this power within its own bounds than the watry Element upon which it sloated but it made continual waves upon the Franchise of the Land and for this cause no sooner had these great men savoured of the Honour and Authority of that Dignity but comes a Statute to restrain their Authority in the Cognizance of Cases only unto such matters as are done upon the main Sea as formerly was wont to be And within two years after that Act of Parliament is backed by another Act to the same purpose in more full expressions saving that for Man-slaughter the Admirals power extended even to the high water-mark and into the main streams And this leadeth on the next consideration viz. What is the subject matter of this Jurisdiction and Authority I shall not enter into the depth of particulars but shall reduce all to the two heads of Peace and Justice The Lord Admiral is as I formerly said a Justice of Peace at Sea maintaining the Peace by power and restoring the Peace by setting an Order unto matters of Difference as well between Foraigners as between the English and Foraigners as may appear by that Plea in the fourth Institutes formerly mentioned Secondly That point of Justice principally concerneth matters of Contract and Complaints for breach of Contract of these the Admiral is the Judge to determine according to Law and Custom Now as subservient unto both these he hath Authority of command over Sea-men and Ships that belong to the State and over all Sea-men and Ships in order to the service of the State to arrest and order them for the great voyages of the King and Realm and during the said voyage but this he cannot do without express Order because the determining of a voyage Royal is not wholly in his power Lastly the Lord Admiral hath power not only over the Sea-men serving in the Ships of State but over all other Sea-men to arrest them for the service of the State and if any of them run away without leave from the Admiral or power deputed from him he hath power by enquiry to make a Record thereof and certifie the same to the Sheriffs Mayors Bailiffs c. who shall cause them to be apprehended and imprisoned By all which and divers other Laws not only the power of the Admiral is declared but the original from whence it is derived namely from the Legislative power of the Parliament and not from the single person of the King or any other Council whatsoever But enough hath been already said of these Courts of State in their particular precincts One general interest befalls them all That as they are led by a Law much different from the Courts of Common-Law so are they thereby the more endeared to Kings as being subservient to their Prerogative no less than the Common-Law is to the peoples liberty In which condition being looked upon as Corrivals this principal Maxime of Government will thence arise That the bounds of these several Laws are so to be regarded that not the least gap of intrenchment be laid open each to other lest the Fence once broken Prerogative or Liberty should become boundless and bring in Confusion instead of Law. CHAP. VI. Of the Church-mens Interest BUt the Church-mens interest was yet more Tart standing in need of no less allay than that of the King's Authority for that the King is no less concerned therein than the people and the rather because it was now grown to that pitch that it is become the Darling of Kings and continually henceforth courted by them either to gain them from the Papal Jurisdiction to be more engaged to the Crown or by their means to gain the Papal Jurisdiction to be more favourable and complying with the Prerogative Royal. The former times were tumultuous and the Pope is gained to joyn with the Crown to keep the people under though by that means what the Crown saved to it self from the people it lost to Rome Henceforth the course of Affairs grew more civil or if you will graced with a blush of Religion and it was the policy of these times whereof we now treat to carry a benign Aspect to the Pope so far only as to slave him off from being an enemy whilst Kings drove on a new design to ingratiate and engage the Church men of their own Nation unto it's own Crown This they did by distinguishing the Office or Dignity of Episcopacy into the Ministerial and Honourable Parts the later they called Prelacy and was superadded for encouragement of the former and to make their work more acceptaple to men for their Hospitalities sake for the maintenance whereof they had large Endowments and Advancements And then they reduced them to a right understanding of their Original which they say is neither Jus Divinum nor Romanum but that their Lordships power and great possessions were given them by the Kings and others of this Realm And that by vertue thereof the Patronage and custody of the Possessions in the vacancy ought to belong to the Kings and other the Founders and that unto them the right of Election into such advancements doth belong not unto the Pope nor could he gain other Title unto such power but by usurpation and encroachment upon the right of others But these great men were not to be won by Syllogisms Ordinarily they are begotten between Ambition and Covetousness nourished by Riches and Honour and like the Needle in the Compass turn ever after that way Edward the Third therefore labours to win these men heaped Honour and Priviledges upon them that they might see the gleanings of the Crown of England to be better than the vintage of the Tripple Crown Doubtless he was a Prince that knew how to set a full value upon Church men especially such as were devout and it may be did somewhat outreach in that course For though he saw God in outward events more than any of his Predecessors and disclaiming all humane merits reflected much upon God's mercy even in smaller blessings yet we find his Letters reflect very much upon the Prayers of his Clergy he loved to have their Persons nigh unto him put them into places of greatest Trust for Honour and Power in Judicature and not altogether without cause he had thereby purchased unto his Kingdom the name and repute of being a Kingdom of Priests But all this is but Personal and may give some liking to the present Incumbents but not to the expectants and therefore the Royal Favour extended so far in these times as to bring on the Parliament to give countenance to the Courts and Judiciary power of the Ordinaries by the positive Law of the Kingdom although formerly the Canons had already long since made way thereto by practice I shall hereof note these few particulars ensuing Ordinaries shall not be questioned in the King's Court for Commutation Testamentary Matters or Matrimonial Causes nor other things touching Jurisdiction of Holy-Church Things
