The church-history of Britain from the birth of Jesus Christ until the year M.DC.XLVIII endeavoured by Thomas Fuller.

CENT. XIII.* 1.1

TO M^r JOHN ROBINSON OF Milke-street in London, Merchant.* 2.1

DIVINES generally excuse the* 2.2 dumb man cured by CHRIST, for publishing the same, though contrary to his command. THEOPHYLACT goes farther in his Comment on the Text, 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉; Hence we are taught (saith He) to proclaim and spread the fame of our BENE∣FACTORS, though they themselves be unwilling. On which account I safely may, and justly must, pub∣lickly acknowledge your bountie to me.

1. HIs Christmas King John kept at Guilford,* 2.3 where he bestowed many new holiday-liveries on his Guard,* 2.4 and Hubert the Arch-Bishop,* 2.5 gave the like to his servants at Canterbury; who offended the King not a little, that the Mitre should Ape the Crown, and the Chaplain vie gallantry with his Patron. To make some amends, when the King and Queen, the Easter following, were Crowned at Canterbury; Hubert made them magnificent, yea, superfluous a 2.6 cheer. Yet his offence herein carried an excuse in it; and superfluity at that time seemed but needful to do penance for his former profuseness; and to shew that his Loyalty in entertaining of the King, should surpass his late

vanity, in ostentation of his wealth. However when King John had digested the Arch-Bishops dainty cheer,* 2.7 the memory of his servants coats still stuck in his stomach.* 2.8 Surely if Clergy-men had left all emulation, with the Laity, in outward pomp, and applied themselves onely to piety and painfulness in their calling, they had found as many to honour, as now they made to envy them.

2. But now we enter on one of the saddest Tragedies that ever was acted in England,* 2.9 occasioned by the Monks of Canterbury,* 2.10 after the decease of Hubert,* 2.11 about the election of a new Arch-Bishop. O that their Monkish controversies had been confined to a Cloyster, or else so enjoyned a single life, that their lo∣cal discords might never have begotten any National dissentions. Behold (saith the Apostle) how great a matter a little firea 2.12 kindleth, especially after a long drought, when every thing it meets is Tinder for it. All things at home, (besides forein concurrences) conspired to inflame the difference: King John rather stubborn then valiant, was unwilling to lose, yet unable to keep his right; the Nobility potent and factious; the Clergie looking at London, but rowing to Rome; carrying Italian hearts in English bodies: the Commons pressed with present grievances, generally desirous of change; conceiving any alte∣ration must be for their advantage, barely because an alteration, All im∣proved the discord so long, till Normandy was lost; England embroyl'd; the Crown thereof invassalled; the Kings person destroyed; his posterity en∣danger'd; Foreiners fetch'd in to insult, and Native Subjects made Slaves to their insolencies.

3. The yonger of the Monks of Canterbury,* 2.13 in the night time, without the Kings knowledg or consent, chose Reginald their sub-prior, to be Arch-Bishop. The Seniors of their Covent, solemnly, at a Canonical hour, with the approbation, yea commendation of the King, chose John Gray, Bishop of Norwich for the place; and both sides post to Rome for the Popes confirmation; he finding them violent in their wayes; to prevent further faction, advised them to pitch on a third man: Stephen Langton, born in England, but bred in France, lately Chancellor of the Vniversity of Paris, and sithence made Cardinal of S^t Chrysogone. Which expedient, or middle way, though carrying a plau∣sible pretence of peace, would by the consequence thereof improve the Popes power, by invading the undoubted priviledges of King John. The Monks so∣berly excused themselves, that they durst not proceed to an election without the Kings consent; but affrighted at last with the high threats of his Holiness, menacing them with Excommunication; Stephen Langton was chosen accor∣dingly: One that wanted not ability for the place, but rather had too much, as King John conceived, having his high spirit in suspition, that he would be hardly managed.

4. Then two Letters were dispatch'd from the Pope,* 2.14 to the King.* 2.15 The first had nothing of business,* 2.16 but complement, and four gold Rings with se∣veral stones; desiring him rather to minde the mysterie, then value the worth of the present; wherein the Round form signified Eternity, their Square Number, Constancy, the green Smaragd, Faith, the clear Saphir, Hope, the red Granat, Charity, the bright Topaz, good works; How pretious these stones were in themselves, is uncertain; most sure it is they proved Dear to King John, who might beshrow his own fingers, for ever wearing those Rings, and, as my * 2.17 Author saith, soon after, gemmae commutatae in gemitus. For in the second Letter, the Pope recommended Stephen Langton to the Kings acceptance, close∣ly couching threats in case he refused him.

5. King John returned an answer full of stomach and animosity,* 2.18 that this was an intolerable encroachment, on his Crown and Dignity, which he nei∣ther could nor would digest, to have a stranger, unknown unto him, bred in forrein parts, familiar with the French King his sworn enemy, obtruded up∣on him for an Arch-Bishop. He minded the Pope that he had plenty of Pre∣lates in the Kingdome of England, sufficiently provided in all kind of know∣ledge,

and that he need not to go abroad to seek for judgement and justice,* 2.19 intimating an intended defection from Rome,* 2.20 in case he was wronged. Other passages were in his letter, which deserved memory, had they bee•• as vigorously acted, as valiantly spoken. Whereas now, (because he fouly failed at last) judicious ears hearken to his words no otherwise, then to the empty brags of impotent anger, and the vain evaporations of his discontent∣ment. However, he began high, not onely banishing the Monks of Canter∣bury, for their contempt, out of his Kingdome, but also forbidding Stephen Langton, from once entring into England.

6. Hereupon Pope Innocent,* 2.21 the third, employed three Bishops, William of London, Eustace of Ely, and Mauger of Worcester, to give the King a serious ad∣monition, and upon his denial, or delaying, to receive Stephen Langton, for Arch-Bishop, to proceed to Interdict the Kingdome of all Ecclesiasticall service, saving Baptisme of Children, Confession, and the Eucharist, to the dying in case of necessity, which by them was performed accordingly. No sooner had they Interdicted the Kingdome; but with Joceline Bishop of Bath, and Giles of Hereford, they, as speedily, as secretly, got them out of the Land, like adventurous Empiricks, unwilling to wait the working of their desperate Physick: except any will compare them to fearfull Boyes, which at the first tryall set fire to their squibs, with their faces backwards, and make fast away from them: but the worst was, they must leave their lands, and considerable moveables in the kingdome behind them.

7. See now on a sudden the sad face of the English Church.* 2.22 A face without a tongue; no singing of service, no saying of Masse, no reading of Prayers; as for preaching of Sermons, the lazinesse, and ignorance of those times, had long before interdicted them: None need pity the living, (hear∣ing the impatient complaints of Lovers, for whose marriage no licence could be procured) when he looks on the dead,a 2.23 who were buried in ditches, like dogs, without any prayers said upon them. True, a well informed Christian knows full well, that a corps though cast in a bogge, shall not stick there at the day of judgement; thrown into a Wood, shall then finde out the way; buried by the high wayes side, is in the ready Road to the Resurrection. In a word, that wheresoever a body be put or plac'd, it will equally take the Alarum at the last Trumpet: Yet seeing these People beleeved that a Grave in consecrated ground, was a good step to Heaven, and were taught that pray∣ers after their death were essentaill to their Salvation, it must needs put strange fears into the heads and hearts, both of such which deceased, and their friends which survived them. And although afterwards at the intreaty of Stephen Langton, the Pope indulged to conventuallb 2.24 Churches to have Service once a Week: Yet Parish Churches, where the Peoples need was as much, and number far more, of souls, as dear in Gods sight, were debar'd of that benefit.

