yet the King permitted him to appoint or prohibit nothing but what was according to His own will and pleasure and what the King had b Idem ibid. ordained before 9. Lastly Barons not to be excommunicated without the Kings command King William suffered no Bishop to excommunicate any of his Barons or Officers for adultery incest or any such hainous crime except by the Kings Command first made acquainted with the same Here the word Baron is not to be taken in that restrictive sense to which the modern acception hath confined it onely for such of the higher Nobility which have place and Votes in Parliament but c J. Selden Sptcilegium ed Eadmeium pag 168. generally for such who by Tenure en cheef or in Capite as they term it held land immediately of the King And an English d Robert of Glocester Poet counted the Virgil of his age and the Ennius in ours expresseth as much in his Rythmes which we here set down with all the rust thereof without rubbing it off remembring how one e Camdens Elizabeth Anno 1584. John Throkmorton a Justicer of Cheshire in Queen Elizabeth's dayes for not exhibiting a judicial Concord with all the defects of the same but supplying or filling up what was worn out of the Authentical Original was fined for being over officious and therefore take them with their faults and all as followeth The berthe was that noe man that of the King huld ought In Chief or in eni Servise to Manling were throught Bote the wardenis of holy Chirch that brought him thereto The King lede or his Bailifes wat he had misdoe And loked verst were thei to amendment it bring And bote by wolde by their lebe doe the Manling And a grave f Radulphus de diceto sub Anno 11â—3 Author gives a good reason why the King must be inform'd before any of his Barons be excommunicated lest otherwise saith he the King not being certified thereof should out of ignorance unawares communicate with persons excommunicated when such Officers of His should come to kiss His hand be called to his Councel or come to perform any personal attendance about Him Hitherto we have seen how careful the Conqueror was in preserving His own right in Church-matters We will conclude all with the Syllogisme which the g L. Cooks Reports fift part de Jure Regis Ecclesiastico fol. 10. Oracle of the Common-Law frameth in this manner It is agreed that no man onely can make any appropriation of any Church having cure of souls being a thing Eccelesiastical and to be made to some person Ecclesiastical but he that hath Ecclesiastical Jurisdiction But William the first of himself without any other as King of England made appropriation of Churches with cure to Ecclesiastical persons as by many instances may appear Therefore it followeth that He had Ecclesiastical Jurisdiction And so much concerning King William's policy in doing justice to His own power Proceed we now to His bounty confirming old and conferring new favors upon the Church and Clergie 10. First whereas before his time the Sheriff and Bishop joyntly kept their Courts together especially at the two solemn times Bishops jurisdictions first severed from the Sheriffs about Easter and Michaelmas King William in favour of the Clergie assigned the Bishops an a See this cleared by Mr Selden in his notes on Ead. merus pag. 167. entire jurisdiction by themselves wherein they should have cognizance of all causes relating to Religion I say relating to Religion a latitude of a cheverel extension adequate almost to the minde of him that will stretch it out and few Ecclesiastical Judges would lofe what might be got by measuring Now formerly whilest the power of Sheriff and Bishop went hand in hand together in the same Court neither could much outstrip other but but since they were severed the Spiritual power far outwent its old mate improving his own by impairing the Secular Courts and henceforward the Canon-law took the firmer footing in England Date we from hence the squint-eies of the Clergie whose sight single before was hereafter divided with double looks betwixt two objects at once the Pope and the King to put him first whom they eyed most acting hereafter more by forrain then domestick interest 11. A learned pen makes a just complaint The contest betwixt Commen and Canon Law how onely to be reconciled that b Lord Bacen in his advancement of Learning pag. 463. Aphorisme 96. Courts which should distribute peace do themselves practice duels whilest it is counted the part of a resolute Judge to enlarge the priviledge of his Court A grievance most visible in contest betwixt the Common and the Canon Law which as if they were stars of so different an Horizon that the elevation of the one necessitated the depression of the other lie at catch and wait advantages one against another So that whilest both might continue in a convenient and healthful habitude if such envious corrivalitie were deposed now alternately those Courts swell to a tympany or waste to a consumption as their Judges finde themselves more or less strength'ned with power or befriended with favour A mischief not to be remedied till either that mutual consent or a predominant power to both impartially state their jurisdictions rightly seting down the land-marks thereof and binding their proceedings not to exceed their bounds which would both advance learning and expedite the execution of Justice 12. To return to King William King William his Charter to the Clergie As He conferred power on so he confirmed profit to the Clergie Witness his c See it at large in Mr. Selden of tythes cap. 8. pag. 225. Charter granting them thorowout England tythes of calves colts lambs milk butter cheese woods meadows mills c. Which Charter is concluded 't is the strong hem keeps all the cloth from reveling out Qui decimam detinuerit per justitiam Episcopi Regis si necesse fuerit ad redditionem d Others read it adigatur Let him be compelled â—rguatar Who shall detain his tythes by the power of the Bishop and King if need be let him be argued into the payment thereof And Kings arguments we know are unanswerable as aâ— authoritate carrying power and pehalties with them This Charter might seem to give the tenth loaf of all the bread in the land into the hands of the English Clergie But the municipal laws which were afterwards made did so chip and pare this loaf with their Modus decimandi that in many places Vicaridges especially a small shiver of bread fals to the share of the Minister not enough for his necessary maintenance 13. And here Two contrary characters of King William to make a short but needful digression I finde in eminent Writers two contrary characters of King William Some make him an arrand Tyrant ruling onely by the Magna Charta of his own will oppressing all English without cause
his plain Prayer which he immediately after made His Prayer whereby his Speech may be interpreted too long here to insert but set down at large in Mr. Fox and which speaketh him a true Protestant And if negative Arguments avail ought in this matter no superstitious crossing of himself no praying to Saints no desiring of prayers for him after his death c. may evidence him no Papist in the close of his life Indeed Anti-Cromwellists count this controversie of the Religion he died in not worth the deciding no Papists conceiving the gain great to get him on their side and some Protestants accounting the losse as little to part with him However this right ought to be done to his Memory in fixing it on its own principles and not mis-representing the same to posterity 28. Remarkable is that passage in his Speech Heaven is just in Barths injustice wherein he confesseth himself by Law condemned to die because a story dependeth thereupon Not long agoe an Act had passed in Parliament That one might be attainted of Treason by Bill in Parliament and consequently lose his life without any other legal triall or being ever brought to answer in his own defence The Lord Cromwell was very active in procuring this Law to passe insomuch that it is generally believed that the Arme and Hammer of all King Henry's Power could never have driven on this Act thorough both Houses had not Cromwell first wimbled an hole for the entrance thereof and politickly prepared a major part of Lords and Commons to accept the same For indeed otherwise it was accounted a Law injurious to the liberty which reason alloweth to all persons accused and which might cut out the tongue of Innocency it self depriving her of pleading in her own behalf Now behold the hand of Heaven It hapned that this Lord first felt the smart of this rod which be made for others and was accordingly condemned before ever he was heard to speak for himself Nec lex est justior ulla Quam necis artifices arte perire suâ Most just it is that they bad Laws who make Should themselves first of their own Laws partake Thus those who break down the banks and let in the stream of Arbitrary power be it into the hands of Prince or People are commonly the first themselves which without pity are drowned in the deluge thereof 29. Thus farre I have swome along with the winde and tide of all our English Historians Yet the Lord Cromwell by a great person acquitted herein in charging of Cromwell herein But I finde one * Sir Edward Coke Part 4. of Institut in Jurisdiction of Courts p. 37. Authour of strong credit such he needs to be who swims against the stream acquitting the said Lord deriving his intelligence from Sir Thomas Gawdie a grave Judge then living who acquainted him as followeth King Henry commanded the L. Cromwell to attend the Chief Justices and to know whether a man that was forth-coming might be attainted of high Treason by Parliament and never called to his answer The Judges answered That it was a dangerous question and that the high Court of Parliament ought to give examples to inferiour Courts for proceeding according to justice and no inferiour Court could doe the like and they thought the high Court of Parliament would never doe it But being by the expresse commandement of the King and pressed by the said Earl to give a direct answer they said That if he be attainted by Parliament it could not come in question afterwards whether he was called or not called to answer and the Act of Attainder being passed by Parliament did binde as they resolved The party against whom this was intended was never called in question but the first man after the said resolution that was so attainted and never called to answer was the said Earl of Essex whereupon that erroneous and vulgar opinion amongst our Historians grew That he died by the same Law which he himself had made 30. But His exemplary gratitude grant this Lord Cromwell faulty in this and some other actions in the main he will appear a worthy person and a great instrument of God's glory in the reforming of Religion and remarkable for many personal eminencies Commonly when men are as in a moment mounted from meannesse to much wealth and honour first they forget them selves and then all their old friends and acquaintance Whereas on the contrary here gratitude grew with his greatnesse and the Lord Cromwell conferred many a courtesie on the Children from whose Fathers Master Cromwell had formerly received favours As he was a good Servant to his Master so was he a good Master to his Servants and fore-seeing his own full which he might have foretold without the Spirit of Prophesie some half a year before he furnished his Men which had no other lively-hood to subsist by with Leases Pensions and Annuities whereby after his death they had a comfortable maintenance 31. One so faithfull to his Servants His care for his Children cannot be suspected for an Infidel in not providing for his family of his own children It was not therefore his ambition but providence that on the same day wherein he was created Earle of Essex he procured Gregory his Son which otherwise had been then but a Lord by courtesie to be actually made Baron Cromwell of Oke-ham Which honour because inherent in the Son was not forfeited on his Father's attainture but descends at this day on his Posterity 32. We will conclude his story with this remarkable instance of his humility An eminent instance of his humility Formerly there flourished a notable family of the b Camdens Brit. in Lincoln-shire Cromwells at Tattershall in Lincoln-shire especially since Sir Ralph Cromwell married the younger Sister and Coheir of William the last Lord Deincourt Now there wanted not some flattering Heraults excellent Chemists in Pedegrees to extract any thing from any thing who would have entituled this Lord Cromwell to the Armes of that antient Family extinct in the issue male thereof about the end of King Henry the sixt His answer unto them was That he would not weare another mans coat for fear the right owner thereof should pluck it off over his ears and preferred rather to take a new coate viz. * See Vincent in the Earles of Essex AZure Or a Fess inter three Lyons rampant Or a Rose Gules betwixt two Chaughes proper being somewhat of the fullest the Epidemical dissease of all Armes given in the Reign of Henry the eighth 33. After the execution of the Lord Cromwell Men of different judgment meeting at their death the Parliament still sitting a motly execution happened in Smithfield three Papists hanged by the Statute for denying the King's supremacy and as many Protestants burnt at the same time and place by vertue of the six Articles dying with more pain and no lesse patience Papists Protestants Edward Powell
in as well by the Duke of Northumberland on the one day as by the King on the other day Also it is to be considered the Kings commandment upon their allegiance by His own mouth and the Articles signed with His Highnesse own hand and also His Commission license and commandment under His Great Seal to the said Sr. Edward and others for the making of the said Booke Also the Kings pardon signed with His Highnesse hand Also it is to be considered that the said Books were made in the Kings life seaven or eight dayes before His death and the Queens Highnesse being Successour by Act of Parliament to the Crown and having the same as a Purchaser may not lawfully by the Laws of the Realme punish the said offence done in the Kings time Also the said Sr. Edward hath humbly submitted himself to the Queen Highnesse and to the order of the Commissioners Which Commissioners have ordered the said Sr. Edward to pay to Her Highnesse a thousand pounds who hath already paid thereof five hundred pounds and the other five hundred pounds are to be paid at the Feast of All-Saints come Twelve-moneth And also to surrender his letters Patents of lands to the yeerly value of fifty pounds called Eltyngton which he had of the gift of King Edward the Sixth which was all the reward he had of the said King Edward for his service costs and expences Also it is to be considered that the said Sr. Edward is put from his office of the Chief Justice-ship of the Common-Pleas being of the yeerly value of six hundred marks which office the most noble King of famous memorie King Henry the Eighth gave him in consideration of his long service and also had six weeks imprisonment Also it is to be considered that the same Sr. Edward hath seaventeen children viz. eleven Daughters and six Sons whereof one of the said Sons had his legge striken off by the knee in Scotland at Muscleborough-field the Duke of Sommerset being there And his Son and Heire by his commandment served the Queens Highnesse with twenty men to the cost of the said Sr. Edward of one hundred pounds as the Gentlemen of Buckingham-shire can report SO far the late Judge with his own hand Wherein he affirmeth that he medled not with the Councell in any thing afterward as may appear by his not subscribing the letter of the Lords to Queen Mary enjoying shall I say or advising Her to desist from claiming the Crown whereto all the Privie * See them exant in Mr. Fox Act. Mon-Anno 1553. Councellours subscribed onely the hand of Sr. Edward Mountagu is wanting And seeing in the whole transaction of this matter the obedience rather then invention of Judge Mountagu was required not to devise but draw things up according to Articles tendred unto him I cannot believe his * Sr. John Heywood in his Edward 6 report report relating that the King used the advise of Justice Mountagu in drawing up the Letters Patents to furnish the same with reasons of Law as Secretary Cicil with arguments from Policie 3. Some will wonder that no mention herein of Sr. Roger Cholmley Sr. R. Chomley comes off with losse Lord Chief Justice of the Kings Bench and in dignity above Sr. Edward Mountagu at this time but Judge of the Common-Pleas that he was not employed to draw up the Book But it seems Judge Mountagu his judgement was more relied on who had been formerly Lord Chief Justice of the Kings-Bench and deserted it Yet the said Sr. Roger Cholmley was imprisoned for bare subscribing this Will and as it seems lost his place for the same For Justice Bromley though equally guilty with the rest so far favour extends in matters of this nature was not onely pardoned but from an inferiour Judge * See Sr. H. Spelman Glossary in Justiciarius p. 417. Sr. Jam's Hales his honesty advanced to be successour to Sr. Roger Cholmly and made Judge of the Kings-Bench 4. Whereas Sr. Edward saith that all the Judges were sent for and that many put their hands to the Book it intimateth that all did not but that some refused the same it being eminently known to the everlasting honour of Sr. James Hales that no importunity could prevail with him to underwrite this will as against both law and conscience 5. Eight weeks and upwards passed between the proclaiming of Mary Queen Contest betwixt two Religions and the Parliament by her assembled during which time two religions were together set on foot Protestantisme and Poperie the former hoping to be continued the later labouring to be restored And as the Jews Children a Neh. 13. 24. after the captivity spake a middle language betwixt Hebrew and Ashdod so during the aforesaid interim the Churches and Chappels in England had mongrell celebration of their Divine services betwixt Reformation and Superstition For the Obsequies for King Edward were held by the Queen in the Tower August the seaventh Aug. 7. with the Dirige sung in Latin and on the morrow a masse of Requiem and on the same day his Corps were buried at Westminster with a sermon service and Communion in English No small iustling was there betwixt the zealous Promoters of these contrary Religions The Protestants had possession on their side and the Protection of the Laws lately made by King Edward and still standing in free and full force unrepealed Besides seeing by the fidelity of the Suffolk and Norfolke Protestant Gentry the Queen was much advantaged for the speedy recovering of her Right they conceived it but reason that as she by them had regained the Crown so they under her should enjoy their Consciences The Papists put their Ceremonies in Execution presuming on the Queen her private practice and publique countenance especially after she had imprisoned some Protestant and enlarged some Popish Bishops advancing Stephen Gardiner to be Lord Chancelour Many which were Newters before conceiving which side the Queen inclined would not expect but prevent her authority in Alteration So that Superstition generally got ground in the Kingdome Thus it is in the Evening Twi-light wherein light and darknesse at first may seem very equally matcht but the later within little time doth solely prevail 6. What impressions the Comming in of Queen Mary made on Cambridge Mr. Jewell pens the first Congratulatory letter to the Queen shall God willing be presented in our particular History thereof The sad and sudden alterations in Oxford thereby are now to be handled Ma. John Jewel was chosen to pen the first Gratulatorie Letter to the Queen in the Name of the Vniversity an office imposed on him by his enemies that either the refusall thereof should make him incurre danger from his foes or the performance expose him to the displeasure of his friends Yet he so warily penned the same in Generall termes that his Adversaries missed their marke Indeed all as yet were confident that the Queen would maintain the Protestant
c. illegally inflicting any other punishments Such Commissioners proceeding against Offender by Attachment Fine or Imprisonment are contrary to the express words of Carta Magna providing that no free man shall be taken or imprisoned or be disseised of his free hold and liberty and but by the lawful judgement of his Peers or of the Law of the Land Their whole Commission is void in Law because it beareth date in July but was not signed till November next after contrary to the Statute which enjoyneth that Letters patents should be dated the day of their delivery into Chancery or else they shall be void For the High Commission The words in the Statute run thus they shall have full power and authority by vertue of this Act and of the Letters patents under your Highness your Heirs and successors to Exercise Vse execute all the promises according to the Tenor and effect of the said Letters patents any matter or cause to the contrary in any wise notwithstanding Now their Letters patents inable them to Attach Fine or Imprison c. in doing whereof they are sufficiently impowered by the Commission When Carta Magna was made Ecclesiastical Jurisdiction though it was de jure it was not de facto in the King Whereby it plainly appears that those words related not to the Ecclesiastical Jurisdiction but only to Crimes belonging to the Common Law But since the Parliament hath declared Ecclesiastical Jurisdiction in the Queen the Ecclesiastical persons might impose such penalties even to the Condemning of Hereticks though never tri'd by a Jury It appeareth by the Preamble of that Statute that the words cannot be stretched to Letters patents of that nature but belong only to such to private persons wherein Grantees are unjustly expelled out of their right by colour of Letters patents bearing an elder date But the most general exception against the High Commission was this that proceeding ex officio mero by way of enquiry against such whom they pleased to suspect they tendered unto them an Oath which was conceived unjust that in Cases Criminal a party should be forced to discover what might be penal to himself The Lawfulness of which Oath was learnedly canvassed with Arguments on both sides Against the Oath ex Officio The Common Laws have ever rejected and impugned it never put in Ure by any civil Magistrate in the Land but as it is corruptly crept in amongst other abuses by the sinister practises and pretences of the Romish Prelates and Clergimen And where loss of Life Liberty or good Name may ensue the Common Law hath forbidden such Oath It is contrary to the Fundamental Law of Liberty Nemo tenetur seipsum prodere It appeareth by the Lord Dyer's Book that one Hynde called before the Commissioners Ecclesiastical for Vsury refused to swear whereupon he was committed But upon an Information in the Common pleas he had a Corpus cum causa to remove him so as it seemeth the Judges were then of Opinion that the Commissioners could not give him such an Oath Though such proceedings ex officio were practised by the Popish Prelates against the Saints and Servants of God Yet it was never used by Protestants in their Ecclesiastical Censures The Justice of the Land detesteth that the Judge should himself be an Accuser For by Law no man may be Accuser and Witness Inditer and Jurer therefore much less Judg Accuser which notwithstanding he is that tendereth the Oath ex Officio Even the Heathen Romans were so Christian that by antient custome no Vestal Virgin or * Gellius lib. 10 câ—p 15. Flamen of Jupiter was restrained to swear whereof * Plutarch problems 43. Plutarch rendreth three Reasons First because an Oath is a kinde of torture to a free man Secondly it is absurd in smaller matters not to credit their words who in higher matters touching God are believed Thirdly an Oath in case they were forsworne draweth a curse on them a detestable Omination towards the Priests of God And why may not as much be allowed to the true Ministers of the Gospel The Scripture which ought to be the Rule of our Actions affords neither precepts nor precedent of such proceedings where Witnesses were produced and the Accusers brought face to face William Tindal a worthy Martyr in his * Pag. 208. Comment on the fifth of Matthew saith plainly that a Judge ought not to compel a man to swear against himself No Protestant Church beyond the Seas hath made use of such tyrannical proceedings For the Oath ex Officio It is true To give this Oath to the Defendent in Causes of Life and Death is contrary to the Justice of the Land But where Life or Limbe is not concerned it is usually tendered in Chancery Court of Requests Councel of Marches and Councel in the North yea in other Courts of Record at Westminster where the Judges time out of minde by Corporal Oath did examine any person whom in discretion they suspected to have dealt lewdly about any Writ Returne entrie of Rule pleading or any such like Matter not being Capital It is granted But with all Proditus per deruntiationem Famam c. tenetur seipsum offendere Some faults are simply secret no way bruited or published abroad in which cases the person guilty is not bound to make Confession thereof though urged on his Oath to any Officer Civil or Ecclesiastical But if once discovery be made by Presentment Denunciation Fame c. according to Law then is not the fault meerly secret but revealed in some sort to the Magistrate or abroad who for avoiding Scandal to Christian Religion and Reformation of the Party may thus inquire of the Offence to see it redressed and punished There is no such report in the Lord Dyer all that is extant is only this Marginal Note upon Skroggs his case in Michaelmas Terme 18. of Elizabeth Simile M. 18. fol. per Hynde qui noluit jurare coram justiciariis Ecclesiasticis super Articulos pro usura Which seems added by some unskilful person it being improbable so learned a Judge would have termed the Commissioners Justiciarios Ecclesiasticos Besides this cause of Hynde can no where else be found Certain Commissioners whereof some Bishops some privie Councellers some Civilians and some Judges and Common Lawyers in the Reign of K. Edward the sixth charged BP Bonner with a corporal Oath * For Act Mon. sol 1512. ex Officio to answer to questions ministred unto him and for resusal he was pronounced * For Acts Mon. sol 1516. contumacious The like Oath in matter criminal and Penal was tendered to * For Acts Mon. sol 1536. Stephen Gardener at appeareth by the sentence of his deprivation of the Bishoprick of Winchester The Laws Civil and Ecclesiastical hold not the Judge proceeding of office to be an Accuser but that whereupon the Enquiry is grounded to represent the Accusation By the granting of this peculiar priviledge to these