may be said of their making of War of defence against Forrain Invasion Matters of publick and general charge also were debated and concluded in that Assembly as the payment of Tithes it is said they were granted Rege Baronibus Populo Such also as concerned the Church for so Edwin the King of Northumberland upon his marriage with a Christian Lady being importuned to renounce his Paganism answered he would so do if that his Queens Religion should be accounted more holy and honourable to God by the wise men and Princes of his Kingdom And all the Church-Laws in the Saxons time were made in the Micklemote Monasteries were by their general consent dedicated and their Possessions confirmed The City of Canterbury made the Metropolitan Matters also of private regard were there proceeded upon as not onely general grievances but perverting of Justice in case of private persons as in that Council called Synodale concilium under Beornulfus the Mercian King quaesitum est quomodo quis cum justitia sit tractatâ—â— seu quis injuste sit spoliatus The name of which Council called Synodal mindeth me to intimate that which I have often endeavoured to find out but yet cannot viz. that there was any difference between the general Synods and the Wittagenmote unless merely in the first occasion of the summons And if there be any credit to be allowed to that book called The Mirrour of Justices it tells us that this Grand Assembly is to confer of the Government of Gods people how they may be kept from sin live in quiet and have right done them according to the Customs and Laws and more especially of wrong done by the King Queen or their Children for that the King may not by himself or Justices determine Causes wherein himself is actor And to sum up all it seemeth a Court made to rise and stoop according to occasion The manner of debate was concluded by Vote and the sum taken in the gross by noise like to the Lacedemonians who determined what was propounded clamore non calculis yet when the noise was doubtful they took the votes severally The meeting of the Saxons at this Assembly in the first times was certain viz. at the new and full Moon But Religion changing other things changed these times to the Feasts of Easter Pentecost and the Nativity at which times they used to present themselves before the King at his Court for the honour of his person and to consult and provide for the affairs of his Kingdom and at such times Kings used to make shew of themselves in their greatest pomp crowned with their Royal Crown This custom continued till the times of Henry the second who at Worcester upon the day of the Nativity offered his Crown upon the Altar and so the Ceremony ceased This grand Assembly thus constituted was holden sacred and all the Members or that had occasion therein were under the Publick faith both in going and coming unless the party were fur probatus If a Member were wronged the Delinquent payed double damages and fine to the King by a Law made by Ethelbert above a Thousand years ago This priviledge of Safe pass being thus ancient and fundamental and not by any Law taken away resteth still in force But how far it belongeth to such as are no Members and have affairs nevertheless depending on that Court I am not able to determine yet it seemeth that Priviledge outreacheth Members unless we should conceit so wide that the State did suppose that a Member might be a notorious and known Thief Lastly this Assembly though it were called the Wittagenmote or the meeting of wise men yet all that would come might be present and interpose their liking or disliking of the Proposition si displicuit sententia fremitu aspernatur si placuit frameas concutiunt And some hints I meet with that this course continued here in England for some Presidents run in magna servorum Dei frequentia and that of Ina commune concilium seniorum populorum totius Regni in another Council by him holden The Council of Winton An 855. is said to be in the presence of the great men aliorumque fidelium infinita multitudine and it will appear that it continued thus after the Norman times What power the vulgar had to controul the Vote of the wise men I find not fremitu aspernabantur it is said and probably it was a touch of the rudeness of those times for it was not from any positive Law of the Nation but a fundamental Law in Nature that wise men should make Laws and that the supream Judicature should rest in the Wittagenmote was never an honour bestowed upon it by the Saxons but an endowment from the light of Reason which can never be taken away from them by that headless conceit provoco ad populum but that Body must be as monstrous as the Anthropophagi whose heads are too nigh their belly to be wise CHAP. XXI Of the Council of Lords THis in the first condition was a meeting onely of the Lords for direction in emergent cases concerning the government and good of the Commonwealth and for the promoting of administration of Justice these the Historian calls Minora because they were to serve onely the present passions of State. Afterwards when they had gotten a King into their number they had so much the more work as might concern due correspondency between him and the people and of themselves towards both This work was not small especially in those times of the growth of Kings but much greater by the access of Prelates into their number with whom came also a glut of Church-affairs that continually increased according as the Prelates ambition swelled so as this Council might seem to rule the Church alone in those days whenas few motions that any way concerned Church-men but were resolved into the Prelatical cognizance as the minora Ecclesiae And thus under the colour of the minora Ecclesiae and the minora Reipublicae this mixt Council of Lords came by degrees to intermeddle too far in the magnalia Regni For by this means the worshipping of Images and the Mass was obtruded upon the Saxons by the Roman Bishop and his Legate and the Archbishop of Canterbury and decreed That no Temporal or Lay-person shall possess any Ecclesiastical possessions That elections of Ecclesiastical persons and Officers shall be by Bishops That the possessions of Church men shall be free from all Lay-service and Taxes And in one sum they did any thing that bound not the whole body of the Freemen In which had these Lords reflected more upon the office and less upon the person and not at all upon their private interest they doubtless had been a blessing to their Generations and a Golden Scepter in the hand of a righteous King But contrarily missing their way they became a Sword in