8. Some Priests were well pleased that the Interdiction for a time should continue,* 2.25 as which would render their persons and places in more reputati∣on, and procure a higher valuation of Holy mysteries. Yea, this fasting would be wholesome to some souls, who afterwards would feed on Divine Service with greater appetite. Hereby two Grand effects were generally produc'd in the Kingdom. One, a terrible impression made in mens mindes of the Popes Power, which they had often heard of, and now saw and felt, whose long arm could reach from Rome all over England, and lock the doors of all Churches there; an Emblem, that in like manner, he had, or might have bolted the Gates of Heaven against them. The second, an Alienation of the peoples hearts from King John, all being ready to complain; O cruell Tyrant over the souls of his Subjects, whose wilfulnesse depriveth them of the means of their sal∣vation.* 2.26

9. However, if things be well weighed, King John will appear meerly passive in this matter, suffering unjustly, because he would not willingly part

with his undoubted right. Besides, suppose him guilty, what equity was it, that so many thousands in England, who in this particular case, might better answer to the name of Innocent, then his Holinesse himself, should be involved in his punishment: God indeed sometimes most justly punisheth subjects, for the defaults of their Soveraignes; as in the case of the plague, destroying the people for Davids numbring of them. But it appears in thea 2.27 Text, that formerly they had been offenders, and guilty before God, as all men, at all times are. But seeing the English at this present, had not injured his Holi∣nesse, by any personall offence against him, the Pope by Interdicting the whole Realme, discovered as much emptinesse of Charity, as plenitude of Power. But some will say, his bounty is to be praised, that he permitted the People some Sacraments, who might have denied them all, in rigour, and with as much right; yea, 'tis well he Interdicted not Ireland also, as a Coun∣trey under King Johns Dominion deserving to smart, for the perversnesse of their Prince placed over it.

10. But after the continuance of this Interdiction,* 2.28 a year and upwards,* 2.29 the horrour thereof began to abate:* 2.30 Use made ease, and the weight was the lighter, born by many shoulders. Yea, the Pope perceived that King John would never be weary with his single share, in a generall Burden, and there∣fore proceeded Nominatim to excommunicate him. For now his Holinesse had his hand in, having about this time excommunicated Otho the German Emperour; and if the Imperiall Cedar, had so lately been blasted with his Thunderbolts, no wonder if the English Oak felt the same fire. He also Assoiled all English subjects from their Allegiance to King John, and gave not onely Licence, but Incouragement to any Forreigners to invade the land, so that it should not onely be no sinne in them, but an expiating of all their other sinnes to conquer England. Thus the Pope gave them a Title, and let their own swords by Knight-service get them a Tenure.

11. Five years did King John lie under this sentence of Excommunication,* 2.31 in which time we find him more fortunate in his Martiall Affairs,* 2.32 then either before or after.* 2.33 For he made a successefull voyage into Ireland, (as greedy a Grave for English Corps, as a bottomlesse Bag for their Coin) and was very triumphant in a Welsh Expedition, and stood on honourable termes in all Foraine Relations. For as he kept Ireland under his feet, and Wales under his elbow; so he shak't hands in fast friendship with Scotland, and kept France at arms end, without giving hitherto any considerable Advantage against him. The worst was, not daring to repose trust in his Subjects, he was for∣ced to entertain Forainers, which caused his constant anxiety; as those neither stand sure, nor go safe, who trust more to a staffe, then they lean on their legs. Besides, to pay these Mercenary Souldiers, he imposed unconscionable Taxes, both on the English, (Clergy especially) and Jews in the Kingdom. One Jew there was ofb 2.34 Bristoll, vehemently suspected for wealth, though there was no cleer Evidence thereof against him, of whom the King demanded ten thousand Marks of silver, and upon his refusall, com∣manded, that every day a Tooth, with intolerable torture should be drawn out of his head; which being done seven severall times, on the eight day he confessed his wealth, and payed the fine demanded; who yeelding sooner, had sav'd his teeth, or stubborn longer, had spar'd his money; now having both his Purse, and his Jaw empty by the Bargain. Condemn we here mans cruelty, and admire heavens justice; for all these summes extorted from the Jews, by temporall Kings, are but paying their Arrerages to God, for a debt they can never satisfie, namely the crucifying of Christ.

12. About the same time,* 2.35 one Peter of Wakefield in Yorkshire a Hermit,* 2.36 prophesied that John should be King of England,* 2.37 no longer then next Ascen∣sion-day, after which solemn Festivall (on which Christ mounted on his glo∣rious Throne, took possession of his heavenly Kingdom) this Oppose of Christ should no longer enjoy the English Diadem: And as some report, he

foretold that none of King Johns linage should after him be crowned in the Kingdom.* 2.38 The King called this Prophet ana 2.39 Idiot-Knave:* 2.40 which description of him implying a contradiction: the King thus reconciled, pardoning him as an Idiot, and punishing him as a Knave, with imprisonment in Kors-Castle. The fetters of the prophet gave wings to his prophesie, and whereas the Kings neglecting it, might have puft this vain Prediction into wind, men began now to suspect it of some solidity, because deserving a wise Princes notice and displeasure. Farre and neer it was dispersed over the whole Kingdom, it beingb 2.41 generally observed, that the English nation are most superstitious in beleeving such reports, which causeth them to be more common here then in other Countries. For as the Receiver makes the Thief, so popular credu∣lity occasioneth this Propheticall vanity, and Brokers would not set such base ware to sale, but because they are sure to light on chapmen.

13. Leave we the person of this Peter in a dark Dungeon,* 2.42 and his cre∣dit as yet in the Twilight,* 2.43 betwixt Prophet, and Impostor to behold the miserable condition of King John,* 2.44 perplexed with the daily preparation of the French Kings Invasion of England, assisted by many English Male-contents, and all the banish'd Bishops. Good Patriots, who rather then the fire of their Re∣venge should want fuel, would burn their own Countrey which bred them. Hereupon King John having his soul battered without, with forrain fears, and foundred within by the falsenesse of his Subjects, sunk on a sudden be∣neath himself, to an act of unworthy submission, and subjection to the Pope. For on Ascenision Eve, May 15. being in the town of Dover, (standing as it were on tip-toes, on the utmost edge, brink, and labell of that Land, which now he was about to surrender) King John by an Instrument, or Char∣ter, sealed and solemnly delivered in the presence of many Prelates and No∣bles, to Pandulphus the Popes Legat, granted to God, and the Church of Rome, the Apostles Peter and Paul, and to Pope Innocent the third, and his Succe∣ssours the whole Kingdom of England and Ireland. And took an Estate there∣of back again, yeelding and paying yeerly to the Church of Rome, (over and above the Peter-pence) a thousand Marks sterling, viz. 700. for England, and 300. for Ireland. In the passing hereof, this ceremony is observable, that the Kings Instrument to the Pope was* 2.45 sealed with a seal of Gold, and the Popes to the King (which I have beheld and perused, remaining amongst many rarities in the Earl of Arundels Library) was sealed with a seal of Lead. Such bargains let them look for, who barter with his Holinesse, al∣wayes to be losers by the contract. Thy silver (saith thec 2.46 Prophet) is become dross: and here was the change of Glaucus, and Diomedes made, as in the se∣quel of the History will appear.

14. Yet we find not that this Fee-farme of a thousand Marks was ever paid, either by K. John, or by his Successours, but that it is all runne 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 honour 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 kingdome. The truth is, he did scorn to take so poor a revenue per annum out of two kingdoms, but did rather endeavour 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,* 2.47 King John on his knees surrendred 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 hisd 2.48 feet. A gesture applauded by some, as shewing how much his Holinesse (whom he personated) slighted worldly wealth, caring as little for King Johns coin, as his Predecessour Sainte 2.49 Peter did for the money of

Simon Magus.* 2.50 Others,* 2.51 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 condemn'd his pride and hypocrisie, knowing Pandulphus to be a most greedy griper (as appeared by his unconsci∣onable oppression, in the Bishoprick of Norwich, which was afterwards be∣stowed upon him.) And perchance he trampled on it, not as being money, but because no greater summe thereof. Five dayes (namely Ascension-day, and four dayes after) Pandulphus kept the Crown in his possession, and then restored it to King John, again. A long eclipse of Royall lustre; and strange it is, that no bold Monk in his blundring Chronicles, did not adventure to place King Innocent, with his five dayes reigne, in the Catalogue of English Kings, seeing they have written what amounts to as much in this matter.

