note and of unknown name In charity therefore the English Church in those daies must be of mean repute for outward pompe and not lifted up to that height of Archbishops when as Rome it selfe was content with a Bishop Somewhat more probable it is that is noted by writers concerning Lucius his endeavour to settle the Common-wealth and good Lawes for government and to that end did write a Letter to Eleutherius Bishop of Rome for a modell of the Roman Lawes probably being induced thereunto by the splendor of the state of the Roman Church and Common-weale the onely favourite of fame in those times through the Northern parts of the World Things afar off I confesse are dim and its meet that Antiquaries should have the honour due to great after-sight And therfore 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 hazzard 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 originall 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 might well arise by mistake of translators and transcribers in ignorant times and the substance neverthelesse remaine 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 Cic. Attic. 2. I meane 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 passe for currant for the substance not justifying the syllabicall writing thereof To others it seemeth needlesse and vaine that Lucius should send for a modell to Eleutherius when as the Roman Deputies and Legions at home might have satisfied the Kings desire in that particular or their owne experience might have taught them grounds sufficient after two hundred yeeres 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 forme of government of a Common-weale or if some exceeded the ordinary straine in policy yet they were too wise to communicate such Pearles to conquered Nations that ought to look no higher then the will of the Conquerour and subsist in no better condition then may be controlled by the Supreame Imperiall Law of the Lord Paramount or if in this they had corresponded to the desires of the Britaines yet being for the most part ignorant of the maine 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 then Eleutherius who seeing a kind of enmity between the Roman Lawes and Christs Kingdom sends to the King a fair refusall 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 it selfe Lawes that come nighest to it are most constant and make the government more easie for the Magistrate quiet for the people and delightfull to all because mens minds are setled in expectation of future events in government according to the present rule and changes in course of government are looked at as uncouth motions of the Celestiall bodies portending judgements or dissolution This was the way of humane wisdome but God had an eye on all this beyond all reach of preconceipt of man which was to make England happy in the enjoying of a better Law and government then 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 borne 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 worke it was much delayed by the evill of the times nothing was more changeable then the Empire grew the Emperours many of them so vicious as they were a burden to mankind nor could they endure any Deputy or Lieutenant that were of better fame then themselves had Some of them minded the affaires of the East others of the North none of them were ad omnia And the Lieutenants in Britaine 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 neither Lucius could prevaile nor any of his successors But passing through continuall crosse flouds of persecutions under Maximinus Dioclesian and Maximinianus and many civill broyles till the times of Constantine at length it attained the haven For Constantine having overcome Maxentius and gotten thereby into the highest Orbe of government in the Empire reflected such an amiable aspect upon the Churches especially in Britaine as if he had intended to pay to them all that God had lent him A wise Prince he was questionlesse yet towards the Church shewed more affection endeavouring to reduce the government in every place unto the Roman Prototype and therein added much honour to that See especially to Pope Sylvester whose Scholler he had been This may seem a sufficient inducement to perswade that he was the first patron of English Prelacy seeing we finde it in no approved testimony before that time nor was it long after whenas the presence of the Brittish Bishops are found at the Synod by him called at Arles viz. the Bishops not Archbishops of London and Yorke Concil Brit. 42. and the Bishop of Maldune and those in no great pompe if the relation be true that by reason of their poverty they were not able to undergoe the charge of their journey and attendance so as it seems they had but new set up and had not yet found out the right way of trade that other Bishops had attained And thus God ordered first the setling of a Government of the Church in Britaine and its Liberties before the Secular part enjoyed any therein working with this Nation as with a man making him to be bonus homo before he can be bonus civis The Church of Britaine thus set together is wound up for motion they soon learnd the use of Synods from that Synod at Arles if they had it not before and tooke as much power to themselves in their Synods as in other Countries was used and somewhat more to boot For they had the hap to continue in Britaine in