more uncapable of any new Light. But when the time fore-set is fully come all Mountains are laid low and double-folded Doors fly open and this Conquerour of all Nations attempts Britain not in the Rear nor by undermining but assails them in their full strength presents in a clear Sun-shine that one true Sacrifice of God-man at the appearing whereof their shadows of many Sacrifices of mans flesh fly away And thus those Druides that formerly had dominion of the Britons Faith become now to be helpers of their joy and are become the leaders of the blind people in a better way and unto a better hope and held forth that Light which through Gods mercy hath continued in this Island ever since through many Storms and dark Mists of time until the present Noon-day CHAP. III. Of the entry of the Romans into Britain and the state thereof during their continuance THis conversion of the Druides was but the first step to that which followed for the Decree was more full of grace than to make this Isle to be only as an Inne for him to whom it was formerly given for a possession The Romans are called into the work under whose Iron yoak God had subdued all Nations thereby more speedily to bring to pass his own conquest both of that one Head and all its Members The first Caesar had entred Britain before the Incarnation and having seen and saluted it and played his prize returned with the same only of Conquest of some few Lordships neighbouring to the Belgick shore and so it continued correspondent to the Romans or rather forgotten of them till the time of Claudius the Emperour who being at leisure to bethink him of the Britons Tribute or rather aspiring to honour by a way formerly untroden by his Ancestors first setled Colonies in Britain and brought it into the form of a Province and ingaged his Successors in a continual War to perfect that work which outwearied their strength at last and made them forego the prey as too heavy for the Eagle to truss and carry away It oft befals that things of deformed shape are nevertheless of excellent spirit and serve the turn best of all and it is no less remarkable that this tide of Roman invasion however it represented to the world little other than a tumour of vain-glory in the Romans that must needs be fatal to the Britons liberty and welfare yet by over-ruling providence it conduced so much to the Britons future glory as it must be acknowledged one of the chief master-pieces of supernatural moderatorship that ever this poor Island met with First he taught them to bear the yoke to stoop and become tractable for stubborn spirits must first stoop under power before they will stoop to instruction But this onely in the way for tractableness if good ensue not is of it self but a disposition for evil Secondly it brought into Britain the knowledge of Arts and Civility and questionless it was a wise policy of Agricola to go that way to work for it is an easie and Royal work to govern wise men but to govern fools or mad-men is a continual slavery and thus Religion already setled in Britain became honoured with a train of Attendants and Handmaids Thirdly they reduced the number of little Lordships nigher to the more honourable estate of Monarchy for the Romans by dear experience finding no stability or assurance in what they had gotten so long as so many petty Kings had the rule they wisely brought the whole into one Province because it is much easier to govern many subordinate each to other than co-ordinate one with another over which they allowed one chief to rule the people according to their own Laws saving their service to the Romans and their Lieutenants until they were necessitated to yield up all to the next occupant This served the British Church with a double interest The first Religion spreads sooner under one uniform Government than under variety and under Monarchy rightly ordered rather than any other Government whatsoever albeit that other Governments may afford it faster footing when it is entred Secondly Rome was a renowned Church throughout the world for gifts and graces and it is obvious to conceive that it was specially purposed by Divine Providence to make that place a Fountain that from thence the knowledge of Christ might convey it self joyfully with the influence of Imperial power as the spirits with the Blood into all Nations of that vast body Above one hundred years were spent in this Provincial way of Government of Britain under the Roman Lieutenants during all which time Religion spread under ground whiles the Roman power in a continual war sprang upward Nor is it strange that Religion should thrive in War the French Wars in Edward the Thirds time brought much of this happiness to England from the Waldenses and Germany had no less benefit by the wars of Charles the Fifth with the Italians French and Turks and thus the Romans levened with the Gospel by exchanging men with Britain and other mutual correspondencies insinuated that leven by degrees which in the conclusion prevailed over all For the Roman Lieutenants having gotten sure footing in Britain steered their course with a different hand generally they were of the Roman stamp seeking to kill Christ in the Cradle and by that means Religion met with many storms of bitter persecution and so was compelled to bear a low sail but some being more debonaire and of wiser observation soon found that the way of justice and gentleness had more Force in Britain than Arms and so endeavoured to maintain that by moderation which they had gotten by labour and blood as it is ever seen that where conquest is in the van gentleness follows in the rear because no Bow can stand long bent but at length must give in and grow weak And thus by connivance the Britons got a little more scope and Religion more encouragement till it became acquainted with the Roman Deputies began to treat with the Emperours themselves and under the wise government of Aurelius the Emperour mounting into the British Throne Crowned Lucius first of all Kings with the Royal Title of a Christian. He now not so much a Vassal as a Friend and Ally to the Romans and perceiving the Empire to be past noon and their Lieutenants to comply with the Christians began to provide for future Generations and according to the two grand defects of Religion and Justice applied himself for the establishment of both Religion in Britain hath hitherto been for the most part maintained by immediate influence from Heaven No Schools no Learning either maintained or desired the want whereof together with the persecutions stirred up by the Emperours especially Domitian brought the Church to so low an ebb that the Sacraments ceased for Histories tell us that Lucius sent to Rome for relief and that the Bishop of that place whether Evaristus or Eleutherius sent
