howsoeuer the refusal be or be not they grant out their Prohibition in these cases And yet if the Iudges Ecclesiasticall procéedings might be séene and vouchsafed to be read before them it would bee plaine there were no such cause of their hard opinion against them for euerywhere they doe allow such like allegations And if perhaps one inferiour Iudge shold make refusal as they pretend yet could it not be reformed by another in an ordinarie course of appeale but that there must néeds be brought a Prohibition out of the Common law to redresse the same vnlesse happily they can shew it is a generall conspiracie in the Ecclesiasticall Iudges or a Marime in their learning that they will not or cannot admit any Plea of discharge in this case which they can neuer doe And therefore they are to be intreated to change their opinion in this point and doe not the Ecclesiasticall Iudges that wrong as to charge them with such an imputation whereof their whole practise is witnesse to the contrarie for it is vnworthy such mens grauitie as theirs is who propound vnto themselues the inquirie of the truth in all matters thus to be misconceiued and masked in an errour and that for so many yeares and not to bee willing to heare the contrarie which is an obstinacie in policie no lesse indurat than the Papists is in Religion who see the truth and will not beleeue it And so far as concerning Prescriptions and the first cause and beginning thereof Now it followeth I speake of Priuiledges which are immunities graunted vnto priuat men beside the Law Of these some are very auncient such as true zeale toward the Church bred and the iust admiration of the holy men of God for their sanctimonie of life their great knowledge in the word of God their great patience in persecution for Christ and his Gospell the vigilancie and care they had in their Office stirred vp both in Prince and people So Constantine the great being rauished with the loue of Religion and the good opinion he had of the Ministers of his time erected Churches and endowed them with large possessions and graunted them sundry immunities whereby they might more securely intend to the preaching of the word of God and the winning of soules to the Christian congregation wherein they laboured with all their might and power God still adding to the number of the Elect. Neither did he this alone in his owne person but he also gaue leaue to all other of his subiects that would doe the like whereupon L. 1. C. de sacros Ecclesiis §. si quiâ— authent de Ecclesia the Church was so inriched within a short time that as Moses in the building of the Arke was faine to make Proclamation no man should bring in more towards the building thereof the people bringing in continually such great abundance of all things necessarie towards the furnishing thereof as that there was enough and much to spare So also Theodosius the thirtéenth Emperour after Constantine although otherwise a most louing and fauourable Prince towards the Church was faine to make a Law of Amortisation or Mortmaine to moderate the peoples bounty towards the Church as did also many wise Princes in other Nations vpon like occasion and in imitation of this Act of Theodosius many yeares after and among the rest diuerse Magna charta cap. â—6 W. 1. 〈◊〉 31. an 13. Eâ— 1. Princes of this Land did the like vpon the dotage of the people towards the Religious Parsone specially towards the foure Orders of Friers that were then newly sprung vp in the world But yet this Act of Theodosius was done with the great dislike of these blessed men Ierom and Ambrose who liued in those daies for that Ierom thus complaineth of that Law to Nepotian I am ashamed to saie it the Priests of Idols Stage-players Coach-men and Common Harlots are made capable of Inheritance and receiue Legacies onely Ministers of the Gospell and Monkes are barred by Lawe thus to doe and that not by persecutors but by Christian Princes neither doe I complayne of the Lawe but I am sorie wee haue deserued to haue such a Law made against vs In like manner and vpon the same occasion doth Ambrose deplore the state of the Clergie in his one and thirtieth Epistle Wee count it saith hee no iniurie in that it is a losse wee are not grieued that all sorts of men are made capable of Wils none excepted how base prophane or lauish of his life or honestie soeuer hee bee but I am sorie that the Clergie men only of all sorts of people are bard the benefit of the Law that that is common to all who notwithstanding onely pray for all and doe the common celebration of the Seruice for all So far they And yet whosoeuer lookes into this constitution whereby it was forbidden that any man should passe any Lands or other immoueable possession vnto the Church without the Princes leaue for that thereby the things that are so passed come as it were into a dead hand which holdeth surely fast that it once apprehendeth neither easily parteth with it so that it cannot without much difficultie bee reduced and brought againe to the commerce and common vse of men shall find it