in the Lawes cap. 2. Rights of Tythes of a Lay fee or where the tenure is in question belong to the Kings court Pleas of debts by troth-plight belong to the Kings Court. cap. 3. These were Saxon Laws and do intimate that it was the indeavour of the Clergy to get the sole cognisance of Tythes because they were originally their dues and of the debts by troth-plight because that oaths seemed to relate much to Religion whereof they held themselves the onely professors The Kings Justice shall reforme errourrs of Ecclesiasticall Courts and Crimes of Ecclesiasticall person cap. 4. Appeales shall be from Archdeacons Courts to the Bishops Courts and thence to the Archbishops courts cap. 5. and thence to the Kings court and there the sentence to be finall No man that ever was acquainted with antiquity will question that these were received Laws in the Saxons time Constit at Clarindon nor did the Clergy ever quarrell them till the Normans taught them by curtesie done to Rome to expect more from Kings then for the present they would grant whereof see Cap. 47. But King Steven that was indebted to the Clergy for his Crowne and could not otherwise content them parted with this Jewel of supreame power in causes Ecclesiasticall to the Roman cognisance as hath been already noted but Henry the second would none of this cheate at so easie a rate This strooke so smart a blow as though the Popedome had but newly recovered out of a paralitique Schisme yet seeing it so mainly concerned the maintenance of the tripple Crown Alexander the Pope having lately been blooded against a brave Emperour made the lesse difficulty to stickle with a valiant King who in conclusion was fain to yeeld up the bucklers and let the Pope hold what he had gotten notwithstanding against this law and all former Law and custome And thus the Popes supremacy in spirituall causes is secured both by a recovery and judgement by confession thereupon Constit at Clarindon The King shall have vacances of Churches cap. 6. and power to elect by his secret Councell The party elected shall doe homage salvo ordine and then shall be consecrated This certainly was none of the best yet it was a custome not altogether against reason although not suitable to opinion of many yet we meet two alterations of the ancient custome First that the election shall be by the King and secret Councell whereas formerly the election of Bishops and Archbishops was of such publique concernment as the Parliament tooke cognisance thereof and that which was worse a Councell was hereby allowed called a secret Councell which in effect is a Councell to serve the Kings private aimes and unto this Councell power given in the ordering of the publique affaires without advice of the publique Councell of Lords which was the onely Councell of state in former times and thus the publique affaires are made to correspond with the Kings private interest which hath been the cause of much irregularity in the government of this Island ever since The second alteration resteth in the salvo which is a clause never formerly allowed unlesse by practise in Stevens time when as there was little regard of the one or the other Nor doth it concurre with the file of story that it should be inserted within these constitutions Constit at Clarindon seeing that writers agree it was the chiefe cause of quarrell between him and Becket who refused submission without the clause and at which the King stooke with the Archbishop for the space of seven yeeres which was six yeeres after the Constitutions were consented unto and concluded upon cap. 7. No Clergy man or other may depart the Realm without the Kings licence It s a law of Nations and must be agreed on all hands that no reason of state can allow dispensations therein especially in a doubtfull government where the Supremacy is in dispute and this the wilfull Archbishop never questioned till he questioned all authority but in order to his own for but the yeere before when he went to Turonn to the generall Councell upon summons M. Paris he first obtained licence from the King before he went No sentence of excommunication or interdiction to passe against the Kings tenant or any minister of state cap. 8. without licence first had of the King or his chiefe Iustice in the Kings absence Till the Conquest no Excommunication passed without warrant of Law made by the joynt assembly of the Laity and Clergy but the Conquerour having let loose the Canons Constit at Clarindon and the Clergy having gotten the upper hand in Councels made Canons as they pleased and so the Laity are exposed to the voluntary power of the Canon vid. cap. onely as well the Normans as untill these times Kings have saved their owne associates from that sudden blow and upon reason of religious observance least the King should converse with excommunicate persons ere he be aware The Laity are not to be proceeded against in Ecclesiasticall Courts cap. 9. but upon proofe by witnesses in the presence of the Bishop and where no witnesses are the Sheriffe shall try the matter by Iury in the presence of the Bishop A negative law that