Church History of Britain
14. Yet we find not that this Fee-farm of a thousand Marks was ever paid, either by K. John, or by his Successors, but that it is all run on the score, even unto this present day. Not that the Pope did remit it out of his free bounty, but for other Reasons was rather contented to have them use his power therein. Perchance suspecting the English Kings would refuse to pay it, he accounted it more honor not to demand it, then to be denied it. Or it may be his Holiness might conceive, that accepting of this money might colourably be extended to the cutting him off from all other profits he might gain in the kingdom. The truth is, he did scorn to take so poor a revenue per annum out of two kingdoms, but did rather endeavor to convert all the profits of both Lands, to his own use, as if he had been seised of all in Demesnes.
15. At the same time, King John on his knees surrendered the Crown of England into the hands of Pandulphus, and also presented him with some money, as the earnest of His subjection, which the proud Prelate trampled under his feet. A gesture applauded by some, as showing how much his Holiness (whom he personated) slighted worldly wealth, caring as little for King Johns coin, as his Predecessour Saint Peter did for the money of Simon Magus. Others, and especially H. Arch-Bishop of Dublin then present, were both grieved, and angry thereat, as an intolerable affront to the King: and there wanted not those, who condemned his pride and hypocrisy, knowing Pandulphus to be a most greedy griper (as appeared by his unconscionable oppression, in the Bishopric of Norwich, which was afterwards bestowed upon him.) And perchance he trampled on it, not as being money, but because no greater sum thereof. Five days (namely Ascension-day, and four days after) Pandulphus kept the Crown in his possession, and then restored it to King John, again. A long eclipse of Royal luster; and strange it is, that no bold Monk in his blundering Chronicles, did not adventure to place King Innocent, with his five days reign, in the Catalogue of English Kings, seeing they have written what amounts to as much in this matter.
16. Now all the dispute was, whether Peter of Wakefield had acquitted himself a true prophet, or no: The Romiz'd faction were zealous in his behalf; John after that day not being King in the same sense, and Sovereignty as before; not free, but feodary; not absolute, but dependent on the Pope, whose Legate possessed the Crown for the time being, so that his prediction was true, in that lawful latitude justly allowed to all Prophesies. Others, because the King was neither naturally, nor civilly dead, condemned him of forgery; for which, by the Kings command, he was dragged at the horse-tail from Corf-Castle, and with his son hanged in the Town of Wareham. A punishment not undeserved, if he foretold (as some report) that none of the line, or linage of King John, should after be crowned in England; of whose offspring some shall flourish, in free and full power on the English Throne, when the Chair of Pestilence shall be burnt to ashes: and neither Triple-Crown left at Rome to be worn, nor any head there, which shall dare to wear it.
17. Next year the Interdiction was taken off of the Kingdom, and a general Jubilee of joy all over the Land. Banish'd Bishops being restored to their Sees; Service, and Sacraments being administered in the Church as before. But, small reason had King John to rejoice, being come out of God's Blessing, (of whom, before he immediately held the Crown) into the Warm Sun, or rather, scorching-heat of the Popes protection, which proved little beneficial unto him.
18. A brawl happened betwixt him, and the banished Bishops (now returned home) about satisfaction for their Arrears, and reparation of their damages, during the Interdiction; all which term the King had retained their revenues in his hands. To moderate this matter, Nicolas, a Tusculane Cardinal and Legat, was employed by the Pope: who after many meetings, and Synods to audit their Accounts, reduced all at last to the gross sum of forty thousand Marks, the restoring whereof by the King unto them, was thus divided into three payments.
1. Twelve thousand Marks Pandulphus carried over with him into France, and delivered them to the Bishops, before their return.
2. Fifteen thousand were paid down at the late meeting in Reading.
3. For the thirteen thousand remaining, they had the Kings Oath, Bond, and other Sureties.
But then in came the whole cry of the rest of the Clergy, who stayed all the while in the Land, bringing in the Bills of their several sufferings, and losses sustained, occasioned by the Interdiction. Yea, some had so much avarice, and little conscience, they could have been contented, the Interdiction had still remained, until all the accidental damages were repaired. But Cardinal Nicolas averred them to amount to an incredible sum, impossible to be paid, and unreasonable to be demanded; adding withal, that in general grievances, private men may be glad, if the main be made good unto them, not descending to petty particulars, which are to be cast out of course, as inconsiderable in a common calamity. Hereupon, and on some other occasions, much grudging, and justling there was, betwixt Stephen, Arch-Bishop of Canterbury, and the Legat, as one in his judgment, and carriage, too propitious, and partial to the Kings cause.
19. The remnant of this Kings Reign, afforded little Ecclesiastical Story, but what is so complicated with the Interest of State, that it is more proper for the Chronicles of the Common-wealth. But this is the brief thereof. The Barons of England demanded of King John, to desist from that arbitrary and tyrannical power he exercised; and to restore King Edwards Laws, which his great Grand-father King Henry the first had confirmed to the Church and State, for the general good of his Subjects: yea, and which he himself, when lately absolved from the sentence of Excommunication by Stephen Arch-Bishop of Canterbury, had solemnly promised to observe. But King John, though at the first he condescended to their requests, afterwards repented of his promise, and refused the performance thereof. Hereupon the Barons took up Arms against him, and called in Lewis Prince of France, son to Philip Augustus, to their assistance, promising him the Crown of England for his reward.
20. Yet the Pope endeavored what lay in his power, to dissuade Prince Lewis from his design, to which at first he encouraged him, and now forbad him in vain. For, where a Crown is the Game hunted after, such hounds are easier laid on, then either rated, or hollowed off. Yea, ambition had brought this Prince into this Dilemma; that, if he invaded England, he was accursed by the Pope; if he invaded it not, forsworn of himself, having promised upon oath, by such a time to be at London. Over comes Lewis into England, and there hath the principal learning of the Land, the Clergy; the strength thereof, the Barons; the wealth of the same, the Londoners, to join with him: Who but ill requited King John, for his late bounty to their City, in first giving them a Mayor for their governor. Gualo the Popes new Legat, sent on purpose, bestirr'd himself with Book, Bell, and Candle; Excommunicating the Arch-Bishop of Canterbury, with all the Nobility opposing King John, now in protection of his Holiness. But the commonness of these curses, caused them to be contemned; so that they were a fright to few, a mock to many, and an hurt to none.
21. King John thus distressed, sent a base, degenerous, and unchristian-like embassage, to Admiralius Murmelius a Mahometan King of Morocco, then very puissant, and possessing a great part of Spain: offering him, on condition he would send him succor, to hold the Kingdom of England as a vassal from him, and to receive the Law of Mahomet. The Moor, marvelously offended with his offer, told the Ambassadors, that he lately had read Paul's Epistles, which for the matter liked him very well, save only that Paul once renounced that faith wherein he was born, and the Jewish profession. Wherefore he neglected King John, as devoid both of piety and policy, who would love his liberty, and disclaim his Religion. A strange tender, if true. Here, whilst some allege in behalf of King John, that cases of extremity excuse counsels of extremity (when liberty is not left to choose what is best, but to snatch what is next, neglecting future safety for present subsistence) we only listen to the saying of Solomon Oppression maketh a wise man mad. In a fit of which fury, oppressed on all sides with enemies, King John, scarce compos sui, may be presumed to have pitched on this project.
22. King John having thus tried Turk and Pope (and both with bad success) sought at last to escape those his enemies, whom he could not resist, by a far, and fast march into the North-eastern Counties. Where turning mischievous instead of valiant, he cruelly burnt all the stacks of Corn, of such as he conceived disaffected unto him: doing therein most spite to the rich for the present, but in fine more spoil to the poor, the prices of grain falling heavy on those, who were least able to bear them. Coming to Lin, he rewarded the fidelity of that Town unto him, with bestowing on that Corporation his own sword; which had he himself but known how well to manage, he had not so soon been brought into so sad a condition. He gave also to the same place a fair silver Cup all gilded. But few days after a worse Cup was presented to King John, at Swinshed Abbey in Lincoln-shire, by one Simon, a Monk, of poisoned wine, whereof the King died. A murder so horrid that it concerned all Monks (who in that age had the Monopoly of writing Histories) to conceal it, and therefore give out sundry other causes of his death Some report him heart-broken with grief, for the loss of his baggage, and treasure drowned in the passage over the washes: it being just with God, that he who had plagued others with fire, should be punished by water, a contrary, but as cruel an element. Others ascribe his death to a looseness, and scouring with blood; others to a cold sweat; others to a burning heat, all effects not inconsistent with poison: so that they in some manner may seem to set down the symptoms, and suppress his disease.
23. It is hard to give the true character of this Kings conditions. For, we only behold him through such light, as the Friers his foes show him in: who so hold the candle, that with the shadow thereof they darken his virtues, and present only his vices. Yea, and as if they had also poisoned his memory, they cause his faults to swell to a prodigious greatness, making him with their pens more black in conditions, then the Morocco-King (whose aid he requested) could be in complexion. A murderer of his Nephew Arthur; a defiler of the wives and daughters of his Nobles; sacrilegious in the Church; profane in his discourse; willful in his private resolutions; various in his public promises; false in his faith to men, and wavering in his Religion to God. The favourablest expression of him falls from the pen of Roger Howden:
24. Henry, the third of that name, his Son, succeeded him, being but ten years old, and was Crowned at Gloucester, by a moiety of the Nobility and Clergy, the rest siding with the French Lewis. Now, what came not so well from the mouth of Abijah the son, concerning his father Rehoboam, posterity may, no less truly, and more properly pronounce of this Henry, even when a man, He was but a child, and tender-hearted. But, what strength was wanting in the Ivy itself, was supplied by the Oaks, his supporters, his Tutors and Governors; first, William Mareshall, Earl of Pembroke, and after his death, Peter, Bishop of Winchester. But, of these two Protectors successively, a sword-man, and a Church-man; the latter left the deeper impression on this our King Henry, appearing more Religious then resolute; devout then valiant. His Reign was not only long for continuance, fifty six years, but also thick for remarkable mutations happening therein.
25. Within little more then a twelvemonth, he recovered the entire possession of his Kingdom, many things concurring to expedite so great an alteration. First, the insolency of the French, disobliging the English by their cruelty, and wantonness. Secondly, the inconstancy of the English (if starting loyalties return to its lawful Sovereign may be so termed) who, as for their own turns they called in Lewis, so for their turns they cast him out. Thirdly, the innocence of Prince Henry, whose harmless age, as it attracted love to him on his own account, so he seemed also hereditarily to succeed to some pity, as the Son of a suffering Father, Fourthly, the wisdom and valor; counsel and courage of William Earl of Pembroke, his Protector; who, having got the French Lewis out of his covert of the City of London, into the champion field, so maul'd him at the fatal battle of Lincoln, that soon after the said Lewis was fain, by the color of a composition, to qualify his retreat (not to say his flight) into the honor of a departure. Lastly, and chiefly, the Mercy of God to an injured Orphan, and his Justice that detained right, though late, yet at last, should return to its proper owner.
26. But it were not only uncivil, but injurious for us to meddle with these matters, proper to the pens of the civil Historians. We shall therefore confine ourselves principally to take notice in this Kings Reign, as of the unconscionable extortions of the Court of Rome, on the one side, to the detriment of the King and Kingdom: so of the defense which the King, as well as he could, made against it. Defense, which, though too faint and feeble, fully to recover his right, from so potent oppression; yet did this good, to continue his claim, and preserve the title of his privileges, until his Son, and Successors, in after-ages, could more effectually rescue the rights of their Crown, from Papal usurpation.