was rather for the benefit of the common wealth than for the dislike of the Church it was so ordered For if that course had béene holden on still the greatest part of the liuelyhood of the common wealth woule in short tune haue come vnto the Church and so Lay men should not haue béene able to haue borne the publicke burthens of the common wealth which it concerns Seculer Princes to be carefull of and to foresée that by ouermuch bountie towards the Church they impouerish not their owne state and loose the rights of Escheats Primer season and other Priuiledges of the Crowne in cases of forfaiture and specially make bare their Lay subiects vpon whom a great seruice of the common wealth doth lye And yet otherwise the beneficiallest state of this Realme vnto the Prince is the Clergie as from whom the King hath a continuall reuenew in Tenths and is déepest in Subsidie and not the least in all other extraordinarie charges according to the proportion of their place And therefore as the King is to maintaine the one so he is also to cherish the other and not to suffer their state in any sort to be diminished for that all other states are made for the seruice of the Church and the Church again for the benefit of them But this was none of those Priuiledges I spake of for these are more auncient than they and graunted out vpon better deuotion than the other but after this the zeale of Religion being almost extinguished in the Christian world partly by the great vproars and tumults that were in euery Country by the influence of one barbarous Nation or other into them who pulled downe Churches faster than euer they were built
of the Primitiue Church receyued them would néedes séek out how and in what right and in what quantitie this prouision belongs vnto the Church wherein they did by their ouermuch subtiltie rather confound the trueth than make that appeare they intended to doe By the first of these was brought in that great prescription which is called the Prescription beyond the Lateran Councell whereby Lay men held Tythes in sée wythout paying any thing therefore vnto the Church and out of that issued the rest of those pettie Prescriptions which we now haue which are nothing else but imitations of the first By the second came in Priuiledges Customes and Compositions or if they came not in wholly by them yet surely were they much strengthned by them but of eyther of these after in their places But for that of all these forenamed greeuances in the Church as far as my trading serues mée Prescription is the eldest and first rusht into the Church and violated the Liberties thereof I will first begyn thereby and shew vpon what occasion it first seysed vpon the Church and preuailed against her and then will I speak of the rest in order It is out of question that from the time of Origen who lyued within fower score yeares after the death of Saint Iohn the Euangelist as also did Cyprian who was his coequall in tyme and so along by the ages of Chrysostome Ambrose and Augustine and some of the purer Popes as Vrban the second Dyoâ—isius and Gregoue the great there was good vse of Tythe in the Churches where Christian Religion was imbraced as may appeare by euery of their testimonies that God had not appointed it to be a prouision onely for such as serued at the Altar vnder the Law but also was purposed by him from the beginning to be a maintenance for the Ministerie vnder the Gospell and therefore Origen in his xi Hemily vpon Numbers speaking of Tythes sayth thus I hold it necessarie that this Law or precept be obserued according to the letter and vpon the 22. of Mathew he thinketh Christs words vttered there as concerning Tythe to be a precept no lesse necessarie for the vse of Christians than they had bin for the Iewes and therefore he accounteth Tythe neyther ceremoniall nor Iudiciall but morall and perpetuall Cyprian in his lxvj Epistle aduiseth the Clergie of his time since they had Tythes allotted vnto them for their maintenance they should not absent themselues from Gods seruice Chrysostome vpon the viij of the Actes vseth this argument to persuade husbandmen to pay theyr Tythes truely vnto the Church that it is good for them so to doe for that there are continuall prayers and intercessions made for them by the Ministerie Ierome vpon Tymothy sayeth The precept of payment of Tythes is aswell to be vnderstood in the Christian people as in the Iewes Reade Ambrose vpon his Lent Sermon and Augustine vpon his xliiij Homily and Gregory vpon his xvj Homily and you shall finde no lesse plaine places for the continuance of the payment of Tythes among the Christians than the former were Adde to these the practise of Dionisius himselfe who by Ieromes account flourished in the yeare 266. who not only diuided out Parishes drawing the example thereof from Saint Paul who first appointed Bishops in Cityes but also assigned orderly to euerie Parish his Tythes All which held in the Christian common wealth in a decent and comely sort vntill the irruption of the Hunnes Goathes and Vandals vpon the