eies are waking let such who all the foregoing week had their Cheeks moistned with sweat and hands hardened with labor let such have some recreation on the Lordsday indulged unto them whilst persons of quality who may be said to keep Sabbath all the week long I mean who rest from hard labor are concerned in conscience to observe the Lords-day with the greater abstinence from recreations Anno Dom. 34. Pass we now from the pen Troubles begâ—n in Somerset-shire to the practicall part of the Sabbatarian difference Somerset-shire was the stage whereon the first and fiercest Scene thereof was acted Here Wakes much different I dare say from the watching prescribed by our Saviour were kept on thâ— Lords day with Church-Ales Bid-Ales and Clerks-Ales If the Reader know not the criticall meaning and difference of these words I list not to be the interpreter and his ignorance herein neither is any disgrace nor can be any damage unto him The Gentry of that County perceiving such revells the cause of many and occasion of moe misdemeanors many acts of wantonness bearing their dates from such meetings importuned Sr. Thomas Richardson Lord Chief Justice and Baron Denham then Judges riding the Western circuit in the Lent-vacation to make a severe Order for the suppressing of all Ales and Revells on the Lords-day 35. In complyance with their desire March 19 Judg Richardsons order against Lords-day Revells the aforesaid Judges made an order on the 19. day of March founded on former precedents signed by Judge Popeham Lord Chief Justice in the latter end of Queen Elizabeth her Reign therein suppressing such Revells in regard of the infinite number of inconveniences daily arising by means thereof injoyning the Constables to deliver a copie thereof to the Minister of every Parish who on the first Sunday in February and likewise the two first Sundays before Easter was to publish the same every yeare 36. The Archbishop of Canterbury beheld this as an usurpation on Ecclesiasticall Jurisdiction Which he would not revoke and complained of the Judges to his Majesty procuring a Commission to Bishop Pierce and other Divines to enquire into the manner of publishing this Order and the Chief Justice his cariage in this business Notwithstanding all which the next Assise Judge Richardson gave another strict charge against these Revels required an account of the publication and execution of the aforesaid Order punishing some persons for the breach thereof After whose return to London the Archbishop sent for him and commanded him to revoke his former Order as he would answer the contrary at his peril telling him it was his Majesties pleasure he should reverse it The Judge alledged it done at the request of the Justices of the Peace in the County with the generall consent of the whole Bench on the view of ancient precedents in that kinde 1634 However the next Assise he revoked his Order with this limitation as much as in him lay At what time also the Justices of the Peace in Somerset shire who in birth brains spirit and estate were inferiour to no County in England drew up an humble petition to his Majesty for the suppressing of the aforesaid unlawfull assemblies concurring with the Lord Chief Justice therein sending it up by the hand of the Custos Rotulorum to deliver it to the Earle of Pembroke Lord Lieutenant of their County to present it to his Majesty 37. Just in this juncture of time a Declaration for sports The Kings Declaration set forth the fifteenth of King James was revived and enlarged For his Majesty being troubled with petitions on both sides thought good to follow his Fathers royal example upon the like occasion in Lancashire and we refer the Reader to what we have writen * See the 15. of K. James before for arguments pro and con about the lawfulnesse of publique reading thereof 38. It was charged at his triall The Archbishop excuseth himself on the Archbishop of Canterbury that he had caused the reviving and enlarging of this Declaration strong presumptions being urged for the proof thereof He denied it yet professing his judgment for recreations on that day alledging the practice of the Church of Geneva allowing shooting in long Bowes c. thereon Adding also that though indulging liberty to others in his own person he strictly observed that day Anno Dom. 1634 Anno Regis Caroli 10 A self-praise or rather self-purging because spoken on his life which seem'd uttered without pride and with truth and was not cleerly confuted Indeed they are the best carvers of libertie on that day who cut most for others and leave least for themselves 39. However No injunction to the Ministers there was no express in this Declaration that the Minister of the Parish should be pressed to the publishing Many counted it no Ministers work and more proper for the place of the Constable or Tithing-man to perform it Must they who were if not worst able most unfitting hold the Candle to lighten and let in licentiousnesse But because the Judges had enjoyned the Ministers to read their order in the Church the Kings Declaration was inforced by the Bishops to be published by them in the same place 40. As for such whose consciences reluctated to publish the Declaration Yet some silenced for refusall to read the book various were their evasions Some left it to their Curats to read Nor was this the plucking out of a thorn from their own to put it in another Mans conscience seeing their Curats were perswaded of the lawfulnesse thereof Others read it indeed themselves but presently after read the fourth Commandement And was this fair play setting God and their King as they conceived at odds that so they themselves might escape in the fray Others point-blanck refused the reading thereof for which some of them were suspended ab officio beneficio some deprived and moe molested in the High Commission it being questionable whether their sufferings procured more pity to them or more hatred to the causers thereof 41. All Bishops urged not the reading of the Book with rigour alike Moderation of some Bishopâ— therein nor punished the refusall with equall severity I hear the loudest longest and thickest complaints come from the Diocess of Norwich and of Bath and Wells I knew a Bishop in the West to whom I stood related in kindred and service who being pressed by some to return the names of such as refused to read the Book to the Archbishop of Canterbury utterly denied and his words to me were these I will never turn an accuser of my Brethren there be enough in the World to take that office As for the Archbishop of Canterbury much was his moderation in his own Diocess silencing but three in whom also a concurrence of other non-conformities through the whole extent thereof But oh The necessity of the generall day of Judgment wherein all Mens actions shall be expounded
make the said Marquess Earl of Cambridge before John Earl of Hanault was graced with the Title All agree that both were Earls thereof and the transposition of them is no whit materiall to our History of the University 53. Mary de Saint Paul daughter to Guido Castillion Earle of Saint Paul in France 18 third wife to Audomare de Valentia Earle of Pembroke 1343 maide wife Mary de S P. founds Pembrook Hall and widow all in a day her husband being unhappily stain at a tilting at her nuptials sequestred herself on that sad accident from all worldly delights bequeathed her soul to God and her estate to pious uses amongst which this a principall that she founded in Cambridge the Colledge of Mary de Valentia commonly called Pembroke Hall She survived the death of her husband forty two yeares and died full of dayes and good deeds A hall afterwards much augmented by the benefaction of others Masters Benefactors Bishops Learned Writers Coll. Livings 1. Tho. de Bingham 2 Robert de Thorp 3 Rich de Morris 4 John Tinmew 5 John Sudbury 6 John Langton 7 Hugh Dainlet 8 Laurence Booth 9 Tho. Rotheram 10 George Fitzbugh 11 Roger Leyburne 12 Rich. Fox 13 Robert Shirton 14 Rob. Swinburne 15 George Folburie 16 Nich. Ridley 17 John Young 18 Edmond Grindall 19 Matth. Hutton 20 John Whitgift 21 John Young 22 Wil. Fulk 23 Lanc. Andrews 24 Sam. Harsenet 25 Nich. Felton 26 Jerom Beale 27 Benjamin Laney 28 Rich. Vines 29 Sidrach Simson 1 Henry the sixth 2 Edward Story 3 Gerhard Shipwith 4 Nicholas 5 Dr. Atkinson 6 William Hussy Knight 7 Charles Booth 8 Roger Strange Knight 9 Dr. Wats 10 Wil. Marshall 11 Will. Smart 12 Alice 13 Jane Cox Widow 14 John Langton 15 Laur. Booth 16 Thomas Scot alià s Rotheram 17 Rich. Fox 18 Dr. Shorton 19 Edmond Grindall 20 John Whitgift 21 Will. Fulk 22 Lancelot Andrews 1 Will. Bottlesham Rot. 2 Will. Linwoode S. Da. 3 John Langton St. Da. 4 Laur. * Charles Booth Bishop of Hereford ought to be inserted in this Catalogue bred in Benefactor to this Hall Booth York 5 Tho Rotheram York 6 Edward Story Cich 7 Tho. Langton Wint. 8 Rich. Foxe Wint. 9 Will. Smith Linc. 10 Rog. Layburne Car. 11 Nich. Ridley Lon. 12 John Christopherson Chichester 13 Edmond Grindall Cant. 14 John Young Rot. 15 Matth. Hutton York 16 John Whitgift Cant. 17 Tho. Dove Peterb 18 Joh. Bridges Oxford 19 Lancelot Andrews Winton 20 Sam. Harsenet York 21 Theophilus Field St. Dav. 22 Nich. Felton Ely 23 Matth. Wren Ely 14 Rog. Dod 25 Randolph Barlow Bishops in Ireland 1 Wil. Linwoode famous for his writing the Provincial constitutions of Canterbury 2 John Somerset Dr. of Physick to King Henry the sixth 3 John * See more of him hereafter viz an 1525. Thix stille whose 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 carried it in â—y Schools 4 John Rogers the first 5 Nicholas Ridley the most learned 6 John Bradford the hardiest Martyr under Queen Mary 7 Will. Fulke who so learnedly confuted the Rhemish Testament Not to repeat these many worthy Bishops besides many other Writers since unknown unto me 8 Edmund Spencer prime of English Poets Tilney Vic. in Norv Dioc. valued at 30 l. Soham Vic. in Norv Dioc. valued 32 l. 16 s. Overton R. in Linc. Dioc. valued Saxthorp Vic. in Norv Dioc. valued 4 l. 13 s. 4 d. Rawreth R. in Lond. Dioc. valued 20 l. 13 s. 4 d. Waresley Vic. in Linc. Dioc Wherein there is at this present a Master nineteen Fellows one Tanquam thirty three Scholars of the house besides officers and servants of the foundation with other Students the whole number being 100. 54. The aforesaid Mary de Valentia founded also Denny Abbey nigh Cambridge And Denny Abbey richly endowed and filled it with Nuns whom she removed from Water-Beach She enjoyed also her Fellows of Pembrook Hall to visit those Nuns and give them ghostly counsel on just occasion who may be presumed having not only a fair invitation but full injunction that they were not wanting both in their courteous and conscientious addresses unto them 54. Amongst the ancient plate of this Hall Two remarkeable peeces of Plate two peeces are most remarkable Anno Dom. 1343 one silver and gilt Anno Regis Edw. 3. 18 of the Foundresses produced on Festivals who being of French extraction was much devoted to their tutelar Saint witness this inscription as I remember it Saint Dionyse is my deer Wherefore be merry and make good cheer The other very like the former weighing 67 ounces the gift of Thomas Langton Bishop of Winton with this insculption Thomas Langton Winton Episcopus Aulae Pembrochianae olim socius dedit hanctassiam coopertam eidem Aulae 1497. Qui alienaret Anathema sit 55. King Henry the sixth was so great a favorer of this House An invidious Elogie of this Hall that it was termed his adopted Daughter Kings Coll. onely being accounted his naturall sonne and great were his benefactions bestowed thereon But above all we take notice of that passage in his Charter granting repeated in another of King Edwards confirming lands to this House Notabile insigne quà m pretiosum Collegium quod inter omniae loca Universitatis prout certitudinaliter informamur mirabiliter splendit sempter resplenduit Now although it is frequent for inferiors to flatter their superiors it is seldome seen that Subjects are praised by their Soveraigns without due cause as this doth appear true to such who seriously peruse our foregoing Catalogue And though the commendation in the Kings Charter be confined to Cambridge yet may it be extended to any Colledge in Christendom of the same proportion for Students therein I say as the * 2 Cor. 8. 14. Apostle in another kinde that there may be an equality let Prembroke Hall be compared with any foundation in Europe not exceeding it in bigness time and number of Members and it will acquit it self not conquered in all learned and liberal capacities 56. Amongst the Masters of this Hall Rob. Thorp Lord Chancellor Robert de Thorp the second in number was in the thirtieth year of King * Spelman Glos pag. 417. Edward the third Lord chief Justice of the Common-Pleas which place he held thirteen years till 1371 when he was made Lord Chancellor of England His Executors anno 1375 gave fourty marks apiece to every Colledge in Cambridge then eight in number out of his own estate who in his life time began the publique-Schools as we shall shew hereafter 57. Amidst the Benefactors A Greek and gratefull Scholar Thomas Watts Doctor of Divinity and Archdeacon of Middlesex gave certain Farmes in Ashwell and Sauston for the maintenance of 7 Scholars by the name of Greek-Scholars Lancelot Andrews was one of his foundation Who at this day is neither indebted to this House in general to which he gave besides plate three hundred folio-books c. one thousand
where suddenly drawing out their Seaxes concealed under their long Coats being crooked Swords the Emblem of their indirect Proceedings they made their innocent Guests with their bloud pay the Shots of their Entertainment Here Aurelius Ambrosius is reported to have erected that Monument of Stone-Henge to their mentory 26. It is contrived in form of a Crown Anno Dom. 463 consisting of three Circles of stones set up Gate-wise The description of Stone-henge some called Corse-stones of a Camden's Britann in Wiltshire 12 Tunne others called Cronets of 7 Tuns weight those haply for greater and these for inferiour Officers and one Stone at distance seems to stand Sentinel for the rest It seems equally impossible that they were bred here or brought hither seeing no navigable water near such voluminous bulks are unmanageable in Cart or Wagon As for the Tale of Merlin's conjuring them by Magick out of Ireland and bringing them aloft in the Skies what in Charles VVain 't is too ridiculous to be confuted This hath put Learned men on necessity to conceive them artificall Stones consolidated of Sand. Stand they there in Defiance of Wind Weather which hath discomposed the method of them which if made of any Pretious matter a Bait to tempt Avarice no doubt long since had been indited of Superstition whereas now they are protected by their own Weight Worthlesness 27. Vortiger the British King fled into VVales 466 to his Castle Genereu Vortiger burning in lust burnt to ashes impregnable for Situation which he mann'd and woman'd conveying a multitude of his Whores into it and there lived surfeiting in Lust while his Land lay sweltering in Bloud Here Aurelius Ambrosius setting fire on his Castle burnt him and his to Ashes This gave occasion to the Report so constantly affirmed by many Authours and men are prone to believe Prodigious Deaths of such as led Licentious Lives that Vortiger's Palace like another Sodom was burnt by Fire from Heaven Indeed in a secondary sense it was true as all Exemplary Punishments more visibly proceed from Divine Vengeance But otherwise the first Raisers of this Fable did apparent Wrong to the Attribute of Gods Truth in pretending to do extraordinary Right unto his Justice 28. This Aurelius Ambrosius is said to be extracted of the Roman Race Aurelius causelesly slandred by an Italian who having done this Execution on Vortiger the Tyrant was a singular Champion of the British against their Enemies One composed of Valour and Religion wholly imploying himself in time of Peace to raise new Churches repair old and endow both unworthy therefore the Libell of an b Gotefrid Viterbiensis Chro. part 18. Italian Author who on no other Evidence then his own bare Assertion traduceth this Ambrosius to have been a favourer of Iudaisme Arrianisme Manicheisme and a Persecuter of the Professours of true Religion Thus the greatest Vertue is Sanctuary too small to secure any from the pursuit of Slanderous Pens and thus some humorous Authors leaving the Road of true Reports because common go a Way by themselves of different Relation so to entitle themselves to more immediate and peculiar Intelligence as if others being onely of Truth 's Councell had not received such private Instructions as themselves being Cabinet-Historians 29. Leave we this Ambrosius bickering with the Saxons The Academy of Learned men under Dubritius with interchange of Successe much commended for his Constancy in all Conditions For sometimes his Valour was the Hammer upon sometimes his Patience was the Anvil beneath his Enemies but alwayes he bravely bare up his Spirits and as the Sun looks biggest on the Earth when he is nearest to set so he carried it out with the boldest appearance in the lowest Declination of his Fortune If we behold the Church in his time the most visible estate thereof presents it self to us in the Academy which Dubritius kept near the River Wye in Monmouthshire His Father say c Iohan. Tinmuthensis in ejus vita some was unknown others make him to be son to d Chro. colleg Warwicensis Pepiau a Petty King in this Age it being observable that in this and the next Century all men eminent for Learning and Religion are either made without known Fathers or Sons to Kings no Mean betwixt these Extremes as by many instances may appear so that such as consider the Narrownesse of the Principality will admire at the Number of British Princes This Dubritius taught many Scholars for seven yeares together in Humane Divine Learning being Himself in his Life a Book of Piety of the best Edition for his Pupils to peruse amongst whom the chiefest Theliau Sampson Vbelin Merchiguin Elguored c. for the Reader had better believe then read the e Vid. Armach de Brit. Ecc. primord pag. 445. Names of the rest remarkable onely for Length and Hardnesse without any other Information Afterward Dubritius removed to Warwick haply mistaken for a Vid. Speed's map of that County Werwick Ann. Dom. 469 a Village some two miles from Cardigan and from thence it seemes returned to Moch-Rhos that is the Place of a Hog because he was admonished in a Vision in his Sleep there to build a Chappel or Oratory where he should find a white b Vid. Armach ut prius Sow lodging with the Hogs a clean Conceit and as full of Wit as Devotion It seems the Friar Father of this Fable had read as farre as the eighth Book of Virgil's Aeueids where the River Tiber in a Dream advised Aeneas to erect an Altar and sacrifice to Iuno in the place where he should find the Sow lying with the Pigs and from this Pagan Hint was advantaged for a Popish Legend 30. Here we cannot but renew our former Complaint Forged lies obtruded on posterity in heu of lost truths and it is some Mitigation to our Misery as perchance some Ease to the Reader if we can but vent our old Grievances in new Expressions how in stead of true History devoured by Time prodigious Tales of impudent brazen-fac'd Monks are obtruded upon us Thus when the Golden Shields of King Solomon were taken away c 1 Kings 14. 27. Rehoboam substituted Shields of Brasse in their room though not so Good perchance more Gawdy especially to ignorant eyes viewing them at distance and wanting either the Skill or Opportunity to bring them to the Touch. Amongst which the Tale of Cungarus the Eremite otherwise called Docâ—wyn but first let the one Man be allowed before his two Names be admitted may challenge a principall place being reported Son of a Constantinopolitan Emperour and d Joh. Capgrave in vita S. Cungari Luciria his Empresse A Name un-owned by any Grecian Historians The best is that unconscionable Liars though they most hurt themselves do the least harm others whose Loud Ones are both the Poison the Antidote seeing no Wise man will believe them Small Griet and Gravell may
roundly told him of his notorious Incontinency proving both by Scripture and Reason the Hainousnesse of that Sin and heavy Iudgements of God upon it In fine Anno Dom. 735 this wrought so farre on the King 's good Nature that he not onely reformed himself but with Cuthbert Arch-bishop of Canterbury called a solemn Synod at Cloves-Ho or Clives-at-Ho for the Reformation of others 21. But where this Cloves-Ho should be Cliff in Kent probably the ancient Cloves Ho. Authours make much Inquiry It is generally conceived the same with Cliff near Gravesend in Kent Though a learned a Camden's Brit. in Kent Authour will hardly consent thereunto and his Intimations to the contrary are of no great Validity For whereas he alledgeth that this Cliff is in Kent whilest Ethelbald who called this Synod was King of Mercia He minded not mean time what no doubt he knew well that this Ethelbald is stiled in the b Extant in S t. Henry Spelman's Councils pag. 233. Letter of Boniface Arch-bishop of Ments unto him Inclyta Anglorum Imperii sceptra gubernans Ruling the famous Sceptre of the English Empire And whereas he objecteth the Site of that place inconvenient for such an Assembly It seems fit enough though confessed dirty in Winter and unhealthy at all times for the Vicinity thereof to London and Canterbury the residing places of the King and Arch-bishop the two Persons in this Synod most concerned Nor doth the modern Meanness of the place make any thing against it it might be a Gallant in that Age which is a Beggar now-a-dayes And though we confesse there be many Cliffs in the In-land Shires properly belonging to Mercia yet the addition of Ho or Haw speaketh the maritime positure thereof So that Clives-Ho c Plimmouth Haw See Speed his Survey of London the meaning of Haw The chief Canons of this Synod or Haw seems to be a Cliff near the Sea well agreeing to the Situation of Cliff in Kent aforesaid 22. But the Acts of this Synod are more certain then the Place thereof being generally accounted one and thirty Canons although some small Variation in their Number and Order all extant at large in d De Gestis Pont. lib. 1. in Cuthberto Malmesbury and of which we take notice of these four as of most Concernment 1. That the Priests e Discant doceant Malmesbury learn and teach to know the Creed Lords Prayer and words of Consecration in the Masse or Eucharist in the English tongue It seems Learning then ran low that the Priests themselves had need to learn them yet Ignorance was not then so high but that the people were permitted to be taught them 2. That the Lords Day be honourably observed We understand it not so as if the Sanctity of that Day depended onely upon Ecclesiasticall Constitutions or that the Command thereof in Scripture is so infirm in point of right to oblige mens Consciences that it needs the title of mans Power ad corroborandum Onely Humane Authority was here cast in as over-weight for the better Observation of the day Carnalmen being more affected and affrighted with Corporal Penalties of mans inflicting as nearer unto them then with Eternal Punishments which Divine Iustice at distance denounceth against them 3. That the sin of Drunkennesse be avoided especially in the Clergy Indeed it was high-high-time to suppresse that Sin which was grown so rife that as Boniface Arch-bishop of Ments doth observe in his Letter to f Extant in S t. Henry Spelman's Councils p. 241. Cuthbert Arch-bishop of Canterbury the English Bishops were so farre from punishing it that they were guilty of the same Moreover he addeth Ebrietas speciale malum nostrae Gentis hoc nec Franci nec Galli nec Longobardi nec Romani nec Graeci faciunt Drunkennesse is a speciall Evill of our Nation namely of the Saxons of which Country this Boniface was a Native for neither Franks nor Gauls nor Lombards nor Romans nor Greeks understand him anciently for we know the modern Proverb of a merry Greek are guilty thereof 4. That Prayers be publickly made for Kings and Princes An excellent Canon indeed because Canonicall Scripture and long before made by g 1 Tim. 2. 1. S t. Paul himself I exhort therefore that Supplications be made for all men for Kings c. This Synod being finished Anno Dom. 747 with the Royall Assent all the Bishops their Subscriptions thereunto Cuthbert Arch-bishop of Canterbury with wonderfull Celerity returned the Canons concluded therein by Rinebert his Deacon to Boniface Arch-bishop of Ments who was affected with great Joy at the sight thereof 23. At this time flourished Egbert Arch-bishop of York Egbert Arch-bishop of York famous in severall respects famous in his Generation for First his Royall Extraction being Brother to Eadbert King of Northumberland both of them lovingly lying buried together in the Porch of the Church of York For in that Age the greatest Princes and Prelates their Corpses came no nearer then the Church-Porch and as I may say onely knocked at the Church-Doors though in after-Ages the Bodies of Meaner persons were admitted into the Church and buried therein Secondly for his procuring the Archiepiscopal Pall to his See For after the Departure or rather the Banishment of Paulinus from York his Successours were content with the plain Title of Bishop untill this Egbert to do something extraordinary proportionable to his Princely Extraction procured the Restitution of his Pall which ipso facto re-advanced his Church into an Arch-bishoprick Thirdly for furnishing the same with a plentifull Library highly commended by Alcuinus in his Epistle to Charles the Great wishing France had the like which though exceeding England in Paper till of late years ever came short of it in Books Fourthly 750 for his Canons for the regulating of his Province Whereof one sort is called Egbert his a At large in S t. Henry Spelman's Councils pag. 258. The beastly Canons of Egbert Excerptions out of Fathers and is generally good the other intituled Canons for the remedie of Sin and are fraught with abundance of abominable Beastlinesse and Superstition 24. I will give the Reader onely a Taste or rather a Distasie of these Canons by which he may guesse the rest If a Lay-man hath carnal knowledge of a Nun let him doe Penance for two yeares c. she three If a Child be begotten betwixt them then four yeares if they kill it then seven yeares b See Sr. Hen. Spelman's Councils pag. 282. Penance Penance also is provided for Bestiality and Sodomie in the same Canons Thus where God in Scripture denounceth Death c Gen. 9. 6. Whoso sheddeth mans Bloud by man shall his bloud be shed they now changed it into Penance and in after-Ages commuted that Penance into Money so by degrees making the word of God of none effect by their paltry Canons See we here also how forced Virginity was the Mother