27. Indeed at this time many things imboldened the Pope (not overbashful of himself) to be the more busy in the collecting of money. First, the troublesomness of the times, and best fishing for him in such waters. Secondly, the ignorance of most, and the obnoxiousness of some of the English Clergy. Now, such as had weak heads, must find strong backs; and those that led their lives loose, durst not carry their purses tied, or grudge to pay dear for a connivence at their viciousness. Thirdly, the minority of King Henry, and (which was worse) his non-age after his full-age; such was his weakness of spirit, and lowness of resolution. Lastly, the Pope conceiving that this King got his Crown under the countenance of his excommunicating his enemies, thought that either King Henry 's weakness could not see, or his goodness would wink at his intolerable extortions; which, how great soever, were but a large shiver of that loaf, which he had given into the Kings hand. Presuming on the premisses, Gualo the Popes Legat, by his Inquisitors throughout England, collected a vast sum of money of the Clergy, for their misdemenours; Hugo Bishop of Lincoln, paying no less for his share, then a thousand marks sterling to the Pope, and an hundred to this his Legat. Yet, when this Gualo departed, such as hated his dwelling here, grieved at his going hence, because fearing a worse in his room, choosing rather to be sucked by full, then fresh flies; hoping that those already gorg'd, would be afterwards less greedy.
28. And being now to give the Reader a short account of the long Reign of this King; I shall alter my proceedings, embracing a new course which hitherto I have not, nor hereafter shall venture upon. Wherein I hope the variation may be not only pleasant, but profitable to the Reader, as scientifical and satisfactory in itself; namely, I will for the present leave off consulting with the large and numerous Printed or Manuscript Authors of that Age, and betake myself only to the Tower-Records, all authentically attested under the hands of William Ryley Norroy, keeper of that precious Treasury.
29. When I have first exemplified them, I shall proceed to make such observations upon them, as, according to my weakness, I conceive of greatest concernment; being confident that few considerables in that Age (which was the crisis of Regal and Papal power in this Land) will escape our discovery herein.
30. Only I desire a pardon for the premising of this Touch of State-matters. At this instant the Common-wealth had a great serenity, as lately cleared from such active spirits, who nick-named the calm and quiet of Peace, a sloth of Government. Such Falcatius de Brent, and others, who had merited much in setting this Henry the third on the Throne; and it is dangerous when Subjects confer too great benefits on their Sovereigns; for afterwards their minds are only made capable of receiving more reward, not doing more duty. These were offended, when such Lands and Castles, which by the heat of War had unjustly been given them, by Peace were justly took away from them, finding such uprightness in the King, that his Power of Protection, would not be made a wrong doer. But now the old stock of such male-contents, being either worn out with age, or ordered otherwise into Obedience, all things were in an universal tranquility, within the first seven years of this Kings Reign.
THOMAE HANSON Amico meo.
DIsplicet mihi modernus Scribendi Mos, quo Monumenta indies exarantur. Literae enim sunt fugaces, ut quae non stabili manu penitus Membranis infiguntur, sed currente Calamo summam earum Cuticulam vix leviter praestringunt. Hae cum saeculum unum & alterum duraverint, vel Linceis oculis lectu erunt perdifficiles.
Haud ita olim Archiva, in Turre Londinensi, Rotulis, Scaccario, &c. deposita; in quibus ingens Scribarum cura, justa Membranarum firmitas, Atramentum vere Aethiopicum, integra Literarum lineamenta, ut Calamus Praeli Aemulus videatur. Ita adhuc vigent omnia, in illis quae trecentis ab hinc Annis notata, ut Is, cui Characteris Antiquitas minus cognita, nuperrime descripta judicaret.
Ex his nonnulla decerpsi, ad Rem nostram facientia, & ea Tibi dedicanda curavi, quem omnes norunt Antiquitatis Caniciem venerari: Quo, in Ducatus Lancastrensis Chartulis custodiendis, nemo fidelior, perlegendis, oculatior, communicandis, candidior.
HEre we begin with the Kings Precept to the Sheriff of Buckinghamshire, considerable for the Rarity thereof, though otherwise but a matter of private concernment.
Vic. Bucks. Precipimus tibi quod Emme de Pinkney ux. Laur. Pinkney, qui excommunicatus est, eo quod predict. Emmam affectione maritali non tractavit, eid. Emme rationabil. Estover. invenias, donec idem Laur. Vir suus eam tanquam suam tractaverit.
To the high Sheriff of Buckinghamshire. We command you concerning Emme de Pinkney, Wife of Laurence Pinkney, who is excommunicated, because he did not use the foresaid Emme with Affection befitting a Husband; that you find for the said Emme Estover in reasonable proportion, until the said Laurence her Husband shall use her as becometh his Wife.
Of this Laurence Pinkney I can say nothing: only I find his Family ancient, and Barons of Weedon in Northamptonshire. It seemeth strange he should be excommunicated for not loving usage of his Wife, no Incontinencie appearing (proved against him:) except his carriage was Cruel in a high degree. By Estover, in our Forest Towns, we only understand, A certain allowance of Wood; though the extent of the word be far larger, importing Nourishment, or maintenance in Meat and Cloth, as a learned Lawyer hath observed. This it seems being denied by her husband, the King enjoineth the Sheriff, that he should appoint the said Emme Pinkney reasonable Alimony, in proportion, no doubt, to her Portion and her Husband estate.
2. Next we take notice of a Writing which the King sent over to the Archbishop of Dublin, and which deserveth the Readers serious perusal.
REX Dublin. Archiepiscopo, Justiciario Hiberniae, Salutem. Ad ea que vobis nuper nostris dedimus in Mandatis, ut nobis rescribertis quatenus fuisset processum in Causa Nicolai de Felda, qui contra Abbatem & Canonicos S ti . Thomae Dublinensis in Curia nostra, coram Insticiariis nostris, petiit duas Carrucatas Terrae cum pertinentiis in Kelredhery per assisam de morte Antecessoris, cui etiam coram eisdem Insticiariis objecta fuit Bastardia, propter quod ab ipsis Insticiariis nostris ad vos fuit transmissus, ut in Foro Ecclesiastico de ejus Bastardia five Legitimitate agnosceretis, nobis per litteras vestras significastis; quod cum in Foro (ivili Terram predictam peteret, per litteras nostras de morte Antecessoris versus memoratos Abbatem & Canonicos objecta ei fuit nota Bastardie, quare in foro eodem tunc non fuit ulterius processum. Memoratus etiam Nicolaus de mandato Insticiariorum nostrorum in Foro Ecclesiastico corā nobis volens probare se esse Legitimum, testes produxit: & publicatis attestationibus suis, post diuturn. altercationes & disputationes tam ex parte Abbatis, quam ipsius Nicolai, cum ad calculum diffinitive Sententie procedere velletis, comparuerunt due Puelle minoris etatis, filie Ricardi de la Feld, patris predicti Nicolai, & appellaverunt ne ad sententiam ferendam procederetis, quia hoc in manifestum earum verteretur prejudicium: Eo quod alias precluderetur eis via petendi hereditatem petitam, nec possit eis subveniri per restitutionem in integrum. Unde de consilio vestrorum prudentum, ut dicitis, Appellationi deferentes causam, secundum quod coram nobis agitata est, DOMINO PAPE transmisistis instructam. De quo plurimum admirantes, non immerito movemur, cum de Legitimitate predicti Nicolai per restium productiones, & attestationum publicationes, plene nobis constet; vos propter appellationem Puellarum predictarum, contra quas non agebatur, vel etiam de quibus nulla fiebat mentio in assisa memorata, nec fuerunt alique partes illarum in causa predicta, sententiam diffinitivam pro eo distulstis pronunciare, & male quasi nostrum declinantes examen, & volentes ut quod per nostram determinandum esset jurisdictionem, & dignitatem, ad alienam transferretur dignitatem; quod valde perniciosum esset exemplo. Cum etiam si adeptus esset praedictus Nicholaus possessionem terrae praedictae, per assisam praedictam, beneficium Peticionis Haereditatis praedictis puellis plane suppeteret in Curia nostra, per Breve de Recto; maxim cum per litteras de morte Antecessoris agatur de possessione, & non de proprietate, & ex officio vestro in casu proposito nihil aliud ad vos pertinebat, nisi tantū de ipsius Nicholai Legitimitate probationes admittere, & ipsum cum litteris vestris Testimonialibus ad Iusticiarios nostros remittere. De consilio igitur Magnatum & fidelium nobis assistentium, vobis mandamus firmiter injungentes, quatenus non obstante appellatione praemissa, non differatis pro eo sentenciare, ipsum ad Iusticiarios nostros remittentes, cum litteris vestris testimonialibus, ut eis de loquela postmodum agitata, postmodum possint secundum legem & consuetudinem terrae nostrae Hiberniae Justiciae plenitudinem exhibere. Teste Rege apud Gloucester 19. die Novembris.
3. The sum of this Instrument is this. One Nicholas de Feld sueing for a portion of ground detained from him by the Abbot of S t . Thomas in Dublin, (founded and plentifully endowed in memory of Thomas Becket) had Bastardy objected against him. The clearing hereof was by the Kings Judges remitted to the Courts Ecclesiastical, where the said Nicholas produced effectual proofs for his Legitimation. But upon the appeal of two minor-daughters of the Father of the said Nicholas, who never before appeared, and who (if wronged) had their remedy at Common-Law, by a Writ of Right, the matter was by the Arch-bishop of Dublin transferred to the Court of Rome.
4. The King saith in this his Letter, that he did much admire thereat, and (though all Interests express themselves to their own advantage) intimates the Act not usual. And whereas he saith, that the example would be pernicious; it seems, if this were a leading case, the Kings desire was it should have none to follow it, peremptorily enjoining the Arch-bishop (notwithstanding the aforesaid Appeal to the Pope) to proceed to give Sentence on the behalf of the said Nicholas; & not to derive the Kings undoubted right to a foreign Power.
5. Indeed the Kings of England were so Crest-fallen, or rather Crown-fallen in this Age, that the forbidding of such an Appeal, appeareth in him a daring deed. Est aliquid prodire tenus; Essays in such nature were remarkable, considering the inundation of the Papal Power. Green Leaves in the depth of Winter, may be more then full Flowers from the same root in the Spring. It seems some Royal Sap still remained in the English Sceptre, that it durst oppose the Pope in so high a degree.
6. In this year 1235. the CAURSINES first came into England, proving the Pests of the Land, and Bane of the people therein. These were Italians by Birth, terming themselves the Pope 's Merchants, driving no other Trade then Letting our money, great Banks whereof they brought over into England; differing little from the Jews, save that they were more merciless to their Debtours. Now because the Pope 's Legate was all for ready money, when any Tax by Levy, Commutation of Vows, Tenths, Dispensations, &c. were due to the Pope, from Prelate, Convents, Priests, or Lay persons, these CAURSINES instantly furnished them with present Coin upon their solemn Bonds and Obligations: one form whereof we have inserted.
To all that shall see the present Writing, Thomas the Prior & the Convent of Barnwell wish health in the Lord. Know that we have borrowed and received at London, for ourselves, profitably to be expended for the Affaires of our Church, from Francisco and Gregorio, for them and their Partners, Citizens and Merchants of Milan, a hundred and four Marks of lawful Money Sterling, thirteen shillings four pence sterling being counted to every Mark. Which said one hundred and four Marks we promise to pay back on the Feast of S t . Peter ad Vincula, being the first day of August, at the New Temple in London, in the year 1235. And if the said money be not thoroughly paid, at the time and place aforesaid, we bind ourselves to pay to the foresaid Merchants, or any one of them, or their certain Attorney, for every ten Marks, forborne two months, one Mark of money for recompense of the Damages, which the foresaid Merchants may incur by the not-payment of the money unto them, so that both Principal, Damages, and Expences, as above expressed, with the Expences of one Merchant with his Horse and Man, until such time as the aforesaid money be fully satisfied. For Payment of Principal, Interest, Damages and Expences, we oblige ourselves, and our Church and Successors, and all our Goods, and the Goods of our Church, moveable or immovable, Ecclesiastical, or Temporal, which we have, or shall have, wheresoever they shall be found, to the foresaid Merchants, and their Heirs; and do recognize and acknowledge that we possess and hold the same Goods from the said Merchants by way of Courtesy, until the Premises be fully satisfied. And we renounce for ourselves, and Successors, all help of CANON and CIVILL LAW, all Privileges, and Clark-ship, the Epistle of S t . Adrian, all Customs, Statutes, Lectures, Indulgences, Privileges, obtained for the King of England, from the See Apostolic: as also we renounce the Benefit of all Appeales, or Inhibition from the King of England, with all other Exceptions real or Personal, which may be objected against the Validity of this Instrument. All these things we promise faithfully to observe: In witness whereof we have set to the Seal of our Convent. Dated at London, die quinto Elphegi, in the year of Grace 1235.
