Arms yet having regard to the ancient course of the Saxons saving that they urged the use of the Bow more than formerly was used and thereby taught the conquered to conquer the Conquerours in future ages Of these sorts of Assessments before this Stature at Winton I find but two the first made by Henry the second and the other by Henry the third which together with that of this Statute I parallel thus together in their own words Hen. 2. Hen. 3. Stat. Wint.  Lands Goods  Knights Fee. 15 Librat 60 Marks 15 l. Land 40 Marks Goods Loricam Loricam Loricam Hauberk Cassidem Capellum ferri Capellum ferri Shapel de fer Clipeum Gladium Gladium Espee Lanceam Cultellum Cultellum Cotel  Equum Equum Chival 16 Marks Chattels 16 Marks Rents 10 Librat 40 Marks 10 l. Lands 20 Marks Goods Halbergellum Halbergettum Halbertum Hauberk Capelletum ferri Capellum ferri Capellum ferreum Shapel de fer Lanceam Gladium Gladium Espee  Cultellum Cultellum Cotel 10 Marks Chattels 10 Marks Rents 100 s. 20 Marks 100 s. Land. Wanbais Perpunctum Perpunctum Purpoint Capelletum ferri Capellum ferreum Capellum ferreum Shapel de fer Lanceam Gladium Gladium Espee  Lanceam Cultellum Cotel  Cultellum    Betwixt 5 l. and 40 s. 9 Marks Betwixt 5 l. 40 s.  Gladium Gladium Espee  Cultellum Arcum sagit Arke setes  Arcum sagit Cultellum Cotels  Under 40 s. Under 9 Marks to 40 s. Under 40 s.  Falces Falces Faulx  Gisarmas Gisarmas c. Gisarmes  Cultellos c.  Cotels    Under 20 Marks Goods    Espees    Cotels I have thus impaled these three that the Reader may the better discern how they relate each to other and so may the better understand the matter in the sum And I must explain three or four words in them as they are set down before I can bring up the conclusion because the mistake of the sence of the words hath made some mistake the intent of the thing and forced the same to an unwarrantable issue Lorica signifies that piece of Armour that defends the breast or forepart of the body and sometimes is made of plates of Iron of which sort I conceive those of the old Germans were whereof the Historian maketh mention paucis loricae he saith the Germans had few Arms of defence of their foreparts and fewer Helmets or Head-pieces for otherwise if they had Iron defences for their heads they would not have been content with defences made of Leather for their fore-parts as in the first rude times they might have been Sometimes it is made of links of Iron and commonly is called a Coat of Mail but I conceive it cannot be so meant in the assessments of Henry the Second and Henry the Third because that those of the second degree are said that they ought to keep Haubergettum or Halburgellum or Haubertum all which are but several dialects of one name and are taken for a Coat of Mail and therefore by the diversity of names in one and the same assessment I do conclude that the Armour was not of one and the same fashion But it is evident that by Hauberk in the assessment of the Statute at Wint. is meant a Coat of Mail and is never taken for a Brest-plate or Gorget as hath been taken upon trust by some that build more weighty conclusions upon that weak principle than it is able to bear and for the truth hereof as the word is a French word so I appeal to all French Authors and shall not trouble the Reader with the notation of the word or further about the meaning thereof In the last place as great mistake is that also of the word Shapell de fer which is taken by some to betoken a Breast-plate of Iron For the truth whereof the Reader may consider the Latine word Capellum or Capelletum and he shall find that it is an Iron cap or an ordinary Head-piece and in the Assize of Henry the Third it holds the place of Cassis in the Assize of Henry the Second For the manner of all these let the Reader view the Sculptures of the several Norman Kings armed for the Charge in the beginning of their several Reigns as they are represented in Speed's History It may also be conceived that there is as much mistake of that Weapon which is called Cultellum or Cotel whilst they translate it by the word Knife for though it be true that it is one signification of that word yet it appears not onely by this Law that it was a Weapon for a Knight in War but in use at Tornaments as by that Statute that forbids the use of a pointed Sword or pointed Cotel a Battoon or a Mace at that sport and therefore it may seem to be some Weapon of greater use either a Cotellax or such-like Weapon otherwise to enjoyn the finding of a Knife to a man as an offensive Weapon against armed men in Battle would serve to no use at all Now concerning the difference between the several Assizes aforesaid it consisteth either in the number of the several degrees or ranks of those that are assessed Or secondly in the manner of their valuation Or lastly in the particulars of their Arms assessed upon them As touching the degrees in Henry the Second's time they were but Three in regard that he onely assessed Free-holders