Christian world who first inuading Italy vnder the Emperour Iustinian did for many yeares so harrow the whole Countrie and specially Lumbardie as that they left not almost a man of excellent Religion any where vnpersecuted ouerturned Churches burnt Libraries ouerthrew Schooles of learning and to be short what wickednesse did they not insomuch as Gregorie the great being otherwise a verie good man and one that did relye himselfe vpon the prouidence of almightie God verily thought and taught that the end of all things was then come but after those fierce and barbarous Hospinlandâ—â—r g. nâ—m 〈◊〉 people once set theyr face to goe against France which had beene hitherto free from that mundation which happenned in the daies of King Theodorick who liued about the 650. yeare of the Incarnation of our Sauiour Iesus Christ Charles Martel the father of Pippin after king of France being then great master of the kings house would not although otherwise he were a very victorious man and valiant Captaine oppose himselfe against them vnlesse the vnder-clergie of France would be content to resigne euery Gagniâ—â—â— lib. 4 Histor Fraâ—â— man his Tythes into his hands that thereby he might reward the Souldiour and support the charges of the war then present which the poore Clergie in respect of the eminent danger and for that Charles Martell himselfe did solemnly vow and promise that they should bee forborne no longer than for the time of the war and that they should be restored vnto them againe at the end of the war with a further gratuitie for their good wil yeelded most willingly thereunto specially the Bishops not contradicting it leauing to themselues a small portion of their liuing only during the time of the daunger Whereupon Charles Martell vndertaking the enterprize get a mightie great victorie against the enemies insomuch that hee slew in one battaile 34500. of the Infidels which battaile being happily atchiued and the danger of the war being past the poore Clergie men hoping to receiue againe their Tythes according as it was promised them by Charles Martell they were put from the possession thereof and say or doe what they could their benefices were diuided before their face in recompence of their seruice to such of the Nobilitie as had done valiantly in that action and the same assured to them and theirs for euer in fée And this is the first violence that euer Tythes suffered in the Christian world after they left the Land of Iurie and came to inhabite among the Christians which albeit was a nefarious act and nothing answerable to the late mercie that God had vouchsafed them in conquering of their enemies yet there wanted not like sacrilegious mindes in all Christian Lands which did imitate this wicked fact of Martellus insomuch as the example hereof passed ouer the Alps into Italy and mounted aboue the Pyrenie Hils into Spaine and within short time after sailed here into England in such sort as that euen to this day sundry Monuments thereof appeare euerywhere in the Land where any tytle of immunitie is challenged from payment of Tythes reaching beyond the Lateran Councell whith can descend from no other head than from this fact of Charles Martell neither was there any redresse thereof vntill the said Lateran Councell before mencioned which notwithstanding came néere fiue hundred yeares after for this fact of Martellus was done about the six hundreth and threescore yeare after the Natiuitie of our Sauiour Iesus Christ but
Kings Ecclesiasticall Courts here within the Land 111 What is a Prohibition and how many sorts are thereof 113 Of Admirall causes and in what sort they are hindered 115 Of Actions of Trouer and how far Fictions in Law are to be admitted and how far not 116. c. Wherein last Wils and Testaments are impeached 121 Of the care that Princes of this Realme haue had for the due payment of Tythes vnto the Church and the preseruing of the cognisance thereof vnto the Ecclesiasticall Courts of this Land both before the conquest and since 124 c. That the Statutes of the xxvii and xxxii of H. the viii and the 2. of Edward the vi c. 13. intended for the true paiment of Tythe and the preseruation of the triall therof vnto the Ecclesiasticall Courts are now turned to the hinderance of them both 128. c. That customes of payment of tythes are triable onely at the Ecclesiasticall courts 131. c. That the lymits and bounds of Parishes are of the Ecclesiasticall cognisance onely 135 That the clause of treble Damages in the 13. chapter 2. Edw. 6. is to be sued in the Ecclesiasticall courts only 137. That the naming of law or Statute in a statut doth not make it to be of the Temporall cognisance if the matter therof be Ecclesiasticall 139. c. How it comes to passe that when tythes were neuer clogged with custome prescription or composition vnder the Law they are clogged with the same vnder the Gospel and the causes thereof 142 Tythes anon after the dissolution of the Iewes policie were entertained by the Christians as a naturall prouision for the Ministers of the Gospell and leased out