implieth another course was used upon light fame or suspition ex officio although the oath at that time was not borne into the world and that all this was contrary to the liberty of the Subject and law of the Land and it intimates a ground of prohibition in all such cases upon the common law which also was the ancient course in the Saxons times as hath been formerly noted Excommunicated persons shall be compelled onely to give pledge and not Oath cap. 10. or baile to stand to the judgement of the Church Upon the taking and imprisoning of the party excommunicate Constit at Clarindon the course anciently was it seemeth to give pledge to stand to order of this the Bishops were weary soon as it seemeth and therefore waved it and betooke themselves to other inventions of their own viz. to bind them by oath or baile both which were contrary to law for no oath was to be administred but by law of the kingdome nor did it belong to the Ecclesiasticall laws to order oathes or baile and therefore this law became a ground of prohibition in such cases and of the Writ de cautione admittenda cap. 11. Persons cited and making default may be interdicted and the Kings Officer shall compell him to obey If the Kings Officer make default he shall be amerced and then the party interdicted may be excommunicated So as the processe in the Spirituall Courts was to be regulated according to Law nor did it lie in the power of such Courts to order their own way or to scatter the censure of excommunication according to their own liking This together with all those that foregoe the Archbishop upon his repentance absolutely
of Ecclesiasticall Empire and a title according thereunto which at length he attained from an Emperour fitted for his turne and this was enough to make him passe for currant in the Empire But Britaine was forsaken by the Roman Empire above 153 yeeres before so as though the Emperour could preferre his Chaplaines power or honour as far as his owne which was to the French shore yet Britaine was in another world under the Saxons power and not worth looking after till the plundering was over and the Saxon affaires setled so as some fat may be had then an instrument is sought after for the worke and none is found so farre fit to winde the Saxon up to the Roman bent as a Monke 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 doe a worke that would not be publiquely 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 plaine 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 wholy destitute of Religion and that Gregory himselfe in his Letter to Brunchilda the French Queen confesseth Indicamus saith he ad nos pervenisse Ecclesiam Anglicanam velle fieri Christianam Greg. Epist lib. 5. Epist 59. so as there was a good disposition to religion before ever Austen came and such an one as rang loud to Rome But farre more evident is it from the Saxons keeping of Easter more Asciatico which custome also continued after Austens comming fifty yeers sore against Austens will Bed hist lib. 3. cap. 25. the dispute between Coleman and Wilfride beares witnesse to that and it had been a miraculous ignorance or hardnesse had the Saxons a people ordained for mercy as the sequell shewed conversed with the Christian Britaines and Picts above 150 yeeres without all touch of their Religion Bed hist lib. 1. cap. 23. Lib. 3. cap. 4. If we then take Austen in his best colour he might be said to bring religion to the South-Saxons after the Roman garbe and his hotest disputes about Easter Tonsure the Roman supremacy and his owne Legatine power Bed hist lib. 1. cap. 27. Lib. 2. cap. 2. and his worthy Queres to the Pope shew he regarded more the fashion then the thing and the fashion of his person more then the worke he pretended for he loved state Greg. Epist l. 7. Epist 13. and to be somewhat like to the Legate of an Univerall Bishop and therefore of a Monke he suddenly becomes a Bishop in Germany before ever he had a Diocesse or saw England Concil Brit. 92. and after he perceived that his worke was like to thrive he returned and was made Archbishop of the Saxons before any other Bishops were amongst them Bed hist lib. 1. cap. 29. and after three yeeres 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 Iland from the Britaines and Picts and so lesse prejudiced by their Church-policy and at that very time interessed in the Roman ayre above all the other Saxons for their King had married a daughter of France one that was a pupill to Rome and a devout woman Bed hist lib. 1. cap. 25. Greg. Epist lib. 9. Epist 59. she first brought Austen into acceptance with the King who also at that present held the chiefe power of all the Saxon Kings in this Isle which was now of great efficacy in this worke for where Religion and power flow from one spring in one streame its 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 2 Thes 2. Austen had also a gift or trick of working miracles wherein whither more suitable to the working of Satan or of God I cannot define It seemes they walked onely in the dark for either the Britons saw through them or saw them not nor could Austen with his miracles or finenesse settle one foot-step of his Church-policy 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 s so