16. Now all the dispute was,* 2.52 whether Peter of Wakefield had acquitted himself a true prophet, or no: The Romiz'd faction were zealous in his be∣half; Iohn after that day not being King in the same sense, and Soveraignty as before; not free, but feodary; not absolute, but dependent on the Pope, whose Legate possess'd the Crown for the time being, so that his prediction was true, in that lawfull latitude justly allowed to all Prophesies. Others, because the King was neither naturally, nor civilly dead, condemn'd him of forgery; for which, by the Kings command, he was dragg'd at the horse-tail from Corf-Castle, and with his sonnea 2.53 hang'd in the Town of Wareham. A punishment not undeserved, if he foretold (as some report) that none of the line, or linage of King Iohn, should after be crowned in England; of whose off-spring 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 worne, nor any head there, which shall dare to wear it.

17. Next year the Interdiction was taken off of the Kingdom,* 2.54 and a generall Jubilee of joy all over the Land.* 2.55 Banish'd Bishops being restored to their Sees;* 2.56 Service, and Sacraments being administred in the Church as before. But, small reason had King Iohn to rejoyce, being come out of Gods Blessing, (of whom, before he immediately held the Crown) into the Warm Sunne, or rather, scorching-heat of the Popes protection, which proved little beneficiall unto him.

18. A brawl happened betwixt him,* 2.57 and the banished Bishops (now returned home) about satisfaction for their Arrears, and reparation of their damages, during the Interdiction; all which terme the King had retained their revenues in his hands. To moderate this matter, Nicolas, a Tusculane Cardinal and Legat, was imployed by the Pope: who after many meetings, and Synods to audit their Accounts, reduced all at last to the gross summe of fourty 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 crie of the rest of the Clergy, who stayed all the while in the Land, bringing in the Bills of their severall 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 re∣mained, untill all the accidentall damages were repaired. But Cardinall Nicolas averred them to amount to an incredible summe, impossible to bee paid, and unreasonable to be demanded; adding withall, that in generall 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 in∣considerable in a common calamity. Hereupon, and on some other occasi∣ons,

much grudging,* 2.58 and justling there was,* 2.59 betwixt Stephen, Arch-Bishop of Canterbury, and the Legat, as one in his judgement, and carriage, too propi∣tious, and partiall to the Kings cause.

19. The remnant of this Kings Reign,* 2.60 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 Henrie 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 Canterburie, 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 Armes against him, and called in Lewis Prince of France, son to Phi∣lip Augustus, to their assistance, promising him the Crown of England for his reward.

20. Yet the Pope endeavoured what lay in his power,* 2.61 to disswade Prince Lewis from his design,* 2.62 to which at first he encouraged him,* 2.63 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 pro∣mised 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 Clergie; the strength thereof, the Barons; the wealth of the same, the Londoners, to joyn with him: Who but ill requited King John, for his late bounty to their City, in first giving them aa 2.64 Mayor for their governour. 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 No∣bility opposing King John, now in protection of his Holiness. But the com∣monness 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,* 2.65 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 con∣dition he would send him succour, to hold the Kingdome of England as a vas∣sal from him, and to receive the Lawb 2.66 of Mahomet. The Moor, marvel∣lously offended with his offer, told the Embassadors, that he lately had read Pauls Epistles, which for the matter liked him very well, save onely that Paul once renounced that faith wherein he was born, and the Jewish profes∣sion. Wherefore he neglected King John, as devoid both of piety and poli∣cie, who would love his liberty, and disclaim his Religion. A strange ten∣der, if true. Here, whilest some alledg in behalf of King John, that cases of extremity excuse counsels of extremity (when liberty is not left to chuse what is best, but to snatch what is next, neglecting future safety for present sub∣sistence) we onely listen to the saying of Solomonc 2.67 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 suc∣cess) sought at last to escape those his enemies,* 2.68 whom he could not resist,* 2.69 by a far,* 2.70 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 spight 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 re∣warded the fidelity of that Town unto him, with bestowing on that Corpora∣tion

his owna 2.71 sword;* 2.72 which had he himself but known how well to manage,* 2.73 he had not so soon been brought into so sad a condition. He gave also to the same place a faire silver Cup all gilded. But few dayes after a worse Cup was presented to King John, at Swinshed Abbey in Lincoln-shire, by one Simon,b 2.74 a Monk, of poisoned wine, whereof the King died. A murther 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 deathc 2.75 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.d 2.76 Others ascribe his death to a looseness, and scouring with bloud; others to a cold sweat; others to a bur∣ning heat, all effects not inconsistent with poyson: so that they in some man∣ner may seem to set down the symptomes, and suppress his disease.

23. It is hard to give the true character of this Kings conditions.* 2.77 For, we onely behold him through such light, as the Friers his foes show him in: who so hold the candle, that with the shaddow thereof they darken his vir∣tues, and present onely his vices. Yea, and as if they had also poisoned his me∣mory, 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 murtherer of his Nephew Ar∣thur; a defiler of the wives and daughters of his Nobles; sacrilegious in the Church; profane in his discourse; wilful in his private resolutions; various in his publick promises; false in his faith to men, and wavering in his Reli∣gion to God. The favourablest expression of him falls from the pen of Roger Hoveden:

Princeps quidem magnus erat, sed minùs felix, At{que} ut Marius, utramque fortunam expertus.

Perchance he had been esteemed more pious, if more prosperous; it being an usual (though uncharitable) error, to account mischances to be misdeeds. But we leave him quietly buried in Worcester Church, and proceed in our storie.

24. Henry,* 2.78 the third of that name,* 2.79 his Son, succeeded him, being but ten years old, and was Crowned at Glocester, by a moiety of the Nobility and Clergie, 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,e 2.80 He was but a childe, and tender-hearted. But, what strength was wanting in the Ivie it self, was supplied by the Oaks, his supporters, his Tutors and Governours; first, William Mareshall, Earl of Pembroke, and af∣ter his death, Peter, Bishop of Winchester. But, of these two Protectors suc∣cessively, a sword-man, and a Church-man; the latter left the deeper im∣pression on this our King Henry, appearing more Religious then resolute; devout then valiant. His Reign was not onely long for continuance, fifty six years, but also thick for remarkable mutations happening therein.

25. Within little more then a twelvemonth,* 2.81 he recovered the entire possession of his Kingdom, many things concurring to expedite so great an al∣teration. First, the insolency of the French, disobliging the English by their cruelty, and wantonness. Secondly, the inconstancy of the English (if start∣ing loyalties return to its lawful Soveraign may be so termed) who, as for their own turns they call'd 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 pitty, as the Son of a suffering Father, Fourthly, the wisdom and valor;

counsel and courage of William Earl of Pembroke,* 2.82 his Protector; who,* 2.83 ha∣ving got the French Lewis out of his covert of the City of London, into the champion field, so maul'd him at the fatal battel of Lincoln, that soon after the said Lewis was fain, by the colour of a composition, to qualifie his re∣treat (not to say his flight) into the honour of a departure. Lastly, and chiefly, the Mercy of God to an injured Orphan, and his Justice that detain∣ed right, though late, yet at last, should return to its proper owner.

26. But it were not onely uncivil,* 2.84 but injurious for us to meddle with these matters, proper to the pens of the civil Historians. We shall therefore confine our selves principally to take notice in this Kings Reign, as of the un∣conscionable extortions of the Court of Rome, on the one side, to the detri∣ment of the King and Kingdom: so of the defence which the King, as well as he could, made against it. Defence, 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 priviledges, 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 over∣bashful of himself) to be the more busie in the collecting of money.* 2.85 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 En∣glish Clergie. Now, such as had weak heads, must finde strong backs; and those that led their lives loose, durst not carry their purses tied, or grudg 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 Henrie's weakness could not see, or his goodness would winke at his intolerable extortions; which, how great so∣ever, 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 Inquisi∣tors throughout England, collected a vast summe of money of the Clergie, for their misdemenours; Hugo Bishop of Lincoln, paying no less for his share, then a thousanda 2.86 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, chusing ra∣ther to be suck'd 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;* 2.87 I shall alter my proceedings, embracing a new course which hi∣therto I have not, nor hereafter shall venture upon. Wherein I hope the variation may be not onely pleasant, but profitable to the Reader, as scientifical and satisfactory in it self; namely, I will for the present leave off consulting with the large and numerous Printed or Manuscript Authors of that Age, and betake my self only to the Tower-Records, all authentical∣ly attested under the hands of William Ryley Norroy, keeper of that pre∣tious Treasury.