is a great deal when it must be taken from a new-shorne sheep so pilled and polled were all people before with constant exactions Such whom his hard usage forced beyond the seas were recalled by his Proclamation So that his heavy leavies would not suffer them to live here and his hard Laws would not permit them to depart hence And when the Clergy complain'd unto him to be eased of their burdens I beseech you said he have ye not coffins of gold and silver for dead mens bones intimating that the same treasure might otherwise be better imployed 36. The streams of discord began now to swell high variance between the King and Anselme betwixt the King and Arch-Bishop Anselme flowing principally from this occasion At this time there were two Popes together so that the Eagle with two heads the Arms of the Empire might now as properly have fitted the Papacy for the present Of these the one Guibertus I may call the Lay-Pope because made by Henry the Emperor the other Vrban the Clergy-Pope chosen by the Conclave of Cardinals Now because like unto like King William sided with the former whilest Anselme as earnestly adhered to Vrban in his affections desiring to receive his Pall from him which the King resused to permit Hereupon Anselme appealed to his Pope whereat King William was highly offended 37. But Their several pleadings and present reconcilement because none are able so emphatically to tell their stories and plead their causes as themselves take them in them in their own words The King Objected The custome from my Father's time hath been in England that no person should appeal to the Pope without the Kings license He that breaketh the customs of my Realm violateth the power and Crown of my Kingdom He that violateth and taketh away my Crown is a Traytor and enemy against me Anselme Answered The Lord hath discussed this question Give unto Cesar the things that are Cesars and unto God the things that are Gods In such things as belong to the terrene dignities of temporal Princes I will pay my obedience but Christ said Thou art Peter and upon this rock I will build my Church c. Whose Vicar he ought to obey in spiritual matters and the fetching of his Pall was of that nature At last an expedient was found out that Anselme should not want his Pall nor fetch it himself from Rome being by the King's consent brought to him by Gualter Pope Urban's Legate whom the King at last was fain to acknowledg and so all things for the present reconciled 38. But the wound betwixt them was rather skinned over They disagree again then perfectly healed and afterwards brake out again the King taking occasion of displeasure at Anselmes backwardness to assist him in his expedition into Wales Whereupon Anselme desired a second journey to Rome there to bemoan and probably to relieve himself by complaint to the Pope But the King stopt his voyage affirming that Anselme had led so pious a life he need crave no absolution at Rome and was so well stored with learning that he needed not to borrow any counsel there Yea said the King Vrban had rather give place to the wisdom of Anselme then Anselme have need of Urban In fine after much contesting Anselme secretly stole out of the Realm and the King seized all his goods and lands into his own coffers Three years was he in exile somtimes at Lions sometimes at Rome welcome wheresoever he came and very serviceable to the Church by his pious living painfull preaching learned writing and solid disputing especially in the general Councel of Bar where he was very useful in confuting and condemning the errours of the Greek-Church about the Procession of the Holy Spirit 39. King Rufus was a hunting in New-Forest 14. Aug. 2. which was made by King William 1100 his Father King Rufus his death not so much out of pleasure or love of the game as policy to clear and secure to himself a fair and large landing-place for his forces out of Normandy if occasion did require Here then was a great devastation of Towns and Temples the place being turned into a wilderness for Men to make a Paradise for Deer God seemed displeased hereat for amongst other Tragedies of the Conquerors family acted in this place Rufus was here slain by the glancing of an arrow shot by S r Walter Tirrel An unhappy name to the Kings of England this man casually and another wilfully S r James Tirrel employed in the murthering of King Edward the fifth having their hands in royal bloud Now it is seasonably remembred that some yeers since this King William had a desperate disease whereof he made but bad use after his recovery and therefore now Divine Justice would not the second time send him the summons of a solemn visitation by sickness but even surprized him by a sudden and unexpected death 40. Thus died King William Rufus His hurial and character leaving no issue and was buried faith my a John Bromton pag. 997. Author at Winchester multorum Procerum conventu paucorum verò planctu many Noble-men meeting but few mourning at his funerals Yet some who grieved not for his death grieved at the manner thereof and of all mourners Anselme though in exile in France expressed most cordial sorrow at the news of his death A valiant and prosperous Prince but condemn'd by Historians for covetousness cruelty and wantonness though no woman by name is mentioned for his Concubine probably because thrifty in his lust with mean and obscure persons But let it be taken into serious consideration that no pen hath originally written the life of this King but what was made by a Monkish pen-knife and no wonder if his picture seem bad which was drawn by his enemy And he may be supposed to fare the worse for his opposition to the Romish usurpation having this good quality to suffer none but himself to abuse his Subjects stoutly resisting all payments of the Popes imposing Yea as great an enemy as he was conceiv'd to the Church he gave to the Monks called De Charitate the great new Church of S t Saviours in Bermondsey with the Manor thereof as also of Charlton in Kent 41. Henry Beauclarke Henry the first succeedeth Rufus and is crowned his brother succeeded him in the Throne one that crossed the common Proverb The greatest Clerks are not the wisest men being one of the most profoundest Scholars and most politick Princes in his generation He was Crowned about four dayes after his brothers death Anno Dom. 1100. At that time Anno Regis Hen. 1. the present providing of good swords was accounted more essential to a Kings Coronation then the long preparing of gay clothes Such preparatory pomp as was used in after-ages at this Ceremony was now conceived not onely useless but dangerous speed being safest to supply the vacancy of the Throne To ingratiate himself to
command all to abstain from meats This were the way to empty the world of men as the simple forbidding of marriage would fill it with bastards And although some silly Hereticks as Tatian Marcion and Manichens are said absolutely to forbid marriage yet they never mounted high nor spread broad nor lasted long Surely some more considerable mark is the aim of the Apostles reproof even the Church of Rome who by an oblique line and consequentially prohibit marriage to the Priests a most considerable proportion of men within the pale of the Church 16. Notwithstanding the premisses Marriage Bed may be â—orborn for a time not totally forbidden it is fit that the embraces of marriage should on some occasion for a time be forborn for the advance of Piety first when private dalliance is to yield to publick dolefulness b Joel 2. 11. Let the Bridegroom go out of his chamber and the Bride out of her closet For though by the Levitical Law one might not be forced to fight in the first year of his marriage yet might he on just occasion be pressed to fast on the first day thereof It is not said Let the Bridegroom go out of his Bridegroom-ship but onely out of his Chamber and that also with intention to return when the solemnity of sorrow is over-past Secondly when such absence is bewixt them mutually agreed on c 1 Cor. 7. Desraud ye not one another except it be with consent for a time that ye may give your selves to fasting and prayer and come together again that Satan tempt you not for your incontinency Here indeed is an Interdiction of the marriage Bed but it is Voluntary by mutual consent of the parties and Temporary onely durante eorum beneplacito not as the Popish Prohibition Impulsive by the power of others and perpetual to continue during their lives 17. Hear what Henry of Huntington expresly saith of Anselmes carriage herein H. Huntington his Censure of Anselme He prohibited English Priests to have wives who before time were not prohibited which as some thought to be a matter of greatest purity so others again took it to be most perilous lest while by this means they aimed at cleanliness above their power Anno Regis Hen. 19. they should fall into horrible uncleanness Anno Dom. 1108 to the exceeding great shame of Christianity 18. But Anselme died before he could finish his project of Priests Divorces who had he deceased before he began it Anselme dieth re infecta of Priests Divor his memory had been left less stain'd to Posterity His two next Successors Rodulphus and William Corbel went on vigorously with the Design but met with many and great Obstructions Other Bishops found the like opposition but chiefly the Bishop of Norwich whose obstinate Clergie would keep their Wives in defiance of his endeavours against them 19. Indeed Norfolk-men are charactred in jure municipali versatissimi The sloutness of Norwich Clergy and are not easily ejected out of that whereof they had long prescription and present possession No wonder therefore if they stickled for their Wives and would not let go a moytie of themselves Besides Herbet Losing of Norwich needed not to be so fierce and furious against them if remembring his own extraction being the Son of an Abbot These married Priests traversed their cause with Scripture and Reason and desired but Justice to be done unto them But Justice made more use of her sword then of her Ballance in this case not weighing their Arguments but peremptorily and powerfully enjoyning them to forgo their Wives notwithstanding that there were in England at this time many married Priests signal for Sanctity and Abilities 20. Amongst the many eminent married Priests Learned married Ealphegus flourishing for Learning and Piety 26. one Ealphegus was now living 1125. or but newly dead His Residence was at Plymouth in Devonshire a Brit. in Devon M r Cambden saith he was eruditus conjugatus but the Word conjugatus is by the b Printed Anno 1612. pag. 3. 383. Index Expurgatorius commanded to be deleted 21. To order the Refractory married Clergie A Virgin Lecher unmasked the Bishops were fain to call in the aid of the Pope John de Crema an Italian Cardinal jolly with his youthfull Bloud and Gallant Equipage came over into England with his Bigness and Bravery to Bluster the Clergie out of their wives He made a most Gawdy Oration in the Commendation of Virginity as one who in his Own Person knew well how to valew such a Jewel by the loss thereof Most true it is that the same night at London he was caught a Bed with an c Roger Hoveden and Han. Huntington Harlot whereat he may be presumed to blush as red as his Cardinals Hat if any remorse of Conscience remained in him What saith d Judg. 5. 6. Deborach In the dayes of Shamgar when the high-wayes were unimployed obstructed by the Philistims travellers walked thorow by-paths The stopping the Way of marriage Gods Ordinances make them frequent such base by-paths that my Pen is both afraid and asham'd to follow them Cardinal Crema his mischance or rather misdeed not a little advantaged the Reputation of married Priests 22. Bishops Arch-Bishops Priests buy their own Wives and Cardinal 27. all of them almost tired out with the stubbornness of the Recusant Clergie 1126. the King at last took his turn to reduce them William Corbel Arch-Bishop of Canterbury willingly resigned the work into the Kings hand hoping he would use some Exemplary severity against them but all ended in a money matter the King taking a Fine of married Priests permitted them to enjoy their Wives as well they might who bought that which was their own before 23. About this time the old Abby of Ely was advanced into a new Bishoprick Ely-Abbey made a Bishoprick and Cambridg-shire assigned for its Diocess taken from the Bishoprick of Lincoln Out of which Henry the first carved one Ely and Henry the last two Oxford and Peterborough Bishopricks and yet left Lincoln the largest Diocess in England Spaldwick Manor in Huntington-shire was given to Lincoln in Reparation of the Jurisdiction taken from it and bestowed on Ely 24. One Herveyus was made first Bishop of Ely And inriched with Royalties One who had been undone if not undone banished by the Tumultuous welsh from the Beggerly Bishoprick of Bangor and now in Pitty to his Poverty and Patience made the rich Bishop of Ely It is given to Parents to be most fond of and indulgent to their youngest which some perchance may render as a Reason why this Bishoprick as last born Anno Regis Hen. 127. was best beloved by the King Surely he bestowed upon it vast priviledges and his Successors cockering this See for their Darling conferred some of their own Royalties thereon 25. Bernard Chaplain to the King and Chancellor to the Queen
the English at this present had not injured his Holinesse by any personall offence against him the Pope by Interdicting the whole Realme discovered as much emptinesse of Charity as plenitude of Power But some will say his bounty is to be praised that he permitted the People some Sacraments who might have denied them all in rigour and with as much right yea 't is well he Interdicted not Ireland also as a Countrey under King Johns Dominion deserving to smart for the perversnesse of their Prince placed over it 10. But after the continuance of this Interdiction King John by name excommunicated a year and upwards 1209. the horrour thereof began to abate 10. Use made ease and the weight was the lighter born by many shoulders Yea the Pope perceived that King John would never be weary with his single share in a generall Burden and therefore proceeded Nominatim to excommunicate him For now his Holinesse had his hand in having about this time excommunicated Otho the German Emperour and if the Imperiall Cedar had so lately been blasted with his Thunderbolts no wonder if the English Oak felt the same fire He also Assoiled all English subjects from their Allegiance to King John and gave not onely Licence but Incouragement to any Forreigners to invade the land so that it should not onely be no sinne in them but an expiating of all their other sinnes to conquer England Thus the Pope gave them a Title and let their own swords by Knight-service get them a Tenure 11. Five years did King John lie under this sentence of Excommunication Yet is blessed with good successe under the Popes curse in which time we find him more fortunate in his Martiall Affairs 1210. then either before or after 11. For he made a successefull voyage into Ireland as greedy a Grave for English Corps as a bottomlesse Bag for their Coin and was very triumphant in a Welsh Expedition and stood on honourable termes in all Foraine Relations For as he kept Ireland under his feet and Wales under his elbow so he shak't hands in fast friendship with Scotland and kept France at arms end without giving hitherto any considerable Advantage against him The worst was not daring to repose trust in his Subjects he was forced to entertain Forainers which caused his constant anxiety as those neither stand sure nor go safe who trust more to a staffe then they lean on their legs Besides to pay these Mercenary Souldiers he imposed unconscionable Taxes both on the English Clergy especially and Jews in the Kingdom One Jew there was of b Mat. Paris in Anno 1210. pag. 229 Bristoll vehemently suspected for wealth though there was no cleer Evidence thereof against him of whom the King demanded ten thousand Marks of silver and upon his refusall commanded that every day a Tooth with intolerable torture should be drawn out of his head which being done seven severall times on the eight day he confessed his wealth and payed the fine demanded who yeelding sooner had sav'd his teeth or stubborn longer had spar'd his money now having both his Purse and his Jaw empty by the Bargain Condemn we here mans cruelty and admire heavens justice for all these summes extorted from the Jews by temporall Kings are but paying their Arrerages to God for a debt they can never satisfie namely the crucifying of Christ 12. About the same time The Prophesie of Peter of Wakefield against K John one Peter of Wakefield in Yorkshire a Hermit 1212. prophesied that John should be King of England 13. no longer then next Ascension-day after which solemn Festivall on which Christ mounted on his glorious Throne took possession of his heavenly Kingdom this Oppose of Christ should no longer enjoy the English Diadem And as some report he foretold that none of King Johns linage should after him be crowned in the Kingdom Anno Regis Joh. 13. The King called this Prophet an a Fox Martyr pag. 229. Idiot-Knave Anno Dom. 1212. which description of him implying a contradiction the King thus reconciled pardoning him as an Idiot and punishing him as a Knave with imprisonment in Kors-Castle The fetters of the prophet gave wings to his prophesie and whereas the Kings neglecting it might have puft this vain Prediction into wind men began now to suspect it of some solidity because deserving a wise Princes notice and displeasure Farre and neer it was dispersed over the whole Kingdom it being b Cominaeus faith that the English are never without some Prophesie on foot generally observed that the English nation are most superstitious in beleeving such reports which causeth them to be more common here then in other Countries For as the Receiver makes the Thief so popular credulity occasioneth this Propheticall vanity and Brokers would not set such base ware to sale but because they are sure to light on chapmen 13. Leave we the person of this Peter in a dark Dungeon 14. and his credit as yet in the Twilight 1213. betwixt Prophet and Impostor to behold the miserable condition of King John King Johns submission to the Pope perplexed with the daily preparation of the French Kings Invasion of England assisted by many English Male-contents and all the banish'd Bishops Good Patriots who rather then the fire of their Revenge should want fuel would burn their own Countrey which bred them Hereupon King John having his soul battered without with forrain fears and foundred within by the falsenesse of his Subjects sunk on a sudden beneath himself to an act of unworthy submission and subjection to the Pope For on Ascenision Eve May 15. being in the town of Dover standing as it were on tip-toes on the utmost edge brink and labell of that Land which now he was about to surrender King John by an Instrument or Charter sealed and solemnly delivered in the presence of many Prelates and Nobles to Pandulphus the Popes Legat granted to God and the Church of Rome the Apostles Peter and Paul and to Pope Innocent the third and his Successours the whole Kingdom of England and Ireland And took an Estate thereof back again yeelding and paying yeerly to the Church of Rome over and above the Peter-pence a thousand Marks sterling viz. 700. for England and 300. for Ireland In the passing hereof this ceremony is observable that the Kings Instrument to the Pope was * Both Instruments for the present were but sealed with Wax and the next yeer solemnly embossed with mettall in the presence of Nicholas the Popes Legat. sealed with a seal of Gold and the Popes to the King which I have beheld and perused remaining amongst many rarities in the Earl of Arundels Library was sealed with a seal of Lead Such bargains let them look for who barter with his Holinesse alwayes to be losers by the contract Thy silver saith the c Isai 1. 22. The Rent never paid the Pope nor demanded
