money out of their Purses and meerly the good works of the Laity only this is a very gross errour and mistake I cannot indeed deny but God hath in all times raised up some Pious and Munificent persons amongst them to be benefactors especially by several Godly Kings to do glorious things to the encouragement of Religious men and truly of whom should good be expected if not of those whose Office it is to be nursing Fathers to Gods Church yet many of the most ample foundations and the best endowments for Learning and Piety have been shafts from the quiver of Clergy-men themselves especially when they lived single and made Conscience to leave their Inheritances in the Lap and Bosome of her from whence they had received it This the Law it self confesseth and therefore although in the Statutes of Mortmain before mentioned there is so perfect an investiture of the Lands given without leave first obtained in the Lords of the Fee and in their neglect in the King yet if Prelates Clerks beneficed or any Religious person have purchased lands and have put the same in Mortmain although they cannot shew that they have entred by due process after license obtained they shall yet be gently received to make convenient Fine 18 Ed. 3. pro Clero cap. 3. 18 Ed. 3. pro Clero cap. 3. I might fill a Volume if I should attempt to give instance in all particulars of the pious works and Indowments that the Clergie in former Ages have done But as a taste of the rest I shall onely give examples of some of the most conspicuous and visible of them such as Colledges dedicated to Learning and Churches especially of the most stately and magnificent structure dedicated to the honour and worship of God and the like publique monuments which I shal set down promiscuously as they follow Christ Church in Canterbury i. e. the Fabrick now standing Built by Arch Bishop Lanfrank and continued by William Corboyle and perfected by their successors Our Lady Church in Sarum was Founded By Richard Poor Bishop of Sarum and finished by Bishop Bridport St. Andrews Church in Wells that now stands was first Founded By Bishop Robert 18th Bishop of that See and finished by Bishop Joseline St. Peters Church in Chichester new built by Radulph 3d Bishop after that was consumed by fire was rebuilt by Sissifridus St. Mary's Church in Lichfeild which now standeth was built by Roger de Clinton Bishop of that Diocess St. Daniels in Bangor after it was ruined by the Revel Owen Glendowr was built by Henry Deane Bishop of Bangor Trinity Church in Winton now standing begun by Bishop Walklin continued by his successors finished by William of Wickham St. Mary's Church in Oxon Founded by Dr. Fitz James afterward Bishop of London St. Peter's Church in York which now standeth erected by Tho. the 25th Bishop of that See The Church of Ely that is now standing built by Bishop Norwold Kidall and others The Cathedral Church of St. Davids built by Peter 48th Bishop of that Diocess St. Peter's in Exceter as now it standeth To Warlwast Quivil and Grandison three oweth it self to three Bishops of the same See The stately Structure of the Cathedral Church of Glocester was first Founded by Aldred Arch-Bishop of York The now standing Cathedral Church of Hereford was the work of Bishop Reinelme and his successors The Cathedral of Lincolne was first Founded by Bishop Remigius enlarged by Alexander and perfected as now it is hy Hugh of Burgundy his successor The Church of Saint Paul in London having once before been burnt and consumed with fire was rebuilt by Mauritius Richardus Bishops of London and others their successors The Trinity Church in Norwich was first built by Herberius Iosinga Bishop there and being twice burnt was twice after rebuilt the first time by John John of Oxford the Second time by Bishop Meddleton The Church of Peter-burgh afer it was burnt by the Danes was again built by Ethelwoldus Bishop of Winton The Cathedral Church of Worcester was new built by Oswald the 18th Bishop but after it was burnt by the Danes it
was brought to that perfection it now hath by Wulstan a succeeding Bishop St. Andrews Church in Rochester was rebuilt by Gundulphus Bishop of that See The Cathedral Church of Durrham was Founded by Aldwynus Bishop of the same That which now standeth was begun by Bishop William de Carileso and finished by Ranulphus Flambard his successor Magdalen Col. in Oxon with the Chappel annexed was Founded by William of Wainfleet Bishop of Winton Trinity Col. Originally Founded by Tho. Hatfield Bishop of Durrham All-Souls Col. by Hen. Chichely Arch Bishop of Canterbury Merton Col with the Chappel and Tower annexed by Walter Merton Bishop of Rochester Exceter Col. by Walter Stapleton Bishop of Exceter Queens Colledg in Oxon by Robert Eglishfield Chaplain to Queen Phillip Wife of Ed. 3. New Col. and the Appendant Colledg and School of Winton by William of Wickham Bishop of Winton Lincoln Colledg was Founded by Richard Flemming Bishop of Lincoln St. John's Col. in Oxon Originally Founded before the dissolution by Hen. 8. by Hen. Chichely Arch-Bishop shop of Canterbury St. Crosses Hospital and Church Founded by Henry Beaufort Bishop of Winton Catherine Hall in Cambridg Founded by Robert Woodlark DD. Jesus Colledg in Cambridg Founded by Jo. Alcock Bishop of Ely St. John's Colledg in Cambridg was first Founded by Nigellus the Second Bishop of Ely afterwards endowed and enlarged by Hugh Balsham a succeeding Bishop So that it appears that many of the best and most ample foundations of the most noble and admirable Piles and structures of the most costly publique workes and buildings that beautifie Cities and Vniversities that make this Kingdome famous in forrain parts and that here serve for the glory of God and the publick good have been founded and indowed by the Clergie The builders of the first Tower in the World that we read of were justly chastised with confusion of their