and certainly that was the ancient Law as by the Law of the Conquerour and other Saxon Laws formerly mentioned may appear But Henry the Third taking example of King John who was the first founder of general arrays charged all but such as were men of nothing albeit I find not that such as were of the inferiour degree were sworn to those Arms but rather allowed to have them And though the Statute at Winchester holdeth to the same degrees in Lands yet in the value of Goods there is some difference in favour of them that onely have stock and no Free-hold Secondly there is some difference in the manner of valuation of Lands with Chattels and therein the Statute at Winton favours the personal estates more than Hen. 3. and he more than Hen. 2. and yet all of them pretend one rule of ancient custom I believe they mean that they had it in their eye but not in their heart For they would come as night to it as they could and yet keep as far from it as they durst Thirdly as touching the difference of the Arms between these three assessments it seems so small as in this they are most of them all one For wherein Hen. 2. leads both Hen. 3. and Edw. 1. do imitate saving that they add the Horse and Sword which questionless was to be understood as a granted case that the compleat Arms of a man could not be carried and managed without a
also the Civil Magistrate the cognizance in point of Right albeit future times introduced a change herein CHAP. XV. A brief Censure of the Saxon Prelatical Church-Government THis that I have said might at the first view seem to represent a curious Structure of Church-policie which might have put a period to time it self but to speak sine ira studio the height was too great considering the foundation and therefore ever weak and in need of props The foundation was neither on the Rock nor on good ground but by a Ginn screwed to the Roman Consistory or like a Castle in the Air hanging upon a pin of Favour of Kings and great men At the first they thought best to temporize and to hold both these their strings to their Bow but feeling themselves somewhat under-propped by the Consciences of the ignorant people they soon grew wondrous brave even to the jealousie of Princes which also was known so notoriously that the publick Synods rang That the Prelates loved not Princes but emulated them and envied their greatness and pursued them with detraction And if the Cloth may be judged by the List that one example of Wilfrid Archbishop of York will speak much He was once so humble minded as he would always go on foot to preach the Word but by that time he was warm in his Archbishops Robes he was served in Vessels of Gold and Silver and with Troops of Followers in such Gallantry as his Pomp was envied of the Queen A strange growth of Prelacy in so small a space as Eighty years and in the midst of stormy times such as then afflicted this poor Country But this is not all for never doth Pride lead the way but some other base Vice follows I will not mention the lives of the Monks Nuns and other Clerks Malmsbury speaks sufficiently of their Luxury Drunkenness Quarrelling and Fighting Others witness thereto and tell us that the Clergie seldom read the Scripture and did never preach and were so grosly ignorant that Alfred the King being a diligent Translator of Latine Writers into the Saxon Tongue rendreth this reason Because they would be very useful to some of his Bishops that understood not the Latine Tongue Nor were the Presbyters of another dye for that King bewailing their ignorance in his Letter to Wolfegus saith That those which were de gradu spirituali were come to that condition that few of them on this side Humber could understand their Common prayers or translate them into Saxon and so few as I do not saith he remember one on this side the Thames when I began to reign And the Synod that should have salved all covers the Sore with this Canonical Plaister that those of the Clergie that could not say Domine miserere in Latine should instead thereof say Lord have mercy upon us in English. It was therefore a vain thing for the Clergie to rest upon their Works or Title of Divine Right their great Pomp sacred Places and savour of Kings commended them to the Administration or rather Adoration of ignorant people and the favour of the Roman Chair unto the regard of Kings who maintained their interest with the Conclave on the one side and with the People on the other side by their means and so they mutually served one another It cannot be denied but the Pope and Kings were good Cards in those days yet had the Prelacie maturely considered the nature of the Saxon Government so much depending upon the people they might have laid a more sure foundation and attained their ends with much more ease and honour I commend not the base way of Popularity by principles of Flattery but that honourable service of Truth and Vertue which sets up a Throne in the minds of the Vulgar few of whom but have