over Learned men to Preach and Baptize both King and People and this Rome might probably gain some Honour although possibly the King intended it not or much less to acknowledg any Authority or Power in that Church over that of Britain This act of Lucius so advanced him in the opinion of Writers that they know not when they have said enough Some will have him to be the instrument of the first entry of Religion into this Isle others that he setled a form of Church-government under the three Archbishops of London York and Caerlion upon Vske and 28 Bishopricks the first of which is cried down by many demonstrative instances nor can it consist with the second nor that with it or with the truth of other stories For it neither can be made out that Lucius had that large circuit within his Dominion nor that the title of Archbishop was in his daies known and 't is very improbable that the British Church was so numerous or that Religion in his time was overspread the whole Island nor is there any mention in any Author of any Monuments of these Archbishops or Bishops of Britain for the space of 200. years after this King's reign and yet no continual raging persecution that we read of that should enforce them to obscure their profession or hide their heads or if such times had been it would have been expected that Bishops in those daies should be in Britain as well as in other places most famous for gifts and graces and pass in the forefront of persecution But we find no such thing no not in the rages of Dioclesian which made the British Church famous for Martyrs Writers speak of Alban Amphibalus Aron Julius and a multitude of Lay-people but do not mention one Bishop nor Presbyter nor other Clergy-man but quendam Clericum a man it seems of no note and of unknown name In Charity therefore the English Church in those daies must be of mean repute for outward pomp and to liftedup to that height of Archbishops when as Rome it self was content with a Bishop Somewhat more probable it is that is noted by Writers concerning Lucius his endeavour to settle the Commonwealth and good Laws for Government and to that end did write a Letter to Eleutherius Bishop of Rome for a Model of the Roman Laws probably being induced thereunto by the splendor of the state of the Roman-Church and Commonwealth the onely Favorite of fame in those times through the Northern parts of the World. Things afar off I confess are dim and it is meet that Antiquaries should have the honour due to great after-sight And therefore I might think as some of them have done that the Epistle of Eleutherius to King Lucius is spurious if I could imagine to what end any man should hazard his wits upon such a Fiction or if the incongruities charged against it were incurable but being allowed to be first written in Latine and then translated into British for the peoples satisfaction and in that Language the Original being lost traduced to posterity and then by some Latine Writer in after-ages returned into Latine and so derived to these times all which very probably hath been such occasions of exceptions well arise by mistake of Translators and Transcribers in ignorant times and the substance nevertheless remain entire and true Considering therefore that the matter of that Epistle savoureth of the purer times of the Church and so contrary to the dregs of Romulus I mean the policy practice and language of the Roman Clergy in these latter ages wherein this forgery if so it be was made I must allow it to pass for currant for the substance not justifying the syllabical writing thereof To others it seemeth needless and vain that Lucius should send for a model to Eleutherius when as the Roman Deputies and Legions at home might have satisfied the Kings desire in that particular or their own experience might have taught them grounds sufficient after two hundred years converse with the Romans that they should have little needed a model for that which they saw continually before their view or might have understood by inquiry of their own acquaintance But what could be expected of rough Souldiers concerning form of government of a Common-wealth or if some exceeded the ordinary strain in policy yet they were too wise to communicate such Pearls to conquered Nations that ought to look no higher than the will of the Conquerour and subsist in no better condition than may be controlled by the Supream Imperial Law of the Lord Paramount or if in this they had corresponded to the desires of the Britains yet being for the most part ignorant of the main they could never have satisfied the expectations of a Christian King who desires such a Law as may befriend Religion and wherein no man was more like to give direction than Eleutherius who seeing a kind of enmity between the Roman-Laws and Christ's Kingdom sends to the King a fair refusal of his request upon this ground that Leges Romanas Caesaris semper reprobare possumus He saw that they were not well grounded he therefore refers the King to the sacred Scripture that is truth itself Laws that come nighest to it are most constant and make the Government more easie for the Magistrate quiet for the People and delightful to all because mens mindes are setled in expectation of future events in Government according to the present rule and changes in course of Government are looked at as uncoth motions of the Celestial Bodies portending Judgements or Dissolution This was the way of humane wisdom but God hath an eye on all this beyond all reach of pre-conceit of man which was to make England happy in the enjoying of a better Law and Government than Rome how glorious soever then it was and to deliver that Island from the common danger of the World for had we once come under the Law of the first Beast as we were under his Power we had been in danger of being born Slaves under the Law of the second Beast as other Nations were who cannot shake it off to this day But Lucius lived not to effect this work it was much delayed by the evil of the times nothing was more changeable Then the Emperours grew many of them so vitious as they were a burthen to Mankind nor could they endure any Deputy or Lieutenant that were of better fame than themselves had Some of them minded the affairs of the East others of the North none of them were ad omnia And the Lieutenants in Britain either too good for their Emperour and so were soon removed or too bad for the people of the Land and never suffered to rest free from Tumults and Insurrections So that neither Lucius could prevail nor any of his Successors but passing through continual cross flouds of Persecutions under Maximinus Dioclesian and Maximinianus and many Civil Broiles till the times of Constantine