that the Clergy ingrossed all Secular Offices and thereupon presented the insuing Petition to the King according to this effect insisting only in the substance thereof 42. And because that in this present Parliament it was declared to our Lord the King 45 by all the Earls 1370 Barons Ex Rot. Parl. in Turr. Lond. in 45. Ed. tertii and Commons of England that the Government of the Kingdom hath been performed for a long time by the men of Holy Church which are not * Justifiables in the French Originals 〈◊〉 whether whether not able to do justice or not to be justified in their imployment as improper for it justifiable in all cases whereby great mischiefs and damages have happened in times past and more may happen in time to come in disheriting of the Crown and great prejudice of the Kingdom for divers causes that a man may declare that it will please our said Lord the King Anno Dom. 1370 that the Laymen of the said Kingdom which are sufficient and able of estate Anno Regis Ed. tertii 45. may be chosen for this and that no other person be hereafter made Chancelour Treasurer Clerk of the Privy Seale Barons of the Exchequer Chamberlains of the Exchequer Controler and all other great Officers and Governours of the said Kingdom and that this thing be now in such manner established in form aforesaid that by no way it may be defeated or any thing done to the contrary in any time to come Saving alwaies to our Lord the King the Election and removing of such Officers but that alwaies they be Lay-men such as is abovesaid 43. To this Petition the King returned The Answer in effect a denial that he would ordain upon this point as it shall best seem to him by the advice of his good Councel He therefore who considereth the present power of the Clergy at the Councel-Table will not wonder if all things remained in their former Condition till the Nobility began more openly to favour John Wickliff his Opinions which the next Book God willing shall relate 44. We will close this with a Catalogue of the Arch-Bishops of Canterbury Simon Mepham Arch-Bishop of Canterbury Contemporary with King Edward the third and begin with Simon Mepham made Arch-Bishop in the first year of his reign so that the Crown and the Mitre may seem in some sort to have started together only here was the odds the King was a young yea scarce a man whereas the Arch-Bishop was well stricken in years Hence their difference in holding out the King surviving to see him buried and six more whereof four Simons inclusively heart-broken as they say with grief For when John Grandison Bishop of Exeter making much noise with his Name but more with his Activity refused to be visited by him the Pope siding with the Bishop Mepham so resented it that it cost him his life 45. John Stratford was the second John Sratford his successor Consecrated first Bishop of Winchester on the Lords day whereon it was solemnly sung many are the afflictions of the Righteous whereof he was very apprehensive then and more afterwards when his own experience had proved a Comment thereon Yet this might comfort him whilst living and make others honour his memory that a good Conscience without any great crime generally caused his molestation For under King Edward the second he suffered for being too loyall a Subject siding with the King against the Queen and her Son and under King Edward the third he was molested for being too faithfull a Patriot namely in pittying his poor Countreymens taxations for which he was accused for correspondency with the French and complying with the Pope Pope and King of France then blowing in one Trumpet whereat King Edward was highly incensed 46. However Stratford did but say what thousands thought His last his best dayes viz. that a peace with France was for the profit of England especially as proffered upon such honourable conditions This the Arch-Bishop was zealous for upon a threefold accompt First of Pietie to save the effusion of more Christian blood Secondly of Policie suspecting successe that the tide might turn and what was suddenly gotten might be as suddenly lost Thirdly on Charity sympathizing with the sad condition of his fellow Subjects groaning under the burthen of Taxes to maintain an unnecessary war For England sent over her wealth into France to pay their victorious Souldiers and received back again honour in exchange whereby our Nation became exceeding proud and exceeding poor However the end as well as the beginning of the Psalm was verified of this Arch-Bishop the Lord delivereth them out of all dying in great honour and good esteem with the King a strong argument of his former innocence 47. The third was Tho. Bradwardine Tho. Bradwardine the third Arch-bishop whose election was little lesse then miraculous For Commonly the King refused whom the Monks chose the Pope rejected whom the Monks and King did elect whereas all interests met in the choise of Bradwardine Yea which was more the Pope as yet not knowing that the Monks and the King had pre-elected him of his own accord as by supernaturall instinct appointed Bradwardine for that place who little thought thereon Thus Omne tulit punctum and no wonder seeing he mingled his profitable Doctrines with a sweet and amiable conversation Camden in Eliz. indeed he was skilled in School Learning which one properly calleth Spinosa Theologia and though some will say can figgs grow on thorns yet his thorny Divinity produced much sweet devotion 48. He was Confessor to king Edward the third whose miraculous victories in France The best Arch-Bishop of that See some impute more to this mans devout prayers Then either to the Policy or Prowess of the English Nation He died before he was inthronized few moneths after his consecration though now advanced on a more Glorious and durable Throne in Heaven where he hath received the Crown from God who here defended the * He wrote de Causae Dei Cause of God I behold him as the most pious man who from Anselm not to say Augustine to Cranmer sat on that Seat And a better St. Thomas though not sainted by the Pope then one of his predecessors commonly so called 49. Simon Islip was the fourth Simon Islip next Arch-Bishop a parcimonious but no avaricious man thrifty whilst living therefore clandestinely Inthronized and when dead secretly interred without any solemnity Yet his frugality may be excused if not commended herein because he reserved his estate for good uses founding Canterbury Colledge in Oxford Excipe Merton Colledge Thus generally Bishops founders of many Colledges therein denominated them either from that Saint to whom they were dedicated or from their See as Exeter Canterbury Durham Lincoln putting thereby a civil obligation on their Successors to be as Visitors so Benefactors thereunto This Canterbury Colledge is now
an injurious and violent degradation deprived him not of his Episcopal indeleble character so that still in right he remained a Bishop 41. Eight Cavil God send valour at last He failed more in his Martyrdome by reason of his cowardly recantation thorow hopes of life and restitution to his former dignity then any of his fellow Martyrs Answer It is confessed But his final constancy may well cover his intermediate failings Better it is faintly and fearfully to bear in our body the marks of our Lord Jesus then stoutly and stubbornly to endure the brands of our own indiscretion 42. Last Cavil Remember not what God had forgotten He was condemned for high Treason for an act done by him as an Arch-Bishop and Councellor of State for which he professed both his sorrow a Mr Pryn 134. and repentance Did he so indeed by the confession of this his adversary The more unworthy man his accusor after this his sorrow and repentance to upbraid him therewith M r Pryn might also remember that the two Lord chief Justices were in the same Treason whose Education made them more known in the Laws of the Land and our Cranmer was last and least in the fault it being long before he could be perswaded to subscribe to the disinheriting of Queen Mary 43. We appeal to the unpartial Reader upon the perusal of the premisses whither an ordinary charity might not yea ought not to have past by these accusations and whether the memory of Arch-Bishop Cramner may not justly say of M r Pryn as once the King of b An appeal to any indifferent Israel of the King of Syria wherefore consider I pray you and see how he seeketh a quarrel against me Indeed so great is his antipathy against Episcopacy that if a Seraphim himself should be a Bishop he would either finde or make some sick feathers in his wings 44. Cranmer was now setled in his Arch-Bishoprick Cranmer Divorceth King Henry and the first eminent act of his office was exercised in the Kings Divorce A Court is called in the Priory of Dunstable in Bedford-shire as a favourable place indifferently distanced but five miles from Amphil where Queen Katharine resided With Cranmer were the Bishops of London Winchester Bath and Lincoln with many other great Prelates These summoned Queen Katharine to appear before them full fifteen dayes together on whose refusal they not onely adjudged her contumacious but also pronounced her match with the King as null and unlawful by Scripture and soon after it was proclaimed that hence forward none should call her Queen but the Dowager of Prince Arthur And thus a few dayes had dispatched that Divorce which had depended many years in the Court of Rome 45. And now I cannot call King Henry a Batchelor Who Marrieth a Lady and a Bollen because once married nor a married man because having no wife nor properly a widower because his wife was not dead But he therefore a single or rather a separated person remaining so if at all but a very short time as soon after solemnly married to the Lady Anna Bollen of whom largely hereafter 46. Now began Elizbeth Barton to play her tricks The Imposture of Elibeth Barton commonly called the holy Maid of Kent though at this day of Kent alone is left unto her as whose Maiden-ship is vehemently suspected and holiness utterly denied she was famous on a double account First for knowing secrets past and indeed she could tell any thing which was told her conversing with Fryers her familiars and other folks Confessors who revealed many privacies unto her Secondly she was eminent for foretelling things to come and some of her predictions hit in the mark procured to the rest the reputation of prophecy with credulous people She foretold that King Henry should not be King a full twelve moneth except he reassumed Queen Katharine to be his Wife 47. I am heartily sorry that the gravity of John Fisher Fisher More befooled by her forgery Bishop of Rochechester should be so light and the sharp sight of S r Thomas More so blinde as to give credit to so notorious an Impostrix which plunged them both into the Kings deep displeesure As for Elizabeth Bvrton soon after she was executed with many of her complices and complotters The Papist at this day unable to defend her forgery and unwilling to confess her cheating seek to salve all by pleading her to be distracted Thus if succeeding she had been praised and perchance Canonized for her devotion now failing she must be pardoned and pittied for her distraction 48. We may remember Bish Fisher imprisoned for refusing the Oath of Supremacy how not long since the Clergie did own and recognize King Henry the eighth for Supreme Head of the Church which was clearly carried by a plurality of voices in the Convocation John Fisher Bishop of Rochester was the onely eminent Clergy-man who openly opposed it One obnoxious to the Kings dispeasure on a threefold account first for engaging so zealously above the earnestness of an Advocate against the Kings Divorce Secondly for tampering with that notable Impositrix the holy maid of Kent Thirdly for refusing the Oath of Supremacy for which he was now imprisoned Indeed this Bishop lost himself both with his friends and his â—oes by his inconstancy at the first seeing he who should have been as staid as the Tower was as wavering as the Weather-cock neither complying with the King nor agreeing with himself but would and would not acknowledge the Kings Supremacy But at last he fixed himself on the negative and resolutely continued therein till the day of his death of whom more largely hereafter 49. The Clergie in the Province of York did also for a long time deny the Kings Supremacy The Convocation of York denies the Kings Supremacy Indeed the Convocation of York hath ever since struck Talies with that of Canterbury though not implicitly unanimously post-concurring therewith But here they dissented not because more Knowing in their judgments or tender in their consciences but generally more superstitious and addicted to Popery Insomuch that they sent two LETTERS to the King I conceive them written one from the upper the other from the lower house of Convocation wherein they acquainted his Highness with their judgments interlacing many expressions of general submission and their Reasons in a large discourle why they could not acknowledg him to be Supreme Head of the Church 50. Give me leave to suspect Edward Lee Edw. Lee Arch-Bishop of York a furious Papist De Scriptoribus Drit in Edwardo Sexto Arch-Bishop of York for a secret fomentor of this difference He was a virulent Papist much conceited of his own Learning which made him to write against Erasmus and a persecutor of Protestants witness John Bale convented before him for suspicion of heresie who in vain earnestly pleaded Scripture in his own defence till at last he casually made use of a
be then alive thereunto before the marriage had in writing sealed with their seals which Condition We declare limit and appoint and will by these presents shall be to the said estate of Our said Daughter ELIZABETH in the said Imperiall Crown and other the premises knit and invested And if it shall fortune Our said Daughter ELIZABETH to die without Issue of Her body lawfully begotten We will that after Our decease and for default of Issue of the several bodies of Us and of our said Son Prince EDWARD and of Our said Daughters MARY and ELIZABETH and said Imperiall Crown and other the premises after Our decesse shall wholly remain and come to the Heires of the body of the Lady FRANCES Our Niece eldest Daughter to Our late Sister the French Queen lawfully begotten and for default of such Issue of the body of the said Lady FRANCES We will that the said Imperiall Crown and other the premises after Our decease and for default of Issue of the severall bodies of Us and of Our Son Prince EDWARD and of Our Daughters MARY and ELIZABETH and of the Lady FRANCES lawfully begotten shall wholly remain and come to the Heirs of the body of the Lady ELANOR Our Niece second Daughter to Our said Sister the French Queen lawfully begotten And if it happen the said Lady ELANOR to die without Issue of Her body lawfully begotten We will that after our decease and for default of Issue of the severall bodies of Us and of Our said Son Prince EDWARD and of Our said Daughters MARY and ELIZABETH and of the said Lady FRANCES and of the said Lady ELANOR lawfully begotten the said Imperiall Crown and other the premises shall wholly remain and come to the next rightfull Heirs And we sill that if Our said Daughter MARY doe marry without the consent and assent of the Privy Counsellours and others appointed by Us to be of Counsell to Our said Son Prince EDWARD or the most part of them as shall then be alive thereunto before the said marriage had in writing sealed with their seals as is aforesaid that then and from thenceforth for lack of Heirs of the severall bodies of Us and of Our said Son Prince EDWARD lawfully begotten the said Imperial Crown shall wholly remain be and come to Our said Daughter ELIZABETH and to the Heirs of Her body lawfully begotten in such manner and form as though Our said Daughter MARY were then dead without any Issue of the body of Our said Daughter MARY lawfully begotten Any thing contained in this Our Will or any Act of Parliament or Statute to the contrary in any wise notwithstanding And in case Our said Daughter the Lady MARY doe keep and perform the said Condition expressed declared and limited to Her estate in the said Imperiall Crown and other the premises in this Our last will declared And that Our said Daughter ELIZABETH doe not keep and perform for Her part the said condition declared and limited by this Our last Will to the estate of the said Lady ELIZABETH in the said Imperiall Crown of this Realm of England and Ireland Ann. Dom. 1546 and other the premises Ann. Regis HeÌ„ 8. 38. We will that then â—and from thencesorth after Our decease and for lack of Heirs of the several bodies of Us and of Our said Son Prince EDWARD and of Our said Daughter MARY lawfull begotten the said Imperiall Crown and other the premises shall wholly remain and come to the next Heirs lawfully begotten of the body of the said Lady FRANCES in such manner and form as though the said Lady ELIZABETH were then dead without any Heir of Her body lawfully begotten Any thing contained in this Will or in any Act or Statute to the contrary not withstanding the remainders over for lack of Issue of the said Lady FRANCES lawfully begotten to be an continue to such persons like remainders and estates as is before limited and declared And We being now at this time thanks to Almighty God of perfect memory Names of the Executo s. doe constitute and ordain these personages following Our Executors and Performers of this Our last Will and Testament willing commanding and praying them to take upon them the occupation and performance of the same as Executors Tho Cranmer that is to say the Archbishop of Canterbury the Lord Wriothesly Chancellour of England the Lord St. John greater Master of Our House Edw. Seymour John Dudley the Earl of Hartford great Chamberlain the Lord Russell Lord Privie Seal the Viscount Lisle high Admirall of England the Bishop Tonstall of Duresme Sir Anthony Browne Knight Master of our Horses Sir Edward Montague Knight chiefe Judge of the Common Pleas Justice Bromley Sir Edward North Knight Chancellour of the Augmentations Sir William Pagett Knight Our chief Secretary Sir Anthony Denny Sir William Herbert Knights chief Gentlemen of Our Privy Chamber Sir Edward Wotton Knight and Mr. Doctor Wotton his brother and all these We will to be Our Executors and Counsellors of the Privie Counsell with Our said Son Prince EDWARD in all matters concerning both his private affairs and publick affairs of the Realm willing and charging them and every of them as they must and shall answer at the day of judgment wholly and fully to see this my last Will and Testament performed in all things with as much speed an diligence as may be and that none of them presume to meddle with any of Our treasure or to do any thing appointed by Our said Will alone unlesse the most part of the whole number of these Co-executors doe consent and by writing agree to the same And will that Our said Executors or the most part of them may lawfully doe what they shall think most convenient for the execution of this Our Will without being troubled by Our said Son or any other for the same Willing further by Our said last Will and Testament that Sir Ed mund Peckham Our trusty servant and yet Cofferer of Our house shall be Treasurer and have the receipt and laying out of all such treasure and money as shll be defrayed by Our Executors for the performance of this Our last Will straightly charging and commanding the said Sir Edmund that he pay no great summe of money but he have first the hands of Our said Executors or of the most part of them for his discharge touching the same charging him further upon his allegiance to make a true account of all such summes as shall be delivered to his hands for this purpose And sithence We have now named and constituted Our Executors We will and charge them that first and above all things as they will answer before God and as We put Our singular trust and confidence in them that they cause all Our due Debts that can be reasonably shewed and proved before them to be fully contented and payed as soon as they conveniently can or may after Our decease without longer delay and that they doe
the Church joyned with them in the Town house Rich Pepists feared their goods would be condemned as heretical even by the Rebels of their own Religion which made them persist in their loyalty to their Soveraign 8. John Russell Lord privie Seal was sent down with small Forces to suppresse the Commotion A person very proper for that service as of a stout spirit and richly landed in this County He stayed some time at Honyton in vain expecting promised supplies either because this Lord was lookt on as of the Protectors party whose Court-interest did much decline or because Norfolke Rebellion as nearer London engrossed all warlike provisions Thus was this Lord in deep distresse having nothing save his Commission strong about him and his few forces for fear and want of pay began daily to forsake him 9. And now following the advice of the Dorset-shire Gentry he was ready to return when three Princely Merchants for so may I term them both for great interest and loyal intentions viz Thomas Prestwood Thomas Bodly and John Periam so improved their credits with Bristoll Lime and Taunton that they furnished the Lord Russell with necessaries to march forward Animated herewith they advance and gave the Rebels such a blow at Fenington-bridge that they left three hundred of their bodies dead on the place 10. Soon after the Lord Gray of Wilton whose slownesse may be excused as busied by the way in suppressing Tumults in Buckingham and Oxford shire came with a company of Horsmen and 300 Italian Shot under Baptist Spinola their Leader to recruit the Lord Russell Here one would wonder to behold the native English fighting in the maintenance of the Masse opposed by Italians untill he considereth that these foraigners being Souldiers of Fortune consulted the Coine not the Cause of such as entertained them And now the Kings Army advanceth towards Exeter a word or two of which Cities sad condition 11. The Rebels had often attempted to fire the Gates of the City till at last the Citizens found the Paradox true that the onely way to keep their City shut was to set their Gates open making rampires more defensible behinde them As for the Enemies intent to undermine and blow up the Walls it was first discovered then defeated by John Newcombe a Tinner of Teingmouth Philip Comineus For taking advantage of the declivity of the City on that side he countermin'd the Rebels work and then deriv'd into it all the kennels and water-courses falling down with a great precipice and so drowned the vault intended with powder to blow up the Walls Besides at the same instant set an impetuous showre which added to the Deluge Thus in vain doth Hell seek to kindle that Fire when Heaven intendeth to poure water for the quenching thereof 12. Famine raged most extremely insomuch as they were fain to bake bran and meal moulded up in cloathes for otherwise it would not stick together Nor must the worthy resolution of a loyall Citizen be forgotten publickly professing That rather than he would surrender the City to the Rebels he would fight with one arm and feed on the other And now were they reduced to utmost extremity when the seasonable approach of Lord privie Seale put a period to their Miseries For at the winde-mill of S. Mary Clist after a bloody Battle wherein Sir William Francis was slain on the King's side the Rebels were routed and sorced to flie leaving a thousand of their corps dead on the place Miles Coverdail gave publick thanks to God for the victory in the view of Exeter and soon after was made the Bishop thereof 13. Then the Lord caused S. Mary Clist to be burnt to the ground though it was his own Town as knowing full well Traytours to their King would never make good Tenants to their Landlord And on Clist-heath a second fight was begun where the Rebels were finally overcome The Lord privie Seal marched into Exeter and was there as he well deserved welcomed with all possible expressions of joy Sir William Herbert with 1000 Welsh came too late to fight but soon enough to be an honourable Witnesse of the victory 14. This sixt of August Two solemne yearly festivals the day of their deliverance is an high festival in the Almanack of Exeter Good cheer and thereby I justly guesse their great gratitude being annually observed with a publick Sermon to perpetuate the memory of Gods mercy unto them Yet such Solemnities doe daily decay every new Generation being removed one degree farther from the deliverance The King conferred the Manour of Exetland formerly belonging to the City but wrested from it by the Earls of Devon-shire on their Corporation in reward of their loyalty and valour 15. Humphrey Arundle Winslade Bery and Coffi were executed and as this Commotion began it ended at Sampford-Courtney where their last remnant was defeated Six Popish Priests were hanged with Welsh the Vicar of St. Thomas though all this was but mercy to the cruelty of Sir Anthony Kingston Provost-Marshall in trussing up many mean offenders 1. It began about the 20 th of June at Attilborrough about the laying open of Commons The beginning of two Rebellions pretended lately inclosed to the prejudice of the Poor Much increased on the 6â— of July at Windham Play where there was a great confluence of idle people repairing from all parts of the County 2. Robert Ket Their Ring-leaders and number Tanner of Windham one of more wealth than common folk of his craft yet of more wit than wealth confidence than either was chosen their Captain He with two Assistants chosen out of every hundred kept his Kings Bench Chancery and all other Courts under a Tree termed the Oake of Reformation where he did justice be it wrong or right to all such as were summoned before him In short time they increased to be more than twenty thousand 3. Sir Edmond Windham Sheriffe of Northfolke The Sheriffs endevours succeed not commanded them in the King's name peaceably to depart But had not his Horsemanship been better than his Rhetorick himself had not departed the place Yea now the * Hooker alias Vowell in Hollingshed p. 1015 1017. Rebels began to play their pranks threatning to burn the House Idem p. 1029. and defacing the Dovecoat formerly a Chappel before it was turned of an House of Prayer into a Den of Thieves of Master Corbets of Sprowston and committing many outrages layed all Pastures rather waste than open where they came Yea now they march towards Norwich the chief place in the County 4. Norwich is like a great volume with a bad cover The description of Exeter and Norwich having at best but parchment walls about it Nor can it with much cost and time be effectually fortified because under the frowning brow of Moushold Hill hanging over it The River Yere so wanton that it knoweth not its own minde which way to goe such the involved flexures thereof within a