some sparks of Nature left unquenched for though Respect may chance to meet with Greatness yet Reverence is the proper Debt to Goodness without which we look at great men as Comets whose influence works mischief and whose light serves rather to be gazed upon than for direction The foundation thus happily laid the progress of the building was no less irregular in regard of their ends that they aimed at For first they admitted the Laity into their Synods who were not so dull but could espie their ambition nor so base spirited as to live in slavery after conviction This Errour was espied I confess but it was too late and though they reformed it yet it was after Four hundred years labour And in the mean time by the contentions of the Clergie amongst themselves Kings had first learned so much of their Supremacy and the Laity so much of their Liberty as they began to plead with the Clergie and had brought the matter to issue before the Synod could rid themselves of these Lay-Spectators or rather Overseers of their ways and actions A second Errour was the yoking of the Bishops power under that of the Synods for they had little or no power by the Canon that was not under their controul neither in admission or deprivation of Presbyters or others determining of any Cause nor passing sentence of Excommunication And this could not but much hinder the hasty growth of Antichrist's power in this Kingdom Nor could it ever be compleated so long as the Synods had the chief power Nevertheless the inthralled spirits of the Clergie and terrour of the Papal thunder-bolt in continuance of time surmounted this difficulty and Synods became so tame and easily led as if there had been but one Devil to rule amongst them all For if any quick eye or active spirit did but begin to peep or stir the Legate e latere soon reduced him into rank and kept all in awe with a Sub poena of unknown danger A third error was the allowing of peculiars and exemptions of Religious Houses from ordinary jurisdiction and this was an error in the first concoction a block in the way of Prelacy and a clog to keep it down This error was soon felt and was occasion of much mutiny in the body Ecclesiastical but exceeding profitable for Rome not only in point of Revenue by the multitude of Appeals but especially in maintaining a party for the Roman See in case the Prelacy of England should stumble at the Supremacy of Rome Otherwise it seemed like a Wen upon the body rather than any Homogene Member and without which certainly the English Prelacy had thriven much better and the Roman Chair much worse In all which regards I must conclude that the Prelatical Government in England was as yet like a young Bear not fully licked but left to be made compleat by time and observation CHAP. XVI Of the Saxons Common-wealth and the Government thereof and first of the King. HAving already treated of the Saxon Church in order I am now come to the Republick which in all probability will be expected to be suitable to their original in Germany whereunto having
sworn that he would not sell Right or any remedial Writ to any one yet upon the day of c. he sold to B. a Writ of Attaint and would not grant the same under half a Mark. So as the difference between an Indictment and Presentment in those days was onely in the degree of the Crime for which the party Delinquent was accused and in the manner of conclusion of the Presentment which was without Averment The last way of Trials concerns such offences that exceed not the nature of Trespass done to a mans Person or his Goods and this was by way of Action and it was to obtain recompence for Damage sustained Now because the former were called Personal Trespasses the Process was by attachment of the Person who thereupon put in Bail or else his Person was secured by imprisonment till Trial and satisfaction made But in the later that concerned the reality Three Summons went forth in the Hundred-Court and if default were made complaint thereof ensued in the County-Court and thence issued forth a Distringas and if the Defendant still persisted in declining his appearance the Distress was forfeited and a Summons issued upon the Land. If then the Defendant would not appear or upon appearance would not give Pledges to abide Judgement his whole Land was seized for the benefit of the King of the Lord of the Hundred and of the Complainant because he had offended against all three But if the party appeared in former times he answered forthwith and Judgement passed without delay as hath been said unless in urgent cases where the matter was raw and then it was adjourned and Pledges given by the Defendant to the full value after the custom of the Athenians and if the Defendant made Default at the day his Pledges were forfeited But in after-times for better and more advised proceeding the Defendant was admitted to his Essoines yet with a Proviso that no Essoine should be allowed for above Fifteen days and this was the direction of