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A76981 An historicall discourse of the uniformity of the government of England. The first part. From the first times till the reigne of Edvvard the third; Historicall discourse of the uniformity of the government of England. Part 1 Bacon, Nathaniel, 1593-1660.; Marshall, William, fl. 1617-1650, engraver. 1647 (1647) Wing B348B; ESTC R8530 270,823 378

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that worke which outwearied their strength at last and made them forgoe the prey as too heavy for the Eagle to trusse and carry away It oft befals that things of deformed shape are neverthelesse of excellent spirit and serve the turne best of all and it is no lesse remarkable that this tyde of Roman invasion however it represented to the world little other then a tumour of vain-glory in the Romans that must needs be fatall to the Britons liberty and welfare yet by over-ruling providence it conduced so much to the Britons future glory as it must be acknowledged one of the chiefe master-pieces of supernaturall moderatorship that ever this poore Island met with First it taught them to beare the yoke to stoop and become tractable for stubborne spirits must first stoop under power before they will stoop to instruction but this onely in the way for tractablenesse if good ensue not is of it selfe but a disposition for evill Secondly it brought into Britaine the knowledge of Arts and civility and questionlesse it was a wise policy of Agricola to goe that way to worke Tacit. vit Agric. for its an easie and Royall worke to governe wise men but to governe fooles or mad men is a continuall slavery and thus religion already setled in Britaine became honoured with a traine of attendants and handmaids Thirdly they reduced the number of little Lordships nigher to the more honourable estate of Monarchy for the Romans by deere experience finding no stability or assurance in what they had gotten so long as so many petty Kings had the rule they wisely brought the whole into one Province because it is much easier to governe many subordinate each to other then co-ordinate one with another over which they allowed one chiefe to rule the people according to their own Lawes saving their service to the Romans and their Lieutenants untill they were necessitated to yeeld up all to the next occupant This served the British Church with a double interest For first Religion spreads sooner under one uniform government then under variety and under Monarchy rightly ordered rather then any other government whatsoever albeit that other governments may afford it faster footing when it is entred Secondly Rome was a renowned Church throughout the world for gifts and graces and it is obvious to conceive that it was specially purposed by divine providence to make that place a fountaine that from thence the knowledge of Christ might convey it selfe joyntly with the influence of Imperiall power as the spirits with the blood into all Nations of that vast body Above one hundred yeeres were spent in this Provinciall way of government of Britaine under the Roman Lieutenants during all which time Religion spread under ground whiles the Roman power in a continuall war sprang upward Nor is it strange that Religion should thrive in warre the French wars in Edward the thirds time brought much of this happinesse to England from the Waldenses and Germany had no lesse benefit by the wars of Charles the fifth with the Italians French and Turks and thus the Romans levened with the Gospell by exchanging men with Britaine and other mutuall correspondencies insinuated that leven by degrees which in the conclusion prevailed over all For the Roman Lieutenants having gotten sure footing in Britaine steered their course with a different hand generally they were of the Roman stampe seeking to kill Christ in the Cradle and by that meanes Religion met with many bitter storms of bitter persecution and so was compelled to beare a low saile but some being more debonaire and of wiser observation soon found that the way of justice and gentlenesse had more force in Britaine then Armes and so endeavoured to maintaine that by moderation which they had gotten by labour and blood as it is ever seen that where conquest is in the van gentlenesse follows in the reare because no Bow can stand long bent but at length must give in and grow weake And thus by connivance the Britons got a little more scope and Religion more encouragement till it became acquainted with the Roman Deputies began to treat with the Emperours themselves and under the wise government of Aurelius the Emperour mounting into the Brittish throne crowned Lucius first of all Kings with the Royall Title of a Christian He now not so much a vassall as a friend and ally to the Romans and perceiving the Empire to be past noon and their Lieutenants to comply with the Christians began to provide for future generations and according to the two grand defects of Religion and Justice applied himselfe for the establishment of both Religion in Britaine hath hitherto been for the most part maintained by immediate influence from Heaven No Schools no learning either maintained or desired the want whereof together with the persecutions stirred up by the Emperours especially Domitian brought the Church to so low an ebbe that the Sacraments ceased for Histories tell us that Lucius sent to Rome for reliefe and that the Bishop of that place whether Evaristus or Eleutherius sent over learned men to preach and baptize both King and people and in this Rome might probably gaine some honour M. Westm an 181. although possibly the King intended it not or muchlesse to acknowledge any authority or power in that Church over that of Britaine This act of Lucius so advanced him in the opinion of writers that they know not when they have said enough Some will have him to be the instrument of the first entry of Religion into this Isle others that he setled a forme of Church-government under the three Archbishops of London Yorke and Caerlion upon Vske and 28 Bishopricks the first of which is cried down by many demonstrative instances nor can it consist with the second nor that with it or with the truth of other stories For it neither can be made out that Lucius had that large circuit within his Dominion nor that the title of Archbishop was in his daies known and t is very improbable that the British Church was so numerous or that Religion in his time was overspread the whole Island nor is there any mention in any Authour of any Monuments of these Archbishops or Bishops of Britaine for the space of 200 yeeres after this Kings reign and yet no continuall raging persecution that we read of that should enforce them to obscure their profession or hide their heads or if such times had been it would have been expected that Bishops in those daies should be in Britaine as well as in other places most famous for gifts and graces and passe in the forefront of persecution But we finde no such thing no not in the rages of Dioclesian which made the British Church famous for Martyrs Writers speake of Alban Amphibalus Aron Julius and a multitude of Lay-people but do not mention one Bishop nor Presbyter nor other Clergyman M. Westm an 303. but quendam Clericum a man it seems of no
