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
Anno 12 13. An. 12 13. He disinherited some Noble men without judgment of their Peers He Robbed Baynards Castle in London Poysoned Maude the Fair because she would not consent to his Lust After he had spoiled Religious Persons when the foulness of those Practices were like to undo him he constrained them to give him writings wherein they acknowledged that they had willingly given him all that he had with Violence taken from them This was the cause that the Barons so determinately demanded the confirmation of the Magna Charta and Charta de Foresta of that Hen. 3. his Son and Successor without which they looked on the whole Land to be perfectly enslaved This he granted and it was with all possible Faith and Assurance publiquely ratified And this is the Fundamental Law of this Land concerning the Right and Property of every Subiect both Lay and Clergy And if this be broken there is no security of any Mans Possessions Nay even those that hold by Escuage Serjeancy or by any other services if they perform those services as they are due no Power without illegal and unconscionable Violence and Oppression can Invade or Disseise them without their consent this being a common Principle and Maxime in all Laws Quod nostrum est sine facto nostro transferii non potest That which is mine without my deed cannot be transferred to another Thus far it is visible and clear that by apparent Right and by the Fundamental Laws of the Land that the Clergy stand on the same Basis and ground in their Estates and Possessions with the Laity And least it should be doubted what Liberties are intended to be granted to them the Laws have in many things explained them As the right of Advowsons and Presentations that belong to the Church to be kept inviolable 25 Edw. 3.3.7 25 Edw. 3.3.7 The right of their Forests and Chaces and Parks to the Archbishops and Bishops Charta de Foresta Charta de Foresta c. 4. 9 Hen. 3. Mag. Chart. c 37. cap. 4. The Liberties of all their ether Rights and Possessions Magna Charta cap. 37. All that even before the Conquests of Danes or Normans had belonged unto them such as an exemption from Murage Pontage Cook Inst vol. 2. fol. 1 2. Fitz-Herb Nat. Brev. fol. 175. Cook Institut vol. 2. fol. 1 2. An exemption from Secular Offices Si home qui tient certeine terres ou tenements par reason de se terres dever estre elect Baillie ou Reve ou en auter tiel office pour se terres ore si tiel home soit fait Clerke ou deins sacres Orders donc il ne devan estre elect pour se terres en tiel office And if he be returned in such an Office by the Kings Writ he shall be discharged the words of which Writ are these Cum secundum leges consuetudines Regni nostri Angliae infra sacros ordines constituti ad officium Ballivi c. eligi non debent And again Acceperimus quod magistrum C. Officium Ballivi c. manerii de L. assumere compellere nitimini in ipsius grave damnum contra legem consuetudines supradictas Precipimus quod districtioni compulsioni c. omnino supersedeatis c. An exemption from distresses on Glebes of Ecclesiastical Livings A Writ being issuable Id. fol. 174. Quod distresse ne soit pris en le Glebes de Parsons ne Vicars ne auter Minister found sur le Statute de Articulis cleri cap. 6. the words of which Writ are these Rex Vicicomiti salutem c. 9 Edw. 2. Cum nuper ingressus fuisti in terris tenementis Rectoriae de C. Dominum S. graviter distrinxisti indies distringere non desistis in ipsius prejudicium libertatis Ecclesiasticae manifestam laesionem contra formam Articulorum de Clero c. Nos libertates Ecclesiasticas illaesas observari volentes precipimus c. An exemption of the Clergy from paying Subsidies among the Laity or by their taxing In which case a Writ also lyeth Id. fol. 176. Rex taxatoribus X. XV. per communitatem Regni nostri Angliae nobis ultimo concessarum c. Vobis mandamus quod S. Prebenda de B. in propriis bonis suis quae inter Spiritualia ad decimam taxantur de quibus dat nobis decimam ratione X. XV. nobis per Laicos concessarum non molestetis sive in aliquo gravetis c. To exempt them from * Nor did our Law allow more in this than the Pagan Prince Artaxerxes allowed to the Jewish Priests and Levites Ezra 7.24 who commanded that they should not impose Tolls and Customs on them Passage Castle-guard Murage Pontage c. A Writ also lyeth That no Prohibition shall lie against the Proceedings of Ecclesiastical Courts in case of Tythes Mortuaries Oblations or Commutation of Penance on the instance of an Offender Art Cleri 9 Edw. 6.2.1 2.3 That the Kings Prohibition shall not lie in Excommungement unless where the Kings Liberty is prejudiced Art Cleri cap. 12. 9 Ed. 2.12 And several other the like Liberties and Immunities Nor do the too frequent and impudent Rapines of violent and tyrannical Powers make the depilation of the Church or the plundering of the Clergy become ever the less Illegal or wicked A facto ad jus non valet consequentia any more than frequent Rapes and Adulteries or numerous Piracies and Robberies can change the nature of those facts and make them ever the less Villanies So that when on one side we shall read in our Chronicles Matthew Paris the Symony of William Rufus or on the other side Will. Malmesbury his encouragement of the Jews to fight against the Christians promising that if they overcame he would become a Jew We judge his Justice and Religion to be much of a sort in one and the other Stows Chron. For King John to spoil and plunder the Clergy or to disseise his Barons to condemn them without judgment of their Peers and convert their Estates to his own use are practices a like justifiable by the Fundamental Laws of this Land And who would not have taken it to have been a compleat character that that insatiable gulph of Lust and Avarice Hen. 8. gave of himself that he never spared Man in his Rage nor Woman in his Lust if he had added but this one thing more that he never pittied the helpless in his greediness But those practices against his own Servants and these against Gods Church have a like countenance by the Fundamental Laws of this Kingdom and more became a Robber than a Prince for Subditos spoliare opprimere non regnum est sed latrocinium To spoil and oppress Subjects was more like a Robber than a King Nay it is not to be questioned that this design of his for the spoil of the Church had went on
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