King Alfred In the answer of the Defendant he either traversed the matter in fact or confessed and justified or confessed and submitted The first put the matter to the judgement of the Freemen the second to the judgement of the Judge the third to the discretion of the Complainant whereby the Defendant generally found mercy and in case of Trespass rendred less damage I find no footsteps in those times of Dilatorypleas or Demurrer or other delays unless in case of infancy for the Saxons knew no other age of ability to do or suffer but the age above One and twenty years and in Alfred's time a Judge suffered death for passing Sentence of death upon one under that age Albeit the Canonists had in those days brought into custom other ages of ability in matters concerning Marriage although it may well be thought that it requireth no less maturity to manage the affairs of a married life than to discern the nature and difference of manners especially in case of crimes which are contrary to the very light of nature CHAP. XXXVII Of the several manners of extraordinary trial by Torture Ordeale Compurgators and Battle EVidence of the matter in fact upon trial of Causes in the Saxon Judicatory sometimes consisted in the pregnant testimony of the Fact it self and sometimes in the testimony of some Circumstances The first was an unquestionable ground of conviction the second was too weak to command the Verdict although sometimes it perswaded it and therefore those incompassionate times found out a trick of extorted confession by torture of the party following the principles of passion therein rather than sober judgement for circumstances are sufficient to irritate the hearts of those that are passionate and where Jealousie is once entred there 's no place for sparing be the matter never so untrue Yet I do not find any Law amongst the Saxons to patronize this fashion of conviction albeit it seemeth it was practised for Alfred the King punished one of his Judges with death for passing Sentence upon an extorted confession by Torture before the Corner And possibly it might be gained from the Lacedemonians although little to the praise of their Greekish wisdom in that particular Seeing that in all reason it must be supposed that Fear and Grief will enforce Flattery upon the Tormentor as well as Self-love draw forth Flattery to the Benefactor A second sort of Evidence was that of Ordeale being also grounded upon a pre-conceit or suspicion the manner hereof was divers The thing seemeth to be the birth of the Brain of some Church-man who had read of the cursed Water The first mention that I find thereof was at the Council of Mentz and afterwards in the Council of Triers but not a footstep thereof in this Kingdom till by Aethelstan it was advanced into the degree of a Law after which time it continued in use well nigh Three hundred years A strange monument of God's idulgency to an ignorant Age thus turning extraordinary to ordinary for the clearing of innocency and which is no less wonderful allowing in those times unto men under nature such a power over themselves as to adventure against nature Doubtless that man or woman was of a daring spirit that first tried the trick if he had not a miraculous faith in that promise Cum ambulaveris per ignem c. and it shewed metal in them that followed the example But the next age grew dull and men being weary of such bane-touches the Clergy that cried it up their successours cried it down and so devoured their own birth without any difficulty other than a bare injunction of a King that had power to command onely such as would obey But where fame was yet more slight and springing rather from want of charity and misapprehension than promising circumstances men were wont to be contented with a voier Dire or the Oath of the party suspected and the concurrent testimony of other men The first attesting his own innocency the other contesting their Consciences of the truth of the former testimony and therefore were and still are called Compurgators Their number was more or less and of greater or less value according as the offence or the party suspected was of greater or less concernment This manner of trial was of ancient use and both it and that Ordeale under the directory of the Clergie yet this was the ancienter by Three hundred years and first brought into this Nation by the Council at Berghamsted under Bertwald Archibishop of Canterbury And it was performed sometimes more solemnly by solemn receiving of the Eucharist especially if the person suspected was of the sacred Function One manner of trial yet remains which was used both in trial of matters of Crime and Title and it is the trial by Battle which was in criminal matters with sharp Weapons but in titulary matters with blunt