29. When I have first exemplified them,* 2.88 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 dis∣covery herein.

30. Onely I desire a pardon for the premising of this Touch of State-matters.* 2.89 At this instant the Common-wealth had a great serenity, as lately cleared from such active spirits, who nick-named the calme and quiet of Peace, a sloth of Government. Such Falcatius de Brent,

and others,* 2.90 who had merited much in setting this Henry the third on the Throne; and it is dangerous when Subjects conferr too great benefits on their Sovereigns;* 2.91 for afterwards their mindes are onely made capa∣ble 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 worne out with age, or ordered otherwise into Obedience, all things were in an universal tranquillity, within the first seven years of this Kings Reign.

THOMAE HANSON Amico meo.* 3.1* 3.2

DIsplicet mihi modernus Scribendi Mos, quo Monumenta indies exarantur. Literae enim sunt fugaces, ut quae non stabili manu penitus Membra∣nis infiguntur, sed currente Calamo summam ea∣rum Cuticulam vix leviter praestringunt. Hae cum saeculum unum & alterum duraverint, vel Linceis oculis lectu erunt perdifficiles.

Haud ita olim Archiva, in Turre Londinensi, Ro∣tulis, Scaccario, &c. deposita; in quibus ingens Scribarum cura, justa Membranarum firmitas, Atra∣mentum vere Aethiopicum, integra Literarum linea∣menta, 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 o∣mnes norunt Antiquitatis Caniciem venerari: Quo, in Ducatus Lancastrensis Chartulis custodiendis, ne∣mo fidelior, perlegendis, oculatior, communican∣dis, candidior.

HEre we begin with the Kings Precept to the Sheriff of Buckinghamshire,* 3.3 considerable for the Rarity thereof,* 3.4 though otherwise but a matter of private concernment.* 3.5

Vic. Bucks. Precipimus tibi quod Emme de Pink∣ney ux. Laur. Pinkney, qui excommunicatus est, eo quod predict. Emmam af∣fectione maritali non tra∣ctavit, eid. Emme ratio∣nabil. Estover. invenias, do∣nec idem Laur. Vir suus eam tanquam suam tracta∣verit.

To the high Sheriff of Bucking∣hamshire. We command you con∣cerning Emme de Pinkney, Wife of Laurence Pinkney, who is excom∣municated, because he did not use the foresaid Emme with Affection befitting a Husband; that you find for the said Emme Estover in rea∣sonable proportion, untill the said Laurence her Husband shall use her as becometh his Wife.

Of this Laurence Pinkney I can say nothing: onely I find his Family ancient, and

Barons ofa 3.6 Weedon in Northamptonshire.* 3.7 It seemeth strange he should be excom∣municated for not loving usage of his Wife,* 3.8 no Incontinencie appearing (pro∣ved against him:) except his carriage was Cruell in a high degree. By Estover, in our Forrest 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 learnedb 3.9 Lawyer hath observed. This it seems being denied by her husband, the King enjoyneth 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 Arch∣bishop of Dublin,* 3.10 and which deserveth the Readers serious perusall.* 3.11* 3.12

REXc 3.13 Dublin. Archiepiscopo, Justiciario Hiberniae, Salutem. Ad ea que vobis nuper nostris dedimus in Mandatis, ut nobis re∣scribertis 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 Antecesso∣ris, cui etiam coram eisdem Insticiariis objecta fuit Bastardia, pro∣pter 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 Anteces∣soris 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 diffinitived 3.14 Sententie procedere velle∣tis, comparuerunt due Puelle minoris etatis, filie Ricardi de la Feld, patris predicti Nicolai, & appellaverunt ne ad sententiam feren∣dam procederetis, quia hoc in manifestum earum verteretur pre∣judicium: Eo quod alias precluderetur eis via petendi heredita∣tem petitam, nec possit eis subveniri per restitutionem in inte∣grum. Unde de consilio vestrorum prudentum, ut dicitis, Appel∣lationi deferentes causam, secundum quod coram nobis agitata est, DOMINO PAPE transmisistis instructam. De quo pluri∣mum admirantes, non immerito movemur, cum de Legitimitate predicti Nicolai per restium productiones, & attestationum pub∣licationes, plene nobis constet; vos propter appellationem Puel∣larum predictarum, contra quas non agebatur, vel etiam de qui∣bus nulla fiebat mentio in assisa memorata, nec fuerunt alique partes illarum in causa predicta, sententiam diffinitivam pro eo distulstis pronunciare, & male quasi nostrum declinantes exa∣men, & volentes ut quod per nostram determinandum esset juris∣dictionem,

& dignitatem,* 3.15 ad alienam transferretur dignitatem;* 3.16 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; maxime 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 Testimonia∣libus ad Iusticiarios nostros remittere. De consilio igitur Magna∣tum & fidelium nobis assistentium, vobis mandamus firmiter in∣jungentes, quatenus non obstante appellatione praemissa, non differatis pro eo sentenciare, ipsum ad Iusticiarios nostros remit∣tentes, cum litteris vestris testimonialibus, ut eis de loquela post∣modum agitata, postmodum possint secundum legem & consue∣tudinem terrae nostrae Hiberniae Justiciae plenitudinem exhibere. Teste Rege apud Glocester 19. die Novembris.

3. The summe of this Instrument is this.* 3.17 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 Bastar∣dy objected against him. The clearing hereof was by the Kings Iudges remitted to the Courts Ecclesiasticall, where the said Nicholas produced effectuall proofs for his Legitimation. But upon the appeal of two minor-daughters of the Fa∣ther of the said Nicholas, who never before appeared, and who (if wronged) had their remedy at Common-Law, by a VVrit 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,* 3.18 that he did much admire thereat, and (though all Interests expresse themselves to their own advantage) intimates the Act not usuall. 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 injoyning the Arch-bishop (notwithstanding the a∣foresaid 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 forreign Power.

5. Indeed the Kings of England were so Crest-fallen,* 3.19 or rather Crown-fallen in this Age, that the forbidding of such an Appeal, appeareth in him a daring deed. Est aliquid prodire tenus; Essayes in such nature were remarkable, consi∣dering the inundation of the Papall Power. Green Leaves in the depth of VVinter, may be more then full Flowers from the same root in the Spring. It seems some Royall Sap still remained in the English Sceptre, that it durst op∣pose the Pope in so high a degree.

6. In this year 1235. the CAURSINES first came into England,* 3.20 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; dif∣fering little from the Iews, 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 instant∣ly 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,* 3.21 Thomas the Prior & the Con∣vent of Barnwell wish health in the Lord.* 3.22 Know that we have borrowed and received at London, for our selves, profitably to be expended for the Affaires of our Church, from Francisco and Gregorio, for them and their Partners, Citizens and Merchants of Millain, a hundred and four Marks of lawfull 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 throughly paid, at the time and place afore∣said, we bind our selves to pay to the foresaid Merchants, or any one of them, or their certain Atturney, for every ten Marks, forborn two months, one Mark of money for recompence of the Damages, which the foresaid Merchants may incur by the not-payment of the money unto them, so that both Principall, Damages, and Expences, as above ex∣pressed, 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 our selves, and our Church and Successours, and all our Goods, and the Goods of our Church, moveable or immoveable, Ecclesiasticall, or Temporall, 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 possesse and hold the same Goods from the said Merchants by way of Courtesy, untill the Premises be fully satisfied. And we renounce for our selves, and Successours, all help of CANON and CIVILL LAW, all Priviledges, and Clark-ship, the Epistle of S^t. Adrian, all Customes, Statutes, Lectures, Indulgences, Priviledges, obtained for the King of England, from the See Apostolick: as also we renounce the Benefit of all Appeales, or Inhibition from the King of England, with all other Ex∣ceptions real or Personal, which may be objected against the Validity of this Instrument. All these things we promise faithfully to observe: In witnesse whereof we have set to the Seal of our Convent. Dated at Lon∣don, die quinto Elphegi, in the year of Grace 1235.