by God vnto the Iewes for the time of their policie only 142 That Charles Martell Father of King Pippin was the first that euer toke tythes from the Church and assigned them ouer to Lay men in fee and vpon what occasion 145 That to the imitation of this fact of Martell other Princes did the like euery one in his Kingdome 145 That this fact of Martel being done about the yeare 606. stood vnreuersed vntill the Lateran councell vnder Alexander Anno 1189. and that the reformation was then but in part 146 That Ecclesiasticall Iudges admit pleas in discharge of tithes and the maner of tything contrarie to the conceit that is had of them 149 Of Priuiledges and how they came in 150 That by reason of the frequence of priuiledges Statutes of Mortmaine came in 150 Of the beginning of cloistered monks in the west Church of Christendome and that the author thereof was one Benedict a Roman about the yeare 606. 153 That from Benedict and his order flowed all the rest of the orders of Religious men 153. c. That the admiration that these Religious men did breed of themselues in the head of Princes and Popes did procure appropriations of parsonages and immunities from Tiths 153 That the ouer conceit that men had of praier aboue preaching in the church was an adiuuant cause therunto 154 Whether Appropriations came first from Princes or Popes it is questionable 155 Exemptions from tythes brought in by Pope Paschall in fauour towards all sorts of Religious men 158 The same restrained by Pope Adrian and limited to the Cystertians Hospitallers Templers and the Knights of Saint Iohn of Ierusalem onely sauing to the other the Tythes of grounds laboured with their owne hands onely 159 That Innocent the third in the third Lateran Councell 1120. restrained those foure orders from immunitie of Tythes for such grounds as they should acquire after that councel which Henry the fourth imitating prouided by two Statutes of this Land against their immunitie 159 That if this reuocation of Immunitie by Innocent the third these two Acts of Henry the fourth were wel weighed they would ouerturne many of the priuiledges chalenged by the Statut of 31. H. 8. c. 13. for exemption of Monasterie Lands from Tithes 160 That Reall compositions for Tythes are the deuise of Ecclesiasticall Lawyers and are to be tried by the Ecclesiasticall Courts 160 That the curiositie of Schoolemen in their distinctions vpon Tythes haue helped forward Appropriations and Exemptions from Tythes 161 The opinion examined as concerning the quotitie of tithes whether it be Morall Ceremoniall or Iudiciall 161. c. That a Bishop being Lord of a Manor and prime founder of a Benefice could not in the first erection thereof by his owne capacitie retaine any Tythes in his hand and passe the same after in lay-fee to his tenants and so giue cause to his tenants of prescription against the parson 165 That Bishops indowments in the beginning stood not in Tythes but in finable Lands 167 That the turning of Bishops indowments into tenthes or tythes for impropriat parsonages is vnsutable to the first institution and very dangerous 168 That it had bin a worthy worke in the first reformers of Religion if they had returned to euery parish their owne parsonage and the dislike that God may seeme to haue conceiued of that 169 That tythes are a Parochian right and how Parishes in the Christian world came first to be instituted 171 That tythes of Minerals are due 174 That tythes of Turues be due 178 That the cognisance of barren heath and wast grounds belongeth to the Ecclesiasticall courts and what euery of them are 180 That the boughes of great trees are tythable and so also are the bodies but in the case of the Statute only 185 In what cases diffamatorie words belong to the Ecclesiastical and in what to the common law 191 That the suit of bastardie aswell in the principall as in the incident belongs vnto the Ecclesiasticall Law 199 The meanes to relieue the Ecclesiasticall courts 209 The right interpretation of Lawes and Statuts 209 Wherein the three Statutes for tythes may be supplied 212 What things may bee ordered by the Ciuile Law yet not prouided for by the common Law and others of like nature to those that are expressed 215 Of the necessitie of retaining the practise of the Ciuile and Ecclesiasticall law within this Land 224. c. FINIS A VIEW OF THE Ciuile and Ecclesiasticall Law also wherein it is straighted and wherein it may be relieued BEFORE I shew how necessarie it is for his Maiestie and the Realme to maintaine the Ciuile and Ecclesiasticall Law as they are now practised among vs in this Realme I will set down as it were in a briefe what the Ciuile and the Ecclesiasticall Lawes are then will I shew how farre forth they are here in vse and practise among vs thirdly wherein we are abridged and put beside the vse and possession thereof by the Common Lawe euen contrarie to the old practise thereof and the true sence and meaning of the Lawes of this Realme and the Statutes in this behalfe prouided and lastly wherein we might be relieued and admitted to the practise of many things in the Ciuile Law without preiudice to the Common Lawe and