cases and of the Writ de cautione admittenda Persons cited and making default may be interdicted and the King's Officer shall compel him to obey If the King's Officer make default he shall be amerced and then the party interdicted may be excommunicated So as the Process in the Spiritual Courts was to be regulated according to Law. Nor did it lie in the power of such Courts to order their own way or scatter the censure of Excommunication according to their own liking This together with all those that forego the Arch-bishop upon his repentance absolutely withstood although he had twice consented and once subscribed to them having also received some kind of allowance thereof even from Rome it self Clergy-men holding per Baroniam shall do such services as to their Tenure belong and shall assist in the King's Court till judgement of Life or Member Two things are hereby manifest First that notwithstanding the Conquerour's Law formerly mentioned Bishops still sate as Judges in the King's Courts as they had done in the Saxon times but it was upon causes that merely concerned the Laity so as the Law of the Conquerour extended onely to separate the Laity out of the Spiritual-Courts and not the Clergie out of the Lay-Courts Secondly that the Clergie especially those of the greater sort questioned their services due by Tenure as if they intended neither Lord nor King but the Pope onely Doubtless the use of Tenures in those times was of infinite consequence to the peace of the Kingdom and government of these Kings whenas by these principally not onely all degrees were united and made dependant from the Lord paramount to the Tenant peravale but especially the Clergie with the Laity upon the Crown without which a strange metamorphosis in Government must needs have ensued beyond the shape of any reasonable conceit the one half almost of the people in England being absolutely put under the Dominion of a foreign power Sanctuary shall not protect forfeited Goods nor Clerks convicted or confessed This was Law but violence did both now and afterwards much obliterate it Churches holden of the King shall not be aliened without License It was an ancient Law of the Saxons that no Tenements holden by service could be aliened without License or consent of the Lord because of the Allegiance between Lord and Tenant Now there was no question but that Churches might lie in Tenure as well as other Tenements but the strife was by the Church-men to hold their Tenements free from all humane service which the King withstood Sons of the Laity shall not be admitted into a Monastery without the Lord's consent Upon the same ground with the former for the Lord had not onely right in his Tenant which could not be aliened without his consent but also a right in his Tenant's Children in regard they in time might by descent become his Tenants and so lie under the same ground of Law For although this be no alienation by legal purchase yet it is in nature of the same relation for he that is in a Monastery is dead to all worldly affairs These then are the rights that the King claimed and the Clergy disclaimed at the first although upon more sober consideration they generally consented unto the five last But their Captain-Archbishop Becket withstood the rest which cost him his life in the conclusion with this honourable testimony that his death Sampson-like effected more than his life For the main thing of all the rest the Pope gained to be friends for the loss of so great a stickler in the Church-affairs as Becket was In this Tragedy the Pope observing how the English Bishops had forsaken their Archbishops espied a muse through which all the game of the Popedom might soon escape and the Pope be left to sit upon Thorns in regard of his Authority here in England For let the Metropolitan of all England be a sworn servant to the Metropolitan of the Christian World and the rest of the English Bishops not concur it will make the Tripple Crown at the best but double Alexander the Pope therefore meaned not to trust their fair natures any longer but puts an Oath upon every English Bishop to take before their consecration whereby he became bound 1. To absolute allegiance to the Pope and Romish Church 2. Not to further by deed or consent any prejudice to them 3. To conceal their Counsels 4. To aid the Roman Papacy against all persons 5. To assist the Roman Legat. 6. To come to Synods upon Summons 7. To visit Rome once every three years 8. Not to sell any part of their Bishoprick without consent of the Pope And thus the English Bishops that formerly did but regard Rome now give their Estates Bodies and Souls unto her service that which remains the King of England may keep And well it was that it was not worse considering that the King had vowed perpetual enmity against the Pope But he wisely perceiving that the King's spirit would up again having thus gotten the main battle durst not adventure upon the King's rear lest he might turn head and so he let the King come off with the loss of Appeals and an order to annul the customs that by him were brought in against the Church which in truth were none This was too much for so brave a King