Sure bind, sure find. Here were Cords enough to hold Sampson him∣self; an order taken they should never be cut or untîd, the Debtour de∣priving himself of any relief save by full payment.

7. It will not be amisse,* 3.23 to make some brief Notes on the former Obligation, it being better to write on it, then to be written in it, as the Debtour 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, where∣with Herod imprisoned S^t. Peter, from Ierusalem to Rome, where they are reported seen at this day, and a Solemn Festivall kept on the first of Au∣gust (the quarter-pay-day of Romes Revenues) in Momoriall thereof, But the Name of LAMMAS hath put out S^t. Peter's Chains in our En∣glish Almanack.

New Temple at London] in Fleet-street, founded by the Knights Templers, and dedicated by Heraclius Patriarch of Ierusalem 1185) Called New in relation to ancient Temple, (lesse and lesse convenient) they had formerly in Oldburn.

And our certain Atturney;] Nuncius in the Latine, being one im∣ployed to solicite their Suit.

All the Goods of our Church moveable and immoveable] Hence often∣times 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 here∣in, with which these CAURSINES,* 3.24 being Forrainers, would have no∣thing 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 favour 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 moneths; so soon did the Payment, or heavy Forfeiture in de∣fault thereof, return.

8. These CAURSINES were generally hated for their Extorsions.* 3.25 Some will have them called CAURSINES quasi CAUSA URSINI, so Bearish and cruell in their causes: others, CAURSINI quasi CORRASINI, from scraping all toge∣ther. But these are but barbarous Allusions, though best becoming such base practises.

9. Mean time the CAURSINES cared not what they were called,* 3.26 being a-kin to the cunning Creature, which faireth best when cursed, and were indeed Lords 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 Op∣pression: 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,* 3.27 from Lombardy the place of their Nativity, in Italy. And al∣though they deserted England on the decaying of the Pope's power and profit therein; yet a double memoriall remaineth of them. One of their Habitation, in Lumbard-street in London: the other of their Imployment, A LOMBARD unto this day signifying a Bank for Vsury, or Pawns, still continued in the Low-Countries and elsewhere.

11. Mean time one may lawfully smile at the Pope's Hypocrisy,* 3.28 forbidding Vsury 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,* 3.29 Cardinal,* 3.30 Deacon of S^t. Nicholas,* 3.31 was sent the Pope's Legate into England, and going toa 3.32 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 Ita∣lian, demanded their business: who answered him, that they came to wait on the Lord Legate; promising themselves a courteous Reception, having read in b 3.33 Scripture, A man's gift maketh room for him: though here contrary to ex∣pectation they were not received. Call it not Clownishness in the Porter (be∣cause bred in the Court of Rome;) but carefulnesse for the safety of his Master.

13. But whilst the Porter held the Doore in a dubious posture, betwixt open and shut. the Scholars forced their entrance. In this juncture of time, it un∣luckily happened that a poor Irish Priest begged an Almes, in whose face the Clark of the Kitchin cast scalding-water taken out of the Caldron. A Welsh Clerk beholding this, bent his Bow (by this time the Scholars had got VVeapons) and shot the Clark of the Kitchin stark dead on the place.

14. This Man thus killed,* 3.34 was much more then his plain place promised him to be, as no meaner then the Brother of the Legate himself; who being sus∣picious (O how jealous is guiltinesse!) 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

VVombe) to be sent to the same Grave with his Brother,* 3.35 secured himself fast locked up in the Tower of Osney Church,* 3.36 and there ••at still and quiet, all atti∣red in his Canonicall Cope.

15. But he, it seems,* 3.37 trusted not so much to his Canonicall 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 crosse 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 Vsurer, Simoniack, Deceiver of the Prince, Oppressour 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 entring the King's presence, his Tears and Sighs were fain to relieve his Tongue, not able otherwise to expresse his Mi∣series: whom the King did most affectionatly compassionate.

16. And now Woe to the poor Clergy of Oxford,* 3.38 when both temporall and spirituall Armes are prepared against them. Next day the King sent the Earle 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 VValling ford-prison, and other places of Restraint.

17. Nor was the Legate lazy the while,* 3.39 but summoning such Bishops as were nearest him, interdicted the Vniversity 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,* 3.40 lodging at Durham∣house 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 Vniversity of Oxford (as being the place wherein most of them had their Education.)* 3.41 They alledged it was Se∣cunda 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 Premisses,* 3.42 the Legate at last was over-intreated to pardon the Clergy of Oxford, on their solemn Submission; which was thus per∣formed. 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 Businesse, accompanying them, as partly accessary to their fault for pleading in their behalf. When they came to the Bishop of Carlile's (now VVorcester) 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 Carlile,* 3.43 minds me how, anciently, every Bishop (as all principall Abbots) had a House belonging to their See (commonly called their Inne) for them to lodge in when their occasions summoned them to London. Not to mention those which still retain their Names, as VVinchester, Durham, Ely, &c. We will only observe such, which are swallowed up into other Houses, conceiving it charitable to rescue their Memory from Oblivion.

House. Salisbury St. Davids Chichester Exeter Bath and Wells Landaf VVorcester Lichfi. & Convent. Carlile Norwich York Hereford

Place. Fleet-street North of Bride wel Chancery lane By Temple-bar Strand Strand Strand Strand Strand Strand VVestminster Old Fish-street hill

Built by Ralph Nevil, Bi∣shop of Chichester. Walter Stapleton, Bishop of Exeter. Walter Lancton, Bishop of Chester. Ralph de Mayden∣ction, Bp. of Heref.

Turned into Dorcet House Small Tenements Lincolns Inne Essex House Arundel House Somerset House Somerset House Somerset House VVorcester House York House VVhite-hall A Sugar-maker's House

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 our selvesa 3.44 everlasting habitations,* 3.45 seing 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 represse Papal oppression.

b 3.46 Rex dilecto sibi in Christo Archi∣diacono Glouc.* 3.47 Salutem.* 3.48 Significavi∣mus, & etiam viva voce exposuimus Magistro P. Rubeo, Nuncio Domi∣in Papae, quod non est intentionis no∣strae, nec etiam volumus aliquatenus sustinere, quod vel viros Relligiosos vel Clericum aliquem ad contributio∣nem faciendam ad opus Domini Papae compellant. Et ideo vobis mandamus inhibentes districte, ne ad mandatum ip sius Magistri Petri vel suorum, vi∣ros religiosos seu Clericos ad contribu∣tionem praedictam faciendam aliqua censura Ecclesiastica compellatis. Sci∣turi quod si secus egeritis, nos contra vos tanquam perturbatorem Pacis Ecclesiasticae, quam conservare tene∣mur, modis quibus expedire videri∣mus, procedemus. Teste Rege apud Glouc. 11. die Iunij.

The King to his beloved in Christ the Archdeacon of Glocester, 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 inten∣tion, nor will we any wayes endure it, that they shall compell Religious Men, or any Clerk, to make a contribution, to sup∣ply the occasions of the Lord the Pope. And therefore we command you, strict∣ly 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 Ecclesiasticall censures to make the aforesaid Contribution. Knowing that if you do otherwise, we shall proceed a∣gainst you, by means we shall think fit, as against the Disturber of the Peace of the Church, which we are bound to preserve. Witnesse the King at Glocester, the 11. of Iune.