remarkable that Austen himselfe 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 neverthelesse shew no more respect to them at their first solemn entrance into his presence then to vassals as I could not but note the same as a strong argument that his whole work ab initio was but a vapour of Prelacy This the British Bishops soon espied and shaped him an answer sutable 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 helpe every one of them by word and deed to be children of God And other obedience then this I doe 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 are ready to give and pay to him and to every Christian continually Besides we are under the government of the Bishop of Caerleon upon Uske who is to oversee under God over us and cause us to keep the way spirituall This was the Britons resolution and they were as good as their word for they maintained the liberty of their Church five hundred yeeres after this time and were the last of all the Churches of Europe that gave their power to the Roman beast and in the person of Henry the eighth that came of that blood by Teuther the first that tooke away that power againe Austen having met with this affront and perceiving that the Britons were stronger in their faith then he by his miracles cast about to try the Saxons curtesie that what the Ephod could not the Sword wrapt up therein should Bed hist lib. 2. cap. 2. Concil Brit. fo 111. I say not that he procured but he threatned or prophesied the destruction of the Monkes of Bangor and it came to passe and it s by writers loudly suspected Neverthelesse the
a sufficient Seale to all weights and measures which they committed to some Clerke whom they trusted and at this day though a Lay-person beareth title of Clerke of the market And although anciently they might not interesse secularibus yet afterwards it became a part of their Office to assist Judges in secular causes to see that justice be not wronged and had the sole cognisance of all causes criminall belonging to the Clergy their tenants or servants and in their Synods their power reached to such crimes of Lay-men as came within the savour of the Canon though it were but in the cold sent as the Lawes of Athelstane and other his successors sufficienly set forth And thus dressed up let them stand aside that roome may be made for their traine CHAP. IX Of the Saxon Presbyters THese follow their Lords the Bishops as fast as they can hunt Concil Brit. p. 576. for being of the same Order as the lesse proud times acknowledged they would not be under foot and the others above the top True it is that the Bishops loaded them with Canons and kept them under by hard worke under the tricke of Canonicall obedience yet it was no part of their meaning to suffer them to become vile in the eyes of the Laity for they knew well enough that the Presbyters must be their bridles to lead and curbe the people and their eyes to see whether the winds from below blew faire or foule for them whose consciences already told them that they merited not much favour from the people They see it therefore necessary to inhaunce the price of a Presbyter somewhat within the aloye of a Bishop to the end that the Presbytery may not be too like the Babylonian Image whose head was Gold and feet of Iron and Clay A Presbyter therefore they will have to be of equall repute with a Baron Concil Brit. p. 448. Ll Ethelst 13. Ibid. 406. Concil Brir p. 273. L. Aethel c. 2. Ll. Canut c. 12. Mag. cent 8. cap. 9. and his person shall be in repute so sacred as that all wrong done thereunto must be doubly punished with satisfaction to the party and to the Church His credit or fame must not be touched by lay-testimony Nor is he to be judged by any seculer power but to be honoured as an Angell Such are these instruments of the Bishops government and these are put as a glasse between the Bishops and people and could represent the people to the Bishop black or white and the Bishop to them in like manner as they pleased and so under fear of the Bishops curse kept the people in awe to themselves and it CHAP. X. Of other inferiour Church-Officers amongst the Saxons THey had other inferiour degrees of the Clergy which because they are meerly subservient and not considerable in Church-government I shall onely touch upon them The first are called Deacons Deacons which were attending upon the Presbyters to bring the offerings to the Altar to read the Gospell to baptize and administer the Lords Supper Then follow the Subdeacons who used to attend the Deacons with consecrated vessels Sub. Deacons and other necessaries for the administring of the Sacraments Acolites Next these Acolites which waited with the Tapers ready lighted while the Gospell was read and the Sacrament consecrated Then Exorcists Exorcists that served to dispossesse such as are possessed by the Divell an Office as it may seem of little use Concil Brit. p. 54. Lecturers yet very ancient for they are found at the Synod at Arles which was within three hundred yeeres after Christs death Lecturers come next who served to read and expound and these were of use when Churches began to multiply and Presbyters grew idle Lastly Ostiaries Ostiaries which used to ring the bels and open and shut