as Henry the second to lose the scare-crow-power of Rome yet it befel him as many great spirits that favour prevails more with them than fear or power For being towards his last times worn with grief at his unnatural Sons a shadow of the kindness of the Pope's Legat unto him won that which the Clergy could never formerly wrest from him in these particulars granted by him that No Clerk shall answer in the Lay-courts but onely for the Forest and their Lay-fee This savoured more of courtesie than Justice and therefore we find not that the same did thrive nor did continue long in force as a Law although the claim thereof lasted Vacancies shall not be holden in the King's hand above one year unless upon case of necessity This seemeth to pass somewhat from the Crown but lost it nothing for if the Clergy accepted of this grant they thereby allow the Crown a right to make it and a liberty to determine its own right or continuing the same by being sole Judge of the necessity Killers of Clerks convicted shall be punished in the Bishops presence by the King's Justice In the licentious times of King Steven wherein the Clergy played Rex they grew so unruly that in a short time they had committed above a Hundred murthers To prevent this evil the King loth to enter the List with the Clergy about too many matters let loose the Law of feud for the friends of the party slain to take revenge and this cost the bloud of many Clerks The Laity haply being more industrious therein than otherwise they would have been
the issue will be And therefore though it in the general be more beneficial that all Exportation and Importation might be by our own Shipping yet in regard times may be such as now they were that the Shipping of this Nation is more than ordinarily employed for the service of the State And that every Nation striveth to have the benefit of Exportation by Vessels of their own And Lastly in regard the case may be such as Importation may be at a cheaper rate by forein Vessels and Exportation likewise may for the time be more prejudicial to this Nation if done by our own Shipping than those of other Nations Therefore the course must be changed so far forth as will stand with the occasions of the State and common profit of this Nation And for these causes and such-like in the times whereof we now treat the Laws often varied Sometimes no Staple-Commodity must be Exported in English bottoms sometimes all must be done by them and within a year again that liberty was restrained and after that liberty given to Foreiners to Export as formerly The third and last Consideration is as necessary as any of the former for if Trade be maintained out of the main Stock the Kingdom in time must needs be brought to penury because it is their Magazine And for this cause it was provided That all Wool should remain at the Staple 15 days to the end it might be for the Kingdoms use if any one would buy they must do it within that time otherwise it might be exported The sixth means of advancement of Trade was the setling of the Staple for as it was an encouragement to the first establishing of the Manufacture that the Staples were let loose so when the Manufactures had taken root the Staple especially now fixed to places within this Kingdom brought much more encouragement thereto First For preserving a full Market For whilst the Commodity lies scattered in all places the Market must needs be the leaner partly in regard the Commodity lies in obscurity and partly because when it is known where yet it is not easily discovered whether it be vendible or not and besides small parcels are not for every man's labour and the greater are not for every man's money Secondly Staples are convenient for the slating of the general price of the Commodities in regard the quantity of the Commodity is thereby the more easily discovered which commonly makes the price And the quantity of the Commodity thus discovered will not onely settle the price to it self but also ballance the price of the Manufacture Thirdly The Staple having thus discovered the quantity of the Commodity will be a ready way to settle the quantity of the main Stock that must be preserved and regulate Exportation as touching the overplus But it cannot be denied that the first and principal mover of the making of the Staple was the benefit of the Crown For when the Commodity was gone beyond the Sea it importeth not to the Subjects in England whether the same be sold at one place or more or in what place the same be setled until the Manufacture was grown to some stature and then the place became litigious The benefit of Exportation pretended much interest in the setling thereof beyond the Sea but in truth it was another matter of State. For when it was beyond Sea it was a moveable Engine to convey the King's pleasure or displeasure as the King pleased for it was a great benefit to the Countrey or place where-ever it setled or else it moved or stayed according to the inclination