Sure bind, sure find. Here were Cords enough to hold Sampson himself; an order taken they should never be cut or untîd, the Debtor depriving himself of any relief save by full payment.
7. It will not be amiss, to make some brief Notes on the former Obligation, it being better to write on it, then to be written in it, as the Debtor concerned therein.
One hundred and four Marks] the od four seem added for Interest.
Feast of S t . Peter ad Vincula] The Popish Tradition saith that Eudoxia the Empress, Wife to Theodosius the Younger, brought two great Chains, wherewith Herod imprisoned S t . Peter, from Jerusalem to Rome, where they are reported seen at this day, and a Solemn Festival kept on the first of August (the quarter-pay-day of Rome's Revenues) in Momoriall thereof, But the Name of LAMMAS hath put out S t . Peter 's Chains in our English Almanac.
New Temple at London] in Fleet-street, founded by the Knights Templars, and dedicated by Heraclius Patriarch of Jerusalem 1185) Called New in relation to ancient Temple, (less and less convenient) they had formerly in Oldburn.
And our certain Attorney;] Nuncius in the Latin, being one employed to solicit their Suit.
All the Goods of our Church moveable and immovable] Hence oftentimes they were forced to sell their Chalices and Altar-plate, to pay the Bond, and secure the rest of their Goods, for these Creditcurs.
CANON and CIVILL LAW] Common Law not mentioned herein, with which these CAURSINES, being Forrainers, would have nothing to do.
Epistle of S t . Adrian] This seems to be some Indulgence granted by Pope Adrian, the fourth perchance, whereby Churches indicted found some favor against their Creditours.
Die quinto Elphegi] I am not Datary enough to understand this. I know Elphegus to be Arch-bishop of Canterbury, and Martyr, and his day kept the nineteenth of April: so that the money was borrowed but for three months; so soon did the Payment, or heavy Forfeiture in default thereof, return.
8. These CAURSINES were generally hated for their Extorsions. Some will have them called CAURSINES quasi CAUSA URSINI, so Bearish and cruel in their causes: others, CAURSINI quasi CORRASINI, from scraping all together. But these are but barbarous Allusions, though best becoming such base practices.
9. Mean time the CAURSINES cared not what they were called, being a-kin to the cunning Creature, which faireth best when cursed, and were indeed Lord's of the Land according to Scripture rule, the Borrower is servant to the Lender. Many of the Laity, more of the Clergy and Convents, and the King himself, being deeply indebted unto them. Indeed Roger Black that Valiant, Learned, and Pious Bishop of London, once excommunicated these CAURSINES for their Oppression: but they appealing to the Pope (their good friend,) forced him, after much molestation, to desist.
10. These CAURSINES were more commonly known by the Name of LOMBARDS, from Lombardy the place of their Nativity, in Italy. And although they deserted England on the decaying of the Pope 's power and profit therein; yet a double memorial remaineth of them. One of their Habitation, in Lombard-street in London: the other of their Employment, A LOMBARD unto this day signifying a Bank for Usury, or Pawns, still continued in the Low-Countries and elsewhere.
11. Mean time one may lawfully smile at the Pope 's Hypocrisy, forbidding Usury as a sin so detestable under such heavy penalties in his Canon Law, whilst his own Instruments were the most unconscionable Practisers thereof without any control.
12. Otho, Cardinal, Deacon of S t . Nicholas, was sent the Pope 's Legate into England, and going to Oxford, took up his Lodging in the Abbey of Osney. To him the Scholars in Oxford sent a Present of Victuals before dinner; and after dinner, came to tender their attendance unto him. The Porter being an Italian, demanded their business: who answered him, that they came to wait on the Lord Legate; promising themselves a courteous Reception, having read in Scripture, A man 's gift maketh room for him: though here contrary to expectation they were not received. Call it not Clownishness in the Porter (because bred in the Court of Rome;) but carefulness for the safety of his Master.
13. But whilst the Porter held the Door in a dubious posture, betwixt open and shut. the Scholars forced their entrance. In this juncture of time, it unluckily happened that a poor Irish Priest begged an Alms, in whose face the Clark of the Kitchen cast scalding-water taken out of the Caldron. A Welsh Clerk beholding this, bent his Bow (by this time the Scholars had got Weapons) and shot the Clark of the Kitchen stark dead on the place.
14. This Man thus killed, was much more then his plain place promised him to be, as no meaner then the Brother of the Legate himself; who being suspicious (O how jealous is guiltiness!) that he might find Italy in England, and fearing to be poisoned, appointed his Brother to over-see all food for his own eating. And now the three Nations of Irish; Welsh, and English, fell down-right on the Italians. The Legate fearing (as they came from the same Wombe) to be sent to the same Grave with his Brother, secured himself fast locked up in the Tower of Osney Church, and there • at still and quiet, all attired in his Canonical Cope.
15. But he, it seems, trusted not so much to his Canonical Cope, as the Sable Mantle of Night; under the Protection whereof he got out, with a Guide, to make his escape; not without danger of drowning in the dark, being five times to cross the River then swelling with late rain, as much as the Scholars with anger. He made Fordes where he found none, all known passages being way-laid; and heard the Scholars following after, railing on, and calling him Usurer, Simoniack, Deceiver of the Prince, Oppressor of the people, &c. whilst the Legate wisely turned his Tongue into Heeles, spurring with might and main to Abington, where the Court then lay. Hither he came being out of all breath and Patience; so that entering the King 's presence, his Tears and Sighs were fain to relieve his Tongue, not able otherwise to express his Miseries: whom the King did most affectionately compassionate.
16. And now Woe to the poor Clergy of Oxford, when both temporal and spiritual Arms are prepared against them. Next day the King sent the Earl Warren with Forces against them, and a double Commission, Eripere & arripere: to deliver the remainder of the Italians (little better then besieged in Osney Abbey) and to seize on the Scholars; of whom thirty, with one Othe Legista (forward it seems in the Fray against the Legate his Name-sake) were taken Prisoners, and sent like Felons, bound in Carts, to Walling ford-prison, and other places of Restraint.
17. Nor was the Legate lazy the while, but summoning such Bishops as were nearest him, interdicted the University of Oxford, and excommunicated all such as were partakers in the Tumult; which were not the young fry of Scholars, but Clerks in Order, and many of them Beneficed, and now deprived of the profit of their Livings.
18. From Abington the Legate removed to London, lodging at Durhamhouse in the Strand: the King commanding the Major of London to keep him as the Apple of his eye, with watch and ward constantly about him. Hither he assembled the Bishops of the Land, to consider and consult about Reparation for so high an Affront.
19. The Bishops pleaded hard for the University of Oxford (as being the place wherein most of them had their Education.) They alleged it was Secunda Ecclesia a second Church, being the Nursery of Learning and Religion. They pleaded also that the Churlishnesse of the Porter let in this sad Accident, increased by the Indiscretion of those in his own Family: adding also, that the Clerks of Oxford had deeply smarted, by their long Durance and Sufferings, for their fault therein.
20. Mollified with the Premises, the Legate at last was over-entreated to pardon the Clergy of Oxford, on their solemn Submission; which was thus performed. They went from S t . Paul's in London to Durham-house in the Strand, no short Italian, but an English long Mile, all on foot; the Bishops of England, for the more State of the Business, accompanying them, as partly accessory to their fault for pleading in their behalf. When they came to the Bishop of Carlisle 's (now Worcester) house, the Scholars went the rest of their way bare-foot, sine Capis & Mantulis, which some understand, without Capes or Cloaks. And thus the great Legate at last was really reconciled unto them.
21. The mention of the house of the Bishop of Carlisle, minds me how, anciently, every Bishop (as all principal Abbots) had a House belonging to their See (commonly called their Inn) for them to lodge in when their occasions summoned them to London. Not to mention those which still retain their Names, as Winchester, Durham, Eli, &c. We will only observe such, which are swallowed up into other Houses, conceiving it charitable to rescue their Memory from Oblivion.
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I question whether the Bishop of Rochester (whose Country-House at Brumlay is so nigh) had ever a House in the City. Let others recover the rest from Oblivion; a hard task, I believe, they are so drowned in private Houses. O let us secure to ourselves everlasting habitations, seeing here no abiding mansion.
22. Come we now to present the Reader with another offer of the Kings, (I fear it was not much more,) to repress Papal oppression.
Rex dilecto sibi in Christo Archidiacono Glouc. Salutem. Significavimus, & etiam viva voice exposuimus Magistro P. Rubeo, Nuncio Domiin Papae, quod non est intentionis nostrae, nec etiam volumus aliquatenus sustinere, quod vel viros Relligiosos vel Clericum aliquem ad contributionem faciendam ad opus Domini Papae compellant. Et ideo vobis mandamus inhibentes district, ne ad mandatum ip sius Magistri Petri vel suorum, viros religiosos seu Clericos ad contributionem praedictam faciendam aliqua censura Ecclesiastica compellatis. Scituri quod si secus egeritis, nos contra vos tanquam perturbatorem Pacis Ecclesiasticae, quam conservare tenemur, modis quibus expedire viderimus, procedemus. Teste Rege apud Glouc. 11. die Iunij.
The King to his beloved in Christ the Archdeacon of Gloucester, Greeting. We have signified, & also by word of mouth have declared to M r . P. Rubeus, Nuncio to the Lord the Pope, that it is not our intention, nor will we any ways endure it, that they shall compel Religious Men, or any Clerk, to make a contribution, to supply the occasions of the Lord the Pope. And therefore we command you, strictly forbidding, that at the command of the same M r . Peter, or any of his officers, you compel not any Religious Men, or Clerks, by any Ecclesiastical censures to make the aforesaid Contribution. Knowing that if you do otherwise, we shall proceed against you, by means we shall think fit, as against the Disturber of the Peace of the Church, which we are bound to preserve. Witness the King at Gloucester, the 11. of June.
By the way, a Nuncio differed from a Legate, almost as a Lieger from an extraordinary Ambassodour; who though not so ample in his power, was as active in his progging, to advance the profit of the Pope his Master.
23. This Instrument acquainteth us with the Method used by him in managing his money matters. Such as refused to pay his demands, were proceeded against by Church Censures, suspension, excommunication, &c. The cunning Italian (to decline to odium) employing the Archdeacons to denounce the same in their respective Jurisdictions. Yet this went under the notion of a voluntary contribution, as free as fire from Flint, forced with Steel and strength out of it.
24. Whereas the King counted himself bound to preserve the Peace of the Church, the words well became his mouth. They seem to me to look like DEFENDER OF THE FAITH as yet but in the Bud, and which in due time might grow up to amount to as much. For though every Christian in his calling must keep the peace of the Church; Kings have a coercive power over the disturbers thereof.
25. This Royal resolution, to resist the oppressing of his Subjects, was good as propounded, better if performed. I find no visible effect thereof: but we may believe, it made the Popes Mil go the slower, though it did not wholly hinder his grinding the faces of the Clergy. This Patent is dated from Gloucester, more loved of King Henry then London itself, as a strong and loyal City, where he was first crowned, and afterwards did often reside.
26. Amongst the thousands of pounds which the Pope carried out of England, I meet only with three hundred Marks yearly, which came back again as a Private Boon, bestowed on an English Knight, Sir Reginald Mohun, by Pope Innocent the fourth, then keeping his Court at Lions in France. And because these are vestigia sola retrorsum, it will not be amiss to insert the whole Story thereof, as it is in an ancient French Manuscript, pertaining to the Family of the Mohuns.