other strangers in London to have and to hold for them their heirs and successours in Frank Almonage to be a meeting-place for them therein to attend God's Word and Sacraments He ordered also that hereafter it should be called by the new name of the Church of the Lord IESUS and incorporated the said Superintendent Ministers and Congregation to be a body politick for all purposes and intents empowering them from time to time in the vacancy of a Superintendent to chuse name and substitute any able and fit person in that place provided that the person so chosen be first presented to the King His Heirs and Successours to be approved and confirmed by them in the Office of the Ministerie enjoyning all Archbishops Bishops and other Officers Quòd permittant praefatis g The Letters are kept in the Dutch Church and exemplified in Iohannes Utenbovius in his narration of the Dutch Congregation pag. 13. c. Superintendenti Ministris Sucessoribus suis liberè quietè frui gaudere uti exercere ritus ceremonias suas proprias disciplinam Ecclesiasticam propriam peculiarem non obstante quòd non conveniant cum ritibus ceremoniis in Regno nostro usitatis That they permit the foresaid Superintendent and Ministers and their Successours freely and quietly to hold enjoy use and exercise their own proper rites and ceremonies and their proper and peculiar Church-discipline notwithstanding that they agree not with the rites and ceremonies used in Our Kingdome 34. Now followed the fatall tragedy of the Duke of Somerset Womens brawles Mens thralles and we must recoile a little to fetch forward the cause thereof Thomas Seymour Baron of Sudely and Lord Admirall the Protectours younger Brother had married the Lady Katharine Parre the Relict of King Henry the eighth A contest arose betwixt their Wives about place the Protectresse as I may call her refusing to give it to the Kings Dowager Yet was their precedencie no measuring cast but clear in the view of any unpartiall eye Nor needed other Herauld to decide the controversie than the Kings own Injunctions a Vide supra in the first of this King wherein after prayer for His own Royall person Ministers were commanded to pray for the Queen Dowager even before the Kings Sisters Mary and Elizabeth the Protectour under whom his Lady must claim place being placed last in the List of their Devotions 35. The Womens discords derived themselves into their Husbands hearts Lord Thomas â—eymour executed for Treason Whereupon not long after followed the death of the Lord Thomas Seymour arraigned for designing to traslate the Crown to himself though having neither Title to pretend unto it nor effectual Interest to atchieve the same Let b 1 King 2. Adonijah and this Lord's example deterre Subjects from medling with the Widows of their Soveraigns left in the same match they espouse their own danger and destruction This Lord thus cut off the Protectour stood alone on his own bottome at which his enemies daily endevoured to undermine 36. Soon after the Lords of the Councel resolved to accuse him of many high offences A tripartite accusation Of these Lords some were Lawyers as the Lord Wriothesley lately the Lord Rich then Lord Chancellour Sir Edward Montague Chief Justice c. some Martialists as S r Ralph Sadler Treasurer to the Army and some meer Statesmen as William Pawlet Lord Treasurer and their accusations participated of the severall conditions of the Accusers The Lawyers charge him for bringing Westminster-hall into Somerset-house keeping there a Court of Request and therein determining Titles of Land to the apparent injury of the Subject Military men taxed him for his Sumptuous buildings having their Morter tempered with the tears of Souldiers Wives and Children whose wages he detained and for betraying Bolloigne and other places in France to the Enemy States-men chiefly insisted on his engrossing all power to himself that whereas by the constitution of the Protectourship he was to act nothing without the advice of King Henry's Executours he solely transacted matters of the highest consequence without their privity 37. Here I must set John Dudley Earl of Warwick as a Transcendent in a form by himself Earle of Warwick the Proectors grand enemy being a competent Lawyer Ann. Dom. 1551. Son to a Judge known Soldier Ann Reg. Ed 6 5. and able States man and acting against the Protector to all these his capacities Indeed he was the very soul of the Accusation being all in all in every part thereof And seeing the Protector was free spirited open hearted humble hard to distrust easie to forgive The other proud suttle close cruell and revengefull it was impar congressus betwixt them almost with as much disadvantage as betwixt a naked and an armed person 38. Hereupon The Protector accused and imprisoned yet restored he was imprisoned at Windsor in a place antiently called c Fox Acts Mon. pag. Beauchamp's Tower it seems by a sad Prolepsis but never verified till now when this Vâ—count Beauchamp by his original honour was therein consined and hence was he removed to the Tower of London However although all this happened in the worst juncture of time viz in the disjuncture of his best Friend the Lord Russell Privie Seal then away in the West yet by his own innocence his other Friends endeavour the Kings interposing and Divine Providence he was acquitted and though outed his Protectorship restored and continued Privie Counsellour as in the King's Diarie was formerly observed 39. But after two years and two months Accused the second time his enemies began afresh to assault him hoping that as the first stroak shak'd the next would fell him to the ground Indeed Warwick who had too powerfull an influence upon all the Lords could not erect his intended Fabrick of Soveraignty except he first cleared the ground work from all obstructive rubbish whereof this Duke of Somerset was the Principall In whose absence the Lords met at the Councell Table where it was contrived how all things should be ordered in relation to his Arraignment 40. R. Rich Lord Chancellor then living in great S. Bartholomews though outwardly concurring with the rest Lord Rich his Servants dangerous mistake began now secretly to favour the Duke of Somerset and sent him a Letter therein acquainting him with all passages at the Councell Board superscribing the same either out of haste or familiarity with no other direction save To the Duke enjoying his Servant a raw attendant as newly entred into the family safely to deliver it The man made e This story attested to me by his great grand childe the Earl or Warwick more haste than good speed and his Lord wondring at his quick return demanded of him where the Duke was when he deliver'd him the Letter In Charter-house said his Servant on the same token that he read it at the window and smiled thereat But the
to oppose and the flattery of the Courtiers most willing to comply matters were made as sure as mans policy can make that good which is bad in it self But the Commons of England who for many yeers together had conn'd loyalty by-heart out of the Statute of Succession were so perfect in their lesson that they would not be put out of it by this new started designe so that every one proclaimed Mary next Heir in their consciences and few daies after King Edwards death all the project miscarried of the plotters whereof some executed more imprisoned most pardoned all conquered and Queen Mary crowned Thus though the streame of Loyalty for a while was violently diverted to runne in a wrong channell yet with the speediest opportunitie it recovered the right course again 2. But now in what manner this Will of King Edwards was advanced The truth of the carriage of Sr. Edward Mountagu in his drawing up the Will of King Edw. the sixth that the greatest blame may be laid on them who had the deepest guilt the following answer of Sr. Edward Mountagu Lord Chief Justice of the Common-Pleas accused for drawing up the Will and committed by Queen Mary to prison for the same will truly acquaint us The original whereof under his own hand was commnuicated unto me by his great grandchilde Edward Lord Mountagu of Boughton and here faithfully exemplified SR Edward Mountagu Knight late Chief-Justice of the Common Pleas received a letter from Greenwich dated the eleventh day of June last past signed with the hands of the Lord Treasurer the Duke of Northumberland John Earl of Bedford Francis Earl of Shrewsburie the Earl of Pembroke the Lord Clynton the Lord Darcie John Gate William Peter William Cecill John Cheke whereby he was commanded to be at the Court on the morrow by one of the clock at after-noon and to bring with him Sr. John Baker Justice Bromley the Attorney and Solicitour General and according to the same all they were there at the said hour of one of the clock And after they were brought to the presence of the King the Lord Treasurer the Marquesse of Northampton Sr. John Gate and one or two more of the Councill whose names he doth not now remember were present And then and there the King by His own mouth said that now in His sicknesse he had considered the state of this His Realm and Succession which if He should decease without Heir of His body should go to the Lady Mary who was unmarried and might marry a stranger-borne whereby the Lawâ— of this Realm might be altered and changed and His Highnesse proceedings in Religion might be altered Wherefore His pleasure was that the state of the Crown should go in such forme and to such persons as His Highnesse had appointed in a Bill of Articles not signed with the Kings hand which were read commanded them to make a Book thereof accordingly with speed And they finding divers faults not onely for the incertainty of the Articles but also declaring unto the King that it was directly against the Act of Succession which was an Act of Parliament which would not be taken away by no such devise Notwithstanding His Highnesse would not otherwise but that they should draw a Book according to the said Articles which he then took them and they required a reasonable time of His Highnesse for the doeing thereof and to consider the Laws and Statutes made for the Succession which indeed were and be more dangerous then and of them they did consider and remember and so they departed commanding them to make speed And on the morrow all the said persons met and perusing the said Statutes there grew this question amongst them whether it were presently treason by the words of the Statute of Anno primo Edvardi Sexti or no treason till it were put in execution after the Kings death because the words of the Statute are the King His Heirs and Successours because the King can have no Successours in His life but to be sure they were all agreed that it were the best and surer way to say to the Lords that the execution of this devise after the Kings decease was not onely treason but the making of this devise was also presently treason as well in the whole Councell as in them and so agreed to make their report without doing any thing for the execution thereof And after Sr. William Peter sent for the said Sr. Edward to Eely-place who shewed him that the Lords required great speed in the making of the said Book and he told him there were none like to be made for them for the danger aforesaid And after that the said S. Edward with the rest of his company went to the Court and before all the Council the Duke of Northumberland being not in the Council-chamber made report to the Lords that they had considered the Kings Articles and also the Statutes of Succession whereby it appeared manifestly that if they should make any Book according to the Kings commandment they should not onely be in danger of treason but also their Lordships all wherefore they thought it their bounden duties to declare the danger of the Laws unto them and for avoiding of the danger thereof they had nothing done therein nor intended to doe the Laws being so dangerous and standing in force The Duke of Northumberland having intelligence of their answer either by the Earle of Huntington or by the Lord Admiral cometh into the Council-Chamber before all the Council there benign in a great rage and fury trembling for anger and amongst his ragious talk called the said Sr. Edward Traitour and further said that he would fight in his shirt with any man in that quarrel as all the whole Council being there will report whereby the said Sr. Edward with the rest were in great fear and dread in special Mr. Bromley and the said Sr. Edward for Mr. Bromley told the said after that he dread then that the Duke would have striken one of them and after they were commanded to go home and so departed in great fear without doing any thing more at that time wishing of God they had stood to it as they did then unto this time And after the said Sr. Edward received another letter dated at Greenwich the 14 th of June last past signed with the hands â—f the Lord Treasurer the Earl of Bedford the Marquesse of Northampton the Earle of Shrewsburie the Lord Clynton the Lord Cobham the Lord Darcy William Peter John Gate John Cheeke whereby he was commanded to bring with him Sr. John Baker Justice Bromley and Mr. Gosnolde and to be at the Court on the morrow by one of the clock at after-noon where all they were at the same houre and conveyed into a chamber behinde the Dining-Chamber there and all the Lord looked upon them with earnest countenance as though they had not known them So that the said Sr. Edward with the other might perceive there
the peoples pews than was then generally in the Readers deske yea Preachers Pulpit let God be more glorified in it men more edified by it seeing of late the Universities have afforded moe vine-dressers than the Country could yeeld them vineyards Yea let us be jealous over our selves with a godly jealousie lest our ingratitude make us to relapse into the like ignorance and barbarisme For want of bread was not so much the suffering of those dayes as fulness thereof hath lately been the sin of ours 36. Great abuses being offered to the monuments of the dead A Proclamation against defaeers of Monuments in Churches the Queen thought fitting seasonably to retrench the increase of such impieties And although her Proclamation being printed the printing of Her name thereunto had been of as much validity in it self and of far more ease to Her Majesty yet to manifest Her Princely zeal therein She severally signed each copie and those numerous to be dispers'd thoroughout all Her Dominions with Her own hand And seeing Shee begrutched not Her pains to superscribe Her name I shall not think much of mine to transcribe the whole Proclamation Elizabeth THe Queens Majesty understanding Anno Dom. 1559. that by the means of sundry people Anno Regin Eliza. 2. partly ignorant This Proclamation was printed at London in Pauls Church-yard by Rich. Jagg and John Cawood 〈◊〉 to the Queen partly malitious or covetous there hath been of â—â—te yeers spoiled and broken certain ancient Monuments some of metall some of stone which were erected up as well in Churches as in other publike places within this Realme only to shew a memory to the posterity of the persons there buried or that had been benefactours to the building or dotations of the same Churches or publique places and not tonourish any kinde of superstition By which means not only the Churches and places remain at this present day spoiled broken and ruinated to the offence of all noble and gentle hearts and the extinguishing of the honourable and good memory of sundry vertuous and noble persons deceased but also the true understanding of divers families in this Realm who have descended of the blood of the same persons deceased is thereby so darkened as the true course of their inheritance may be hereafter interrupted contrary to justice besides many other offences that do hereof ensue to the slander of such as either gave or had charge in times past only to deface monuments of idolatry and false fained images in Churches and Abbeys And therefore although it be very hard to recover things broken and spoiled yet both to provide that no such barbarous disorder be hereafter used and to repaire as much of the said monuments as conveniently maybe Her Majesty chargeth and commandeth all maner of persons hereafter to forbear the breaking or defacing of any parcell of any monument or tombe or grave or other inscription and memory of any person deceased being in any manner of place or to break any image of Kings Princes or Nobles Estates of this Realme or of any other that have been in times past erected and set up for the only memory of them to their posterity in common Churches and not for any religious honour or to break down and deface any image in glass-windows in any Churches without consent of the Ordinarie upon pain that whosoever shall be herein found to offend to be committed to the next Goale and there to remain without baile or mainprise unto the next coming of the Justices for the delivery of the said Goale and then to be farther punished by fine or imprisonment besides the restitution or reedification of the thing broken as to the said Justices shall seem meet using therein the advice of the Ordinary and if need shall be the advice of Her Majesties Councell in Her Starr-Chamber And for such as be already spoiled in any Church or Chappell now standing Her Majesty chargeth and commandeth all Arch-Bishops Bishops and other Ordinaries or Ecclesiastical persons which have authority to visit the Churches or Chappels to enquire by presentments of the Curates Church-wardens and certain of the parishioners what manner of spoâ—les have been made sithence the beginning of Her Majesties raigne of such monuments and by whom and if the persons be living how able they be to repair and readifie the same and thereupon to convent the same persons and to enjoyn them under pain of Excommunication to repair the same by a convenient day or otherwise as the cause shall farther require to notifie the same to Her Majesties Councell in the Sarr-chamber at Westminster And if any such be found and convicted thereof not able to repair the same that then they be enjoyned to do open pennance two or three times in the Church as to the quality of the crime and party belongeth under the like pain of excommunication And if the party that offended be dead and the Executours of the Will left having sufficient in their hands unadministred and the offence notorious the Ordinarie of the place shall also enjoyn them to repair or reedifie the same upon like or any other convenient pain to be devised by thesaid Ordinarie And when the offender cannot be presented if it be in any Cathedral or Collegiate Church which hath any revenue belonging to it that is not particularly allotted to the sustentation of any person certain or otherwise but that it may remain in the discretion of the governour thereof to bestow the same upon any other charitable deed as mending of high-wayes or such like Her Majesty enjoyneth and straitly chargeth the governours and companies of every such Church to employ such parcels of the said sums of mony as any wise may be spared upon the speedy repaire or reedification of any such monuments so defaced or spoiled as agreeable to the original as the same conveniently may be And where the covetousness of certain persons is such that as Patrons of Churches or owners of the personages impropriated or by some other colour or pretence they do perswade with the Parson and Parishioners to take or throw down the bells of Churches and Chappels and the lead of the same converting the same to their private gain and to the spoils of the said places and make such like alterations as thereby they seek a slanderous desolation of the places of prayer Her Majesty to whom in the right of the Crown by the ordinance of Almighty God and by the laws of this Realme the defence and protection of the Church of this Realme belongeth doth expressly forbid any manner of person to take away any bells or lead of any Church or Chappel under pain of imprisonment during Her Majesties pleasure and such farther fine for the contempt as shall be thought meet And Her Majesty chargeth all Bishops and Ordinaries to enquire of all such contempts done from the beginning of Her Majesties raigne and to enjoyn the persons offending to repair the same within a
Anthony his fire that it is mortall if it come once to clip and encompasse the whole body So had the North-East Rebels in Norfolke met and united with the South-East Rebels in Devonshire in humane apprehension desperate the consequence of that conjuncture 61. The second forme of Homilies As also those in Q Eliz. are those composed in the Raign of Queen Elizabeth amounting to one and twenty concluding with one against Rebellion For though formerly there had been one in King Edwards dayes for obedience yet this was conceived no superfluous tautologie but a necessary gemination of a duty in that seditious age wherein dull schollers needed to have the same lesson often taught unto them 62. They are penned in a plain stile The use of Homilies accommodated to the capacities of the Hearers being loth to say of the Readers the Ministers also being very simple in that age Yet if they did little good in this respect they did no harme that they preached not strange Doctrines to their people as too many vent new darknesses in our dayes For they had no power to broach Opinions who were only employed to deliver that liquor to them which they had received from the hands of others better skilled in Religion then themselves 63. However some behold these Homilies Their authenticall necessity questioned as not sufficiently legitimated by this Article to be for their Doctrine the undoubted issue of the Church of England alledging them composed by private men of unknown names who may probably be presumed at the best but the Chaplains of the Arch-Bishops under whom they were made Hence is it that some have tearmed them Homely Homilies others a popular * Mr. Mountuga in his appello Caesarem discourse or a Doctrine usefull for those times wherein they were set forth I confesse what is necessary in one age may be less needfull in another but what in one age is godly and wholsome Doctrine characters of commendation given by the aforesaid Article to the Homilies cannot in another age be ungodly and unhealthfull as if our faith did follow fashions and truth alter with the times * 2 Sam. 17. like Aâ—hitophell his Counsell though good in it self yet not at some seasons But some are concerned to decry their credits as much contrary to their judgement more to their practise especially seeing the second Homily in the second book stands with a spunge in one hand to wipe out all pictures and a hammer in the other to beat down all Images of God and Saints erected in Churches And therefore such use these Homilies as an upper garment girting them close unto or casting them from them at pleasure allowing and alledging them when consenting denying and disclaiming them when opposite to their practise or opinions 64. The Religion in England being setled according to these Articles which soon after were published Rastall writes against Bp. Jewel the first Papist that fell foule upon them was William Râ—stall Nephew to S r. Thomas More by Elizabeth his Sister and a great Lawyer Yet we beleeve not him * Pitzaeus de Ang. Scriptor pag. 764. that telleth us he was one of the two Chief justices as knowing the * See Sr. Henry Spelmâ—n his glâ—â—sary in Indic contrary However he was very knowing in our common law Witnesse his collections of statutes and comments thereon with other works in that faculty But this veteranus Jurisconsutus was vix Tyro Theologus shewing rather zeal to the cause then ability to defend it in those Books which he set forth against BP Jewell 65. No eminent English Protestant died this yeer The death of Dr. Smith but great grief among the Romanists for the loss of D r. Richard Smith Kings professour of Divinity in Oxford till outed by Peter Martyr Whereupon he forsook the land returned in the Raign of Queen Mary went back after her death into the Low-Countries where he was made Dean of S t. Peters in Doway and appointed by King Philip the second first Divinity professor in that new erectd Vniversity His * Pitzaeus de Ang. Script pag. 761. party much complain that his strong parts were disadvantaged with so weak sides and low voice Amo Regin Lliza 5. though indeed too loud his railing against the truth as appears by his Books 66. The English Bishops conceiving themselves impowered by their Canons The Original of Puritans began to shew their authority in urging the Clergy of their Diocess to subscribe to the Liturgie Ceremonies and Discipline of the Church and such as refused the same were branded with the odious name of Puritanes 67. A name which in this notion first began in this yeer The Homonymie of the tearm 1564 6. and the grief had not been great if it had ended in the same The Philosopher banisheth the term which is polysaemon that is subject to several senses out of the Predicaments as affording too much Covert for cavill by the latitude thereof On the same account could I wish that the word Puritan were banished common discourse because so various in the acceptions thereof We need not speak of the ancient Cathari or Primitive Puritans sufficiently known by their Hereticall opinions Puritan here was taken for the Opposers of the Hierarchie and Church-service as resenting of Superstition But prophane mouths quickly improved this Nick-name therewith on every occasion to abuse pious people some of them so far from opposing the Liturgie that they endeavoured according to the instructions thereof in the preparative to the Confession to accompany the Minister with a PURE heart and laboured as it is in the Absolution for a life PURE and holy We will therefore decline the word to prevent exceptions which if casually slipping from our pen the Reader knoweth that only Non-conformists are thereby intended 68. These in this age were divided into two ranks Mr. Fox a moderate Nonconformist Some milde and moderate contented only to enjoy their own conscience Others fierce and fiery to the disturbance of Church and State Amongst the former I recount the Principall Father John Fox for so Queeu Elizabeth termed him summoned as I take it by Arch-Bishop Parker to subscribe that the generall reputation of his piety might give the greater countenance to Conformity The old man produced the new-Testament in Greek to this saith he will I subscribe But when a subscription to the Canons was required of him he refused it saying I have nothing in the Church save a Prebenâ— a Salisbuâ—y and much good may it do you if you will take it away from me However such respect did the Bishops most formerly his Fellow-Exiles bear to his age parts and pains that he continued his place till the day of his death who though no friend to the Ceremonies was otherwise so devout in his carriage that as his nearest relation surviving hath informed me he never entred any Church without expressing solemn reverence therein 69.