for the Saxons to get all their bounds being predetermined by God and thus declared to the world In all which God taming the Britons pride by the Saxons power and discovering the Saxons darkness by the Britons light made himself Lord over both people in the conclusion CHAP. V. Of Austin's coming to the Saxons in England His Entertainment and Work. DUring these troublesome times came a third party that wrought more trouble to this Isle than either Pict or Saxon for it troubled all This was the Canonical power of the Roman Bishop now called the Universal Bishop For the Roman Emperour having removed the Imperial residence to Constantinople weakned the Western part of the Empire and exposed it not only to the forrain invasions of the Goths Vandals Herules Lombards and other flotes of people that about these times by secret instinct were weary of their own dwellings but also to the rising power of the Bishop of Rome and purposely for his advancement Who by patience out-rode the storms of forrain force and took advantage of those publick calamitous times to insinuate deeper into the Consciences of distressed people that knew no other consolation in a plundred estate but from God and the Bishop who was the chief in account amongst them The power of the Bishop of Rome thus growing in the West made him to out-reach not only his own Diocess and Province but to mind a kind of Ecclesiastical Empire and a title according thereunto which at length he attained from an Emperor fitted for his turn and that was enough to make him pass for currant in the Empire But Britain was forsaken by the Roman Empire above 153 years before So as though the Emperor could prefer his Chaplains Power or Honour as far as his own which was to the French shore yet Britain was in another world under the Saxons power and not worth looking after till the plundering was over and the Saxon affairs setled so as some fat may be had Then an instrument is sought after for the work and none is found so far fit to wind the Saxon up to the Roman bent as a Monk that was a holy humble man in the opinion of all but of those that were so in the truth and knew him This is Austin sent by Pope Gregory to do a work that would not be publickly owned It was pretended to bring Religion to the Saxons in England therefore they give him the title of the Saxon Apostle but to be plain it was to bring in a Church-policy with a kind of worship that rendred the Latria to God and the Dulia to Rome The Saxons were not wholly distitute of Religion and that Gregory himself in his Letter to Brunchilda the French Queen confesseth Indicamus saith he ad nos pervenisse Ecclesiam Anglicanam velle fieri Christianam so as there was a good disposition to Religion before ever Austin came and such an one as rang loud to Rome But far more evident is it from the Saxons keeping of Easter more Asiatico which custom also continued after Austins coming fifty years sore against Austins will. The dispute between Coleman and Wilfride bears witness to that and it had been a miraculous ignorance or hardness had the Saxons a people ordained for mercy as the sequel shewed conversed with the Christian Britons and Picts above 150 years without any touch of their Religion If we then take Austin in his best colour he might be said to bring Religion to the South-Saxons after the Roman garb and his hottest disputes about Easter Tonsure the Roman supremacy and his own Legatine power and his worthy Queries to the Pope shew he regarded more the fashion than the thing and the fashion of his person more than the work he pretended for he loved state and to be somewhat like to the Legate of an Universal Bishop and therefore of a Monk he suddenly becomes a Bishop in Germany before ever he had a Diocess or saw England and after he perceived that his work was like to thrive he returned and was made Archbishop of the Saxons before any other Bishops were amongst them and after three years had the Pall with title of Supremacy over the British Bishops that never submitted to him His advantages were first his entrance upon Kent the furthest corner of all the Island from the Britains and Picts and so less prejudiced by their Church-policy and at that very time interessed in the Roman air above all the other Saxons for their King had Married a Daughter of France one that was a pupil to Rome and a devout woman she first brought Austin into acceptance with the King who also at that present held the chief power of all the Saxon Kings in this Isle which was now of great efficacy in this work for where Religion and power flow from one spring to one stream it is hard to chuse the one and refuse the other And thus Rome may thank France for the first earnest they had of all the riches of England and we for the first entrance of all our ensuing bondage and misery Austin had also a gift or trick of working miracles whether more suitable to the working of Satan or of God I cannot define It seems they walked onely in the dark for either the Britons saw through them or saw them not nor could Austin with his miracles or finess settle one footstep of his Church-poliy amongst them happily they remembring the Roman Dagon liked the worse of the Roman woman and the rather because the Carriage of their Messenger was as full of the Archbishop as it was empty of the Christian. I would not touch upon particular passages of action but that it is so remarkable that Austin himself but a Novice in comparison of the British Bishops the clearest lights that the Northern parts of the world then had and unto whom the right hand of fellowship was due by the Roman Canon should nevertheless shew no more respect to them at their first solemn entrance into his presence than to Vassals I would not but note the same as a strong argument that this whole work ab initio was but a vapour of Prelacy This the British Bishops soon espied and shaped him an answer suitable to his message the substance whereof was afterward sent him in writing by the Abbot of Bangor and of late published by Sir Henry Spelman as followeth BE it known and without doubt unto you that we all and every one of us are obedient and subject to the Church of God and to the Pope of Rome and to every godly Christian to love every one in his degree in perfect Charity and to help every one of them by word and deed to be Children of God And other obedience than this I do not know to be due to him whom you name to be Pope nor by the Father of Fathers to be claimed or demanded And this obedience we
