of the validity of the will in its generall nature it was transmitted to the Ecclesiasticall court CHAP. LXIII Of the Militia of this Kingdome during the reigne of these Kings I Undertake not the debate of right but as touching matter of fact shortly thus much that frō the Norman times the power of the Militia rested upon two principles the one the allegiance for the common defence of the Kings person and honour and Kingdome and in this case the King had the power to levy the force of the Kingdome neverthelesse the cause was still under the cognisance of the great councell so farre as to agree or disavow the warre if they saw cause as appeared in the defections of the Barons in the quarrell between King Steven and the Empresse and between King John and his Barrons The other principle was the service due to the Lord from the Tenant and by vertue hereof especially whenas the liberty of the Commons was in question the Militia was swayed by the Lords and they drew the people in Armes either one way or the other as the case appeared to them the experience whereof the Kings from time to time felt to their extreame prejudice and the Kingdoms dammage Nor did the former principle oversway the latter although it might seem more considerable but onely in the times of civill peace when the Lords were quiet and the people well conceited of the Kings aimes in reference to the publique which happinesse it was Henry the seconds lot to enjoy for he being a Prince eminent amongst Princes both for endowments of mind and of outward estate not onely gained honour abroad but much more amongst his own people at home who saw plainly that he was for forraigne imployment of honour to the Kingdome and not onely contented with what he had in England but imbarked together with the Laity against the growing power of the Clergy for the defence and honour of the priviledges of the Crown wherein also the liberties of the people were included They therefore were secure in the Kings way and suffered themselves to be engaged unto the Crown further then they or their ancestors formerly had been out of pretence of sudden extreame occasions of the Kingdome that would not be matched with the ordinary course of defence For the King finding by former experience that the way of Tenures was too lame a supply for his acquests abroad and that it had proved little better then a broken reed to the Crown in case of dispute with the people aimed at a further reach then the Lords or Commons foresaw and having learned a tricke in France brought it over although it was neither the first nor last trick that England learned to their cost from France which was a new way of leavying of men and Armes for the warre Hoveden 1181. by assessing upon every Knights fee and upon every free man of the vallew of sixteen Marks yeerly their certaine Armes and upon every free man of ten Marks yeerely valew their certaine Armes and upon every Burgesse and free man of an inferiour valew their certaine Armes 2. That these should be ready prepared against a certaine day 3. That they should be kept and maintained from time to time in the Kings service and at his command 4. That they should not be lent pledged sold or given away 5. That in case of death they should descend to the heire who if under age should finde a man to serve in his stead 6. That in case the owner were able he should be ready at a certaine day with his Armes for the service of the King ad fidem Domini Regis Regni sui 7. That unto this every man should be sworn I call this a new way of levying of Armes and men not but that formerly other free men and Burgesses found Armes albeit they held not by Knight service for it was so ordained by the Conquerours laws formerly used but now the King thrust in two clauses besides the altering of the Armes the one concerning the oath whereby all men became bound the other concerning the raising and ordering of men and armes which here seems to be referred to the King onely and in his service and this I grant may imply much in common capacity viz. that all the power of the Militia is in Henry the second But this tricke catched not the people according to the Kings meaning for the words ad fidem Regis Regni still left a muse for the people to escape if they were called out against their duty to the Kingdome and taught the doctrine which is not yet repealed viz. That what is not according to their faith to the Kingdome is not according to their faith to the King and therefore they could finde in their hearts sometimes to sit still at home when they were called forth to warre as may appeare in one passage in the daies of King John who had gathered together an Army for the opposing of forraine power at such time as the Pope had done his worst against him and the whole Kingdome which Army was of such considerable strength as I believe none since the conquest to this day exceeded or paraleld it but the Kings mean submission to the Popes Legate so distasted the Nobles and people