legall Tryall is the greatest torment in the World God keepe all good men from feeling and chiefly from deserving it I am the easier induced to believe the Exquisitenesse of the Torture being sensible in my self by your bounty what a burden it is for One who would be ingenuous to be Loaded with Curtesies which He hath not the least hope to requite or deserve 1. IN this year began the Suit betwixt Robert Horne Bishop of Winchester The suit betwixt Bp. Horne and Bonner and Edmund Bonner late Bishop of London on this occasion All Bishops were impowred by the statute quinto Elizabethae to tender the Oath of Supremacy to all persons living within their Diocess Now Bishop Bonner was within the Diocess of Winchester full ill against his will as being a Prisoner in the Marshall-See in Southwarke to whom Horne offered this Oath and he refused the taking thereof Hereupon his refusall was returned into the Kings-Bench and he indicted on the same Being indicted he appeared there confessed the fact but denied himself culpable and intending to traverse the Indictment desired that Councell might be assigned him S r. Robert Cateline then Chief Justice granted his motion and no meaner then Ploydon that eminent Lawyer Christopher Wray afterwards Lord Chief Justice and Lovelace were deputed his Councell 2. First they pleaded for their Client Bonner his Councell that Bonner was indicted without the title and addition of Bishop of London and only stiled Doctour of Law and one in Holy Orders But the Judges would not allow the exception as legall to avoid the Indictment 3. Secondly Their 1. Plea 2. Exception they pleaded that the Certificate entred upon Record was thus brought into the Court. Tali die anno per A. B. Cancellarium dicti Episcopi Winton And did not say per mandatum Episcopi for the want of which clause Bonner his Councell took exceptions thereat sed non allocatur because the Record of it by the Court is not of necessity 4. Pass we by their third exception Main matter debared by the Judges that he was indicted upon that Certificat in the County of Middlesex by the common Jury of enquest in the Kings-Bench for that County It being resolved by the Judges that his triall could not be by a Jury of Middlesex but by a Jury of Surrie of the neighbourhood of Southwark The main matter which was so much debated amongst all the Judges in the Lord Cateline his chamber was this Whether Bonner could give in evidence of that issue that he had pleaded of not guilty that Horne Bishop of Winchester was not a Bishop tempore oblationis Sacramenti at the time wherein he tendred the oath unto Bonner And it was resolved by them a Dyer fol. 234 Mich. 6. 7. El. z. plaâ—â—to 15. all that if the truth of the matter was so indeed that he might give that in evidence upon that issue and that the Jury might trie whether he was a Bishop then or no. 5. Whilest this suit as yet depended Divided by the Parliament Eliz. 8. Sept. 30. 1567. the Queen called a Parliament which put a period to the controversie and cleared the legality of Horne his Episcopacy in a Satute enacting That all persons that have been or shall be made oâ—d red or consicrate Arch-Bishops Bishops Priests Ministers of Gods Holy Word and Sacraments or Deacons after the forme and order prescribed in the said order and form how Arch-Bishops Bishops Priests Deacons and Ministers should be consecrated made and ordered be in very deed and also by authority hereof declared and enacted to be and shall be Arch-Bishops Bishops Priests Ministers and Deacons and rightly made consecrated and ordered Any Statute law Canon or other thing to the contrary notwithstanding 6. However it immediately followeth A favourable proviso Provided alwayes and nevertheless be it enacted by the authority aforesaid that no person or persons shall at any time hereafter be impeached or molested in body lands livings or goods by occasion or mean of any Certificate by any Arch-Bishop or Bishop heretofore made or before the last day of this present Session of Parliament to be made by vertue of any Act made in the first Session of Parliament touâ—hing or concerning the refusal of the oath declared and set forth by Act of Parliament in the first yeer of the Reign of our said Soveraign Ladie Queen Elizabeth Any thing in this Act or any other Act or Statute her tofâ—re made to the contrary notwithstanding 7. The seasonable interposing of this Statute made it a Drawn battell betwixt Horne and Bonner Their suit superseded The former part thereof here alledged cleared Horne his Episcopacy from all cavils of law the later Proviso was purposely inserted in favour of Bonner who here himself found that which he never shewed to others that he as all other Popish Bishops deprived might be no more molested for refusing the Oath of Supremacy The Parliament saw they had already lost their livelihood and liberties for their erroneous consciences and had received their thirty nine stripes more then which the State thought not fit to inflict lest their justice should degenerate into cruelty 8. The enacting of this Statute did not stop the railing mouths of Papists against our Bishops but only made them alter their note and change their tune in reviling them Formerly they condemned them as illegall whose calling was not sufficiently warranted by the laws of the Land henceforward * 〈…〉 Sanders and others railed on them for Parliamentary Bishops deriving all their Power and Commission from the State But as well might the Jesuits terme b 〈…〉 pag. 449. Cuâ—on 17. Shemaiah Nethaniah Prerogative Levites because sent by Jehâ—saphat to preach the word to the people of the Land For that good King did not give but quicken and encourage their Commission to teach as here the Parliament did only publish notifie and declare the legall authority of the English Bishops whose Call and Consecration to their place was formerly performed derived from Apostolicall or at leastwise Ecclesiastical institution 9. These were the prime of the first Set of Puritans Anno Regin Eliza. 8. Anno Dom. 1567. The Ring leader of the second set of Nonconformiâ—â—s which being very aged expired for the most part at or about this time when behold another generation of Active and zealous Nonconformists succeeded them Of these Coleman Button Halingham and Benson whose Christian names I cannot recover were the chief inveighing against the established Church-Discipline accounting every thing from Rome which was not from Geneva endeavouring in all things to conforme the government of the English Church to the Presbyterian Reformation Add these three more though of inferiour note to the aforesaid Quaternion William White Thomas Rowland Robert Hawkins all beneficed within the Diocess of London and take a tast of their Spirits out of the Register thereof 10. For this
unlawfull let it wholy be prohibited It is a sad case to make men pay dear for their damnation and so sell them a license to do that which the receivers of their mony conceive to be unlawfull It is part of the character of the Whâ—re of a Rev. 18. 13. Babylon which Protestants generally apply to Rome that she traded or made a maâ—t of the souls of men as this was little better 9. Others Others conceive the proportion of the fine unconscionable not disliking a pecuniarie penalty yet conceived the proportion thereof unreasonable Twenty pounds a moneth a vast summ especially as exacted by lunarie moneths consisting of twenty eight dayes and so making thirteen moneths in the year enough to shatter the conteinment of a rich mans estate They commended the moderation of the former Statute which required twelve pence a Sunday of all such as could not give a reasonable excuse of their absence from Church That did smart yet did not fetch blood at the worst did not break bâ—nes Whereas now twenty pounds a moneth paid severally by every Recusant for himself and as much for his wife which though one flesh in Divinity yet are two persons in law held so heavy as to cripple their estates And as the rich hereby were almost undone so the poore Papists who also had souls to save pass'd wholy unpunished paying nothing because unable to pay all the penalty And although imprisonment was imposed by law on persons not solvable yet officers were unwilling to cast them into goale where they might lie and fill the goals and rot without hopes of enlargement 10. Larger were the debates both then Arguments pro and con whether Jesuites are to be put to death and since in discourse and writing about the capital punishment in taking away the lives of Jesuites Some being zealous for the vigorous execution of those laws and others as earnest for the confining only of Jesuits close prisoners during theirlife conceiving it conducing most to the tranquillity of the Kingdom But see their reasons It is safest for England with vigour and rigour to inspirit the laws and put Jesuits to death It is safest for England to keep Jesuits in perpetual durance without taking away their lives 1. Their breath is contagious to English aire whose appearance in any Protestant-State Anno Dom. 1580 is as sure a presage as the playing of Porpaises above water that foul weather is to follow therein 1. All sinners are not Devils Anno Regin Eliza. 23. and all Devils are not Beelzebubs Some Priests and Jesuits are of a milder temper and better metall'd who by moderation may be melted into amendment 2. It would render the reputation of our State lighter in the balance of the best friends thereof if it should enact severe laws against offendors and then hang those laws up like forfeits in a Barbers shop only to be look'd on and laugh'd at as never put in execution What was this but to make the sword of justice which ought alwayes to be kept keen sharp but to be like fencers swords when they play in jeast-earnest having the edge dunted and the point button'd up Might not felons and murderers even with some justice promise much mercy unto themselves whose offences are terminated in spoiling or killing of particular persons if Priests and Jesuits publick incendiaries of the State have such mercy indulged unto them 2. The point and edge of the sword of justice understand the law it self may remain as sharp as it was before Only the arme may and ought to strike with lesse strength and use more moderation in inflicting such severe punishments The most whole-some laws would be poison justice hot in the fourth degree is cruelty if enforced at all times and on all persons to the utmost extremity Let the law stand unrepeal'd only some mitigation be used in the execution thereof 3. Favour in this kinde indulged to Jesuits would be generally misinterpreted to proceed not from Her Majesties pitty but either from Her fearfulness as not daring longer to enrage the Popish party or from Her Guiltiness Who out of remorse of conscience could not finde in Her heart to execute such cruel laws as She had enacted 3. Princes ought not to be affrighted from doing what is good and honourable in it self with the scare-crows of peoples misinterpretations thereof If such misconstructions of Her Majesties mercy be taken up wilfully let such persons bear the blame and shame of their voluntary and affected errours If they be only ignorant mistakes of ingenuous persons time will rectifie their judgements and beget in them a better opinion of Her Majesties proceedings However better it is that the Queens lenity should hazard such misconstructions thereof than that otherwise She should be certainly censured for cruelty and the State taxed as desirous to grow fat by sucking the blood of Catholicks 4. This in all probability will be the most effectuall course to extirpate Jesuitisme out of the land For their Superiours beyond the seas seeing all such as they send hither impartially cut off by the hand of justice will either out of pity forbear for the future to thrust moe men into the jaws of death or else such subject-Jesuits out of policy will refuse to be sent by them on unavoidable destruction 4. It will rather be the way to continue and increase the same The blood of Martyrs whether real or reputed is the seed of that Church true of false in maintenance whereof they lose their lives We know clamorouness and multitude do much in crying up matters and herein the Papists at home and beyond the seas will play their parts to roare out such men for Martyrs A succession of Jesuits to be sent over will never fail seeing that service amongst erroneous judgements will never want Volunteers where merit of heaven is the believed wages thereof 5. The dead doe not bite and being dispatch'd out of the way are forgotten Whereas if Iesuits be only condemned to perpetual durance their party abroad will be restless in plotting and practizing their brethrens enlargement It is safer therefore to take away subjectum conatus the subject and object of their endeavours by riding them quite out of the way that their complices may despair to relieve them For though prisoners may be rescued with much might dead men cannot be revived without miracle 5. The greater rage moveth to the greater revenge and the greater apprehended injury causeth the greater rage It will rather sharpen the edge of Popish zeal more earnestly to revenge their deaths than to rescue them from durance 6. No precedent could ever yet be produced of any Priest or Jesuite who was converted with imprisonment It is therefore but just that they who will not be mended with the goale should be ended with the gallows 6. Though the instance cannot be given of any Priest of Jesuite who hath totally renounced his religion yet some have been made semi-converts
as at London at Terms and Parliament times in Oxford at the Act in Cambridg at the times of Commencement and Sturbridge-fair and also more particular and Provinciall Synods and at Classes or Conferences of certain selected Ministers in one or moe places of sundry severall shires as Warwick Northampton Râ—tland Oxford Leicester Cambridge Norfolke Suffolke Essex and others 27. Item that at such Synods and Conferences it hath been concluded that all the Ministers which should be received to be either of the said generall Synods or of any more particular and Provincial or of a Classis or Conference should subscribe to the said Discipline that they did allow it would promote it practise it and be governed by it And according to the form of a schedule hereunto annexed or such like both he the said Thomas Cartwright and many others at sundry or some generall Assemblies as at Provincial and at several conferences have within the said time subscribed the same or some part thereof 28. Item that at such Synods and all other Assemblies a moderator of that meeting was first by him and them chosen according to the prescription of the said book And at some of such meetings and Assemblies amongst other things it was resolved and concluded that such particular conferences in severall Shires should be erected how many persons and with what letters from every of them should be sent to the generall Assembly and that one of them at their coming home to their Conference should make known the determinations of the generall Assembly to be by every of them followed and put in practice which course in sundry places of this Realm hath within the time aforesaid been accordingly followed and performed 29. Item that he with others in some such Classis or Conference or in a Synod Anno Dom. 1590. Anno Regin Eliza. 33. or more generall Assembly holden did treat and dispute among other points these six Articles conteined in another schedule annexed and set down their resolution and determination of them 30. Item that he with others assembled in such a generall Assembly or Synod at Cambridge did conclude and decree as in another schedule annexed or in some part thereof is conteined which decrees were made known afterwards at Warwick to sundry Classes there by his means assembled and allowed also by them then met together in the same or like form 31. Item that all such severall meetings Synods and Conferences within the said time many other determinations as well what should be done and performed or omitted as also what should be holden consonant to Gods word or disagreeing from it have been set down by the said Thomas Cartwright and others As namely that all admitted to either Assembly should subscribe the said book of Discipline Holy and Synodicall that those who were sent from any Conference to a Synod should bring letters fiduciarie or credence that the last Moderator should write them that the superscription thereof should be to a known man of the Assembly then to be holden that no book made by any of them should be put in print but by consent of the Classis at least that some of them must be earnest and some more milde and temperate whereby there may be both of the spirit of Elias and Elizeus that all admitted amongst them should subscribe and promise to conform themselves in their proceedings administration of Sacraments and of Discipline to the form of that Book and that they would subject themselves to the censuring of the Brethren both for doctrine and life and lastly that upon occasion when any their brethren shall be sent by them upon affairs of the Church as to the great meetings Parliament c. they all would bear their charges in common that there might be no superiority amongst them and that the Moderatorship as it happ'ned is not a superiority or honour but a burden that no profane writer or any other than Canonical Scripture may be alledged in Sermons that they should all teach that the ministry of those who did not preach is no ministry but a meer nullity that it is not lawfull to take any oath whereby a man may be driven to discover any thing penal to himself or to his brother especially if he be perswaded the matter to be lawfull for which the punishment is like to be inflicted or having taken it in this case need not discover the very truth that to a Bishop or other Officer ecclesiasticall as is used now in the Church of England none obedience ought to be given neither in appearing before them in doing that which they command nor in abstaining from that which they inhibit that in such places as the most of the people favoured the cause of sincerity Eldership should warily and wisely be placed and established which Consistory in some places hath been either wholy or in part erected accordingly yea in some Colledges in the University as he knoweth hath heard or verily beleeveth These Articles were tendered to M r. Cartwright in the Consistory of Pauls before John Almare Bishop of London the two Lord Chief Justices Justice Gawdy Sergeant Puckering afterwards Lord keeper and Attorney-Generall Popham 28. Mr. Cartwright refuseth to answer an oath These Commissioners did move him to give in his answer the rather because the chief points in the Jnterrogatories were delivered in general terms unto him and they severally assured him on their credits that by the Laws of the Realm he was to take his oath and to answer as he was required But M r. Cartwright desired to be born withall pleading that he thought he was not bound by the laws of God so to do Hereupon he was sent to the rest of his brethren to the Fleet where he secretly and silently took up his lodging many admiring at the pannick peaceableness and so quiet a calm where so violent a tempest was feared to arise 29. Wigington his ridling words Some soon after expected the appearance of the Presbyterian party Nov. 6. accounting it more valour to free than to keep their friends from prison The rather because of a passage in a letter of M r. Wigingtons to one M r. Porter at Lancaster M r. Cartwright is in the Fleet for the refusall of the oath as I hear and M r. Knewstubs is sent for and sundry worthy Ministers are disquieted who have been spared long So that we look for some Bickering ere long and then a Battle which cannot long endure Words variously expounded as mens fancies directed them Some conceived that this Bickering and Battle did barely import a passive conflict wherein their patience was to encounter the power of their adversaries and to conquer by suffering Parallel to the Apostles a 2 Cor. 7. 5. words Without were fightings meaning combats to wrastle with in many difficulties opposing their proceedings Others expounded the words literally not of a tame but wilde Battle and of some intended violence as if shortly they would
in the Church-yard of S t George's in Southwark not far from Bishop Bonners grave So near may their bodies when dead in positure be together whose mindes when living in opinion were farr asunder Nor have I ought else to observe of him save that I am informed that he was father of Ephraim Vdal a solid and pious Divine dying in our dayes but in point of discipline of a different opinion from his father 6. H. B. I. G. I. P. executed And now the Sword of Justice being once drawn it was not put up again into the Sheath before others were executed For Henry Barrow Gentleman Marc. 31. and John Greenwood Clerk who some dayes before were indicted of felony at the Sessions Hall without Newgate before the L rd Major and the two chief Justices Stew his Chronicle pag. 265. for writing certain Seditious Pamphlets were hanged at Tyburn And not long after John Penry a Welchman was apprehanged at Stebunhith by the Vicar thereof arraigned and condemned of felony at the Kings-Bench at Westminster for being a principal penner and publisher of a libellous Book called Martin-mar-prelates and executed at S t Thomas Waterings Daniel Studely Girdler Saxio Billot Gentleman and Robert Bowley Fishmonger were also condemned for publishing scandalous Books but not finding their execution I beleeve them reprieved and pardoned 7. The Queens last coming to Oxford About this time if not somewhat sooner for my enquiry cannot arrive at the certain date Queen Elizabeth took her last farewell of Oxford where a Divinity Act was kept before her on this question Whether it be lawfull to dissemble in matters of Religion One of the opponents endeavoured to prove the affirmative by his own example who then did what was lawfull and yet he dissembled in disputing against the Truth Sr I. Harrington in his additional supply to Bp. Godwin p. 134. the Queen being well pleased at the wittines of the Argument D r Westphaling who had divers years been BP of Hereford coming then to Oxford closed all with a learned determination wherein no fault except somewhat too copious not to so say tedious at that time her Highness intending that night to make a Speech and thereby disappointed 8. 37. 1594. Next day her Highness made a Latin oration to the Heads of Houses Her Latin Oration on the same token she therein gave a check to D r Reynolds for his non-conformity in the midst whereof perceiving the old Lord Burileigh stand by with his lame legs she would not proceed till she saw him provided of a stool a Idem p. 136. and then fell to her speech again as sensible of no interruption having the Command as well of her Latin tongue as of her loyal Subjects 9. John Pierce Arch-Bishop of York ended his life Dean of Christ-Church in Oxford Bishop of Rochester Sarisbury and Arch-Bishop of York When newly beneficed a young man in Oxford-shire he had drowned his good parts in drunkenness conversing with his country parishioners but on the confession of his fault to a grave Divine reformed his conversation so applying himself to his studies that he deservedly gained great preferment and was highly esteemed by Queen Elizabeth whose Almoner he continued for many years and he must be a wise and good man whom that thrifty Princess would intrust with distributing her mony He was one of the most grave and reverent prelates of his age and after his reduced life so abstemious that his Physitian in his old age could not perswade him to drink wine So habited he was in sobriety in detestation of his former excess 10. The death of Bp. Elmar The same year died John Elmar Bishop of London bred in Cambridge well learned as appeareth by his Book titled the Harborough of Princes One of a low stature but stout spirit very valiant in his youth and witty all his life Once when his Auditory began at sermon to grow dull in their attentions he presently read unto them many verses out of the Hebrew Text whereat they all started admiring what use he meant to make thereof Then shewed he them their folly that whereas they neglected English whereby they might be edified they listened to Hebrew whereof they understood not a word Anno Dom. 1594. Anno Regin Eliza. 37. He was a stiff and stern champion of Church Discipline on which account none more mocked by Martin Mar-Prelate or hated by Non-conformists To his eldest son he left a plentiful estate and his second a D r of Divâ—nity was a worthy man of his profession 11. The death of Wâ—ll Reginald But of the Romanists two principal Pillars ended their lives beyond the Seas First William Reginald alias Rose born at a Pâ—â—zaeus de illustribus Angliae Scriptoribus in Anno 1594. Pinho in Devon-shire bred in Winchester School then in New-Colledge in Oxford Forsaking his Country he went to Rome and there solemnly abjur'd the Protestant Religion and thereupon was permitted to read a favour seldome or never bestowed on such novices any Protestant Books without the least restriction presuming on his zeal in their cause From Rome he removed to Rhemes in France where he became professor of Divinity and Hebrew in the English Colledge where saith my b Idem ibidem Author with studying writing and preaching against the Protestants perchance he exhausted himself with too much labour and breaking a vein almost lost his life with vomiting of blood Recovering his strength he vow'd to spend the rest of his life in writing against Protestants and death at Antwerp ceased on him the 24 th of August the 50 th year of his age as he was a making of a book called Calvino-Turcismus which after by his dear friend William Gifford was finished set forth and dedicated to Albert Duke of Austria 12. The death of Cardinal Allen. William Allen commonly called the Cardinall of England followed him into another world born of honest Parents and allied to noble Kindred in Lancashire Brought up at Oxford in Oriall Colledge where he was Proctor of the University in the dayes of Queen Mary and afterwards Head of S t Mary-Hall and Canon of Yorke But on the change of Religion he departed the land and became Professor of Divinity at Doway in Flanders then Canon of Cambray Master of the English Colledge at Rhemes made Cardinall 1587. August the 7 th by Pope Sixtus Quintus the King of Spain bestowing on him an c Camd. Eliz. in hoc Anno. Abby in the Kingdom of Naples and nominating him to be Arch-Bishop of Machlin But death arrested him to pay the debt to Nature d Pitzaeus de illust Aâ—g Script pag. 793 October 16 th and he was buried in the Church of the English Colledge at Rome This is that Allen whom we have so often mentioned conceived so great a Châ—mpion for their Cause that Pope Gregory the 13 th said to his Cardinalls e