of the like nature in Histories may appear The Conveyances formerly mentioned concerned Lands and Goods but if no such disposal of Goods were the ancient German custom carried them after the death of the ancestor promiscuously or rather in common to all the Children but in succeeding times the one half by the Law of Edmond passed to the relict of the party deceased by force of contract rather than course of descent After him Edward the Confessor recollecting the Laws declared that in case any one died intestate the Children should equally divide the Goods which I take to be understood with a salvo of the Wifes Dower or Portion As yet therefore the Ordinaries have nothing to do with the Administration for Goods passed by descent as well as Lands and upon this custom the Writ de rationabili parte bonorum was grounded at the Common-law as well for the Children as the Wifes part according as by the body of the Writ may appear CHAP. XLII Of times of Law and Vacancy SUch like as hath been shewed was the course of Government in those darker times nor did the fundamentals alter either by the diversity and mixture of people of several Nations in the first entrance nor from the Danes or Normans in their survenue not onely because in their original they all breathed one air of the Laws and Government of Greece but also they were no other than common dictates of nature refined by wise men which challenge a kinde of awe in the sense of the most barbarous I had almost forgot one circumstance which tended much to the honour of all the rest that is their speedy execution of Justice for they admitted no delays till upon experience they found that by staying a little longer they had done the sooner and this brought forth particular times of exemption as that of Infancy and Child-bearing in case of answering to criminal Accusations But more especially in case of regard of holiness of the time as that of the Lords day Saints days Fasts Ember days for even those days were had in much honour Nor onely days but seasons as from Advent to the Octaves of Epiphany from Septuagesima till Fifteen days after Easter or as by the Laws of the Confessor till Eight days after Easter and from Ascention to the Eighth day after Pentecost And though as Kings and times did change so these seasons might be diversly cut out as the Laws of Alfred Aethelstan Aetheldred Edgar Canutus and Edward do manifest yet all agreed in the season of the year and that some were more fit for holy observation than others And thus by the devotion of Princes and power of the Clergy the four Terms of the year were cut out for course of Law in the Kings Court the rest of the year being left vacant for the exercise and maintenance of Husbandry and particular callings and imployments saving that even in those times the Courts of the County and Hundred held their ancient and constant course Last of all and as a binding Law unto all it was provided that false Judges should give satisfaction to the party wronged by them and as the case required to forfeit the residue to the King to be disabled for ever for place of judicature and their lives left to the Kings mercy CHAP. XLIII The end of the Saxon Government ANd this far of the joynts of the Saxon Government in their Persons Precincts Courts Causes and Laws wherein as the distance will permit and according to my capacity I have endeavoured to refresh the Image of the Saxon Commonwealth the more curious lineaments being now disfigured by time Afar off it seems a Monarchy but in approach discovers more of a Democracy and if the temper of a body may appear by the prevailing humour towards age that Government did still appear more prevalent in all assaults both of time and change The first great change it felt was from the Danes that stormed them and shewed therein much of the wrath both of God and man. And yet they trenched not upon the fundamental Laws of the peoples Liberty The worst effect was upon the Church in the decay of the power of Religion and the Worship of God. For after much toil and loss both of sweat and bloud the Danes finding that little was to be gotten by blows but blows and that the Clergy at the least was the side-wind in the course of all affairs laid aside their Paganism and joyned with the Clergie and as their Converts and Pupils gained not onely their quiet residence but by the favour of the Clergie to make trial of the Throne and therein served the Clergie so well as they brought the people to a perfect Idolatry with times places and persons and subjection of their Estates to Church-Tributes And as at Tennis the Dane and Bishop served each other with the fond Country-man that whether Lord Dane or Lord-Bishop was the greater burthen is hard to be determined Thus became ambitious Prelacy in its full glory and the poor Church of Christ clouded in darkness and little hold left for recovery but onely by the liberty of the Saxon Freemen which the Danes could never conquer not for want of will or power but of time and occasion For the Crown returned to the Saxon-line again after the half age of one man although it was worn by three so God would have it nor did any monument of the Danish Government remain saving a few customs in some places which shew rather that the Danes were here than that they ruled here To sum up all The Saxon Common-wealth was a building of greatest strength downward even to the foundation arched together both for Peace and War. That by the Law of Decenners wherein Justice was the bond their Armies were gathered not by promiscuous flocking of people but by orderly concurrence of Families Kindreds and Decenners all chusing their own Leaders And so Honour Love and Trust conspired together to leave no mans life in danger nor death unrevenged It was a beautiful composure mutually dependant in every part from the Crown to the Clown the Magistrates being all choice men and the King the choicest of the chosen election being the birth of esteem and that of merit this bred love and mutual trust which made them as corner-stones pointed forward to break the wave of danger Nor was other reward expected by the great men but honour and admiration which commonly brought a return of acts of renown Lastly it was a regular frame in every part squared and made even by Laws which in the people ruled as Lex loquens and in the Magistrate as Lex intelligens all of them being grounded on the wisdom of the Greeks and Judicials of Moses Thus the Saxons became somewhat like the Jews distinct from all other people their Laws honourable for the King easie for the Subject and their Government above all other likest unto that of Christ's Kingdom whose