man might change his name so might he change his signe so that it were not done in fraud and deceipt but after it was forbydden both that any man should change his C. de mutatione noīs l. 1. ff de Falsis l. falsi nominis name because it was not thought it could be done with any good meaning and that no man should beare Armes of his owne authoritie and therefore Officers were appointed vnder Princes as I haue said who should giue Armes to such as deserued well of the common wealth eyther in warre or peace for albeit in the beginning Armes and Colors were proper to men of warre to auoid confusion in the hoast to discerne one companie from an other yet when it came to be a matter of honour it was challenged no lesse by men of peace than by men of warre for true in déed is that saying of Tully Parua sunt foris arma nisi est consilium domi and the Emperour speaking of the benefit that Aduocates and L. aduocati C. de Aduocatis diuersorū iudiciorum such like bring to states and Common wealthes sayth thus Aduocates which breake the doubtfull fates of causes and with the strength of their defence sundry times aswell in publike causes as in priuat raise vp those that are falne and reléeue those which are wearied doe no lesse good vnto mankind than if by warre and wounds they saued their parents and Countrey for we saith he doe not count that they only doe warre for our Empire which doe labour with sword shield and Target but also our Aduocates for indeed the Aduocates or Patrons of causes do warre which by confidence of their glorious voyce doe defend the hope life and posteritie of such as be in danger thus sayeth he and thereupon commeth that distinction of Castrense peculium Et quasi castrense peculium signifying thereby that albeit Counsellors to the state Lawyers and such like be not actuall warriers yet they are representiue warriers and do no lesse serue the Common wealth than they The Souldiour riseth betime in the morning that he may goe forth to his exploit the Aduocate that he may prouide for his Clyents cause he wakes by the trumpet the other by the cocke he ordereth the battaile the other his Clyents businesse he taketh care his tents be not taken the other that his Clyents cause be not ouerthrowne so then eyther of them is a warriour the one abroade in the field the other at home in the City Beside Bartol treateth in that place what things are borne in Armes eyther naturall as beastes birdes fyshes mountaynes trées flowres sunne moone stars or such like or artificiall not taken from thinges eristent as colours simple and mixt deuided by halfes or quarters or by lines direct crosse ouerthwart or such other then how each of these is to be carried wherein art must followe nature that euery thing figured be borne according to the nature of that which it doth figure and not otherwise and therefore as in Ensignes flagges or standerds the speare or shaft goeth before the streamer or colours follow after so the face of euery creature that is figured or described in the banner or hatchment must looke vnto the shaft or speare vnlesse a man beare two creatures one looking toward the other for then this obseruation hath no place for vaine it is to coniecture where things are certein otherwise it is the nature of the face to goe before and the body to follow after and the like reason is of the parts of euery creature which is likewise borne in Armor which are distinguished by before and behinde whose site must be such that the head looke to the speare otherwise would it seeme to goe back like a monster but if the forepart alone of any creature be borne in a Scuchin as often it happeneth that men giue onely a Lion Beare or buls head for their Armes then must not the head directly looke vnto the shaft but aside further euery of these creatures be so described in the coate as his vigor and generositie be best set out whether it be a feirce or sauage beast or a milde or gentle creature But for colours his rule is that the noblest colour be put in the first part of the field howsoeuer the coate be deuided quarter or pale And of Colours the golden colour is the chiefest as that which doth figure the Sunne which is the fountaine of light which is most acceptable to euery mans eye The next is Purple or Red which doth figure the fire that is the highest noblest of the foure Elements and next the sunne it selfe in dignitie The 3. is Blew of the Heralds called Azure Ceruleus in Latin which figureth the Ayre which is a cléere and transparant body and most capable of light and commeth in nobility next after the fier The 4. is white which commeth néere to the Light and therefore is more noble than Blacke that draweth néere to darknesse therefore is the basest of all Colours And for mixt colours as euery one hath more or lesse of White or Blacke so eyther they are nobler or baser in reputation or degrée And thus much in generall as concerning the knowledge of Armes Now followeth what the Ciuile Law