to Scripâ—ure long difused and neglected now seasonably revived for the encrease of piety Others conceived them grounded on a wrong bottome but because they tended to the manifest advance of Religion it was pitty to oppose them seeing none have just reason to complain being deceived into their own good But a third sort flatly fell out with these positions as galling mens necks with a jewish yoak against the liberty of Christians That Christ as Lord of the Sabbath had removed the Rigour thereof and allowed men lawfull recreations That this Doctrine put an unequall Lustre on the Sunday on set purpose to eclipse all other Holy dayes to the derogation of the authority of the Church That this strickt observance was set up out of Faction to be a Character of Difference to brand all for libertines who did not entertain it 22. Tho Rogers first publickly opposeth Dr Bounds opinions However for some years together in this controversie D r Bound alone carried the Garland away none offering openly to oppose and not so much as a feather of a quill in print did wag against him Yea as he in his second edition observeth that many both in their Preachings Writeings and Disputations did concurr with him in that argument and three several profitable treatises one made by M r Greenham were within few years successively written by three godly learned a Dr Bound in his preface to the Reader 2 edition Ministers But the first that gave a check to the full speed of this doctrine was Thomas Rogers of Horningâ—r in Suffolk in his preface to the Book of Articles And now because our present age begins to dawn and we come within the view of that Truth whose footsteps heretofore we only followed at distance I will interpose nothing of my own but of an historian only turn a Notarie for the behoof of the Reader faithfully transcribing such passages as we meet with in order of time Notwithstanding what the b Rogers preface to the Articles Parag. 20. Brethren wanted in strength and learning they had in wiliness and though they lost much one way in the general and main point of their Discipline yet recovered they not a little advantage another way by an odde and new device of theirs in a special Article of their Classical instructions For while worthies of our Church were employing their engins and forces partly in defending the present Government Ecclesiastical partly in assaulting the Presbyterie and new discipline even at that very instant the Brethren knowing themselves too weak either to overthrow our holds and that which we hold or to maintain their own they abandoned quite the Bulwarks which they had raised and gave out were impregnable suffering us to beat them down without any or very small resistance and yet not careless of their affairs left not the Warrs for all that but from an odde corner and after a new fashion which we little thought of such was their cunning set upon us a fresh again by dispersing in Printed Books which for tenn years space before they had been in hammering among themselves to make them compleat their Sabbath speculations and Presbyterian that is more then either kingly or Popely Directions for the observation of the Lords day And in the next page he c Idem Parag. 23. proceedeth It is a comfort unto my soule and will be till my dying hour that I have been the man and the means that the Sabatarian errors and impieties are brought into light and knowledge of the state whereby whatsoever else sure I am this good hath ensued namely that the said Books of the Sabbath comprehending the above-mentioned and many moe such fearfull and heretical assertions hath been both called in and forbidden any more to be printed and made common Your Graces predecessor Arch-Bishop Whitgift by his letters and officers at Synods and Visitations Anno 1599. did the one and S r John Popham Lord chief Justice of England at Bury S t Edmonds in Suffolk Anno 1600. did the other But though both Minister and Magistrate joyntly endeavoured to suppress Bounds Book with the Doctrine therein contained yet all their care did but for the present make the Sunday set in a cloud to arise soon after in more brightness As for the Arch-Bishop his known opposition to the proceedings of the Brethren rendered his Actions more odious as if out of envie he had caused such a pearl to be concealed As for Judge Popham though some conceived it most proper for his place to punish fellonious Doctrines which robbed the Queens subjects of their lawfull liberty and to behold them branded with a mark of Infamie yet others accounted him no competent Judge in this controversie And though he had a dead hand against offenders yet these Sabbatarian Doctrines though condemned by him took the priviledge to pardon themselves and were published more generally then before The price of the Doctors Book began to be doubled as commonly Books are then most called on when called in and many who hear not of them when printed enquire after them when prohibited and though the Books wings were clipt from flying abroad in print it ran the faster from friend to friend in transcribed Copies and the Lords day in most Places was most stricktly observed The more liberty people were offered the less they used it refusing to take the freedom Authority tendered them For the vulgar sort have the Actions of their Superiors in constant jealousie suspecting each gate of their opening to be a Trap every Hole of their Diging to be a Mine wherein some secret train is covertly conveyed to the blowing up of the Subjects liberty which made them almost afraid of the recreations of the Lords day allowed them and seeing it is the greatest pleasure to the minde of man to do what he pleaseth it was sport for them to refrain from sports whilst the forbearance was in themselves voluntary arbitrary and elective not imposed upon them Yea six years after Bounds Book came forth with enlargements publickly sold and scarce any comment Catechism or controversie was set forth by the stricter Divines wherein this Doctrine the Diamond in this Ring was not largely pressed and proved so that as one saith the Sabbath it self had no rest For now all strange and unknown writers without further examination passed for friends and favourites of the Presbyterian party who could give the word and had any thing in their Treatise tending to the strict observation of the Lords day But more hereof God willing in the 15 th year of K. JAMES 23. Now also began some opinions about Predestination The Articles of Lambeth Freewill Perseverance c. much to trouble both the Schools and Pulpit Whereupon Arch-Bishop Whitgift out of his Christian care to propagate the truth and suppress the opposite errours caused a solemn meeting of many grave and learned Divines at Lambeth where besides the Arch-Bishop Richard Bancroft Bishop of London Richard Vaughan
soever under the degree of a Bishop or Dean at the least doe from henceforth presume to preach in any popular Auditory deep points of Predestination Election Reprobation or of the Universality Efficacy Resistibility or Irresistibility of GODS grace but leave those themes rather to be handled by the Learned men and that moderately and modestly by way of Use and Application rather than by way of Positive Doctrines being fitter for the Schools than for simple Auditories 4. That no Preacher of what title or denomination soever from henceforth shall presume in any Auditory within this Kingdome to declare limit or bound out by way of Positive Doctrine in any Lecture or Sermon the Power Prerogative and Jurisdiction Authority or Duty of Sovereign Princes or otherwise meddle with matters of State and the differences between Princes and the People than as they are instructed and precedented in the Homilies of Obedience and the rest of the Homilies and Articles of Religion set forth as before is mentioned by publique Authority but rather confine themselves wholly to those two heads of faith and good life which are all the subjects of the antient Sermons and Homilies 5 That no Preacher of what title or denomination soever shall presume caussesly or without invitation from the Text to fall into bitter investives and undecent railing speeches against the persons of either Papists or Puri tans but modestly and gravely when they are occasioned thereunto by the Text of Scripture free both the Doctrine and the Discipline of the Church of England from the aspersions of either Adversaries especially where the Auditory is suspected to be tainted with the one or the other infection 6. Lastly that the Archbishops and Bishops of the Kingdome whom His Majestie hath good cause to blame for their former remisness be more wary and choice in their licensing of Preachers and revoke all Grants made to any Chancellour Official or Commissary to passe Licences in this kinde and that all the Lecturers throughout the Kingdome of England a new body severed from the antient Clergy as being neither Parsons Vicars nor Curates be licensed henceforward in the Court of Faculties but onely from a Recommendation of the party from the Bishop of the Diocese under his hand and seale with a Fiat from the L. Archbishop of Canterbury a Confirmation under the Great Seal of England And that such as doe transgresse any one of these Directions be suspended by the Bishop of the Diocesse or in his default by the Archbishop of the Province ab Officio Beneficio for a year and a day untill his Majestie by the advice of the next Convocation shall prescribe some farther punishment 5. No sooner were these the Kings Declarations dispersed into every Diocesse Various censures on the Kings Letters but various were mens opinions thereof Some counted it a cruell act which cut off half the preaching in England all afternoon-ermons at one blow Others thought the King did but Uti jure suo doing not onely what in justice He might but what in prudence He ought in this juncture of time But hear what I have heard and read in this case Objections Answers 1. Christ grants Ministers their Commission Go teach all Nations S. Paul corroborates the same Preach the word be instant in season out of season Man therefore ought not to forbid what God enjoyns 2. This is the way to starve soules by confining them to one meale a day or at the best by giving them onely a messe of milk for their supper and so to bed 3. Such as are licensed to make Sermons may be intrusted to choose their own Texts and not in the Afternoons to be restrained to the Lords Prayer Creed and ten Commandements 4. In prohibiting the preaching of Predestination man makes that the forbidden fruit which God appointed for the tree of life so cordial the comforts contained therein to a distressed conscience 5. Bishops and Deans forsooth and none under their dignity may preach of Predestination What is this but to have the word of God in respect of persons As if all discretion were confined to Cathedral men and they best able to preach who use it the least 6. Papists and Puritans in the Kings Letters are put into the same ballance and Papists in the prime scale first named as preferred in the Kings care chiefly to secure them from Invectives in Sermons 7. Lecturers are made such riddles in the Kings Letters reduceable to no Ministerial function in England Whereas indeed the flower of piety and power of godlinesse flourished most in those places where such Preachers are most countenanced 1. Ministers if commanded not at all to speak or teach in the name of Jesus are with the Apostles to obey God rather than man But vast the difference betwixt a total prohibition and as in this case a prudential regulation of preaching 2. Milk catechetical Doctrine is best for babes which generally make up more than a moyety of every Congregation 3. Such restraint hath liberty enough seeing all things are clearly contained in or justly reducible to these three which are to be desired believed and performed 4. Indeed Predestination solidly and soberly handled is an antidote against despair But as many ignorant Preachers ordered it the cordial was turned into a poyson and therefore such mysteries might well be forborn by mean Ministers in popular Congregations 5. It must be presumed that such of necessity must be of age and experience and may in civility be believed of more than ordinary learning before they attained such preferment Besides Cathedrall Auditories being of a middle nature for understanding as beneath the University so above common City and Country Congregations are fitter for such high points to be preached therein 6. The Kings Letter looks on both under the notion of guilty persons Had Puritans been placed first such as now take exception at their post-posing would have collected that the King esteemed them the greatest offenders 7. Lectures are no creatures of the Church of England by their original like those mixed kinds little better than monsters in nature to which God as here the State never said multiply and encrease and therefore the King had just cause to behold them with jealous eyes who generally supplanted the Incumbents of Livings in the affections of their Parishioners and gave the greatest growth to Non-conformity These Instructions from His Majestie were not pressed with equall rigour in all places seeing some over-active Officials more busie than their Bishops tied up Preachers in the Afternoon to the very letter of the Catechisme questioning them if exceeding the questions and answers therein as allowing them no liberty to dilate and enlarge themselves thereupon 6. Expect not of me a particular account of the politick intricacies touching the Spanish Match A needlesse subject waved or no Match rather First because Spanish and so alien from my subject Secondly because the passages thereof are so largely and publickly in print
witnesses Henceforward 〈…〉 all his first information which from this day sunk 〈◊〉 silence and employed all his power on the proof of Subornation That 〈…〉 too hard for his Teeth to enter and fastned his fangs on a softer place so to pinch the Bishop to purpose yea so expensive was the suit that the Bishop well skilled in the charge of charitable works might with the same cost have built and endowed a small Colledge 84. Some daies before she hearing a Noble Lord of his Majesties Councell In 〈…〉 with the King the Bishops great Friend interposed himself to compound the matter prevailing so farre that on his payment of two thousand pound the Suit should be superseded in the Star-Chamber and he freed from further molessation But at this Lords return the price was risen in the market and besides the aforesaid 〈◊〉 it was demanded of him that to procure his peace he must part with his Deanery of Westminster Parsonage or Walgrave and Prebend of Lincoln which he kept in commendam To this the Bishop answered that he would in no base forgoe those few remainders of the favour which his dead master King James had conferred 〈◊〉 him 85. Not long after another bargain was driven frustrated therein by his great Adversary by the well intended endeavours of the same Lord that seeing his Majesty at that time had much occasion of moneys if he would but double the former summe and lay down four thousand pounds he should be freed from further trouble and might goe home with all his 〈◊〉 about him The Bishop returned that he took no delight 〈◊〉 at law with his Soveraign and thankfully embracing the motion prepared himself for the payment When a great Adversary stepping in so violented his Majesty to a Tryall that all was not onely frustrated but this afterwards urged against the Bishop to prove him conscious of a crime from his forwardness to entertain a composition 86. The day of censure being come July 11. Tuesday Sir John Finch Lord chief Justice fined the Bishop ten thousand pound for tempering to suborn Witnesses His heavy censure Secretary Windebank concurred with that little Bell being the lowdest and shrillest in the whole peaâ— as who alone motioned to degrade him which was lustily pronounced by a Knight and Layman having no precedent for the same in former ages The other Lords brought the fine downe to eight thousand pound and a thousand marks to Sir John Munson with suspension ab officio et beneficio and imprisoning him during the Kings pleasure The Earl of Arundell added that the cause in its self was extraordinary not so much prosecuted by the Atturney as immediately by the King himself recommended to their justice Manchester Lord privy Seal said that this was the first precedent wherein a Master had undone himself to save his Servant 87. The Archbishop of Canterbury did consent thereunto To which the Archbishop of Canterbury did concurre aggravating the fault of subornation of perjury with a patheticall speech of almost an houre long shewing how the world was above three thousand years old before ripe enough to commit so great a wickedness and Jesabell the first in Scripture branded with that infamie whose false Witnesses the holy Spirit refused to name otherwise than under the Character of Men of Belial Wherefore although as he said he himself had been five times down on his knees to his Majesty in the Bishops behalf yet considering the guilt so great he could not but agree with the heaviest censure And although some Lords the Bishops Friends as Treasurer Weston Earl of Dorset c. concurred in the fine with hope the King should have the sole honor of the mitigation thereof yet his Majesties necessaries meeting with the person adjudged guilty and well known for solvable no wonder if the utmost penny of the fine was exacted 88. At the same time were fined with the Bishop Three of his Servants fined with 〈◊〉 George Walker his Secretary Cadwallader Powell his Steward at three hundred pounds a piece and Thomas Lund the Bishop his Servant at a thousand 〈◊〉 all as 〈◊〉 in the same cause yet none of them was imprisoned save Lund for a few weeks and their fine never called upon into this day which the Bishop said was commuted into such Office as hereafter they were go doe in the favour of Kilvert 7. To make this our History entire The complaints against the unjust proceedings against him put in by the Bishop into the Parliament the matter in this particular suite Be it therefore known to the Reader than some foure years after 〈◊〉 1640 when this Bishop was fetch out of the Tower and restored a Peer in Parliament he there in presented severall grievances concerning the indirect prosecution of this cause against him whereof these the principall First that his Adversaries utterly waâ—ed and declined the matter of their first Information about revealing the Kings secrets as hopeless of success therein and sprung a new mine to blow up his credit about perjury in the examination of Witnesses Whereas he conceived it just that all accidentalls and occasionalls should sink with the substance of the accusation otherwise suits would be endless if the branches thereof should still survive when the root doth expire * These complaints I extracted out of the Bishop his Originall Secondly that he was deprived of the benefit of bringing in any exceptions against the Testimonies of Sir John Lambe and Dr. Sibthorp to prove their combination against him because they deposing pro Domino Rege nonâ— must impeach the credit of the Kings Witnesses who must be reputed holy and sacred in what they 〈◊〉 in so much that after Briefs were drawn by Counsells on both sides the Court was moved to expunge those Witnesses which made most against the King and for the Defendant Thirdly that Kilvert used all wayes to menace and intimidate the Bishop his Witnesses frighting them as much as he could out of their own consciences with dangers presented unto them To this purpose he obtained from Secretary Windebank that a Messenger of the Star-chamber one Pechye by name was directed to attend him all along the speeding of the Commission in the Country with his Coat of Armes upon him with power to apprehend and close imprison any person whom Kilvert should appoint pretending from the Secretary Warrants for matters of State and deep consequence so to doe by vertue whereof in the face of the Commission he seised on and committed George Walker and Thomas Lund two materiall Witnesses for the Bishop and by the terror thereof chased away many more whose Depositions were necessary to the clearing of the Bishop his integrity yet when the aforesaid two Prisoners in the custody of the Messenger were produced before Secretary Winebank he told them he had no matters of State against them but turned them over to Kilvert wishing them to give him satisfaction and were not permitted