Quant Sire Reinalda voit Ceo faitz il passa a la Court de Rome que adonques fuist a Lions, purconfirmer & ratifer sa novelle Abbay a grand honor de liu a touz joues & fuist en la Courte le deniergne en quaresme quant lenchaunce loffice del mess Laetare Jerusalem all quen jour lusage de la Court este que la poistoille doa a plus valiant & a plus honorable home qui puit estre trovez en la deste Courte une Rose ou une floretta de fin or donquez ilz sercherent tote le Courte entroverent Cesti Reinald pur le plus noble de tou te la Courte a oui le Pape Innocent donna Celle rose ou florette dor & la Papa lui Damanda quil home il fuisten son pais il respondi simple bacheleri, bean fitz fetz la pape Celle rose on florette unquez ne fuist donez fors an Rois ou an Dukes an a Countese pour ceo nous voluns que vous sons le Counte de Est Ceo est Somerset Reinald respondi & Aist O Saints piere ieo nay dout le mom meinteyner lapos soille donques lui dona ducent mariz per annum receiver sur Cantee saint Paul de Londres de ces deneires d'Engleterre pour son honor mainteyner de quen donna il reporta Bulls que enquore aurent en plomps, &c. en semblement odue moltes dis aultres bulls confirmatione de sa novelle Abbay de Newham a pres quen jour il porta la rose ou florette en les arms.
It is as needless, as difficult, to translate this Bull verbatim, being of base, obsolete, and ill-pointed French; sufficeth it, that this is the sum thereof. The Pope used on the Lord's day called, Laetare Jerusalem, solemnly to bestow a consecrated Rose, on the most Honorable persons, present at Mass with his Holiness. Enquiry being made, the Rose was conferred on Sir Reginald Mohun, as the best extracted in the present Congregation.
But seeing that Rose used always to be given to Kings, Dukes, and Earls at least (the lowest form of Coronetted Nobility in that Age) his Holiness understanding the same Sir Reginald to be but a plain Knight Bachelor, created him the Earl of Est, that is, (saith this Bull) of Somerset; and for the better support of his Honor, he allowed him three hundred Marks out of the pence of England (understand the Peter-Pence ) as the most certain Papal Revenue in the Land.
By this Bull the same Sir Reinald was made a Count Apostolic, whereby he had the Privileges to appoint public Notaries, and to legitimate Bastards on some Conditions. King Henry the third was so far from excepting against this Act, that he highly honored him. And yet Master Camden, sometimes acknowledgeth, sometimes denieth him for an English Earl. Not that I accuse him as inconstant to himself, but suspect myself not well attaining his meaning therein.
27. Now though the said Sir Reginald did modestly decline the Pope 's Honor for want of Maintenance, yet had he at that time no fewer then forty three Knights Fees held of his Castle of Dunstar. I have nothing else to add herein, save that the ancient Arms of the Mohuns, viz. a hand in a Maunch holding a Flower de luce (in that Age more fashionable then a Rose, in Heraldry) seems to relate to this occasion; which their Family afterward changed into a Sable Cross, in the Atchievements in the Holy land, born at this day by the truly honorable the Lord Mohun, Baron of Oakehampton, as descended from this Family.
28. This year died Robert Grouthead, Bishop of Lincoln, born at Stodebrook in Suffolk, Natalibus pudendis saith my Author, of Shamefull extraction, intimating suspicion of Bastardy: though the parents, rather then the child, have caused a blush thereat. He got his Surname from the greatness of his head, having large Stoage to receive, and store of Brains to fill it: bred for a time in Oxford, then in France: a great and general Scholar, (Bale reckoning up no fewer then two hundred books of his making) and a great opposer of the Popes oppression, which now grew intolerable.
29. For it appeared by inquisition made the last year, that the Ecclesiastical Revenues of Italians in England (whereof many were Boys, more Blockheads, all Aliens) amounted per annum unto threescore and ten thousand Marks: whereas the Kings Income at the same time was hardly twenty thousand. Bishop Grouthead offended thereat, wrote Pope Innocent the fourth such a Juniper Letter, taxing him with extortion, and, other vicious practices, that his Holiness brake out into this expression; What meaneth this doting old man, surdus & absurdus, thus boldly to control our actions? By Peter and Paul, did not our innate ingenuity restrain us, I would confound him, and make him a prodigy to the whole world. Is not the King of England our Vassall, yea our Slave, to imprison and destroy what persons we please to appoint?
30. The Pope being in this pelt, Aegidius a Spanish Cardinal thus interposed his gravity. It is not expedient, my Lord, to use any harshness to this Bishop. We must confess the truths which he saith. He is a holy man, of a more Religious life then any of us, yea Christendom hath not his equal; a great Philosopher, skilled in Latin and Greek, a constant reader in the Schools, Preacher in the Pulpit, lover of Chastity, and loather of Simony.
31. Thus the Pope took wit in his anger, and Grouthead escaped for the present: though Bale reporteth that he died excommunicate and deprived of his Bishopric. Popish Authors confidently report a strange vision, or rather a passion of Pope Innocent the fourth, whom Grouthead (appearing after his death) so beat with many blows (it seems he had a heavy hand as well as a great head) that the Pope died thereof soon after. No wonder therefore if his successors would not Canonize this Robert, who notwithstanding was a Saint, though not in the Popes, yet in the people's Calendar, many miracles being ascribed unto him; and particularly, that a sweet oil after his death issued out of his monument: which if false in the literal, may be true in a mystical meaning, Solomon observing that a good name is as ointment poured out.
32. England began now to • urfet of more then thirty years Peace and Plenty, which produced no better effects then ingratitude to God, and murmuring at their King. Many active spirits, whose minds were above their means, offended that others beneath them (as they thought) in Merit, were above them in Employment, cavilled at many errors in the Kings Government, being State-Donatists, maintaining, the perfection of a Commonwealth might, and ought to be attained. A thing easy in the Theory, impossible in the Practice, to conform the actions of men's corrupted natures to the exact Ideas in men's Imaginations.
33. Indeed they had too much matter whereon justly to ground their Discontents: partly because the King (distrusting his Natives) employed so many French Forrainers in places of power and profit; partly because he had used such indirect courses to recruit his Treasuries, especially by annihilating all Patents granted in his Minority (though indeed he was never more in his Fullage then when in his Non-age, as guided then by the best counsel) and forcing his Subjects to take out new ones on what Terms his Officers pleased. In a word, an Author then living complaineth, that Justice was committed to men unjust, the Laws to such who themselves were Out-laws, and the keeping of the Peace to injurious people delighting in Discords.
34. After many contests betwixt the King and his Subjects (which the Reader may learn from the Historians of the State) four and twenty prime persons were chosen by Parliament to have the supreme inspection of the Land: which soon after (to make them the more cordial) passed a decoction, and were reduced to three, and they three in effect contracted to one, Simon Mountfort, Earl of Leicester, the Kings Brother in Law: The King himself standing by as a Cypher, yet signifying as much as his ambitious Subjects did desire. These, to make sure work, bound him with his solemn Oath to submit himself to their new-modelled Government.
35. Here the Pope (charitable to relieve all distressed Princes) interposed his power, absolving the King from that Oath, as unreasonable in itself, and forced upon him. His Holiness was well paid for this great favor; the King hereafter conniving at his Horse-Leeches (Legates and Nuncioes) sucking the blood of his Subjects with intolerable Taxations. Thus was it not altogether the Flexibility of King Henry, but partly the Flexion of his Condition, (I mean, the altering of his occasions) which made him sometimes withstand, and otherwhiles comply with the Popes extortion. Thus always the Popes Curtesies are very dear; and the Storm itself is a better Shelter then the Bramble, fleecing such Sheep as fly under the shade thereof.
36. Mean time the King, having neither Coyn nor Credit, having pawn'd his Jewels, mortgag'd all his Land in France, and sold much of it in England, wanting where withal to subsist, lived on Abbeys and Prioreys; till his often coming and long staying there made what was welcome at the first, quickly to become wearisome Though a Royal Guest, with often coming, his Royalty made not his Guestship the more accepted, but the notion of a Guest rendered his Royalty the less to be esteemed. Indeed his visits of Abbeys at first did wear the countenance of Devotion (on which account this King was very eminent:) but afterwards they appeared in their own likeness, the dimmest eye seeing them to proceed from pure Necessity.
37. Soon after began the Civil Warrs in England, with various success, sometimes the King, and sometimes the Barons getting the better: till at last an indifferent Peace was concluded for their mutual good, as in the Historians of the Common-wealth doth plentifully appear.
38. The later part of the reign of King Henry was not only eminent in itself, but might be exemplary to others. He reformed first his own natural errors, then the disorders in his Court, the Expence whereof he measured by the just rule of his proper Revenue. The rigor and corruption of his Judges he examined, and redressed by strict commission, filled the seats of Judgment and Counsel with men nobly born, sat himself daily in Counsel, and disposed affairs of most weight in his own person.
39. And now the Charta Magna was very strictly observed, being made in the ninth year of this Kings reign, but the practice thereof much interrupted and disturbed with Civil Wars, it is beheld by all judicious men as (like the aurea Bulla or golden Bull of Germany) the life of English Liberty, rescued by the blood and valor of our Auncestours from Tyrannicall encroachment, giving the due bounds to Prerogative and Propriety, that neither should mutually intrench on the others, lawful Privileges. And although some high Royalists look on it as the product of Subjects animosities, improving themselves on their Princes extremities; yet most certain it is, those Kings flourished the most both at home and abroad, who tied themselves most conscientiously to the observation thereof.
40. Two Colleges in Oxford were founded in the Reign of this King: One, Bailiol College, by John Bailiol (and Dervorguill his Lady) of Bernads Castle in the Bishopric of Durham, banished into England, and Father of Bailiol King of Scotland. Wonder not that an Exile should build a College, Charity being oftentimes most active in the afflicted, willingly giving to others a little of that little they have: witness the Macedonians, whose deep poverty abounded to the riches of their Liberality.
41. True it is, the ancient revenues of this College were not great, allowing but eight pence a week for every Scholar therein of his Foundation (whereas Merion College had twelve pence:) and yet, as one casteth up, their ancient revenues amounted unto ninety nine pounds seventeen shillings & ten pence; which in that Age, I will assure you, was a considerable Sum, enough to make us suspect, that at this day they enjoy not all the Original lands of their foundation.
42. Indeed, I am informed that the aforesaid King Bailiol bestowed a large proportion of Land in Scotland on this his Fathers Foundation. The Master and Fellows whereof petitioned King James, (when the Marches of two Kingdoms were newly made the middle of one Monarchy) for the restitution of those Lands detained from them in the Civil Wars betwixt the two Crowns. The King, though an affectionate lover of Learning, would not have his Bounty injurious to any (save sometimes to himself;) and considering those Lands they desired, were long peaceably possessed with divers Owners, gave them notice to surcease their Suit. Thus not King James, but the infeacibility of the thing they petitioned for to be done with justice, gave the denial to their Petition.
43. Being to present the Reader with the Catalogues of this, and other worthy Foundations in Oxford, I am sorry that I can only build bare Walls, (erect empty Columns) and not fill them with any furniture: which the ingenuous Reader I trust will pardon, when he considers, first, that I am no Oxfordman; secondly, that Oxford is not that Oxford, wherewith ten years since I was acquainted. Wherefore I humbly request the Antiquaries of their respective Foundations (best skilled in their own worthy Natives) to insert their own observations: which if they would return unto me against the next Edition of this work, if I live, & it be thought worthy thereof, God shall have the Glory, they the public thanks, and the world the benefit of their contribution to my endeavors.
44. The Catalogue of Masters we have taken with an implicit faith, out of M r . Brian Twine (who may be presumed knowing in that subject) until the year 1608. where his work doth determine. (Since which time we have supplied them as well as we may, though too often at a loss for their Christian names.) If M r . Twine his Register be imperfect, yet he writes right who writes wrong, if following his Copy.
45. The List of Bishops hath been collected out of Francis Godwine Bishop of Hereford, whose judicious pains are so beneficial to the English Church. Yet Godwinus non vidit omnia, and many no doubt have been omitted by him.