holdeth as concerning Princes and other Honorable persons and their successions and places which a graue Iudge of this land Nedham 37. Hen. 6. fol. 21. hath anciently acknowledged to belong vnto the Ciuile Law By the Ciuile Law all power commeth from God as the Scripture teacheth and among powers the two greatest are the Empire and the Priesthood for as God hath ordeyned the one to rule the outward man and to bring all his actions within the compasse of reason so to establish Common wealthes and to order the same So also hath he prouided the other for the instruction of the inward man and the planting of Religion among men By the Empire I vnderstand not only the Empire of Rome which sometimes bare rule ouer most part of the world at the lest ten mightie Kingdomes which now are growen into particuler Empires and Monarchies themselues but also euery seuerall Kingdome which acknowledgeth no other Emperor than his owne Soueraigne for howsoeuer they differ in name and title yet is the office it selfe all one For euery one of them is Gods immediat Vycar vpon earth in their owne kingdomes for matters appertayning vnto Iustice Whereupon the Ciuile Law giues them verie honorable tytles sometimes tearming them ff de leg 2. l. ff de legat 2. l. C. 4. tit 13. C. 1. tit 3. l. 56. C. 1. tit 1. l. 5. Gods vpon earth for the great authoritie they haue ouer other men vnder God sometimes Ministers of God for the seruice they do God in their Common wealthes sometimes most holie and most Religious for the care they ought to haue about Religion and correcting of those things which are done against the feare of
makes them differ from the baser sort of people Of these two sorts of Gentlemen with vs the Squier hath the priority who séemes by the common name we giue him in Latin to haue had his origen eyther for that he carired the Armour of the King Duke or other great personage as we sée not only in the holie Scriptures Saul Homer Illiad Pâ—â—n lib. 35. naturaâ—â—nstor and Ionathan had their Armor bearers but in Poets and other prophane stories Patroclus was Achilles Armour bearer and Clitus great Alexanders whereupon some write that 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 siue 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 which is he whom we call Armiger in Latine is a footeman that with a speare shield or head-peece followeth an armed Knight in battaile or rather as some other suppose it is the footman himselfe armed in the field howsoeuer the word be taken this is sure that these were men of good accompt in the old time as those which won themselues credite out of warre and so their estimation remained in their posteritie and as those were in time before so are these which are in our dayes as discending for the most part from theyr worthy auncestors There is no dubbing or creating of these by the Princes hand or him to whom the Prince hath giuen authoritie as it is in the creating of the Nobilitie and the making of Knights but euery one whom the Captaine hath vouchsafed that seruice is by the seruice it selfe a Squier and that not onely he which hath done the seruice in warre but also such which haue done any equiualent seruice in peace as Lieutenants and Shirifes of Shires and Iustices of Peace within their Countie for euen in this as in other Promotions hath that distinction of the Law place of Castrensis peculij et quasi castrensis wherby seruice of the Common wealth at home is leuelled and made equall with that abroade Gentlemen haue theyr beginning either of blood as that they are borne of worshipfull parents or that they haue done some thing worthyly in peace or warre L. 1. C. de dignitat lib. 10. 12. whereby they deserue to beare Armes and to be accounted gentlemen for he is a gentleman who is commonly so taken and reputed And this is the last and lowest order of them to whom the Law doth allow any challenge of precedencie Now it followeth that I speake some something how great personages one succéede in another in their places of honour And first to begin with the Empire it selfe as the greatest earthly dignitie vnder God albeit in the beginning it were raised vp by no right but by vsurpation Iulius Caesar changing the former gouernment of the State and challenging to himselfe the whole managing of the same yet after it came to an orderly course insomuch as he that had the present possession of it disposed it to his best liking by his last Will and Testament So Iulius himselfe deuised it to Octauius his sisters son and albeit that deuise tooke not effect by reason of the treason that was wrought against Iulius owne person so that Octauius was faine to recouer it by another right euen by the death of Lepidus and Antonius his collegues in office yet that very Will of Iulius gaue a pretence to Octauius who after was called Augustus because hee did increase the Empire with many worthy victories to stand for the inheritance of the Empire in consideration of which title the Senate and people of Rome more easily submitted themselues vnto his gouernment Augustus in