as they left him to his own shifts and that in such manner as although afterwards he had advantage of them and liberty enough to have raised an Army to have strengthned himselfe against the Nobles yet the Lords comming from London brought on the sudden such a party as the King was not able to withstand and so he came off with that conclusion made at Renny meade which though in it selfe was honourable yet lost the King so much the more because it was rather gained from him then made by him CHAP. LXIV Of the Government of Henry the third Edward the first and Edward the second Kings of England And first a generall view of the disposition of their government ONe hundred and ten yeeres more I have together taken up to adde a period to this first part of discourse concerning English government principally because one spirit of arbitrary rule from King Iohn seemeth to breathe throughout the whole and therewith did expire The first that presents himselfe is Henry the third begotten by King Iohn when he was in the very first enterprize of oppression that occasioned the first Barons bloody warres and which this King was so miserable as to continue for the greatest part of his life and reigne and yet so happy as to see it ended about four yeeres before he died Although the soule be not ingendered from the parent yet the temperature of the body of the child doth sometimes so attemper the motion of the soule that there is in the child the very image of the fathers mind and this Henry the third lively expressed being so like unto his father Iohn in his worst course as if his fathers own spirit
Saxons were not so zealous of their new Religion as to make a new Nationall quarrell between the Britons and themselves but left the game to be played out by Austen who finding by experience that it would not prove the worke of one man left it to successors to worke out by degrees in efflux of time And thus Austen neither good servant to the Servant of Servants nor good Monke retires to settle his Saxon province and to present or rather to prostitute it to the lusts of that red whore which was the generall piety of those ignorant times CHAP. VI. Of the imbodying of Prelacy into the government of this Kingdome I Cannot think that the platforme of the mystery of iniquity when boyled to the hight was ever foreseen or in the aime of the wicked spirits on earth or those in hell yet were they all instruments of this monstrous birth filled with subtilty and mischiefe guided principally by occasion and over-ruled by the Justice and Wisdome of God to make a yoke for Monarchs and a scourge to the world for their refusall of the government of Christ untill this monster came to perfection and wherein themselves were feloes de se and wrought their owne mischiefe for Austen comming in as a third proprietor with King and people and having gathered the materials of a Church reason told them that a forme of government must be setled in that Church the Saxons had no principles of their own Tacit. mor. Serm. for they had no learning and to goe to the Britons for a patterne might be thought ignoble and where the choice is small it s soone made Rome held now the most part of the Churches of Europe at Schoole the Saxons soon resolve Rome that had been their mother shall be also their father and thus at one draught they dranke up a potion of the whole Hierarchy of Rome from the Pope to the apparator with a quicquid imponitur imponetur which was of such lasting efficacy that it ceaseth not to worke even to this day although it was slow in the first provocation For the Saxons had a Common-weale founded in the liberty of the people and it was a master-piece for Austen and the Clergy so to worke as to remaine members of this Commonweale and yet retaine their hearts for Rome which was now grown almost to the pitch of that Antichrist for reason must needs tell them that the Saxon principles would not suffer them to be ad omnia for Rome nor the Roman Canon allow them to be wholy Saxon and they saw plainly that the times were too tender to endure them to be declarative on either part and therefore they chose a third way which was to preserve the municipall Lawes in moderation towards the Canon and to that end to endeavour such a temper upon the State as must admit them to be in repute such as without whom the Common-weale could not well subsist no more then a body without a soule and that few occasions should befall but at least in ordine remoto must reflect upon both and then all reason will be speake them to joyne in the legislative power and government of this Kingdome but especially as Bishops who are now Magnae spes altera Romae and the very top-flowers of wisdome and learning And unto this temper the Saxons were sufficiently prepared and inclinable for it was no new thing for them to admit their heathenish Priests into their generall meetings and allow them much power therein and then it s but the person changed and they must doe as much for their