the Church-doores These are the severall ranks of Church-officers being seven in number for Bishops and Presbyters make but one and might be as thus ordered the seven heads of the beast whereon the woman sitteth Concil Brit. 261. An. 750. and with much adoe make up a kind of Church-service somewhat like a great Hoe in a ship-yard at the stirring of a little log and are neverthelesse well payd for their labour CHAP. XI Of Church-mens maintenance amongst the Saxons I Take no notice in this account of the Abbats and Priors other such religious men as they were then called nor can I passe them amongst the number of Church-governours or Officers being no other then as a sixt finger or an excrescence that the body might well spare and yet they sucked up much of the blood and spirits thereof But as touching the maintenance of those formerly mentioned who had a constant influence in the government of the affaires of the publique worship of God and regard of the salvation of the soules of the people I say their maintenance was diversly raised and as diversly imployed First through the bounty of Kings and great men Lands and Mannors were bestowed upon the Metropolitan and Bishops in free almes and from these arose the maintenance that ascended up in abundance to the higher Region of the Clergy but came againe in thinne dewes scarce enough to keep the husbandmans hope from dispaire otherwise had not the Prelates so soon mounted up into the chaire of pompe and state as they did I say these are given in free almes or more plainly as almes free from all service and this was doubtlesse soon thought upon for it was formerly in president with their heathenish Priests and Druids as Caesar noteth Com. 6. that they had omninm rerum immunitatem yet with the exception of works of publique charity and safety such as are maintaining of high waies repairing of bridges and fortifying of Castles c. and hereof the presidents are numerous The worke whereto this wages was appointed was the worship of God and increase of Religion and thus not onely many of the Kings Subjects were exempted from publique service but much of the Revenue of the Kingdome formerly imployed for the publique safety became acquitted from the service of the field to the service of the beade the strength of the Kingdome much impaired and the subjects much grieved who in those early times saw the inconveniences M. Paris in vit Eadrick Abb. and complained thereof to their Kings but could not prevaile This was the vintage of Kings and great men but the gleanings of the people were much more plentifull for besides the Courts which swelled as the irregularities of those times increased and thereby enriched the cofers of that covetous generation An. 1009. Concil Brit. 523. Ll. Aetheld 31. the greatest part whereof ought by the Canon to goe to the publique the best part of the setled maintenance especially of the inferiour degrees arose from the good affections of the people who were either forward to offer or easily perswaded to forgoe constant supply for the Church-men out
they had usurped in their Synods which they held only for Church-visitation which they could never have because the Sapientes regni had their Votes therein as freely as they Nor could the Prelates by any Law entitle themselves to such power or priviledge so contrary to the priviledge of the Wtttagenmote For though it be true that the German Priests had a liberty to be present in these grand assemblies and to have some presidency therein as to command silence c. yet it s no title to these Tacitus unlesse they will interest themselves as their successors to possesse by a jus Divinum that jus Diabolicum which those Priests formerly had in a way of immediate providence somewhat like the possession of the mantle of Eliah found by Elisha They might I grant plead the title from Kings but it must be granted also that Kings as yet had no more power over the Church then in the Common-wealth Nor could they have that from the Lords which the Lords never had but was ever accounted amongst the majora and of which the Wittagenmot had the onely cognisance as it will appeare in some particulars ensuing Unto the King Lords and Clergy must be added as I said the Freemen to make up the Micklemote compleat and though it be true that no monument of story speaks of this grand meeting from their being in Germany untill after the comming of Austin yet when as the Saxon Histories then finde them in the same condition that the German story leaves them it s very probable that in the intervall they continued their wonted custome although they had no Learning to leave monuments thereof unto the world And hereof the examples are not rare in those remembrances that those ancient times have left us For within six yeeres after Austins arrivall Aethelbert cals a Common-councell tam cleri quam populi Concil Brit. 126. Ll. Sax. Lamb. cantab. fo 1. Ibid. fo 22. Ibid. fo 53. Ina after him made Laws suasu instituto Episcoporum omnium senatorum natu majorum sapientum populi in magna servorum Dei frequentia Alfred after him reformed the former Lawes consulto sapientum After him Aethelsian called a Councell in which was the Archbishop and with him the Optimates sapientes frequentissimi