By the way, a Nuncio differed from a Legate, almost as a Lieger from an extra∣ordinary 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 manna∣ging his money matters.* 3.49 Such as refused to pay his demands, were proceeded a∣gainst by Church Censures, suspension, excommunication, &c. The cunning Italian (to decline to odium) imploying the Archdeacons to denounce the same in their respective Iurisdictions. Yet this went under the notion of a voluntary

contribution,* 3.50 as free as fire from Flint, forced with Steel and strength out of it.* 3.51

24. Whereas the King counted himself bound to preserve the Peace of the Church,* 3.52 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,* 3.53 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 wholy hinder his grinding the faces of the Clergy. This Patent is dated from Glocester, more loved of King Henry then London it self, 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 En∣gland, * 3.54 I meet onely 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 Lyons in France. And because these are vestigia sola retrorsum, it will not be amisse 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 adon∣ques fuist a Lions, purconfirmer & ra∣tifer sa novelle Abbay a grand honor de liu a touz joues & fuist en la Courte le deniergne en quaresme quant len∣chaunce loffice del messe Laetare Ierusa∣lem al 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 flo∣retta 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 sim∣ple 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 Saincts piere ieo nay dout le mom meinteyner lapos soille donques lui dona ducent mariz per annum receiver sur Cantee saint Paule de Londres de ces deneires d'Engleterre pour son honor mainteyner de quen don∣na il reporta Bulles que enquore aurent en plomps, &c. en semblement odue mol∣tes dis aultres bulles confirmatione de sa novelle Abbay de Newham a pres quen jour il porta la rose ou florette en les armes.

It is as needless, as difficult, to translate this Bull verbatim, being of base, obso∣lete, and ill-pointed French; sufficeth it, that this is the summe thereof. The Pope used on the Lords day called, Lae∣tare Ierusalem, solemnly to bestow a consecrated Rose, on the most Honorable persons, present at Masse with his Ho∣linesse. Enquiry being made, the Rose was conferred on Sir Reginald Mohun, as the best extracted in the present Con∣gregation.

But seeing that Rose used alwayes to be given to Kings, Dukes, and Earles at least (the lowest form of Coronetted No∣bility in that Age) his Holinesse under∣standing the same Sir Reginald to be but a plain Knight Bachelour, created him the Earle of Est, that is, (saith this Bull) of Somerset; and for the better sup∣port of his Honour, 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 Apostolick, whereby he had the Priviledges to appoint publick Notaries, and to legitimate Bastards on some Conditions. King Henry the third was so far from excepting against this Act, that he highly honoured him. And yet Master Camden, sometimesa 3.55 ac∣knowledgeth, sometimes deniethb 3.56 him for an English Earle. Not that I accuse him as inconstant to himself, but suspect my self not well attaining his mean∣ing therein.

27. Now though the said Sir Reginald did modestly decline the Pope's Ho∣nour 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 adde herein, save that the ancient Armes 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 Crosse, in the Atchievements in the Holy land, born at this day by the true∣ly honourable the Lord Mohun, Baron of Oakehampton, as descended from this Family.

28. This year died Robert Grouthead,* 3.57 Bishop of Lincoln,* 3.58 born at Stodebrook in Suffolk,* 3.59 Natalibus pudendis saith myc 3.60 Authour, of Shamefull extraction, inti∣mating 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 Braines to fill it: bred for a time in Oxford, then in France: a great and generall 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,* 3.61 that the Ecclesiasticall Revenues of Italians in England (whereof many were Boyes, more Blockheads, all Aliens) amounted per annum unto threescore and ten thousand Marks: whereas the Kings Income at the same time was hardlyd 3.62 twenty thousand. Bishop Grouthead offended thereat, wrote Pope Innocent the fourth such a Iuniper Letter, taxing him with extortion, and, other vitious practices, that his Holiness brake out into this expression; VVhat meaneth this doting old man, surdus & absurdus, thus boldly to controll our actions? By Peter and Paul, did not our innate ingenuity restrain us, I would confound him, and make him a prodigie 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,* 3.63 Aegidius a Spanish Cardinall thus inter∣posed his gravitie. It is not expedient, my Lord, to use any harshness to this Bishop. We must confesse the truths which he saith. He is a holy man, of a more Religious life then any of us, yea Christendome hath not his equall; a great Philosopher, skil∣led in Latine 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,* 3.64 and Grouthead escaped for the pre∣sent: though Bale reporteth that he died excommunicate and deprived of his Bishoprick. Popishe 3.65 Authours 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 successours would not Canonize this Robert, who notwithstanding was a Saint, though not in the Popes, yet in the peoples Calendar, many miracles being ascribed unto him; and particularly,f 3.66 that a sweet oyl after his death issued out of his monument: which if false in the litterall, may be true in a mysticall meaning, Solomon observing that a good name is as oyntment poured out.

32. England began now to ••urfet of more then thirty yeares Peace and Plenty, which produced no better effects then ingratitude to God, and murmur∣ing at their King. Many active spirits, whose minds were above their means, of∣fended that others beneath them (as they thought) in Merit, were above them

in Employment,* 3.67 cavilled at many errours in the Kings Government,* 3.68 being State-Donatists, maintaining, the perfection of a Commonwealth might, and ought to be attained. A thing easie in the Theory, impossible in the Practice, to conform the actions of mens corrupted natures to the exact Ideas in mens Imaginations.

33. Indeed they had too much matter whereon justly to ground their Discontents:* 3.69 partly because the King (distrusting his Natives) imployed 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 Full∣age then when in his Non-age, as guided then by the best counsell) and forcing his Subjects to take out new ones on what Terms his Officers pleased. In a word, ana 3.70 Authour then living complaineth, that Iustice 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 per∣sons were chosen by Parliament to have the supreme inspection of the Land:* 3.71 which soon after (to make them the more cordiall) passed a decoction, and were reduced to three, and they three in effect contracted to one, Simon Mountfort, Earle 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,* 3.72 absolving the King from that Oath, as unreasonable in it self, and forced upon him. His Holinesse was well paid for this great favour; the King hereafter conniving at his Horse-Leeches (Legates and Nuncioes) sucking the bloud 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 other∣whiles comply with the Popes extortion. Thus alwayes the Popes Curtesies are very dear; and the Storm it self 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,* 3.73 having pawn'd his Iewels, mortgag'd all his Land in France, and sold much of it in England, want∣ing where withall to subsist, lived on Abbeys and Prioreys; till his often com∣ing and long staying there made what was welcome at the first, quickly to be∣come wearisome Though a Royall Guest, with often coming, his Royalty made not his Guestship the more accepted, but the notion of a Guest rendred his Royal∣ty the lesse to be esteemed. Indeed his visits of Abbeys at first did wear the coun∣tenance 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 Civill Warrs in England,* 3.74 with various success, sometimes the King, and sometimes the Barons getting the better: till at last an indifferent Peace was concluded for their mutuall good, as in the Histo∣rians of the Common-wealth doth plentifully appear.

38. The later part of the reigne of King Henry was not onely eminent in it self,* 3.75 but might be exemplary to others. He reformed first his own naturall errours, then the disorders in his Court, the Expence whereof he measured by the just rule of his proper Revenue. The rigour and corruption of his Iudges he examined, and redressed by strict commission, filled the seats of Iudge∣ment and Counsell with men nobly born, sate himself daily in Counsell, and disposed affairs of most weight in his own person.

39. And now the Charta Magna was very strictly observed,* 3.76 being made in the ninth year of this Kings reign, but the practice thereof much interrupted

and disturbed with Civill 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 bloud and valour of our Auncestours from Tyrannicall incroachment, gi∣ving the due bounds to Prerogative and Propriety, that neither should mutual∣ly intrench on the others, lawfull Priviledges. And although some high Royal∣lists 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 tyed themselves most conscien∣tiously to the observation thereof.

40. Two Colledges in Oxford were founded in the Reign of this King:* 3.77 One, Bailiol Colledge,* 3.78 by Iohn Bailiol (and Dervorguill his Lady) of Bernads Castle in the Bishoprick of Durham,* 3.79 banisht into England, and Father of Bailiol King of Scotland. Wonder not that an Exile should build a Colledge, Charity being oftentimes most active in the afflicted, willingly giving to others a little of that little they have: witness the Macedonians, whose deepa 3.80 poverty abounded to the riches of their Liberality.