Bishops now they are become Christian especially themselves being all for the field and overgrown with a generall ignorance the common disease of those times Kings were in no beteer condition it was hard for them to be baptised and not to be baptised into Rome and commonly under such a Covenant as though many might repent of yet none durst amend for when as the Pope is Lord of the consciences of the People the Kings power may sometimes outface but can never govern the Saxon Kings were therefore faine to make a vertue of necessity and advance Bishops to be common favorites both of Rome and themselves to maintaine good correspondency between both Swords and to countenance the power of the temporall Magistrate in cases of dispute else he might oftentimes command and yet goe without Thus enter the Prelates upon affaires of Kings and Kingdomes and became lovers of Lordships and troublers of States and if in any thing they served their Countrey they served Rome much more their merchandise was made of the policies and Councels of all Kingdomes and States and such returnes proceeded as were still subservient to the Roman interest and they so intoxicated the domestique counsels in such manner as they generally staggered and many times came short of home Neverthelesse at the first this was but rare clancular and covered with much modesty for excepting such choice spirits as Austen had Roman Prelacy in these yonger times was but Velvet-headed and endured not much greatnesse or bigge titles but spake like a Lambe Ego non verbis quaero prosperari sed moribus said this Gregory to the Alexandrian Bishop who had put upon him the title of universall Bishop or Pope Greg. Epist ad Eulog and whereas he had in a way of Courtship called Gregories counsels commands he startles at it quod verbum jussionis saith he peto a meo auditu removere quia scio quis sum qui estis Thus Prelacy first conveyed it selfe into opinion afterwards into conscience and ambition comming in the reare made it become both Bishop and Lord. CHAP. VII Of Metropolitans in the Saxons time BEing in pursuit of the government of this Kingdome in elder times and therein first of the persons with their relation then of their worke and lastly of their Courts and Lawes and now in hand with the Ecclesiasticall persons I shall descend to their particular ranks or degrees and shall shew what they were in their originall and what overplus they had by Lawes And first concerning the Metropolitan In his originall his Office was to visite the Bishops admonish and exhort them and in full Synod to correct such disorders as the Bishop could not reforme and in all things to proceed according to the prescript Canon Concil Brit. p. 258. Thus witnesseth Boniface an Archbishop to an Archbishop of an Archbishop not according to the practise of the times wherein it was written but according to the ancient rule For long before Boniface his time Archbishops were swolne beyond the girt of the Canon An. 745. and before that England was honoured with that ranke of men Metropolitans were become Metronomians and above all rule but that of their owne will and through common custome had no regard to any other so as if England will have them it must be content to have them with their faults But the truth is 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
withstood all though he had twice consented and once subscribed to them Constit at Clarindon having also received some kind of allowance thereof even from Rome it selfe cap. 12. Clergy men holding per Baroniam shall doe such services as to their tenure belong and shall assist in the Kings Court till judgement of life or member Two things are hereby manifest First that notwithstanding the Conquerours law formerly mentioned Bishops still sate as Judges in the Kings courts as they had done in the Saxon times but it was upon causes that meerly concerned the Laity so as the Law of the Conquerour extended onely to separate the Laity out of the Spirituall Courts and not the Clergy out of the Lay courts Secondly that the Clergy especially those of the greater sort questioned their services due by tenure as if they intended neither Lord nor King but the Pope onely Doubtlesse the use of tenures in those times was of infinite consequence to the peace of the kingdome and government of these Kings when as by these principally not onely all degrees were untied and made dependant from the Lord paramont to the Tenant peravale but especially the Clergy with the Laity upon the Crown without which a strange metamorphosis in government must needs have ensued beyond the shape of any reasonable conceit the one halfe almost of the people in England being absolutely put under the dominion of a forraine power Sanctuary shall not protect forfeited goods cap. 13 14. nor Clerks convicted or confessed This was Law but violence did both now and afterwards much obliterate it Churches holden of the King shall not be aliened with out Licence Constit at Clarindon cap. 