Language for their rebellion against God for they sayd Gen. 11.4 Let us build us a Tower whose top may reach to Heaven not that they designed that it should indeed touch Heaven for then the whole Plain in the Land of Shinar had been too little for the foundation nay it may be the whole Earth it selfe but the meaning is a very high Tower such as might be a place of sanctuary to them against any future Deluge For whereas they understood that the Waters in the Flood prevailed on the earth but fifteen cubits upwards as Cap. 7.20 they imagined that this mole so much above the tops of the highest mountaines would secure them in the like case and being made of Bricks too which had endured the test of fire might protect them from the force of that furious Element which they had traditionally received should be the means of a second destruction of the World Thus they thought to elude Divine vengeance and to arme themselves against the force of Heaven which nothing is able to effect but innocency and holiness of Life And truly had they not thus erred in the main the other lower ends of this work would not have failed them which they express in the next words Let us make us a Name least we be scattered abroad upon the face of the earth For certainly it was a very likely means to perpetuate their Name and Glory and was besides as a Standard to which they might at any time repair in case of dispersion What these designed though rebelliously against God is really performed to us by those noble and stupend structures devoted to Gods honour it gets us both a name and is as standards for us to apply to in case of dispersion as holy sanctuaries to fly too to seek the God of salvation and cannot choose but be exceedingly the glory of the Nation that is so much for the glory of the Lord. And this is a thing so confessed and certain that Cromwell that great enemy to every thing that was good meerly for the greatness of the Workes and because they were such Ornaments to the places where they are built saved them from ruine when nothing sacred was spared besides But to conclude If it were not for Cathedral Churches and the Sees of Bishops our Noblest and most renouned Cities in the whole Kingdome would be of no more account then the poorest basest and most pedling Burroughs John Mayor of Brackley would govern as noble society of men as the Lord Mayor of London and Wotton-Basset contend with Bristoll For the Law defines a City thus Citie est teil ville corporate que ad un Evesque un Eglise Cathedral A City is a Town-corporate which hath a Bishop and a Cathedrall Church And so Cassanaeus affirming that there are in France 104. Cities gives this reason of it Pur ceo que la sont plusours Sees de Archieuesques Euesques because there are so many Sees of Arch Bishops and Bishops I know very well that there are too many factious and giddy people that aim at nothing but parity and levelling in Churches Cities Clergie and People in all persons and societies and that John may be a Lord would have every Lord a meer John They would debase and bring down all dignities and h nours to the rate and sieze of their own education and merits But I spupose that I write to men of sobriety and reason to men that have honours or estates to loose and such I beleive do well understand that the onely way to prevent ruine and confusion is the stability of the Laws and the stedfastness and continuance of the constitutions and Sanctions of this Kingdome Non capitur qui jus publicum sequitur He shall never be insnared that depends on the known and publick Laws But if this dependance be ever removed out of the hands of that generation of men that have fitted themselves for holy services the Laws that gave a security of those incouragements are turned into meer trapps and snares to invite them into Offices Dignities and Imploiments and there leave them exposed naked and derided Just as some Factious persons would have the Act of Vniformity become to all the Sober and obedient Clergie of the Kingdome that when it hath under the severe penalty of Deprivation exacted a Subscription and an exact Conformity and by this means drawn in a vast number of men that were not altogether so well satisfied in some particulars because they would not incur the censure of unpeacable men of Separatists of being stiffe and stubborn against Nationall Laws thinking that for peace and order sake it was but reasonable to lay aside some contracted prejudices and submit their private sentiments to the judgment of a Convocation and Parliament especially for this because they might not otherwise exercise their Ministery that now some Law of Tolleration should be made to let in all the stubborn and unpeaceable and consequently make the most obedient and honest hearted Clergie pass under the character of Cowards Temporizers Men of a large conscience and the like to their infinite reproach and discouragement the consequent of which if it could be effected would be inevitably this that all sober and wise men if in any thing they dissent from the publique opinions shall be for ever discouraged from yielding up their apprehensions to the publique quiet least when they have done it they be exposed to scorne and contempt for their obedience There is no prudent Man I conceive can have so low and dishonourable esteem of the greatest and gravest Council of this Kingdom the Parliament to imagine that they should be so unstedfast to themselves or others to hearken to such suggestions and so toss the Interests of the whole State like Shuttlecocks or think so poorly of their Faith or Honour that they should by severe penalties and strict Laws hunt men into an intricate and troublesome duty and condition upon hope of encouragement and reward and then leave them in the lurch or that Law-givers should ever unravel the whole texture of the present constitutions to set up unrighteousness by a Law FINIS