of the People where it was either for War or Peace But on the contrary the Interest of the people began to interpose strongly And for these causes the Parliament likewise intermeddled in the place and thus the Scene is altered Sometimes it is beyond the Seas in one place or in another sometimes in England In Edward the Third's time we find it sometimes at Calis sometimes in England In Richard the Second's time we find it again beyond the Seas at Middleburgh thence removed to Calis and after into England Where at length the people understood themselves so well that the Parliament setled the same it being found too burthensome for the Manufactures to travel to the Staple beyond the Seas for the Commodity that grew at their own doors besides the enhansing of the price by reason of the Carriage which falling also upon the Manufactures must needs tend to the damage of the whole Kingdom This was one way indeed and yet possibly another might have been found For if a Computation had been made of the main Stock and a Staple setled within the Kingdom for that and the overplus exported to a Staple beyond the Sea it might have proved no less commodious and more complying It is very true that there are many that call for the Liberty of the people that every man may sell his own Commodity as he pleases and it were well that men would consider themselves as well in their Relations as in their own Personal Respects For if every man were independent his liberty would be in like manner independent but so long as any man is a Member of a Common-wealth his liberty must likewise depend upon the good of the Common-wealth and if it be not good for the Nation that every man should sell his own Commodity as he pleaseth he may claim the liberty as a Free-man but not as an English-man Nor is that liberty just so long as his Country hath an interest in his Commodity for its safety and welfare as in his own person I do not assert the manner of buying the Staple-Commodities by Merchants of the Staple to sell the same again in kind for their private advantage Divers limitations must concur to save it from an unlawful ingrossing nor doth it appear to me that the Staplers in these times used such course or were other than mere Officers for the regulating of the Staple in nature of a Court of Piepowders belonging to some Fair or Market Nevertheless I conjecture that it may well be made evident from principles of State that Marts Markets and Staples of Commodities that are of the proper Off-spring of this Nation are as necessary to Trade as Conduits are to places that want Water The seventh and last means that was set on foot in these times for the advance of Trade was the regulating of the Mint and the current of Money This is the life and soul of Trade for though exchange of Commodities may do much yet it cannot be for all because it is not the lot of all to have exchangeable Commodities nor to work for Apparel and Victual Now in the managing of this trick of Money two things are principally looked unto First That the Money be good and currant Secondly That it should be plentiful As touching the excellency of the Money several Rules were made as against
formerly hath been already manifested Thirdly As touching Matrimonial Causes their former power of making Laws concerning them and Testamentary Causes is now absolutely taken away onely concerning Matrimonial matters they had so much of the Judicatory power concerning the same put upon them as might well serve the Kings own turn and that was for determining the matter between himself and the Lady Katherine Dowager depending before the Archbishop Cranmer For the King supposed the Pope a Party and therefore meaned not that he should be his Judge And thus though the Clergie had acknowledged the King to be their Supream Head yet in this he was content to acknowledge their Supremacy above him to judge between himself and his Queen and in other matters concerning himself So as upon the whole matter the Convocation were gainers in some things in other things they were onely losers of that which was none of their own CHAP. XXX Of the power of the Clergie in their Ordinary Jurisdiction THose Spirits are truly degenerate that being sensible of miserie cannot stir up desires of Change although the way thereto lies open before them And this shews the nature of the Romish Yoke that it lay upon the Spirits of men did intoxicate and make them drunk with their condition Otherwise the Usurpations Oppressions Extortions and Incroachments of the Popedom upon the Bishops Sphere and the people under their charge could never have provoked such complainings amongst all sorts in several ages from time to time And now that Henry the Eighth undertakes to set them free so as they would acknowledge his Supremacy they all are struck dumb till a Praemuniri taught them to speak and so were scared into a better condition than they would have had and into a more absolute Estate of Jurisdiction than