withstood all though he had twice consented and once subscribed to them Constit at Clarindon having also received some kind of allowance thereof even from Rome it selfe cap. 12. Clergy men holding per Baroniam shall doe such services as to their tenure belong and shall assist in the Kings Court till judgement of life or member Two things are hereby manifest First that notwithstanding the Conquerours law formerly mentioned Bishops still sate as Judges in the Kings courts as they had done in the Saxon times but it was upon causes that meerly concerned the Laity so as the Law of the Conquerour extended onely to separate the Laity out of the Spirituall Courts and not the Clergy out of the Lay courts Secondly that the Clergy especially those of the greater sort questioned their services due by tenure as if they intended neither Lord nor King but the Pope onely Doubtlesse the use of tenures in those times was of infinite consequence to the peace of the kingdome and government of these Kings when as by these principally not onely all degrees were untied and made dependant from the Lord paramont to the Tenant peravale but especially the Clergy 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 halfe almost of the people in England being absolutely put under the dominion of a forraine power Sanctuary shall not protect forfeited goods cap. 13 14. 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 with out Licence Constit at Clarindon cap. 15. It was an ancient Law of the Saxons that no Tenements holden by service could be aliened without licence 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 Churchmen to hold their Tenements free from all humane service which the King withstood Sons of the Laity shall not be admitted into Monastery without the Lords consent cap. 16. Upon the same ground with the former for the Lord had not only right in his tenant which could not be aliened without his consent but also a right in his tenants children in regard they in time might by descent become his tenants so lie under the same ground of law for although this be no alienation by legall purchase yet it is in nature of the same relation for he that is in a Monastery is dead to all worldly affaires 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 Captaine Archbishop Becket withstood the rest which cost him his life in the conclusion with this honourable testimony that his death Samson like effected more then his life for the maine thing of all the rest the Pope gained to be friends for the losse of so great a stickler in the Church affaires as Becket was In this Tragedy the Pope observing how the English Bishops had forsaken their Archbishop espied a muse through which all the game of the Popedome might soon escape and the Pope be left to sit upon thornes in regard of his authority here in England For let the Metropolitane of all England be a sworne servant to the Metropolitane of the Christian world and the rest of the English Bishops not concur it will make the tripple Crown at the best but double Antiq. Brit. 302. F xe An. 1179. Alexander the Pope therefore meaned not to trust their faire 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 conceale their counsels 4. To ayd the Roman papacy against all persons 5. To assist the Roman Legate 6. To come to Synods upon Summons 7. To visit Rome once every three yeeres 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 soules unto her service that which remaines the King of England may keepe And well it was that it was not worse M. Paris An. 1167. considering that the King had vowed perpetuall enmity against the Pope but he wisely perceiving that the Kings spirit would up againe having thus gotten the maine battell durst not adventure upon the Kings reare least he might turn head and so he let the King come off with the losse of appeales Baronus Anal. 1164. Sec. 11. and an order to annull the customes 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 loose to the scarcrow power of Rome yet it befell him as many great spirits that favour prevailes more with them then feare or power for being towards his last times worne with griefe at his unnaturall sonnes a shaddow of the kindnesse of the Popes Legate unto him wonne that which the Clergy could never formerly wrest from him in these particulars granted by him M. Paris An. 1176. That No Clerke shall answer in the Lay courts but onely for the forest and their Lay fee. This savoured more of curtesie then justice and therefore we finde not that the same did thrive nor did continue long in force as a Law although the claime thereof lasted Vacances shall not be holden in the Kings hand above one yeare unlesse upon case of necessity This seemeth to passe 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 Kings 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 murders To prevent this evill the King loth to enter the List with the Clergy about too many matters let loose the law of feude for the friends of the party slaine to take revenge and this cost the blood of many Clerkes the Laity happly being more industrious therein then otherwise they would have been because the Ecclesiasticall Judge for the most part favoured them As an expedient to all which this Law was made and so the Clergy was still left to their Clergy and justice done upon such as sought their blood Clergy men shall not be holden to triall by battaile It was an ancient Law of the Saxons and either