besides others whereof I shall treat now that I come to the matters handled in this Court The matters in agitation in the Wittagenmot generally were all both of publique and private concernment That which concerned the publique were such as regarded removall of inconveniences such as are lawes for leagues and affinity with other Nations for preventing of war and thus became the Saxons and Britons united Concil Brit. p. 219. Ll. Lamb. Cantabr fo 36. and the mortall feude between those two Nations laid aside and they made one and the Saxons and Danes reconciled by a covenant agreed unto and sworne between both Nations The like also may be said of their making of war of defence against forrain invasion Matters of publique and general charge also were debated and concluded in that assembly as the payment of Tythes Ll. Edw. Lamb. Cam. fo 139. it s 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 Paganisme answered he would so doe Antiq. Brit. p. 51. 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 Miklemote Monasteries were by their generall consent dedicated Concil Brit. 127. Ibid. 321. their possessions confirmed The City of Canterbury made the Metropolitane matters also of private regard were there proceeded upon as not onely generall grievances but perverting of justice in case of private persons as in that Councell called Synodale concilium under Beornulfus the Mercian King Ibid. 332. quaesitum est quomodo quis cum justicia sit tractatus seu quis injuste sit spoliatus The name of which Councell called Synodall mindeth me to intimate that which I have often endeavoured to finde out but yet cannot viz. that there was any difference between the generall Synods and the Wittagenmot unlesse meerly in the first occasion of the summons And if there be any credit to be allowed to that booke called Cap. 1. Sec. 3. The Mirror of Justices it tels us that this grand assembly is to conferre of the government of Gods people how they may be kept from sinne live in quiet and have right done them according to the Customes and lawes and more especially of wrong done by the King Sec. 2. Queen or their children for that the King may not by himselfe or Justices determine causes wherein himselfe is actor Cap. 4. Sec. 11. and to summe 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 grosse by noise Tacitus Plut. Lycurg Thucyd. lib. 1. de Lacedem like to the Lacedemonians who determined what was propounded clamore non calculis yet when the noise was doubtfull they tooke the votes severally The meeting of the Saxons at this assembly in the first times was certaine Tacitus 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 affaires of his Kingdome and at such times Kings used to make shew of themselves in their greatest pompe Crowned with their Royall Crown This Custome continued till the times of Henry the second An. 1158. 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 publique faith both in going and comming unlesse the party were fur probatus If a member were wronged the delinquent payed double dammages and fine to the King by a Law made by Aethelbert above a thousand yeeres agoe Concil Brit. p. 127. Ll. Canut p. 2. cap. 79. Ll. Edw. cap. 35 This priviledge of safe passe being thus ancient and fundamentall and not by any law taken away resteth still in force But how farre it belongeth to such as are no members and have affaires neverthelesse depending on that Court I am not able to determine yet it seemeth that priviledge outreacheth members unlesse we should conceit so wide that the state did suppose that a member might be a notorious and known thiefe Lastly this assembly though it were called the Wittagenmot or the meeting of wise men yet all that would come might be
conquest was the Clergy a considerable part of the Kingdome in those daies when as in every Nation they grew checkmate and in this Kingdome had well nigh the one halfe of the Knights fees and thereby a principall part of the strength of the Kingdome besides the consciences of them all and for a reserve they had the Pope in the reare whose power in every Kingdome was little inferiour to that of the Kings owne and therefore sufficient to stop an absolute conquest unlesse it were first conquered But the King came in upon great disadvantages in both these regards For whereas his pretence upon his entery was to advance justice principally toward the Clergy who formerly were wronged by Harold or voiced so to be this bound him from injustice and oppression and furthermore the Pope had him in a double bond one as Prince of the English Clergy the other as Judge of the title of the Crown by the Kings own election and that by sentence for the King had merited of him if not to hold the Crown it selfe by fealty to the Roman See yet by such services as that the tripple Crown should be no loser The King therefore must resolve to have no more to doe with the Church then will stand with the Popes liking unlesse he meaned to adventure himselfe and all he had into the danger of the great curse of which the King would seem more sensible then perhaps he was Nor were those times of the Church so moderate as to bring forth Churchmen that would catch the good will of the Laity by condescention or Popes of that