they received from their Predecessors The Pope had now usurped a power supra-ordinary over all Appeals gained the definitive Sentence to the Roman See and had holden this power by the space of four hundred years and the King finding the root of all the mischief to his Crown from abroad springing from that Principle meaned not to dispute the point with the Casuists but by one Statute took away all Appeals to Rome and determined Appeals from the Bishops Court in the Archbishops Court and the Appeals from the Archbishop's Commissarie in the Court of Audience So as though in the Kings own Case the Convocation had the last blow yet in matters concerning the Subjects the Archbishop was either more worthie or more willing with that trust For though the Convocation might have determined all as well as the Pope yet for dispatch sake of a multitude of Appeals now depending at Rome and to prevent long attendance on the Convocation that now had much to do in matters of more publick nature the utmost Appeal in such cases is made Provincial This whether priviledge or prejudice the Ecclesiastical Causes gained above the Civil whose definitive Sentences was reserved to the Parliament And thus is the Archbishop made Heir to the Pope in the greatest priviledge of a Pope to be chief Judge on Earth in matters Ecclesiastical within his own Province A trick that in my opinion much darkned the Glory of the Kings Title of Supream Head which the Church-men had formerly offered up to the honour of the Crown of this Realm For be it so that the Title is in the Crown by Remitter yet cannot the same carry along with it any more than a lawful power and whether all the Pope's former power allowed him by the Canon or gained by Usurpation and Custom shall be said a lawful power or whether the power of Review by Appeal shall be derived to the Crown under the general Notion of Supreamacy upon the Clergies submission is to me a doubt albeit I must give honour to the Judgement in Print in regard that after the submission of the Clergie the matter concerning the Divorce of the Lady Katherine Dowager came before the Pope by Appeal and there depended the King himself also waiting upon that See for Justice and a definitive Sentence in that matter and thereby acknowledged the Pope's power De facto Notwithstanding the Clergies foregoing submission and being occasioned by the delay at Rome he procured this Statute concerning Appeals to be made whereby at one breath he took the Appeals to Rome away and setled them as formerly hath been mentioned all which was done two years before the Title of Supremacy was annexed or declared for to be to the Crown by Act of Parliament And therefore as to me it appears the power of Supream Cognizance of Appeals was not in actual possession of the Crown by the Clergies submission so was it actually vested in the Archbishop before the Title of Supremacy was confirmed by Act of Parliament and so it never was in the Crown actually possessed much less had the Crown the same by Remitter For the King's turn once served by the Convocation and the matter of the Divorce of Queen Katherine setled the King perceiving the slow progress of the Convocation the Members of the same not being yet sufficiently tuned to the present Affairs And moderate Archbishop Cranmer likewise foreseeing that the Odium of these Definitive Sentences would be too great for him to bear another Appeal is provided more for the honour of the Crown to be from the Archbishop to Delegates to be appointed by the King his Heirs and Successors so as though their Nomination be the Kings yet their power is deduced immediately from the Parliament which took the same from the Archbishop and conferred it upon them A second advantage not inferiour hereto which the Archbishop gained out of the ruines of the Popedom was the power of Licenses and Dispensations or Faculties In the Pope it was a transcendent power without any rule but what was tuned to him by the Bird in his own breast and was the ground of much license or rather licentiousness in the world But in the Archbishop they seem to be regulated To be First in Causes not repugnant to the Law of God. Secondly such as are necessary for the Honour and Security of the King. Thirdly such as were formerly wont to be remedied at the See of Rome yet in truth left as much scope for the Conscience of the Archbishop to walk in as the Pope had in former times A large Teather and greater priviledge than ever the Crown had by which although the King himself be like Saul higher by the Head than all the people yet in many things Samuel is higher than he The moving cause hereof is not difficult to find out the King had but lately married the Lady Anne Bullen a thing that many startled at and the King himself not extreamly resolved in he would therefore have his way like that of the Zodiack broad enough for Planetary motion of any one that could not contain himself within the Ecliptick line of the Law and so