41. True it is,* 3.81 the ancient revenues of this Colledge were not great, allow∣ing butb 3.82 eight pence a week for every Scholar therein of his Foundation (whereas Merion Colledge had twelve pence:) and yet, asc 3.83 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 Summe, enough to make us suspect, that at this day they enjoy not all the Originall 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 Iames, (when the Marches of two King∣domes were newly made the middle of one Monarchy) for the restitution of those Lands detained from them in the Civil Warres 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 Iames, but the infeacibility of the thing they petitioned for to be done with justice, gave the denyall to their Petition.

43. Being to present the Reader with the Catalogues of this,* 3.84 and other worthy Foundations in Oxford, I am sorry that I can onely build bare Walls, (erect empty Columns) and not fill them with any furniture: which the inge∣nuous Reader I trust will pardon, when he considers, first, that I am no Oxford∣man; secondly, that Oxford is not that Oxford, wherewith ten years since I was ac∣quainted. Wherefore I humbly request the Antiquaries of their respective Foun∣dations (best skill'd in their own worthy Natives) to insert their own observati∣ons: 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 pub∣lick thanks, and the world the benefit of their contribution to my endeavours.

44. The Catalogue of Masters we have taken with an implicite faith,* 3.85 out of M^r. Brian Twine (who may be presumed knowing in that subject) untill the year 1608. where his work doth determine. (Since which time we have supplyed them as well as we may, though too often at a losse 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,* 3.86 whose judicious paines are so beneficiall 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,* 3.87 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,* 3.88 and the last Edition of Iohn Speed his Chronicle.* 3.89

47. The column of learned Writers I have endeavoured to extract out of Bale and Pitts.* 3.90 Whereof the later being a member of this University, was no lesse diligent then able to advance the Honour thereof.

48. Let none suspect that I will enrich my Mother,* 3.91 by rebbing my Aunt. For besides that Cambridge is so conscientious, she will not be accessary to my Felony by receiving stollen goods;

Tros, Tyriusque mihi nullo discrimine habetur; A Trojan whether he Or a Tyrian be. All is the same to me.

It matters not whether of Cambridge or Oxford, so God hath the Glory, the Church and State the Benefit of their learned endeavours.

49. However,* 3.92 I am sensible of many defects, and know that they may be supplied by the endeavours 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 Colledges must be more accurate in the par∣ticularities of their own Foundations, then the exactest Historian who shall write a generall description thereof.

Masters. Io. Fodering hay Robert Twaits Io. Abdy Io. Wickleffe Rob. Burley Ric. Burningham Will. White Geo. Cootes Will. VVright Fran. Babington Rich. Stubbs Ia. Gloucester Anth. Garnet Rob. Hooper Ia. Brookes Io. Piers Adam Squier Edm. Lilly Rob. Abbots Doct. Parkhurst Doct. Laurence Doct. Savadge

Bishops. Roger VVhelp∣dale, Fellow, Bi∣shop of Carlile. Geor. Nevill, Chancellour of the University at twenty yeares of Age, afterwards Arch-bishop of York, and Chan∣cellour of Engl. VVill. Gray, Bi∣shop of Ely. Io. Bell, Bishop of VVorcester. Ioh. Piers, Arch∣bishop of York. Rob. Abbots, Bishop of Salis∣bury. Geo. Abbot, Fel∣low, Arch-bishop of Canterbury.

Benefactours Philip Somer∣vile, & Marg. his wife. Ella de Long-Spee, Countesse of Salisbury. Rich. de Hums∣nigore. L. VVill. Fen∣ton. Hugh de Vien∣na, Knight. Iohn Bell, Bi∣shop of VVorce∣ster. VVil. Hammond, of Gilford, Esq. Peter Blundill, of Teverton. L. Eliz. Periam, of the County of Buck. Tho. Tisdale, of Glymton, Com. Oxon. Esquire. Mary Dunch. Iohn Brown.

Learned Writ. Io. Duns Scotus, first of this, then of Merton Col∣ledge. Humfrey Duke of Glocester, com∣monly called the good. VVill. VValton, Fellow, Chancel∣lour of the Vniver∣sity. Tho. Gascoign, Fellow, Chancel∣lour of the Vniver∣sity. a 3.93 Iohn Tiptoft, Earle of VVorce∣ster. Rob. Abbots.

That Iohn VVickleffe here mentioned may be the great VVickleffe; though others justly suspect him not the same, because too ancient, if this Catalogue be compleat, to be the fourth Master of this House, except they were incre∣dibly 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, late∣ly made up one hundred thirty and six.

50. Nor must we forget that (besides others) two eminent Iudges of our Land were both Contemporaries and Students in this Foundation;* 3.94 the Lord chief Baron Davenport, and the Lord Thomas Coventry, Lord Chan∣cellour of England, (whose Father also, a Iudge, was a Student herein) So that two great Oracles, both of Law and Equity, had here their Education.

51. The other was Vniversity Colledge:* 3.95 whereof I find different Dates, and the founding thereof ascribed to severall Persons.

Founder. 1 King Alfred. 2 VVilliam de Sto. Ca∣rilefo, Bishop of Dur∣ham. 3 VVilliam, Bishop of Durham, though none at this time of the name. 4 VVilliam, Arch-dea∣con of Durham, whom others confi∣dently call VValter.

Time. Anno 882. 1081. the 12. of King VVilliam the Con∣querour. 1217. in the first of Henry the 3. uncertain.

Author. 1 Vniversall Tradition. 2 Stow in his Chronicle Page 1061. to whom Pitz consenteth. 3 Iohn Speed, in his Hi∣story, pag. 817. 4 Camd. Brit. in Oxford∣shire.

I dare interpose nothing in such great differences, onely observe that Master Camden (no lesse skilfull a Herald in ordering the antiquity of Houses, then martialling the precedency of men) makes Vniversity the third in order after Merton Colledge: which makes me believe the founding thereof not so ancient as here it is inserted.

Masters. 1 Roger Caldwell 2 Richard Witton 3 M. Rokleborough 4 Ranulph Hamsterley 5 Leonard Hutchinson 6 Iohn Craffurth 7 Richard Salvaine 8 George Ellison 9 Anthony Salvaine 10 Iames Dugdale 11 Thomas Key 12 William Iames 13 Anthony Gates 14 George Abbot 15 Iohn Bancroft 16 VValker 17 Hoile 18

Bishops. St. Edmond Archb. of Cant. ...

George Ab∣bot, Arch. of Cant. Iohn Ban∣croft, Bi∣shop of Oxford.

Benefactours. VValer Shirlow, Archdeacon of Durham, 3 Fellowsh. Henry Percey, Earle of North∣umberland, 3 Fellowsh. R. Dudley Earle of Leicester, 2 Exhibitions each 20. pou. per Annum. Iohn Freistone 2 Exhibitions, 20. pounds in all per Annum. Gunsley, 2 Exhibitions. Mistris Payn, 1 Exhibition, 8 pounds. Mr. Aston. ...

Sir Simon Bennet, who hath bequeathed good lands (after the decease of his Lady) to en∣crease the Fellows and Scho∣lars. Mr. Charles Greenwood, some∣times Fellow of this Colledge, and Proctour to the Vniversi∣ty, gave a thousand pounds to the building thereof.

Learn. Writ. Some cha∣ritable and a∣ble Antiqua∣ry fill up this vacuity.

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,* 3.96 at this time Oxford flourished with multitude of Students; King Henry conferring large favours upon them, and this amongst the rest. That no Iewsa 3.97 living at Oxford should receive of Scholars above two-pence a week in∣terest for the loan of twenty shillings, that is eight shillings eight-pence for the in∣terest of a pound in the year. Hereby we may guesse how miserably poor peo∣ple in other places were oppressed by the Iews, where no restraint did limite their Usury; so that the Interest amounted to the half of the Principall.

53. Secondly,* 3.98 whereas it was complained of, That Iustice was obstructed, and Malefactours protected by the Citizens of Oxford, who being partiall to their own Corporation, connived at offenders who had done mischiefs to the Scholars: The King ordered, that hereafter, not onely the Citizens of Oxford, but also any Officers in the Vicinage should be imployed in the apprehending of such who offered any wrong to the Students in the University.