that Prince that will keep Guards about his Person in the midst of his own people may as well double them into the pitch of an Army whensoever he pleases to be fearful and so turn the Royal power of Law into force of Arms. But it was the French fashion and the King 's good hope to have all taken in the best sence His Title setting aside the saying of Philip the Hardy That Kingdoms onely belong to them that can get them would hardly endure the touch till Pope Innocent by his Bull confirmed the Crown to him to hold by a six-fold right Viz. Of Inheritance of War of Espousals of Election of Gift by Parliament and lastly of Pontifical Benediction which the King liked marvelous well and the rather because his Title by Marriage was buried up in the middle and so made the less noise For though it was his best guard yet he liked not that it should be so reputed lest his Title should seem rather conferred upon him than gained by him and so should hold by a Woman or at the best by the courtesie of England if the Peoples favour should so far extend the Law in that point by both which he holds the honour of a compleat King diminished His Title by Inheritance is much disputable if the right Heirs of John of Gaunt be enquired after And much more that of War for although that brought the Possession yet no right or Title but by wrong which may indeed be plaistered over by Election or Act of Parliament but then he must be Tenant to the People As touching the Pontifical Benediction himself took that but as a redundancy that might sway with the Clergie and do his Title no hurt Nevertheless what severally they cannot do by joynt concurrence he accounts so fully done as if he were a King against all the World and more Yet is he not sure enough but as one jealous is more tender so is his eye ever upon his Title there is his guard and regard as if it were the outworks of his Crown which once lost the Crown cannot hold out long In this work he minded so much his Greatness that he lost the repute of his Goodness Then casting his eye upon the Government and finding it of a mixt temper wherein if Royalty prevails not Popularity will like a good Souldier whilst his strength is full he sallies upon the peoples liberties in regard of their persons with such cunning conveyance as he taught the People to dance more often and better to the tune of Prerogative and Allegiance than all his Predecessors had done Nor did the People perceive it till they were over their Shoes and then they clearly saw their condition and that it was in vain for them to wrangle with their own acts of which more particularly in the next Chapter The Legiance of persons of the People once gained their Estates more easily follow And therefore though in the former he wrought by Ambuscado in this he may be more brave and charge them in the Van. Yet this he did also by degrees first by light skirmishes of borrowing smaller sums of money possibly when he had no need and paying them again thereby to gain credit for greater sums of which he intended not so sudden return Then he charges them home with Benevolences a trick gained in right of his Wife from her Father for he hoped that the person of Richard the Third was now become so abominable as his Laws would be the less regarded But in this course he gained nothing but Wind. Then as Edward the Fourth he falls upon Malevolences of Penal Laws things made in terrorem to scare men to obedience rather than to compel them but are now executed Ad angorem and the people find that he is but a word and a blow with them and thus serving his Prerogative with Power and his Purse with his Prerogative he made all serve his own turn Humanitatem omnem vincente periculo In the Field he always put his Wisdom in the Van for as he was parsimonious in expences of Money so much rather of Bloud if he could prevail by Wit. Generally he was the first in Arms to make men believe he was more ready to fight than they Thus he many times gained the advantage of his Adversaries and sometimes came off without blows In the Battle he did put on courage as he did his Armour and would dare to adventure just as far as a General should as if he had ever regard of his Crown rather than of the honour of a forward Souldier which nevertheless was also so dear to him as he is seldom found in the Rear although his Judgement commanded in chief rather than his Courage In the Throne he is much more wise because he was willing it should be known In doing Justice he is seldom suspected unless where himself is party and yet then he is also so shame-faced as he would ever either stalk behind some Law that had a semblance to his ends or when he meant to step out of the way he would put his Ministers before not so much that his fineness might be known but his Royalty For the Lion hunts not its own prey nor is it Regal for a King to be seen in catching of Money though he be understood Besides it was needless he had Lords Bishops Judges and other instruments of malevolent aspects as so many Furies outwardly resembling men for the Commonwealth but working for the common mischief like some Pictures one way looking right and another way looking wrong And thus the King comes lawfully by what he catched though his instruments did not and must be still holden for a good King though it be his hard hap to have ill servants Take him now amongst the people he is alike to all yea in some things that might seem to brush upon the King 's own train for he had some of his suit that were not altogether of his mind and these he would spare to the course of Justice if need were As it befel in the case of the Duke of Suffolk whom he suffered to be tried at the Kings Bench-bar for a Murder done upon a mean person and by such means obtained the repute of a zealous Justiciar as if Justice had been his principal vertue All this suited well with his main end for he that will milk his Cattle must feed them well and it encourages men to gather and lay up when they have Law to hold by what they have His Religion I touch upon in the last place as most proper to his temper for it was the last in his thought though many times the first in the acting But where it stood in his way he turned it behind him he made Church-men his instruments that the matter might better relish for who will expect ought save well from men of Religion and then if the worst come he was but misled by such as in common reason ought