46. As for the Roll of Benefactours, I, who hope to have made the other Catalogues true, hope I have made this not true; upon desire and confidence that they have more then I have, or can reckon up, though following herein I. Scot his printed Tables, and the last Edition of John Speed his Chronicle.
47. The column of learned Writers I have endeavored to extract out of Bale and Pitts. Whereof the later being a member of this University, was no less diligent then able to advance the Honor thereof.
48. Let none suspect that I will enrich my Mother, by rebbing my Aunt. For besides that Cambridge is so conscientious, she will not be accessory to my Felony by receiving stolen goods;
49. However, I am sensible of many defects, and know that they may be supplied by the endeavors of others. Every man knows his own land better then either Ortelius or Mercator, though making the Maps of the whole world. And the members of respective Colleges must be more accurate in the particularities of their own Foundations, then the exactest Historian who shall write a general description thereof.
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That John Wycliffe here mentioned may be the great Wycliffe; though others justly suspect him not the same, because too ancient, if this Catalogue be complete, to be the fourth Master of this House, except they were incredibly vivacious. Nothing else have I to observe of this Foundation, save that at this day therein are maintained one Master, twelve Fellows, thirteen Scholars, four Exhibitioners; which, with Servants, Commoners, and other Students, lately made up one hundred thirty and six.
50. Nor must we forget that (besides others) two eminent Judges of our Land were both Contemporaries and Students in this Foundation; the Lord chief Baron Davenport, and the Lord Thomas Coventry, Lord Chancellor of England, (whose Father also, a Judge, was a Student herein) So that two great Oracles, both of Law and Equity, had here their Education.
51. The other was University College: whereof I find different Dates, and the founding thereof ascribed to several Persons.
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I dare interpose nothing in such great differences, only observe that Master Camden (no less skillful a Herald in ordering the antiquity of Houses, then martialling the precedency of men) makes University the third in order after Merton College: which makes me believe the founding thereof not so ancient as here it is inserted.
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So that at this present are maintained therein one Master, eight Fellows, one Bible-Clark: which with Servants, Commoners, and other Students, amount to the number of threescore and nine.
52. Sure it is, at this time Oxford flourished with multitude of Students; King Henry conferring large favors upon them, and this amongst the rest. That no Jews living at Oxford should receive of Scholars above two-pence a week interest for the loan of twenty shillings, that is eight shillings eight-pence for the interest of a pound in the year. Hereby we may guess how miserably poor people in other places were oppressed by the Jews, where no restraint did limit their Usury; so that the Interest amounted to the half of the Principal.
53. Secondly, whereas it was complained of, That Justice was obstructed, and Malefactours protected by the Citizens of Oxford, who being partial to their own Corporation, connived at offenders who had done mischiefs to the Scholars: The King ordered, that hereafter, not only the Citizens of Oxford, but also any Officers in the Vicinage should be employed in the apprehending of such who offered any wrong to the Students in the University.
54. Lastly, he enjoined the Bailiffs of Oxford solemnly to acquaint the Chancellor thereof, of those times when Bread and other Victualls were weighed and prized. But in case the Chancellor had timely notice thereof, & refused to be present thereat, then the Bailiffs notwithstanding his absence might proceed in the foresaid matters of weight and measure.
55. We will conclude this Section with this civil and humble submission of the Dean and Chapter of S t . Asaph, sent to the King in the vacancy (as it seems) of their Bishopric; though dislocated, and some years set back in the date thereof.
Pat. 33. H. 3. M. 3.
Universis Christi fidelibus ad quos presens scriptum pervenerit, Decanus & Capitulum de Sancto Asapho salutem in Domino. Consuetudini antique & dignitati quas Dominus Henricus illustris Rex Angl. & progenitores sui habuerunt in Ecclesia Anglicana, de petenda licentia eligendi vacantibus Episcopatuum Sedibus, & de requirendo assensu Regio post factam electionem, obviare nolentes; protestamur & recognoscimus, nos, quotiens Ecclesia nostra Pastore vacaverit, ab illustri Domino Rege Angl. & Heredibus suis debere reverenter petere licentiam eligendi, & post electionem factam assensum eorum requirere. Et ne super hoc futuris temporibus dubitetur, presenti scripto Sigilla nostra fecimus apponi. Dat. apud Sanctum Asaph. Anno Domini M o . cc. xlix o . in Crastino Exaltationis Sanctae Crucis.
The substance is this. That the Dean and Chapter promise to depend wholly on the Kings pleasure in the choice of the next Elect: so that now Cathedrals began to learn good manners. Notwithstanding the Pope usually obtruded whom he pleased upon them. Say not that S t . Asaph was an inconsiderable Cathedral, being at great Distance & of small Revenue, which might make them more officious to comply with the King: seeing the poorest oft times prove the proudest, and peevishest to their Superiors. But although this qualm of Loyalty took this Church for the present, we must confess that generally, Chapters ask the Kings leave, as Widows do their Fathers to marry; as a Complement not requisite thereunto: as conceiving it Civility to ask, but no Necessity to have his Approbation.
56. Two eminent Arch-bishops of Canterbury successively filled that See, during the most part of this Kings Reign. First, Edmond, Treasurer of Salisbury, born, say some, in London, and Christened in the same Font with Thomas Becket. My Author makes him educated in University College in Oxford, a great Scholar, and lover of learned men, refusing to consecrate Richard Wendover Bishop of Rochester, because of his want of Sufficiency for such a Function: hereupon he incurred the displeasure of Otho the Popes Legate siding with Wendover (requiring no other Qualification save Money to make a Bishop) & was enforced to undertake a dangerous and expensive journey to Rome, to his great Damage, and greater Disgrace, being cast in his Cause, after the spending of a thousand Marks therein.
57. He took the boldness to tell the Pope of his Extortion; though little thereby was amended. After his return he fell into the Kings displeasure: so that overpowered with his Adversaries, and circumvented with their malice, weary of his Native Country (the miseries whereof he much bemoaned) he went into voluntary Banishment. He died and was buried in France: and six years after (which I assure you was very soon, and contrary to the modern Custom) was Sainted by Pope Innocent the fourth: Whose Body Louis the fourth King of France solemnly removed, and sumptuously inshrined.
58. The other, Boniface by name, was only eminent on the account of his high Extraction, as Uncle to the Queen, and son of Peter Earl of Savoy; a horrible scraper of money, generally hated, insomuch that he went his Visitation, having a Corslet on under his Episcopal habit: which it seems was no more then needs, the Londoners being so exasperated against him, that they threarned his Death, had not he secured himself by Flight. Only he is memorable to Posterity for paying two and twenty thousand Marks debt of his See (which his Predecessors had contracted:) for building a fair Hall at Canterbury, and a stately Hospital at Maidstone, which it seems was indicted and found guilty of, and executed for Superstition at the dissolution of Abbeys (when it was valued at above a hundred and fifty pounds of yearly Revenue) being aliened now to other uses.
SECT. III.
TO WILLIAM ROBINSON OF The Inward-Temple, Esq
SIR Edward Coke was wont to say, that he never knew a Divine meddle with a matter of Law, but that therein he committed some great error, and discovered gross ignorance. I presume you Lawyers are better Divines, then we Divines are Lawyers; because indeed greater your concernment in your precious souls, then ours in our poor estates. Having therefore just cause to suspect my own judgment in this Section, wherein so much of Law, I submit all to your Judgment to add, alter, expunge at pleasure; that if my weak endeavors shall appear worthy of a second Impression, they may come forth corrected with your Emendations.
1. QUiet King Henry the third, our English Nestor (not for depth of brains, but lenghth of life) as who Reigned fifty six years, in which term he buried all his Contemporary Princes in Christendom twice over. All the months in a year may in a manner be carved out of an April-day, Hot, cold, dry, moist, fair, soul weather, being oft presented therein. Such the character of this Kings life, certain only in uncertainty. Sorrowful, successful, in plenty, in penury, in wealth, in want, Conquered, Conqueror.
2. Yet the Sun of his life did not set in a Cloud, but went down in full luster; a good token that the next day would be fair, and his Successor prove fortunate. He died at S t Edmunds-Bury, and though a merciful Prince ended his days in a necessary act of justice, severely punishing some Citizens of Norwich, for burning and pillaging the Priory therein. His corps were buried at Westminster, Church, (founded and almost, finished, by him) with great solemnity, though Prince Edward his Son, as beyond the Seas was not present there at.
3. There cannot be a greater Temptation to Ambition to usurp a Crown, then when it findeth a vacancy on the Throne, and the true heir thereof absent at a great distance. Such an advantage at this instant, had the Adversaries of Prince Edward (not as yet returned from Palestine) to put in, if so minded, for the Kingdom of England. And strange it was, that no Arrears of the former Rebellion were left, but all the reckonings thereof so fully discharged, that no Corrival did appear for the Crown; But a general concurrence of many things befriended Prince Edward herein.
1. His Father on his death-bed secured his Sons, succession, as much as might be, by swearing the Principal Peers unto him in his absence.
2. The most active and dangerous Military men, the Prince had politically carried away with him into Palestine.
3. Prince Edward his same (present here in the absence of his person) preserved the Crown for him, as due to him, no less by desert then descent.
The premisses meeting with the love and Loyalty of many English hearts, paved the way to Prince Edward his peaceable entrance without any opposition.
4. King Edward was a most worthy Prince, coming off with honor in all his achievements against Turk, and Pope, and Jews, and Scots, and against whomsoever he encountered. For the Turks, he had lately made a voyage against them, which being largely related in our Holy War, we intend not here to repeat. Only I will add, that this Forein expedition was politically undertaken, to rid the Land of many Martialists, wherewith the late Barons Wars had made it to abound. These Spirits thus raised, though they could not presently be conjured down, were safely removed into another room. The fiercest Mastiff-Dogs never fight one with another, whilst they have either Bull or Bear before them to bait; the common foe employing that fury, which otherwise would be active against those of their own kind. This diversion of the English soldiery, gave a vent to their animosities, which otherwise would have been mutually mis-spent amongst themselves.
5. Great at this present was the Popes power in England, improving himself on the late tumu • tuous times, and the easiness of King Henry his nature, insomuch that within these last seven years ex plenitudine, (or rather ex abundantia & superfluitate) potestatis, he had put in two Arch-Bishops of Canterbury, Robert Kilwarby, and John Peccam, against the minds of the Monks, who had legally chosen others. Probably the third time would have created a Right to the Pope; and his Holiness hereafter prescribe it as his just due, had not King Edward seasonably prevented his encroachment, by moderating his power in England, as hereafter shall appear. Mean time we are called away on a welcome occasion, to behold a grateful object; namely, the Foundation of one of the first and fairest Colleges in Christendom.
6. For in this year Walter de Merton, Bishop of Rochester and Chancellor of England, finished the College of his own name in Oxford. This Walter was born at Merton in Surrey, and at Maldon in that County had built a College, which on second thoughts (by God's counsel no doubt) he removed to Oxford, as it seems for the more security; now if the Barons Wars, then (some fifteen years since) in height, and heat, were as it is probable, any motive of this Vranslation, it was one of the best effects which ever so bad a cause produced; For otherwise, if not removed to Oxford, certainly this College had been swept away, as Rubbish of superstition, at the Dissolution of Abbeys.
7. Amongst the many Manors which the first Founder bestowed on this College, one lay in the Parish of S t . Peters and West suburbe of Cambridge, beyond the Bridge, anciently called Pythagoras house, since Merton Hall. To this belongeth much good Land thereabout (as also the Mills at Grantchester mentioned in Chaucer) those of Merton College keeping yearly a Court Baron here. Afterwards King Henry the sixth took away (for what default I find not) this Manor from them, and bestowed it upon his own Foundation of Kings College in Cambridge. But his successor, Edward the fourth, restored it to Merton College again. It seemeth equally admirable to me, that Holy King Henry the sixth, should do any wrong, or Harsh Edward the fourth, do any Right to the Muses, which maketh me to suspect that there is more in the matter then what is generally known, or doth publicly appear.