like sort bequeathed it to Tiberius and Tiberius to Caius and so it came from one to another vntill some of them by crueltie and licentiousnesse of life became so odious to God and man that the people rose against them and bereft them of that liberty which they had prescribed in appointing of their Successors and somewhiles themselues and somewhiles the Soldiors made choise of whom they thought good or by whom they thought best to be rewarded And thus the right of Succession vnto the Empire was tost vp and downe many hundred yeares betwixt Inheritance Bequest and Election vntill at the last it came vnto that establed state as now it is in and setled Electors of the Empire so often as it happenned to be void Succession in Kingdomes in most part of the world in former time hath béene and at this day is by right of bloud a few onely excepted which are Electiue as the Kingdom of Poleland is at this day and in Succession the eldest son taketh place before the rest and if there be no heire male then the eldest daughter succedeth in the kingdom and her issue for Kingdoms as also succession in other dignities are impartible And yet Fraunce to exclude Edward the third from the inheritance of the Crowne thereof who descended of Isabell the sister of Charles the faire and so was next heire male vnto the kingdom of France alledged for theÌ„selues the Law Salicke pretending none which claimed by the woman albeit he were the next heire male in bloud was to succeed as long as there were of the male line aliue how far soeuer they were off in degrée from the last king deceased But this is but a meere deuice of the French fathered vpon some rotten Record of that part of their Nation called Salii of whom otherwise they haue nothing memorable to speake of as being the basest Nation among them all of whom they report their people to haue béene compounded but this deuise serued their turne then whether it were anciently inuented or newly coyned But howsoeuer they oppose themselues against womens gouernment as Bodine Bodin lib. 6. de repub there contriman hath of late stretched out the strength of his wit to deuise reasons against the gouernment of that sex certaine it is that the Law of God hath allowed it as it appeareth in the example of Debora who being a Prophetesse gouerned Israell fortie yeares and by her direction got the Israelites a mightie victorie ouer Sisera the captaine of the hoast of Iaben and wee among other Nations haue found by experience gunaicotary or womens gouernment is nothing so vnfortunat as Bodine would make vs beléeue it is For both in our late Quéene and also in her sister except onely the case of Religion wherein she followed the error of the time and was carried way more with zeale than knowledge and thereby is more to bee pittied than to bee enuied what is in their gouernment the wisest Man-Prince in the world would not desire to bee in his owne Regiment for what is either in their priuat carriages so you giue no eare to virulent and malitious tongues who report surmises for substances and tales for truths or in their publicke gouernment so you lay not other mens faults to their charges that any man can iustly blame For that I may passe ouer the rest of their Heroicall vertues fit for women of their State specially the late Queene
and made hauock both of Priest and people that professed the name of Christ partly by the heresies that rose euery where in the Church in those daies which distracted mens minds and made them wauer in the constancie of their Religion it was reuiued againe vpon this occasion One Benedict who otherwise had béen a man of action Hospinian de Origine Monachatuâ— in the Common wealth that Benedict which was as it were the Father of all those that professed a Regular life within the West part of Christendome for before his time the Monkes of the West Church serued God fréely abroad without being shut vp in a Cloister he I say finding himselfe wearied with the tumults and broyles which hapned vnder the gouernment of Iustinian and some yeares after by the incursion of those barbarous Nations before named into Italy retired himselfe into a desert and solitary place intending there to giue himselfe wholy to the seruice of God where when he had a while remayned he grew so famous by his Christian exercises of fasting and prayer and the good and holsome exhortations that he made to those that resorted vnto him that within a very little time after there was great confluence of people vnto him not only from diuers parts of Italy but euen from sundry other parts of the world so that within a short time they grew into fraternities vnderneath him to whom he gaue rules to liue by to the imitation of that that Saint Basill did in the East Church to which his disciples submitted themselues with all alacritie leading a life far different from the common sort of men denying vnto themselues all those ordinary delights that other men doe commonly take out of meat drink apparell mariage Temporall preferment such other things which wordly and carnall men séeke