to be trusted And it is his unhappiness to meet with Clergy-men to serve a turn and a Pope to give his Benediction to all Nor was this Gratis for there were as many mutual engagements between the Clergie and him as any of his Predecessors of the House of Lancaster besides Lastly It may well be supposed however wise this King seemed to be that many saw through him which procured him a troublesome Reign though many times occasioned by his own interposing in Foreign Interests wherein he suffered more from others than they from him Amongst the rest the Dutchess of Burgundy though a Woman she were mated him with Phantomes and Apparitions of dead Bodies of the House of York the scare whereof put the King and all his people in alarm and striking at idle shadows slew one another All which together with the appearances of Collections Taxes and other accoutrements to furnish such employments were enough to disturb that ease and rest that the King aimed to enjoy make him burthensome to his people and both himself and them weary of each other And so he went down to the Grave with but a dry Funeral leaving no better testimonie behind him than that he was a cunning man rather than a wise English King. And though he died rich yet is he since grown into debt to the Pen-men of his story that by their own excellencie have rendred him a better King than he was Henry the Eighth was a Conception in whom the two Bloods both of York and Lancaster did meet both of them unconquered both of them predominant and therefore no wonder if he was a man beyond the ordinary proportion of other men in stature of Body and in qualities of Mind not disproportionable It is regularly true that great Bodies move slowly but it holds not where much Spirit is and it was the condition of this Prince to have a Spirit of the largest size that acted him into motion with no less speed than mighty power This himself understood right well and therefore might be haughty upon a double Title both of Purchase and Inheritance Nor did he fail of expectation herein for he could not endure that man that would own his right in competition with King's aims and therefore would have his Kingdom be like his Doublet to keep him warm and yet sit loose about him that he might have elbow-room Suitable hereunto were his undertakings invited thereunto by the inordinate motions or rather commotions of his neighbouring Princes For it was now full Sea in all Countries and though England was inferiour to some of them yet the King held it dishonourable for him not to adventure as far as the bravest of them and in the end out-went them all What he wanted in number he supplied in courage wherein he so exceeded that he avoided dangers rather out of Judgement than Fear His thoughts Resolutions Endeavours and Actions were all the birth of Occasion and of each other as if he had obtained a general Pass from Providence with warranty against all Counter-guards whatsoever His Wisdom served him to espie present opportunities rather than to foresee them and therefore was not so crafty as his Father in preventing occasions yet more dexterous in giving them the rout For he could manage his hand and foot better than his Father strike downright blows and rather than he would fail of his ends would make one as many times he did Another advantage he had of his Father for considering the times he was a learned King which made his Actions carry more Majestie and like a well-feathered Arrow from a strong had drive through the wind steadily to the mark Whenas his Father like a weak Archer must raise his compass and crave aid of the Wind to help him to be right in the end It is affirmed by some that Henry the Eighth was courteous and debonair if so he must thank his Education but it may be rather supposed that upon occasion he used the art of Insinuation which he might learn both from the Father-side and Mother-side but he neither practised it much nor did he rely upon that skill for his resolution led him to cut the knot that he could not untie His Learning led him most to Divinity and therein shewed him light enough to see much into the Mystery of Iniquity which he did explain to the World passing well but as touching Devotion he left that to the care of the Church-men He was very well accommodated with Money First from the full Coffers left by his Father much whereof he spent in Pastimes and Gallantry as he was Heir to Edward the Fourth and much also in his Devotion to the Pope as he was Heir to Henry the Seventh in lieu of all which he was rewarded with a Title Defender of the Faith and so of much ill gotten was much ill spent But a better supply he had when Rome and he parted asunder and the Current of the Riches of the Clergie was stopped from running at waste and returned into the Kings own Treasury and so might have died the richest Prince in the World but that he wanted the main Clause in the Conveyance To have and to hold The Wisdom of God so ordered it for these felicities were too great and many for any moderate spirit to bear gently much more for the King's Spirit that was ever on the Pinacle and grown to that height that like an embossed Stag none must cope with him he must run and out-run all none must cross him under extream peril no good is to be done but by following afar off Nor is it a full wonder if in this his heat he knows neither faithful Servant Counsellor nor Wife but strikes at all that stands in his way Nevertheless in his cool temper and when he was entangled with some perplexed occasion he could use the advantage of good Counsel and the wits of others that were more crafty than himself Wherein it was his good hap to have some ever nigh him that were for his turn and unto them committed much that himself might be at ease to hear good news of successful dispatches In his youth he was served by the wise Counsellors trained up by his Father and he then willingly enough for his pleasure was contented by their advice to serve his people for a time that they might be his Servants for ever The two great Conduit-Pipes of this Treasury which he had from his Father he cut off at his peoples request as if he loved his People above all his Riches And after that he laid aside his pleasures and youthful company to apply himself more closely to the affairs of his Kingdom as if he loved that above all pleasure which nevertheless stuck to him so long as he lived and swayed too much in the greatest Affairs of his Government Thus the first heat of his course was run well so long as the Privy Council continued moderately poised But no sooner began one of