15. It was an ancient Law of the Saxons that no Tenements holden by service could be aliened without licence or consent of the Lord because of the Allegiance between Lord and Tenant Now there was no question but that Churches might lie in Tenure as well as other Tenements but the strife was by the Churchmen to hold their Tenements free from all humane service which the King withstood Sons of the Laity shall not be admitted into Monastery without the Lords consent cap. 16. Upon the same ground with the former for the Lord had not only right in his tenant which could not be aliened without his consent but also a right in his tenants children in regard they in time might by descent become his tenants so lie under the same ground of law for although this be no alienation by legall purchase yet it is in nature of the same relation for he that is in a Monastery is dead to all worldly affaires These then are the rights that the King claimed and the Clergy disclaimed at the first although upon more sober consideration they generally consented unto the five last but their Captaine Archbishop Becket withstood the rest which cost him his life in the conclusion with this honourable testimony that his death Samson like effected more then his life for the maine thing of all the rest the Pope gained to be friends for the losse of so great a stickler in the Church affaires as Becket was In this Tragedy the Pope observing how the English Bishops had forsaken their Archbishop espied a muse through which all the game of the Popedome might soon escape and the Pope be left to sit upon thornes in regard of his authority here in England For let the Metropolitane of all England be a sworne servant to the Metropolitane of the Christian world and the rest of the English Bishops not concur it will make the tripple Crown at the best but double Antiq. Brit. 302. F xe An. 1179. Alexander the Pope therefore meaned not to trust their faire natures any longer but puts an oath upon every English Bishop to take before their consecration whereby he became bound 1. To absolute allegiance to the Pope and Romish Church 2. Not to further by deed or consent any prejudice to them 3. To conceale their counsels 4. To ayd the Roman papacy against all persons 5. To assist the Roman Legate 6. To come to Synods upon Summons 7. To visit Rome once every three yeeres 8. Not to sell any part of their Bishoprick without consent of the Pope And thus the English Bishops that formerly did but regard Rome now give their estates bodies and soules unto her service that which remaines the King of England may keepe And well it was that it was not worse M. Paris An. 1167. considering that the King had vowed perpetuall enmity against the Pope but he wisely perceiving that the Kings spirit would up againe having thus gotten the maine battell durst not adventure upon the Kings reare least he might turn head and so he let the King come off with the losse of appeales Baronus Anal. 1164. Sec. 11. and an order to annull the customes that by him were brought in against the Church which in truth were none This was too much for so brave a King as Henry the second to loose to the scarcrow power of Rome yet it befell him as many great spirits that favour prevailes more with them then feare or power for being towards his last times worne with griefe at his unnaturall sonnes a shaddow of the kindnesse of the Popes Legate unto him wonne that which the Clergy could never formerly wrest from him in these particulars granted by him M. Paris An. 1176. That No Clerke shall answer in the Lay courts but onely for the forest and their Lay fee. This savoured more of curtesie then justice and therefore we finde not that the same did thrive nor did continue long in force as a Law although the claime thereof lasted Vacances shall not be holden in the Kings hand above one yeare unlesse upon case of necessity This seemeth to passe somewhat from the Crown but lost it nothing for if the Clergy accepted of this grant they thereby allow the Crown a right to make it and a liberty to determine its own right or continuing the same by being sole judge of the necessity Killers of Clerks convicted shall be punished in the Bishops presence by the Kings Justice In the licentious times of King Steven wherein the Clergy played Rex they grew so unruly that in a short time they had committed above a hundred murders To prevent this evill the King loth to enter the List with the Clergy about too many matters let loose the law of feude for the friends of the party slaine to take revenge and this cost the blood of many Clerkes the Laity happly being more industrious therein then otherwise they would have been because the Ecclesiasticall Judge for the most part favoured them As an expedient to all which this Law was made and so the Clergy was still left to their Clergy and justice done upon such as sought their blood Clergy men shall not be holden to triall by battaile It was an ancient Law of the Saxons and either