for verie gréedily humbling themselues only to God and the rule of their Master Which thing bred such an admiration of him and of his Schollers that not only many other orders sprang out from them within few yeres as the Premonstratenses Clunacenses Templarians Hospitallers Cystertians and the order of Saint Iohns of Ierusalem but euen Popes Princes and people were wholy carried away with the wonderment of them insomuch as euery of them did as it were striue who might shew themselues most kind vnto them whereupon Princes built them houses euery one in his kingdome as Clito Ethelbald king of Mercia buylt the Monasterie of Crowland here in England of black Monks vnder the rule of the said Benedict in the yeare 716. Popes and Princes graunted them priuiledges so far as it concerned eyther of their particulers the Clergie Nobilitie and People conferd goods and lands vpon them euery one according to his abilitie In this zealous bountie of euery degrée towards these new sort of men there were two vndigested Priuiledges graunted them both of them so hurtfull and iniurious to the Church of God as neuer any was the like The one was the annexation or appropriation of presentatiue Benefices to these Religious houses The other the fréeing of such lands or hereditaments as they held in sundry Parishes from the payment of Tythes to the Parsons and Vicars thereof to both of which the Scholmens diuinitie gaue great aduantage as shall be shewed hereafter Eyther of these had their beginning of one roote that is to say of this false ground that Preaching which is the most true and most naturall foode of the Soule in a congregation that is come to the profession of Religion already knowes but onely the Articles of the Christian Faith the Lords Prayer the ten Commaundements and other principles and Rudiments of Christian Religion is nothing so necessarie for the saluation of a mans Soule as Prayer is beside that preaching oftentimes giues more cause of Schisme and dispute in Religion than it doth of profiting edifying the Soule and therefore it was not permitted by the Prouinciall constitutions of this Realme that Parsons or Vicars Linwood puin eisdem de offiâ— Arâ—hidiaconiâ— et ca. ignorantia Sacerdotum de officio Archipresbyteri of Churches should expound or preach any other matter or doctrine than the Lords prayer the ten Commaundements the two precepts of the Gospell that is the loue of God and the loue of a mans Neyghbour the sixe works of Mercie the seuen principall Vertues the seuen Sacraments for so many then the Romish Church held the seuen deadly Sinnes with their progenie and this to be done vulgarly and plainly Absque cuiuslibet subtilitatis textura fantastica for so they call learned and orderly Preaching whereas notwythstanding Prayer is euermore profitable euery where necessarie and neuer dangerous Furthermore Preaching onely profiteth those that be present and doe heare it and attend vpon it but Prayer is auailable euen to those that be far distant yea though they be in the remotest place of the world By which and other like arguments they translated away that maintenance that was prouided for the home Pastors who by Gods owne institution were to watch ouer their Soules to forrein and strange Guids who neuer communicated to their necessitie in any heauenly comfort but only tooke the milke of the flock and fed themselues withall But by this pretence of theirs ought not Preaching to haue béen disgraced for albeit Prayer be a necessary péece of Gods seruice and so necessary that the Soule of man is as it were dead without it yet is it not equall to the dignitie of Preaching which God hath ordeyned to be the onely meanes to come to Saluation by for Faith comes by hearing and hearing by the word of God and without Faith it is impossible to be saued for Faith is a gift that purifies the hart and makes a mans prayers acceptable to God and therefore neyther of them ought so to take place as that the one should shoulder out the other but they ought so to go hand in hand together as that one should help assist and countenance thother But how these annexations of Benefices first came into the Church whether by the Princes authoritie or the Popes licence it is verie disputable and there are reasons on both sides for to shew the same For whereas there are reported by Ingulphus Abbot of Crowland before mentioned to haue bin viij Churches beside the Patronage of some other annexed and appropriated to the said Abbey by sundry Saxon Kings it doth not appeare by oght that I can find whether they were done by the soueraigne authority of the kings alone to the imitation of that that was done by Martellus who made all Christian Kings to sinne in this point or that it was done by any other Ecclesiastical authority for that there is nothing extant for the allowance thereof saue the seueral Charters of those auncient Kings only and that I should be rather induced to beléeue that it was done by those Kings authoritie only I am thereto persuaded that I find William the Conqueror immediatly vpon the