8. S t Henry Savill the most learned Warden of this College, three hundred and more years after Mertons death, plucked down his old Tomb in Rochester Church. (near the North wall, almost over against the Bishops Chair) and built a neat new Monument of Touch and Alabaster, whereon after a large inscription in Prose, this Epitaph was engraven.
And indeed malice itself cannot deny, that this College (or little University rather) doth equal, if not exceed any one Foundation in Christendom, for the Famous men bred therein, as by the following Catalogue will appear.
I purposely Omit such as still, (and may they long) survive, whereof some (as D r Edward Reynolds, D r John Earls, D r Francis Cheynel, M r Doughty, M r Francis is Rowse, &c.) have already given the world a Testimony of their great Learning and endowments. Others may in due time, as D r Higgs, late Dean of Lichfield, D r Corbet, &c. And surely M r John Hales, formerly Greek Professor, will not envy Christian man-kind, his Treasury of Learning; nor can conceive, that only a Sermon (owned under his name) can satisfy the just expectation from him, of the Church and Common-wealth.
There is a By-Foundation of Postmasters in this House, (a kind of College in the College) and this Tradition goeth of their Original. Anciently there was over against Merton College, a small un-endowed Hall, whose Scholars had so run in arrears, that their opposite neighbors, out of charity took them into their College, (then but nine in number) to wait on the Fellows. But since they are freed from any attendance and endowed with plentiful maintenance, M r Willet being the first Benefactor unto them in that nature, whose good example hath provoked many to follow his liberality. These most justly conceive themselves much honored, in that Bishop Jewel was a postmaster before removed hence, to be Fellow of Corpus Christ's College. We take our farewell of this House, when we have told it consisted lately (viz. 1635.) of one Warden, twenty one Fellows, fourteen Scholars, besides Officers and Servants, of the foundation, with other Students, the whole number being eighty.
9. Come we now to the Kings retrenching the Popes power, grown so exorbitant in England. A principal part whereof consisted in the multitude of Monasteries, daily increasing in wealth, and all at the Popes absolute devotion. If posterity had continued at this rate, to build and endow Religious Houses, all England would, in short time, have turned one entire and continued Monastery; and the inhabitants thereof become either Friers, or Founders. Where then should be any Soldiers to fight the Kings battles? Seamen to steer his ships? Husbandmen to plough the Kings land? or rather any land of his to be ploughed by husbandmen?
10. Besides, though these Friers had a living-hand, to take and receive from any; they had Mortmaine, a dead-hand, to restore and return any profit to the King again. Yea, such alienation of lands in Mortmaine, settled on Monasteries (which as Corporations neither married nor died) afforded neither Wards, Marriages, Reliefs, nor Knights-service, for the defense of the Realm; in a word, enriched their private coffers, impoverished the public Exchequer, It was not therefore such a dead band, which could feed so many living mouths, as the King for his state and safety must maintain. Wherefore for the future he restrained such unlimited Donatives to Religious Houses.
11. Ignorance makes many men mistake mere transcripts for Originals. So here, the short-fighted vulgar sort, beheld the Kings Act herein as new, strange, and unprecedented, whereas indeed former times, and foreign Princes had done the like on the same occasion. First, we find some countenance for it in Scripture, when Moses by proclamation bounded the overflowing bounty of the people to the Tabernacle. And in the Primitive times, Theodosius the Emperor (although most loving and favorable to the Clergy) made a Law of A Mortisation or Mortmain, to moderate people's bounty to the Church. Yet a great Father, Jerome by name, much disliked this Act, as appears by his complaint to Nepotian of that Law; I am ashamed to say it, the Priests, of Idols, Stage-players, Coach-men, and common Harlots, are made capable of inheritance, and receive Legacies, only Ministers of the Gospel, and Monks are barred by Law thus to do; and that not by Persecutors, but by Christian Princes. But that passionate Father comes off well at last; neither do I complain of the Law, but I am sorry we have deserved to have such a Law made against us.
12. S t Ambrose likewise expresseth much anger on the same occasion, out of his general zeal for the Churches good. But, had the aforesaid Fathers (men rather pious then politick; good Church-men, no States-men) seen the Monasteries swollen in revenues from an inch in their days, to an ell (by people's fondness, yea dotage, on the four sorts of Friers) in King Edwards Reign, they would, no doubt, instead of reproving, have commended his, and the neighbouring Kings care for their Common-wealths.
13. For the like laws for limiting men's liberality, were lately made in Spain and France, and now at last followed by King Edward, according to the tenor ensuing;
WHere of late it was provided, that religious men should not enter into the fees of any without license and will of the chief Lord's of whom such fees be holden immediately: And notwithstanding such religious men have entered as well into their own sees, as in the fees of other men, approprying and buying them, and sometime receiving them of the gift of others, whereby the services that are due of such fees, and which at the beginginning were provided for defense of the Realm, are wrongfully without own, and the chief Lord's do leese their Escheats of the same; we therefore to the profit of our Realm intending to provide convenient remedy, by the advice of our Prelates, Earls, Barons, and other our subjects, being of our Council, have provided, made, and ordained, That no person, Religious or other, whatsoever he be, that will buy or sell any Lands or Tenements, or under the color of Gift or Lease, or that will receive by reason of any other title, whatsoever it be, Lands or Tenements, or by any other Craft or Engine will presume to appropriate to himself, under pain of forfeiture of the same, whereby such Lands or Tenements may any wise come into Mortmaine. We have provided also, That if any person, religious or other, do presume either by Craft or Engine, to offend against this Statute; it shall be lawful to us and other chief Lord's of the Fee, immediately to enter in the land so aliened, within a year from the time of their alienation, and to hold it in fee, and as Inheritance. And, if the chief Lord immediately be negligent, and will not enter into such Fee within the year, then it shall be lawful to the next chief Lord immediate of the same Fee, to enter in the said land within half a year next following, and to hold it as before is said; and so every Lord immediate may enter into such Land, if the next Lord be negligent in entering into the same Fee, as is aforesaid. And, if all the chief Lord's of such Fees being of full age, within the four Seas, and out of prison, be negligent or slack in this behalf, we immediately after the year accomplished, from the time that such purchases, Gifts or Appropriations hap to be made, shall take such tenements into our hand, and shall enfeoffe others therein, by certain Services to be done to Us, for the defense of our Realm, saving to the chief Lord's of the same Fees, their Wardes and Escheats, and other Services thereunto due and accustomed. And therefore we command you, that ye cause the foresaid Statute to be read before you, and from henceforth to be kept firmly and observed.
Witness myself at Westminster, &c.
Date we from this day, the achme or vertical height of Abbeys, which henceforward began to stand still, & at last to decline. Formerly it was Endow Monasteries who would, hereafter, who could, having first obtained license from the King. Yet this Law did not ruin, but regulate, not destroy, but direct well grounded liberality, that bounty to some, might not be injury to others. Here I leave it to Lawyers by profession, to show how many years after, (viz. the eighteenth of of Edward the third) Prelates Impeached before the Kings Justices for purchasing land in Mortmain, shall be dismissed without further trouble, upon their producing a charter of license, and process thereupon made, by an Inquest, ad quod damnum, or, (in case that cannot be shown) by making a convenient Fine for the same.
14. The late mention of the Prelates advise, in passing a Law so maleficial unto them, giveth me just occasion to name some, the principal persons of the Clergy, present thereat; namely,
1. John Peckam, Arch-Bishop of Canterbury, a stout man. He afterwards excommunicated the Prince of Wales, because he went a long journey to persuade him to peace with England, but could not prevail.
2. William Wickwane, Arch-Bishop of York, accounted a great Scholar, (Author of a Book called Memoriale) and esteemed a petty-saint in that Age.
3. Anthony Beake, soon after Bishop of Durham; the richest and proudest, (always good manners to except Cardinal Wolsey) of that place; Patriarch titular of Jerusalem, and Prince of the Isle of Man. Yet in my mind, Gilbert Sellinger, his contemporary, and Bishop of Chichester, had a far better Title, as commonly called, the Father of Orphans, and Comforter of the widows.
These, with many more Bishops consented (though some of them resorbentes suam bilem as inwardly angry) to the passing, (or confirming) of the Statute of Mortmain. To make them some amends, the King not long after favourably stated, what causes should be of spiritual cognizance.
15. For a Parliament was called at Westminster, eminent on this account, that it laid down the limits, and fixed the boundaries betwixt the Spiritual and Temporal Jurisdictions, Hitherto shall you come and no farther; though before and since, both powers have endeavored to enlarge their own, and contract their Rivals authority. We will present first the Latin out of the Records, and then the English out of our printed Statutes, and make some necessary observations on both.
REX talibus Judicibus Salutem. Circumspecte agatis de negotiis tangentibus Episcopum Norwicensem, & ejus Clerum, non puniend, eos si placitum tenuerint in Curia Christianitatis de bis quae mere sunt spiritualia, viz. de correctionibus quas Prelati faciunt pro mortali peccato, viz. pro fornicatione, adulterio & hujusmodi, pro quibus aliquando infligitur paena corporalis, aliquando pecuniaria, maxim si convictus fuerit de hujusmodi liber homo.
Item, Si Praelatus puniat pro cemeterio non clauso, Ecclesia discooperta, vel non decenter ornata, in quibus casibus alia poena non potest inffigi quam pecuniaria.
Item, Si Rector petat versus parochianos oblationes, & decimas debitas vel consuetas, vel si Rector agat contra Rectorem de decimis majoribus, vel minoribus, dummodo non petatur quarta pars valoris Ecclesiae.
Item, Si Rector petat mortuàrium in partibus ubi mortuarium dari consuevit.
Item, Si Praelatus alicujus Ecclesiae, vel advocatus petat à Rectore pensionem si debitam, omnes hujusmodi petitions sunt faciend, in foro Ecclesiastico. De violenta manuum injectione in Clericum, & in causa diffamationis concessum fuit aliàs, quod placitum inde teneatur in Curia Christianitatis, cum non petatur pecunia, sed agatur ad correctionem peccati, & similiter pro fidei laesione. In omnibus praedictis casibus habet judex Ecclesiasticus cognoscere regia prohibitione non obstante.
THe KING to his Judges sendeth Greeting. Use yourself circumspectly in all matters concerning the Bishop of Norwich, & his Clergy, not punishing them, if they hold plea in Court Christian, of such things as be merely spiritual, that is to wit of penance enjoined for deadly sin, as fornication, adultery, and such like; for the which many times, corporal penance or pecuniary is enjoined, specially if a free man be convict of such things.
Also if Prelates do punish for leaving Church-yards unclosed, or for that the Church is uncovered, or not conveniently decked, in which cases none other penance can be enjoined but pecuniary.
Item, If a Parson demand of his parishioners, oblations and tithes due and accustomed, or if any person plead against another for tithes, more or less, so that the fourth part of the value of the Benefice be not demanded.
Item, If a Parson demand mortuaries in places where a mortuarie hath used to have been given.
Item, If a Prelate of a Church, or if a Patron demand a pension due to themselves, all such demands are to be made in a Spiritual Court. And for laying violent hands on a Priest, and in cause of defamation, it hath been granted already, that it shall be tried in a Spiritual Court, when money is not demanded, but a thing done for punishment of sin, and likewise for breaking an oath. In all cases afore rehearsed, the Spiritual Judge shall have power to take knowledge notwithstanding the Kings prohibition.
Something must be premised about the validity of this writing, learned men much differing therein.
-
Some make it
- 1. Only a constitutiou made by the Prelates themselves; much too blame, if they cut not large pieces, being their own Carvers.
- 2. A mere Writ issued out from the King to his Judges.
- 3. A solemn Act of Parliament, complete in all the requisites thereof.
Hear what a Bacon (but neither S r Nicolas, nor S r Francis, the two Oracles of Law) writes in this case; A writing somewhat like a Grant of Liberties, which before times were in controversy; and this Grant (if it may be so called) hath by continuance VSURPED the name of a Statute, but in its own nature is no other then a Writ directed to the Judges. Presently after he saith, It is therefore no Grant, nor Release, but as it were a Covenant that the Clergy should hold peaceable possession of what they had, upon this ground. And in the next page more plainly; For my part therefore I shall not apprehend it of a higher nature then the Kings Writ, which in those days WENT FORTH AT RANDOM.