height of perfection as to part with one tittle of their great Titles much lesse ought of that pitch of power which they had griped though it would save the world from ruine In all which regards the Norman Duke was too far inferiour to attaine by conquest any thing in this Kingdome wherein the Pope or Clergy claimed ought to have or doe A third sort of people avoided the dint of conquest either by timely siding with the Norman or by constant resisting of him or by neutrality Of the first sort were many Hoveden lib. 6. both Lords and others that by affinity and consanguinity were become Englishmen to the Norman use others were purchased thereunto by the Clergy that were zealous for the Popes honour that was engaged in the worke Ingulsus 512. Of those likewse that were resolute in the defence of the liberty of their Country there were not a few that purchased their liberty who otherwise might under pretence of treachery have forfeited the same to the rapacious humour of the Conquerour and this was not done onely by valour for Normandy stood in a tottering condition with their Duke partly drawn away by the French that feared the Duke would be too strong for them and partly declining their own further ayd least their Duke should be too great for the Dutchy It was therefore wisdome in the Conquerour to settle the English affaires in the fairest way to gaine them for himselfe who had been so brave against him But the greatest number especially of the commons looked on while the game was playing as contented with the cast of the Dice what ever it should be These were afterwards by the King looked upon not as enemies as the president of Edwin of Sharneburne witnesseth sufficiently but upon such as either were or by faire carriage would be made his friends Gloss 227. and therefore he concluded them under a law of assurance that they that had been so peaceable should have and enjoy their Lands as intirely and peaceably as they had formerly done before his entry To conclude therefore this point if these three parties of the English Normans the English Clergy the stout English and the peaceable English be set aside from the title of conquest it will be probable that not one tenth part of the Kingdome were ever under other change then of the Governours owne person CHAP. LVI A briefe survey of the sence of Writers concerning the point of conquest THe clamours in story that the Conquerour altered and made laws at pleasure brought in new customes molested the persons and estates of the people with depopulations extortions and oppressions and others of that nature have made latter times to conclude his government to be as of a Conquerour meerly arbitrary and that he did what he list how different this conclusion is from the intent of those Writers I know not but if the Kings title and government was as a Conquerour then was his will the onely law and can administer no cause of complaint of wrong and oppression and therefore if these be taken in nature of complaints they declare plainly that there was a law in title or else there could have been no transgression or cause to complaine But if the Reader shall apprehend these passages in Writers to be no other then sober relations then were it not amisse to consider from what sort of men these complaints or relations doe proceed viz. from Writers that have been cloystered men little seen in affairs of State more then by common report and rumour prejudiced by the Kings displeasure against their Cloysters and therefore apprehensive of matters in the saddest sence and many times far beyond the truth and might as well be supposed to misrelate as to mistake For if we shall touch upon particulars I thinke no man will deny but the King allowed property indifferently as well to Normans as English if the premisses be rightly considered and therefore though somewhat be true of the plundering of houses of Religion persecuting of the English Nobility deposing of Bishops and Abbots whereof they speake yet all might be deservedly done in a legall way and in execution of justice whereof Histories are not altogether silent Neverthelesse if in the prosecution the King did shew a kind of rage and some rashnesse it might be imputed to the common infirmity of great men for as oppression upon those that are inferiour makes them mad so doth treachery against them that are superiour make them little other especially if they be overtaken with a fit of passion in the instant or their minds wrapped into a whirlpoole of affaires But the change of laws makes the greater noise wherein what change they suffered may appeare from the premisses if Writers have delt uprightly Otherwise generall imputations without particular instances will never sway opinion contrary to the currant of the laws that are published especially seeing we have observed the errour of the best Historian of those times in calling those things new which were anciently used in England before Normandy was in a condition of a state Yet if this should be granted and that there were such change of laws as is pretended it makes nothing to the point of conquest so long as the new laws are made by advice of common Councell and for the common good and so long as they are established to be