Scotland and the people dwelling by have an old Rythme If * Camdens Brit. in Cumber p. 7â—7 Skiddaw hath a Cap Scrussle wotâ—s full well of that Meaning that such the vicinity and as I may say sympathy betwixt these two Hills that if one be sick with a mist of clouds the other soon after is sad on the like occasion Thus none seeing it now foul weather in Scotland could expect it fair sunshine in England but that she must share in the same miseries as soon after it came to passe 10. Let those who desire perfect information hereof March 27. satisfy themselves The Reader referred to other Authors from such as have or may hereafter write the History of the State In whom they shall find how King Charles took his journey Northward June 17. against the Scottish Covenanters How some weeks after on certain conditions a Peace was concluded betwixt them How his Majesty returned to Londons and how this palliated cure soon after brake out again more dangerous than ever before 11. In these distracted times a Parliament was called with the wishes of all April 13 Monday and hopes of most that were honest A Parliament and Convocation called yet not without the feares of some who were wise what would be the successe thereof With this Parliament began a Convocation all the mediate transactions for ought I can finde out are embezled and therein it was ordered that none present should take any private notes in the House whereby the particular passages thereof are left at great uncertainty However so far as I can remember I will faithfully relate being comforted with this consideration that generally he is accounted an unpartial Arbitratour who displeaseth both sides 12. On the first day thereof Dr. Turner Doctor Turneâ— his text and Sermon Chaplain to the Archbishop of Canterbury 14. Tuesd made a Latine Sermon in the Quire of St. Pauls His text Matth. 10. 16. Behold I send you forth as Sheep in the mid'st of Wolves In the close of his Sermon he complained that all Bâ—shops held not the reins of Church-discipline with an even hand but that some of them were too easie and remiss in the ordering thereof Whereby whiles they sought to gain to themselves the popular praise of meeknesse and mildnesse they occasionally cast on other Bishops more severe then themselves the unjust imputation of rigour and tyranny and therefore he advised them all with equall strictness to urge an universal conformitie The effect of the Archbishopâ— Latâ—n speech Sermon ended we chose Dr. Stewart Dean of Chichester Prolocutor 13. 17. Friday Next day of sitting we met at Westminster in the Chappell of King Henry the seventh both the Houses of Convocation being joyned together Anno Dom 1640 when the Archbishop of Canterbury entertained them with a Latin Speech Anno Regis Caroli 16 welnigh three quarreâ—s of an hour gravely uttered his eies oft-times being but one remove from weeping It consisted most of generals bemoaning the distempers of the Church but concluded it with a speciall passage acquaining us how highly we were indebted to his Majesties favour so far intrusting the integrity and ability of that Convocation as to empower them with his Commission the like whereof was not granted for may yeers before to alter old or make new Canons for the better government of the Church 14. Some wise men in the Convocation began now to be jealous of the event of new Canons The just suspicions of wise men yea became fearfull of their own selves for having too great power lest it should tempt them to be over tampering in innovations They thought it better that this Convocation with its predecessors should be censured for lazinesse and the solemn doing of just nothing rather than to runne the hazard by over activity to doe any thing unjust For as waters long dammed up oft-times flownce and flâ—e out too violently when their sluces are pulled up and they let loose on a sudden so the judicious feared lest the Convocation whose power of meddling with Church-matters had been bridled up for many yeers before should now enabled with such power over-act their parts especially in such dangerous and discontented times Yea they suspected lest those who formerly had outâ—runne the Canons with their additionall conformitie ceremonizing more then was enjoyned now would make the Canons come up to them making it necessary for others what voluntarily they had prepractised themselves 15. Matters began to be in agitation The Parliament suddenly dissolved May 5 when on a sudden the Parliament wherein many things were started nothing hunted down or brought to perfection was dissolved Whilest the immediate cause hereof is commonly cast on the King and Court demanding so many Subsidies at once England being as yet unacquainted with such prodigious payments the more conscientious look higher and remoter on the crying sinnes of our Kingdome And from this very time did God begin to gather the twiggs of that rod a civill warr wherewith soon after he intended to whip a wanton nation 16. Next day the Convocation came together Yet the Convocation still continues 6 as most supposed meerly meeting to part and finally to dissolve themselves When contrary to generall expectation it was motioned to improve the present opportunity in perfecting the new Canons which they had begun And soon after a new Commission was brought from his Majesty by virtue whereof we were warranted still to sit not in the capacity of a Convocation but of a Synod to prepare our Canons for the Royall Assent thereunto But Doctor Brownrigg Doctor Hacket Doctor Holesworth Master Warmistre with others to the number of thirty six the whole House consisting of about six score earnestly protested against the continuance of the Convocation 17. These importunately pressed that it might sink with the Parliament A party dissents and protests against the continuance thereof it being ominous without precedent that the one should survive when the other was expired To satisfy these an Instrument was brought into Synod signed with the hands of the Lord Privy-Seal the two chief Justices and other Judgâ—s justifying our so sitting in the nature of a Synod to be legal according to the Lawes of the Realm It ill becometh Clergy-men to pretend to more skill in the Lawes then so learned Sages in that profession and therefore unpartiall judgements may take off from the fault of the followers and lay it on the leaders that this Synod sate when the Parliament was dissolved This made the aforesaid thirty six dissenters though solemnly making their orall protests to the contrary yet not to dissever themselves or enter any act in Scriptis against the legality of this Assembly the rather because they hoped to moderate proceedings with their presence Surely some of their own coat which since have censured these dissenters for cowardly compliance and doing no more in this cause would have
May 21. The second May 24 anno 1641. moneths before yet for the entirenesse of the History may now seasonably be inserted I shall take the boldnesse to speak a word or two upon this subject first as it is in it self then as it is in the consequence For the former I think he is a great stranger in Antiquity that is not well acquainted with that of their sitting here they have done thus and in this manner almost since the conquest and by the same power and the sameright the other Peers did and your Lordships now doe and to be put from this their due so much their due by so many hundred yeers strengthned and confirmed and that without any offence nay pretence of any seems to me to be very severe if it be jus I dare boldly say it is summum That this hinders their Ecclesiasticall vocation an argument I hear much of hath in my apprehension more of shadow than substance in it if this be a reason sure I am it might have been one six hundred yeers agoe A Bishop my Lords is not so circumscribed within the circumference of his Diocesse that his sometimes absence can be termed no not in the most strict sense a neglect or hinderance of his duty no more then that of a Lieutenant from his County they both have their subordinate Ministers upon which their influences fall though the distance be remote Besides my Lords the lesser must yeeld to the greater good to make wholsome and good Lawes for the happy and well regulating of Church and Common-wealth is certainly more advantagious to both then the want of the personall execution of their office and that but once in three yeers then peradventure but a month or two can be prejudicall to either I will goe no further to prove this which so long experience hath done so fully so demonstratively And now my Lords by your Lordships good leave I shall speak to the consequence as it reflects both on your Lordships and my Lords the Bishops Dangers and inconveniences are ever best prevented è longinquo this Precedent comes neer to your Lordships the bill indeed hath a direct aspect only upon them but an oblique one upon your Lordships and such a one that mutato nomine de vobis Pretences are never wanting nay sometimes the greatest evills appear in the most fair and specious outsides witnesse the Shipmony the most abominable the most illegall thing that ever was and yet this was painted over with colour of the Law What Bench is secure if to alleage be to convince and which of your Lordships can say that he shall continue a member of this House when at one blow six and twenty are cut off It then behoves the Neighbour to look about him cùm proximus ardet Ucalegon And for the Bishops my Lords in what condition will you leave them The House of Commons represents the meanest person so did the Master his Slave but they have none to doe so much for them and what justice can tie them to the observation of those Lawes to whose constitution they give no consent Anno Regis Carol. 17 the wisedome of former times gave proxies unto this House meerly upon this ground that every one might have a hand in the making of that which he had an Obligation to obey This House could not represent therefore proxies in room of persons were most justly allowed And now my Lords 28 before I conclude I beseech your Lordships to cast your eyes upon the Church which I know is most dear and tender to your Lordships you will see her suffer in her most principall members and deprived of that honour which here and throughout all the Christian World ever since Christanity she constantly hath enjoyed for what Nation or Kingdome is there in whose great and publique assemblies 30 and that from her beginning she had not some of hers if I may not say as essentiall I am sure I may say as integrall parts thereof and truly my Lords Christianity cannot alone boast of this or challenge it only as hers even Heathenism claims an equall share I never read of any of them Civill or Barbarous that gave not due honour to their Religion so that it seems to me to have no other originall to flow from no other spring then nature it self But I have done and will trouble your Lordships no longer how it may stand with the honour and justice of this house to passe this Bill I most humbly submit unto your Lordships the most proper and only Judges of them both His second Speech I shall not speak to the preamble of the Bill that Bishops and Clergy-men ought not to intermeddle in temporall affaires For truly My Lords I cannot bring it under any respect to be spoken of Ought is a word of relation and must either refer to Humane or Divine Law to prove the lawfulnesse of their intermedding by the former would be to no more purpose than to labour to convince that by reason which is evident to sense It is by all acknowledged The unlawfulnesse by the later the Bill by no means admits of for it excepts Universities and such persons as shall have honour descend upon them And your Lordships know that circumstance and chance alter not the nature and essence of a thing nor can except any particular from an universall proposition by God himself delivered I will therefore take these two as granted first that they ought by our Law to intermeddle in Temporall affaires secondly that from doing so they are not inhibited by the Law of God it leaves it at least as a thing indifferent And now my Lords to apply my self to the businesse of the day I shall consider the conveniency and that in the severall habitudes thereof But very briefly first in that which it hath to them meerly as men quà tales then as parts of the Commonweale Thirdly from the best manner of constituting Laws and lastly from the practice of all times both Christian and Heathen Homo sum 1. nihil humanum à me alienum puto was indeed the saying of the Comedian but it might well have become the mouth of the greatest Philosopher We allow to sense all the works and operations of sense and shall we restrain reason Must only man be hindred from his proper actions They are most fit to doe reasonable things that are most reasonable For Science commonly is accompanied with conscience so is not ignorance they seldome or never meet And why should we take that capacity from them which God and nature have so liberally bestowed My Lords 2. the politick body of the Common-wealth is analogicall to the body naturall every member in that contributes something to the preservation of the whole the superfluity or defect which hinders the performance of that duty your Lordships know what the Philosopher calls 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 natures sinne And truly my Lord to be part of the
other body and doe nothing beneficiall thereunto cannot fall under a milder term The Common-wealth subsists by Lawes and their execution and they that have neither head in the making nor hand in the executing of them confer not any thing to the being or well being thereof And can such be called members unless most unprofitable ones only fruges consumere nati Me thinks it springs from nature it self 3. or the very depths of justice that none should be tyed by other lawes then himself makes for what more naturall and just then to be bound only by his own consent to be ruled by anothers will is meerly tyrannicall Nature there suffers violence and man degenerates into beast The most flourishing Estates were ever governed by Lawes of an universall constitution witnesse this our Kingdome witnesse Senatus Populusque Romanus the most glorious Common-wealth that ever was and those many others in Greece and elsewhere of eternall memory Some things 4. my Lords are so evident in themselves that they are difficult in their proofs Amongst them I reckon this conveniency I have spoken of I will therefore use but a word or two more in this way The long experience that all Christendome hath had hereof for these 1300. yeers is certainly argumentum ad hominem Nay my Lords I will goe further for the same reason runs through all Religions never was there any Nation that imployed not their religious men in the greatest affairs Anno Regis Caroli 16 But to come to the businesse that now lyes before your Lordships Bishops have voted here ever since Parliaments began and long before were imployed in the publique The good they have done your Lordships all well know and at this day enjoy for this I hope ye will not put them out nor for the evill they may doe which yet your Lordships doe not know and I am confident never shall suffer A position ought not to be destroyed by a supposition à posse ad esse non valet consequentia My Lords I have done with proving of this positively I shall now by your good favours doe it negatively in answering some inconveniences that may seem to arise For the Text Object 1. No man that wars intangles himself with the affairs of this life which is the full sense of the word both in Greek and Latine it makes not at all against them except to intermeddle and intangle be terms equivalent Besides my Lords though this was directed to a Church-man yet it is of a generall nature and reaches to all Clergy and Laity as the most learned and best expositors unanimously doe agree To end this Argumentum symbolicum non est argumentativum It may be said that it is inconsistent with a spirituall vocation Object 2. Truly my Lord Grace and Nature are in some respects incompatible but in some others most harmoniously agree it perfects nature and raises it to a height above the common altitude and makes it most fit for those great works of God himself to make lawes to doe Justice There is then no inconsistency between themselves it must arise out of Scripture I am confident it doth not formally out of any place there nor did I ever meet with any learned writer of these or other times that so expounded any Text. But though in strict terms this be not inconsistent Object 3. yet it may peradventure hinder the duty of their other calling My Lords there is not any that sits here more for preaching then I am I know it is the ordinary means to salvation yet I likewise know there is not that full necessity of it as was in the primitive times God defend that 1600 yeers acquaintance should make the Gospell of Christ no better known unto us Neither my Lords doth their office meerly and wholly consist in preaching but partly in that partly in praying and administring the blessed Sacraments in a godly and exemplary life in wholsome admonitions in exhortations to vertue dehortations from vice and partly in easing the burthened conscience These my Lords compleat the office of a Churchman Nor are they altogether tyed to time or place though I confesse they are most properly exercised within their own verge except upon good occasion nor then the omission of some can be termed the breach of them all I must add one more an essentiall one the very form of Episcopacy that distinguisheth it from the inferiour Ministery the orderly and good government of the Church and how many of these I am sure not the last my Lords is interrupted by their sitting here once in 3 yeers and then peradventure but a very short time and can there be a greater occasion than the common good of the Church and State I will tell your Lordships what the great and good Emperour Constantine did in his expedition against the Persians he had his Bishops with him whom he consulted about his military affairs as Eusebius has it in his life lib. 4. c. 56. Reward and punishment are the great negotiators in all worldly businesses Object 4. these may be said to make the Bishops swim against the stream of their consciences And may not the same be said of the Laity Have these no operations but only upon them Has the King neither frown honour nor offices but only for Bishops Is there nothing that answers their translations Indeed my Lords I must needs say that in charity it is a supposition not to be supposed no nor in reason that they will goe against the light of their understanding The holinesse of their calling their knowledge their freedome from passions and affections to which youth is very obnoxious their vicinity to the gates of death which though not shut to any yet alwayes stand wide open to old age these my Lords will surely make them steer aright But of matter of fact there is no disputation Object 5. some of them have done ill Crimine ab uno disce omnes is a poeticall not a logicall argument Some of the Judges have done so some of the Magistrates and Officers and shall there be therefore neither Judge Magistrate nor Officer more A personall crime goes not beyond the person that commits it nor can anothers fault be mine offence If they have contracted any filth or corruption through their own or the vice of the times cleanse and purge them throughly But still remember the great difference between reformation and extirpation And be pleased to think of your Trienniall Bill which will save you this labour for the time to come fear of punishment will keep them in order if they should not themselves through the love of vertue I have now my Lords according to my poor ability both shewed the conveniences and answered those inconveniences that seem to make against them I should now propose those that make for them As their falling into a condition worse then slaves not represented by any and then the dangers and inconveniences that
to be accounted 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 as of great performances for the generall Good expended 3000. pound of his own in altering and enlarging the old and adding a new Court thereunto being at this day the Stateliest and most uniform Colledge in Christendom out of which may be carved three Dutch Vniversities Masters Bishops Benefactours Livings in the Coll. gifts 1 Iohn Redman 2 VVilliam Bill 3 Iohn Christopherson 4 VVilliam Bill restored by Q. Elizab. 5 Rob. Beamont 6 Io. Whitgift 7 Iohn Still 8 Tho. Nevyle 9 Iohn Richardson 10 Leonard Maw 11 Sam. Brooks 12 Tho. Cumber 13 Tho. Hill 14 Iohn Arrowsmith 1 Io. Christopherson B p. of Chichester 2 Iohn VVhitgift Arch-Bishop of Canterbury 3 Iohn Still Bishop of Bath and Wels. 4 Gervase Babington B p. of VVorcester 5 VVilliam Redman Bishop of Norwich 6 Anthony Rud Bishop of S t. Davids 7 Godfrey Gosborrough Bishop of Glocester 8 Robert Bennet Bishop of Hereford 9 Martin Fotherby Bishop of Sarisbury 10 Godfrey Goodman Bish of Glocester 11 Leonard Maw Bishop of Bath and VVells 11 Iohn Bowle Bishop of Rotchester 12 Adam Lofius Arch-bishop of Dublin 12 Doct. Hampton Arch-bishop of Dublin in Ireland 1 Tho. Allen Clark 2 S r. Edward Stanhop who gave 900. l. to the Library 3 The Lady Bromley 4 George Palin Girdler 5 The Lady Anne VVeald 6 Roger Iesson Haberdasher 7 M rs Elizbeth Elwis 8 Doct. Bill 9 D r. Beaumont 10 D r. Whitgift Masters of this House 11 D r. Cosins 12 D r. Barrow 13 D r. Skevington 14 Wil. Cooper Es 15 Peter Shaw 16 S r. VVilliā Sidley Knight Baronet 17 S r. Thomas Lake 18 S r. Iohn Sucklin Knights 19 D r. Robert Bankworth Fellow 20 S r. Ralph Hare Knight 21 M r. Silvius Elwis still in the Coll. S t. Maries the great in Cambridge S t Michaels in Cambridge Chesterton Vic. Eely val 10. 12. 03. Orwell Rect. Eely val 10. 07. 07 1 2. Kendal Vic. Carlile val Barington Vic. Eely val 7. 14. 04. Blythe Vic. York Dioc. val 14. 09. 04. Gryndon Vic. Peterb val 8. 00. 00. Felmersham Vic. Lincoln val 13. 13. 04. Ware Vic. London val 20. 08. 11. Thunridge Vic. London val 6. Swinsted Vic. Lincoln val 14. 00. 09. Chedull R. Cove Lich. val 12. 09. 00. See the Livings in Michael-House and Kings-Hall So that at this day there are therein maintained Anno Regis Henrici 8. 38 one master Anno Dom. 154 5 6 sixty Fellows sixty seven Scholars four Conducts three publick Professours thirteen Poor-Scholars twenty Almes-men besides lately a Master of the Choristers six Clerks and ten Choristers with the Officers Servants of the Foundation and other Students in all four hundred and fourty 20. It is not much above an hundred years since the first sounding of this House and see how marvellously God hath blessed it with eminent men in all Professions besides the Bishops afore-mentioned States-men Divines Criticks Poets 1 S r. Francis Bacon Lord Chancellour of England 2. S r. Edw. Coke lord-Lord-Chief Justice 3 S r. Edward Stanhop Vicar-Generall 4. Richard Cosin D r. L. Deane of the Arches 5. S r. Robert Naunton 6 Sir Iohn Cooke Principle-Seeretaries of State both 7. M. Iohn Facker Secretary to the Duke of Buckingham 8. S r. Francis Nethersole Secretary to the Q. of Bohemia 1 Thomas Cartwright 2 Walter Travers 3 VVilliam Whitaker 4 Matth. Sutcliffe Founder of Chels Coll. D. of Exeter 5 Io. Layfield 6 Tho. Harison 7 Will. Dakings All three Translatours of the Bible 1 Edward Lively one of the best Linguists in the World 2 Philemon Holland an industrious Translatour 3 William Alabaster most skilfull in Cabalisticall learning 4 Edward Simson who hath wrote a large History the Mythologicall part whereof is most excellent 6 Robert Creiton 1 Walter Hawksworth an excellent Comedian 2 Giles Fletcher of Christs Victory 3 George Herbert whose Piety Poëtry cannot be sufficiently commended 4 Tho. Randolph D r. Comber the twelfth Master of this House must not be forgotten of whom the most learned a In Animad in Censuram Exercitationum Ecclesiasticarum Pentateucum Samaritanum pag. 419. Morinus makes this honourable mention Alius praeterea codex Samaritanus celebratur dicitur esse Archiepiscopi Armachani ab eo è Palaestina in Hiberniam exportatus qui Leydensibus Academicis nonnullo tempore fuit commodatus Istum codicem vir clarissimus Thomas Comberus Anglus quem honoris officii reddendi causa nomino cum textu Judaico verbum è verbo imo literam cum liter a maxima a diligentia indefesso labore comparavit differentiasque omnes juxta capitum versuum or dinem digestas ad me misit humanissime officiosissime 21. Besides many worthies still alive With many moe living Iohn Hacket Doctour of Divinity whose forwardnesse in farthering these my Studies I can onely deserve with my prayers Doctour Henry Ferne whose pen hath published his own worth Master Herbert Thornedyke so judicious and indistrious in setting forth the many Languaged-Bible M r. Iames Duport so much the more priced by others for his modest undervaluing his own worth with many moe whose number God daily encrease 22. King Henry the eighth with Trinity Colledge Kings Professours founded founded also publick Professours For formerly the Vniversity had but two one of Divinity founded by the Lady Margaret Countess of Richmond allowing him Salary of twenty Marks and another for Phisick at the Cost of Thomas Linacre that exellent Critick Tutour to Prince Arthur and afterwards Doctor of Physick But now King Henry added to these a Regius Professour in Divinity Law Hebrew and Greek allowing them 40. pounds per annum and increasing the stipend of Physick Professour now acknowledged as onely of the Kings foundation But see the Catologue Lady-Margarets-Professours Kings Professours in Divinity Kings Law-Professours Iohn Fisher President of Queens Col. Bishop of Rochester Erasmus Roterodamus Thomas Cosin D. D. Master of Corpus-Christi Coll. Iohn Fawn D. D. President of the Vniversity Thomas Ashley D. D. Fellow of Kings Coll. William Sket D. D. Fellow of Kings Coll. Robert Beaumont D. D. Master of Trini Coll. Matthew Hutton D. D. M r. of Pembroke Hall Iohn Whitgift D. D. Master of Trin. Coll. William Chaderton D. D. President of Queens Coll. Thomas Carwright Master of Arts Fellow of Trinity Coll. Iohn Hanson Master of Arts Fel. of Trin. Col. Iohn Still D. D. Master of Trinity Coll. Peter Baro a Frenchman D. D. of Trinity Col. Thomas Playford D. D. Fell. of S t. Iohn ' s Col. Iohn Davenant D. D. President of Q. Coll. Samuel Ward D. D. Master of Sidney Suffex Coll. Rich Holdsworth D. D. M r. of Emanuel Coll. Rich. Love D. D. M r. of Corpus-Christi Coll. Doctor Wiggin Martin Bucer D. D. D r. Sedgwick Leonard Pilkington D. D. Master of Saint Iohn ' s Coll. Matthew Hutton D. D. Fellow of Trinity Col. Iohn Whitgift D. D. fellow of S t.