16. Come we now to the calm judgment of S r Edward Cook, on whose decision we may safely rely; Though some have said that this was no Statute, but made by the Prelates themselves; yet that this is an Act of Parliament, it is proved, not only by our books, but also by an Act of Parliament.
17. The King to his Judges] Were it of concernment, it were not difficult to name the Prime Judges of England at this time:
-
Viz.
- 1. In the Kings, or Vpper-Bench, either Ralph de Hengham, or (which is more probable) one Wymborne was Judge.
- 2. In the Common-Pleas, Thomas de Weyland, on that token that he was guilty of Bribery.
- 3. In the Exchequer, Adam de Stratton, as faulty as the former.
18. Concerning the Bishop of Norwich] It is needless to tell the Reader, that William Middeton was Bishop thereof at this time, charactred to be, Vir in Jure Civili & Canonico peritissmus & elegantissmus. But Norwich is here put only for example, which equally extended to all the Bishops of the Realm.
19. Si placitum tenuerint, if they hold plea] Placitum, a Plea so called, saith my Author, per antiphrasin, quia non places, none being pleased to go to Law save Barreters, who delight in brangling. But, what if it be called placitum, because the Plaintiff is pleased to submit his right in question to the pleasure of the Court to decide it?
20. In Court Christian] These words are left out in Linwood his Constitutions, where all the rest is registered. And, where the recording thereof amongst the Provincial Canons of Canterbury, gave the best countenance to their conjecture, who degrade this Act of Parliament into a mere Church-Constitution. It is called the Court Christian, because therein the Laws of Christ do, or should bear the decisive sway, whilst the Statutes of Secular Princes regulate the proceedings in other Courts.
21. Such things as be merely spiritual] This furnisheth us with a necessary distinction of all matters;
-
Into
- merely and purely
- mixedly and partly
- spiritual.
22. For deadly sin] Distinguish we here betwixt a sin deadly to the soul, drawing damnation without repentance, and a deadly (commonly called a capital) crime, deserving death by human Laws. The former only is here intended, the latter belonging wholly to the Common-Law. Nor did the punishment of every mortal sin (to use the language of that age) belong to Church-men, seeing if so (as Linwood no less Learnedly, then modestly confesseth) Sic periret temporalis gladii jurisdictio, Thereby the power of the temporal sword will wholly be taken away. Long since had Doctors-Commons eaten up all the Inns of Court, if all things reducible to deadly sins had pertained to the Court-Christian. And therefore the Casuists themselves do qualify and confine these words of indefinite extent, to such crimes, which de sui naturâ spectant ad Forum Ecclesiasticum.
23. As first fornication] Here, saith Linwood, thirteen cases are in specie recited, though I dare not reckon them up, fearing to make them (lying so confusedly) moe or less. Fornication, that is (saith the Casuist) Soluti cum soluta, the uncleanness of a loose (understand unmarried) with a loose person.
24. Adultery] These two alone are specified, because lying in a middle distance, so the more conveniently to reach other sins of this kind, of higher or lower guilt;
| 1. Higher | as | Incest. |
| 2. Lower | Soliciting a woman's chastity. |
25. And such like] Here is an interpretative et-caetera inserted in the body of a Parliament Act (and a Writ grounded thereon) causing some differences about the Dimensions thereof. For, if these words, And such like, relate only to the last foregoing, Fornication and Adultery, (in common construction most probable) then they only fetch in such offenses which have some tincture of Carnal uncleanness. But, if they also refer to the mediate preceding words, deadly sins, behold a troop cometh, beyond our power exactly to number them. And here Forein Casuists bring in a bundle of mortal sins, all grist for their own Mill, as of Church-cognizance; namely, Sacrilege, Usury, Heresy, Simony, Perjury, Fortune-telling, consulting Astrologers, Drunkenness, &c. But it matters not, how long and large their bills be from beyond the Seas, seeing our Common-Law brings their reckonings to a new account, defalking a great part of that measure, which they make to themselves in favor of Church-Jurisdiction.
26. For that the Church is uncovered] It belonged ever to the Priests, to provide for the decent reparation of God's-House. Thus Jehoiada was careful to amend the decays of the Temple. But though it pertained to Churchmen to see the thing done, yet several persons were to do it.
1. The Steeple with the Body of the Church, and all Chapels lying in common thereunto, are to be repaired at the join cost of the Parish.
2. Private Chapels wherein particular persons claim a propriety of sepulture at their own charges.
3. The Chauncel at the expense of the Parson.
However in all these, such respect is had to the custom of the place, time out of mind; that it often overruleth the premisses. Quaere, Whether the Fences of the Church-yard be to be made on the Parish-charges, or on the purse of the several persons whose ground surroundeth it, or abutteth on the same.
* Oblations and Tythes] It is a question which I believe will never be decided to the contentment of both Parties, in what notion Tythes belong to the Court-Christian.
That Originally and ex sua natura, they are of Ecclesiastical cognizance, as commonly avouched, and generally believed due, Jure Divino. Besides, such the near relation of the Church and its maintenance, that to part the oil from the lamp were to destroy it. They produce also the Confession in the Statute of the first of Richard the second, That pursuit for Tythes ought, and of ancient time did pertain to the Spiritual Court.
That Tythes in their own nature are a civil thing, and therefore by Briton (who being Bishop of Heresord, and learned in the Laws of this Realm, was best qualified for an unpartial Judge herein) omitted, when treating of what things the Church hath cognizance. They affirm therefore that Tythes were annexed to the Spirituality. Thus they expound those passages in Statutes of Tythes, anciently belonging to Court-Christian, as intended by way of concession, and not otherwise.
But the Canonists are too sturdy to take that for a gift which they conceive is their due, left thanks also be expected from them for enjoying the same, and so we leave the question where we found it.
27. Mortuary] Because something of history is folded up in this word, which may acquaint us with the practice of this age, we will enlarge a little hereon, and show what a Mortuary was, when to be paid, by whom, to whom and in what consideration.
1. A Mortuary was the second best quick cattle whereof the party died possessed. If he had but two in all (such forsooth the charity of the Church) no Mortuary was due from him.
2. It was often bequeathed by the dying, but however always paid by his Executors after his death, thence called a Mortuary or Corse-present.
3. By whom. No woman under Covert-Baron was liable to pay it (and by proportion no children unmarried, living under their Fathers tuition) but Widows, and all possessed of an Estate, were subject to the payment thereof.
4. To whom. It was paid to the Priest of the Parish where the party dying received the Sacrament (not where he repaired to prayers) and if his house at his death stood in two Parishes, the value of the Mortuary was to be divided betwixt them both.
5. It was given in lieu of small or personal Tythes (Predial Tythes are too great to be casually forgotten) which the party in his life-time had, though ignorance or negligence, not fully paid. But in case the aforesaid Mortuary fell far short of full satisfaction for such omissions, Casuists maintain the dying party obliged to a larger restitution.
So much of Mortuaries, as they were generally paid at the present, until the time of Henry the sixth, when learned Linwood wrote his Comment on that Constitution. How Mortuaries were after reduced to a new regulation by a Statute, in the twenty first of Henry the eighth, pertains not to our present purpose.
28. For laying violent hands on a Priest] The Ecclesiastical Judge might proceed ex officio, and pro salute animae, punish the offender who offered violence to a Priest; but damages on Action of Battery were only recoverable at Common-Law: Note, that the arresting of a Clergy-man by Process of Law, is not to be counted a violence.
29. And in cause of Defamation] Where the matter defamatory is spiritual, as to call one Heretic, or Schismatic, &c. the plea lay in Court-Christian. But defamations with mixture, any matter determinable in the Common-Law, as Thief, Murderer, &c. are to be traversed therein.
30. Defamation it hath been granted] From this word granted, Common-Lawyers collect (let them alone to husband their own right) that originally defamations pertained not to the Court-Christian. From the beginning it was not so, until the Common-Law by Acts of Parliament, granted and surrendered such suits to the Spirituality.
31. Thus by this Act and Writ of Circumspecte agatis, King Edward may seem like an expert Artist, to cleave an hair, betwixt the spiritual and temporal jurisdiction, allowing the premisses to the former, and leaving whatever is not specified in this Act, to the Cognizance of the Common-Law, according to the known and common Maxim, Exceptio firmat regulam in non exceptis. However, for many years after there was constant heaving and shoving betwixt the two Courts. And, as there are certain lands in the Marches of England and Scotland (whilst distinct Kingdoms) termed Battable-grounds, which may give for their Motto, not, Dentur justiori, but, Dentur fortiori, for always the strongest sword for the present possessed them: So in controversial cases to which Court they should belong, sometimes the Spirituality, sometimes the Temporality, alternately seized them into their Jurisdiction, as power and favor best befriended them. But generally the Clergy complained, that, as in the blending of liquors of several colors, few drops of red will give tincture to a greater quantity of white, so the least mixture of Civil concernment in Religious matters, so discolourated the Christian candor and purity thereof, that they appeared in a temporal hue, and under that notion were challenged to the Common-Law. Sad, when Courts that should be Judges, turn themselves Plaintiffs and Defendents, about the bounds of their Jurisdiction.
32. We long since mentioned the first coming in of the Jews into England (brought over by William the Conqueror) and now are come this year to their casting out of this Kingdom; having first premised some observables concerning their continuance therein. If hitherto we have not scattered our History with any discourse of the Jews, know it done by design: that as they were enjoined by our Laws, to live alone in streets by themselves (not mixing in their dwellings with Christians) so we purposely singled out their story, and reserved it by itself, for this one entire relation thereof.
33. They were scattered all over England. In Cambridge, Bury, Norwich, Lin, Stanford, Northampton, Lincoln, York, and, where not? But their principal abode was in London, where they had their Arch-Synagogue at the North corner of the Old-Jury, as opening into Lothbury. After their expulsion, their Synagogue was turned into the Covent of the Friers of the Sack, or, De Poenitentia Jesu; and after their supression, it became successively the house, first of a Lord, then of a Merchant; since of any man for his money, being turned into a Tavern, with the sign of the Wind-mill. A proper sign to express the moveableness of that place, which with several gales of success, hath been turned about, from so many owners, and to so many uses.
34. As for the civil government of Jews in England, the King set over them one principal Officer, called the Justicer of the Jews, whose place in honor was next to the Barons of the Exchequer. His office was to be the Patron & Protector of the Jews in their just rights, to decide all suits betwixt Christians and them, and to keep the seal of the Jews their Corporation, with the keys of their Treasury; I conceive of such moneys as they paid as Tribute to the King: otherwise the Jews had age enough to keep the Keys of their own coffers themselves, and wit too much to trust them with others. S r Robert de Hoo, and S r Philip Luvel (afterward Treasurer of England ) men of signal Nobility, successvely discharged this place. These Justicers often acted very high in defense of their Clients, the Jews; insomuch as I find it complained of by the English Clergy, as a great grievance; that, when a Jew was convented before the Ecclesiastical Judge, for his misdemeanors (as Sacrilege, violence offered to some Priest, adultery with a Christian woman, &c.) their own Justicer would interpose, and, by a Prohibition obtained from the King, obstruct all legal proceedings against such a Jew, as only responsible in his own jurisdiction.
35. In their spiritual government they were all under one Pontifex, or High Priest. We find his name was Elias, who Anno 1254. had that office. He was also called the Presbyter of the Jews, whose place was usually confirmed at least, if not constituted by the King, who by his Patent granted the same, as may appear by this copy of King Johns, as followeth.
REX omnibus fidelibus suis, & omnibus Judaeis, & Anglis salutem. Soiatis Nos concessisse, & praesenti Chartâ nostrâ confirmasse Jacobo Judge de Londoniis Presbyterio Judaeorum, Presbyteratum omnium Judaeorum totius Angliae babendum & tenendum quamdiu vixerit, libere & quiet & bonorifice, & integre, its quod nemo ei super hoc molestiam aliquam, aut gravamen infer praesumat: Quare volumus, & firmiter praecipimus, quod eidem Jacobo quoad vixerit Presbytoratum Judaeorum per totam Angliam, garantetis, manu teneatis, & pacifice defendatis; & si quis ei super eo foriffacere praesumserit, id ei sine dilatione (salva nobis emenda nostra) de forisfactura nostra emendari faciatis, tanquam Dominico Judaeo nostro quem specialiter in servitio nostra retinuimus. Prohibemus etiam ne de aliquo ad se pertinente ponatur in placitum, nisi coram Nobis, aut coram Capitali Justitia nostra, sicut Charta Regis Richardi, fratris nostri, testator. Taeste S. Bathomensi Episcopo &c. Dat. per manus H. Cantuariensis Archiepiscopi Chancellarii nostri apud Rothomagum 31. die Julii, Anno Regni nostri primo.
I have transcribed this Patent the rather for the rarity thereof, it being a strange fight, to see a Christian Arch-Bishop date an Instrument for a Jewish Presbyter.
36. Their livelihood was all on Usury. One Verse in Deuteronomy (with their Comment thereon) was more beneficial unto them, then all the Old Testament besides. Unto a stranger thou mayest lend upon usury, but unto thy brother thou shalt not lend upon usury: Now interpreting all strangers who (though neighbors at the next door) were not of their own nation, they became the universal Usurers of all England; and did our Kingdom this courtesy, that, because all hated the Jews for their Usury sake; all also hated Usury for the Jews sake, so that Christians generally disdained to be guilty thereof. Now, seeing there are two ways to wealth, one long and sure, by saving at home; the other short, but not so certain (because probably it may meet with detection and punishment) by oppressing abroad, no wonder if the Jews, using both ways, quickly arrived at vast estates.
37. For, first for their fare, it was course in the quality, and yet slender in the quantity thereof. Insomuch, that they would, in a manner, make pottage of a flint. Swines-flesh indeed they would not eat, but dogs-meat they would; I mean, beef and mutton, so poor, and lean, that the refuse of all Christians, was the Jews choice in the Shambles. Clothes they wore so poor, and patch'd, beggars would not take them up to have them. Attendants they kept none, everyone waiting on himself. No wonder then, if easily they did over-grow others in wealth, who basely did under-live themselves in all convenient accommodations. Nor were they less gripple in keeping, then greedy in catching of goods; who would as soon lose their fingers, as let go what they had clutched therein.
38. I was of the opinion (and perchance not without company in my mistake) that the Jews were not permitted to purchase Lands in England. I thought, only the ground of their graves (generally buried without Cripplegate, in the Jews garden, on the West side of S t Giles 's Church-yard, now turned into Tenements in Red-cross-street) could be termed theirs. But since I am informed, that Benomy Mittun, a Jew (as certainly many moe besides him) was possessed of much Land, and many houses in several parishes in London. Surely their purchases were limited within some restrictions. But the Jews generally more fancied letting-out of money, then buying in of Land, as which made their estates less subject to discovery, more plentiful in their increasing, and more portable in the removing thereof.
39. It was an usual punishment legally inflicted on these Jews, for their offenses not capital, to Excommunicate them. Thus such Jews should be Excommunicated, who, contrary to the Laws, kept Christian-nurses in their houses; or, who cast off that badge, or cognizance, which they ought to have worn over their upper garment, to be distinguished from Christians. Surely such Excommunication was no Ecclesiastical censure, needless to keep the Jews out of our Churches, who hated all coming into them. Rather it was a civil penalty (equivalent to the Universities discominoning a Townsman in Cambridge) whereby the Jews were derred all commerce with Christians (worse to them then all the plagues of Egypt) and so the mart of their profit marred, dearer unto them then life itself.
40. Endless it were to reckon up the indignities offered unto these Jews, on occasion sometime given, but oftener taken▪ Apprentices now adays do not throw sticks at Cocks on Shrove-tuesday so commonly, as then on that day they used clubs on the Jews, if appearing out of their houses. A people equally unhappy at feasts, and at frays. For, whensoever the Christians at any revels made great entertaintments, the Jews were made to pay the reckoning. And wheresoever any brawl began, in London, it ended always in the Old-Jury, with pillaging of the people therein. What good heart can without grief, recount the injuries offered to those, who once were the only people of God? These were they who preferred Barabbas, before Christ their Savior, which Barabbas was a robber, a raiser of insurrection, and a murderer. And ever since that time, in all insurections against them (when they desired, and sought safety, and deliverance) it hath been their constant portion, to be robbed and murdered.
41. But the most terrible persecution fell upon them at the Coronation of King Richard the first, which, according to the Jewish computation was their Jubile; and then busy in the observance thereof, though (alas) they had not one merry day in the compass of the whole year. They were forbidden, for fear of their enchantments, to approach the Kings Coronation, upon heavy penalties denounced. Now, their curiosity was so far above their covetousness, or rather, their willfulness so far above their curiosity herein, that, out of their old spirit of contradiction, some appeared there, which caused the killing of many, robbing of moe Jews in London. On the same account, within few days after (how quickly can cruelty ride post seven score and ten miles?) five hundred Jews besieged in a Tower at York, first beheaded their own wives and children, and then burnt themselves, to escape more cruel torments.
42. In the seventeenth year of the Reign of King John, the Barons brake into the Jews houses, and rifled their coffers, and with the stone of their houses, repaired the gates, and walls of London. Surely such stones must be presumed very hard, like the Jews, their owners, from whom they were taken, and yet they soon mouldred away with wind and weather. Indeed plundered stone never make strong walls. And I impute it as a partial cause of the weakness of London -walls (which no enemy ever since assaulted, but he entered them) that a great part of them (enough to infect all the rest) was built with materials got by oppression.
43. But, of all our English Kings, none ground the Jews with exactions, like King Henry the third. Only herein the Jews might, and did comfort themselves, that the English, his Native Subjects, also smarted soundly under his oppression. He not only flayed the skin, but raked the flesh, and scarrified the bones of all the Jews estates in England; ut vivere fastidirent, that is was irksome for them to live. Gold he would receive of every Jewish man, or woman, always with his own hand, but consigned other officers to receive the silver from them. One offensive act he willfully did to their conscience, in giving them leave, at their own cost and charges, to build them a new Synagogue, and when they had finished it, He commanded them to dedicate it to the Virgin Mary, whereby they utterly lost the use thereof; and afterwards the King gave it to be a Cell of S t Anthony of Vienna. A vexatious deed, merely to despite them, who are (since their smarting for Idolatry in the captivity of Babylon) pertinacious worshippers of one God, and nothing more retardeth their conversion to Christianity, then the scandal given daily unto them, by the Popish Saint-ship to their images.
44. It may justly seem admirable, whence these Jews so often pillaged to their bare skins, so suddenly recruited themselves with wealth. What I have heard affirmed of some ground in Gloucester -shire, that in a kindly spring, bite it bare over night, next morning the grass will be grown to hide a wande therein, is most certainly true in application to the Jews, so full and fast did wealth flow in upon them. Let their eggs not only be taken away, but their nests be plucked down; yet within few years we shall find them hatching a new brood of wealth therein. This made many suspect them, for clipping and coining of money. But, to lessen the wonder of these Jews their speedy recovery, know, that (besides some of their invisible hoardes escaping their plunderers hands) the Jews in other places (where the persecution for the present) furnished them to set up trading again. Indeed commendable was the Jews charity to their own Country-men, save that necessity commanded them to love one another, being hated of all other nations.
45. To avoid these miseries, they had but one shift (and, as used by some of them, it was but a shift indeed) to pretend themselves Christian Converts, and to tender themselves to be baptized. To such persons; in a temporal respect, Baptism washed away all sin; they being cleared and quitted from all ante-facts how heinous soever, by their entrance into Christianity. Thus Anno 1259. Elias Biscop, a London -Jew, charged with many horrible crimes; and, amongst others, that with poisoned drink he had caused the death of many English Gentlemen, escaped all punishment by being baptized. For the farther encouragement of their conversion, King Henry the third erected a small house in Chancery -Lane (where the office of the Rolls is now kept) for Convert-Jews to dwell in, allowing a daily salary to them for their maintenance. It is to be feared many lived therein who were Jews inwardly, but not in the Apostles acception thereof, in the spirit, but in the letter, whose praise is not of men, but of God; but I mean such, who still retained the dregs of Judaism under the feigned profession of Christianity. Sure I am, King Edward at this time was so incensed against the Jewish Nation, that now he resolved the total and final extirpation of them, and theirs, out of his Dominions.
46. Many misdemeanors were laid to their charge, amongst which these following were the principal. First, Enchantments. This was an old sin of the Jews, whereof the Prophets always complained, the multitude of thy sorceries, and the great abundance of thine enchantments. And it seems they still retained their old wicked wont. Secondly, Poisoning. To give the Jews their due, this was none of their faults, whilst living in their own land, not meeting with the word in the whole Bible. It seems they learnt this sin after their disperson in other Nations, and since are grown exquisite in that art of wickedness. Thirdly, Clipping of money. Fourthly, Counterfeiting of Christians hands and seals. Fifthly, Extortion. A Jew occasioned a mutiny in London, by demanding from a poor Christian, above two shillings for the use of twenty shillings for one week, being (by proportion) no less then five hundred and twenty pounds per annum for every hundred. Sxthly, Crucifying of the children of Christians (to keep their hands in ure) always about Easter. So that the time pointed at their intents directly in derision of our Savior. How sufficiently these crimes were witnessed against them, I know not. In such cases weak proofs are of proof against rich offenders. We may well believe, if their persons were guilty of some of these faults, their estates were guilty of all the rest.
47. Now although it passeth for an uncontrolled truth, that the Jews were by the King violently cast out of the Land, yet a great Lawyer states the case much otherwise (viz.) that the King did not directly expel them, but only prohibit them to put money to use; which produced a petition from them to the King, that they might have leave to depart the Land; a request easily granted unto them: some will say it is all one in effect, whether one be starved or stabbed, death inevitably following from both, as here the Jews were famished, on the matter, out of England; usury being their meat and drink, without which they were unable longer to subsist: However this took off much from the Odium of the act, that they were not immediately, but only indirectly and consequentially banished the Realm, or rather permitted a free departure on their own petition for the same. As for the sad accident that some hundreds of them being purposely shipped out of a spiteful design, in a leaking vessel, were all drowned in the Sea, if true, it cannot but command compassion in any Christian heart.
48. It is hardly to be believed, what vast sums of wealth accrued to the King, by this (call it ejection, or amotion, or) decesion of the Jews. He allowed them only bare viaticum to bear their charges, and seised on all the rest of their estates. Insomuch, that now the King needed not to listen to the counsel of William Marsh, Bishop of Bath and wells, and Treasurer of England (but therein speaking more like a Treasurer then a Bishop) advising him, if in necessity, to take all the plate and money of Churches and Monasteries, therewith to pay his soldiers. The poor Jews durst not go into France (whence lately they had been solemnly banished) but generally disposed themselves in Germany, and Italy, especially in the Popes territories therein, where profit from Jews and Stews, much advance the constant revenues of his Holiness.
49. King Edward having done with the Jews, began with the Scots, and effectually humbled them, and their country. This the occasion. Two Competitors appearing for the Crown of Scotland, [John Bailiol, and Robert Bruce] and, both referring their title to King Edward 's decision, he adjudged the same to Bailiol, or rather to himself in Bailiol. For he enjoined him to do homage unto him, and that hereafter the Scottish Crown should be held in fealty of the English. Bailiol, or his necessity rather (his person being in King Edward 's power) accepted the condition, owning in England one above himself, that so he might be above all in Scotland. But, no sooner was he returned into his own Kingdom, and peaceably possessed thereof, but instantly in a Letter of defiance, he disclaimeth all former promises to King Edward, appealing to the Christian world, whether his own enforced obedience were more to be pitied, or King Edward 's insolence (improving itself on a Princes present extremitics) more to be condemned.