54. Lastly,* 3.99 he enjoyned the Bailiffs of Oxford solemnly to acquaint the Chancellour thereof, of those times when Bread and other Victualls were weighed and prized. But in case the Chancellour 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,* 3.100 sent to the King in the vacancy (as it seems) of their Bishoprick; though dislocated, and some yeares set back in the date thereof.

Pat. 33. H. 3. M. 3.

Universis Christi fidelibus ad quos presens scriptum pervenerit,* 4.1 Decanus & Capitu∣lum de Sancto Asapho salutem in Domino. Con∣suetudini 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; protesta∣mur & recognoscimus, nos, quotiens Ecclesia nostra Pastore vacaverit, ab illustri Domino Rege Angl. & Heredibus suis debere reveren∣ter petere licentiam eligendi, & post electio∣nem factam assensum eorum requirere. Et ne super hoc futuris temporibus dubitetur, pre∣senti 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 wholy on the Kings pleasure in the choice of the next Elect: so that now Cathedralls be∣gan to learn good manners. Notwithstanding the Pope usually obtruded whom he pleased upon them. Say not that S^t. Asaph was an inconsiderable Cathedrall, being at great Distance & of small Revenue, which might make them more offi∣cious to comply with the King: seeing the poorest oft times prove the proudest, and peevishest to their Superiours. But although this qualm of Loyalty took this Church for the present, we must confesse 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 Appro∣bation.

56. Two eminent Arch-bishops of Canterbury successively filled that See,* 4.2 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. Mya 4.3 Authour makes him educated in Vniversity Colledge in Oxford, a great Scholar, and lover of learned men, refusing to consecrate Richard VVendover Bishop of Rochester, because of his want of Sufficiency for such a Function: here∣upon he incurred the displeasure of Otho the Popes Legate siding with VVen∣dover (requiring no other Qualification save Money to make a Bishop) & was inforced 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 boldnesse to tell the Pope of his Extortion;* 4.4 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 in∣to 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 Custome) was Sainted by Pope Innocent the fourth: Whose Body Lewes the fourth King of France solemnly removed, and sumptuously inshrined.

58. The other,* 4.5 Boniface by name, was onely eminent on the account of his high Extraction, as Uncle to the Queen, and son of Peter Earle of Savoy; a hor∣rible scraper of money, generally hated, insomuch that he went his Visitation, having a Corslet on under his Episcopall 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 Po∣sterity for paying two and twenty thousand Marks debt of his See (which

his Predecessours had contracted:) for building a fair Hall at Canterbury, and a stately Hospitall at Maidstone, which it seems was indited 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.* 4.6 III.* 4.7

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 there∣in he committed some great errour, and discovered gross ignorance. I presume you Lawyers are better Divines, then we Divines are Lawyers; because indeed greater your concernment in your pretious soules, then ours in our poor estates. Having therefore just cause to suspect my own judgement in this Section, wherein so much of Law, I submit all to your Judgment to add, alter, expunge at pleasure; that if my weak endeavours shall appear wor∣thy of a second Impression, they may come forth cor∣rected with your Emendations.

1. QUiet King Henry the third,* 4.8 our English Ne∣stor (not for depth of brains,* 4.9 but lenghth of life) as who Reigned fifty six years,* 4.10 in which terme he buried all his Contemporary Princes in Chri∣stendom twice over. All the moneths in a year may in a manner be carved out of an April-day, Hot, cold, dry, moist, fair, soule weather, being oft presented therein. Such the character of this Kings life, certain onely in uncertainty. Sorrowful, successful, in plenty, in penury, in wealth, in want, Conquered, Conquerour.

2. Yet the Sun of his life did not set in a Cloud,* 4.11 but went down in full lustre; 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 dayes in a necessary act of justice,* 4.12 severely punishing some Citizens of Nor∣wich, * 4.13 for burning and pillaging the Priory therein. His corps were buried at Westminster, Church, (founded and almost, finished, by him) with great so∣lemnity, though Prince Edward his Son, as beyond the Seas was not present there at.* 4.14

3. There cannot be a greater Temptation to Ambition to usurpe a Crown,* 4.15 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 for∣mer 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 po∣litickly 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, pa∣ved the way to Prince Edward his peaceable entrance without any oppo∣sition.

4. King Edward was a most worthy Prince,* 4.16 coming off with honour in all his atchievements against Turke, and Pope, and Jews, and Scots, and against whomsoever he encountred. 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. Onely I will add, that this Forein expedition was politickly 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, whilest they have either Bull or Bear before them to bait; the common foe imploying that fury, which otherwise would be active against those of their own kinde. This diversion of the English souldiery, 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,* 4.17 improving himself on the late tumu••tuous times, and the easiness of King Henry his nature, in∣somuch that within these last seven years ex plenitudine, (or rather ex abundan∣tia & superfluitate) potestatis, he had put in two Arch-Bishops of Canterbury, Robert Kilwarby, and John Peccam, against the mindes 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 Colledges in Christendom.

6. For in this year Walter de Merton,* 4.18 Bishop of Rochester and Chancellour of England,* 4.19 finished the Colledge of his own name in Oxford.* 4.20 This Walter was born at Merton in Surrey, and at Maldon in that County had built a Colledg, which on second thoughts (by Gods counsel no doubt) he removed to Ox∣ford, as it seems for the more security; now if the Barons Wars, then (some

fifteen years since) in height,* 4.21 and heat,* 4.22 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 Colledg had been swept away, as Rubbish of superstition, at the Dissolution of Abbies.

7. Amongst the many Manors which the firsta 4.23 Founder bestowed on this Colledge,* 4.24 one lay in the Parish of S^t. Peters and West suburbe of Cambridge, be∣yond the Bridg, anciently called Pythagoras house, since Merton Hall. To this belongeth much good Land thereabout (as also the Mills at Grantchester men∣tioned in Chaucer) those of Merton Colledg keeping yearly a Court Baron here. Afterwards King Henry the sixth took away (for what default I finde not) this Manor from them, and bestowed it upon his own Foundation of Kingsb 4.25 Colledg in Cambridge. But his successor, Edward the fourth, restored it to Merton Colledg 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 ge∣nerally known, or doth publickly appear.

8. S^t Henry Savill the most learned Warden of this Colledg,* 4.26 three hundred and more years after Mertons death, plucked down his old Tombe 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 inscri∣ption in Prose, this Epitaph was engraven.

Magne senex titulis, Musarum sede sacrata Major, Mertonidum maxime progenie Haec tibi gratantes post saecula sera nepotes. En votiva locant marmora sancte Parens.

And indeed malice it self cannot deny, that this Colledg (or little Vniversity rather) doth equal, if not exceed any one Foundation in Christendom, for the Famous men bred therein, as by the following Catalogue will appear.

Wardens. 1. Pet. Abyngdon. 2. Rich. Warbisdon. 3. Jo. de la More. 4. Jo. Wantinge. 5. Rob. Trenge. 6. Gul. Durant. 7. Jo. Bloxham. 8. Jo. Wendover. 9. Ed. Beckingham. 10. Tho. Rodburne. 11. Rob. Gylbert. 12. Hen. Abingdon. 13. Elias Holcot. 14. Hen. Sever. 15. Jo. Gygur. 16. Ric. Fitz-James. 17. Tho. Harper. 18. Rich. Rawlins. 19. Rowl. Philips. 20. Jo. Chamber. ...

21. Hen. Tindal. 22. Tho. Raynolds. 23. Jac. Gervase. 24. Jo. Man. 25. Tho. Bickley. 26. HEN. SAVILL. 27. St Nathaneel Brent. 28. Dr Goddard.

Bishops. Rob. Winchelsey, Arch-Bishop of Canterbury, Ann. 1294. Simon Mepham, Arch-Bishop of Cantebury, Ann. 1327. Simon Isslip, Arch-Bishop of Can∣terbury, Anno 1349. John Kemp, Arch-Bishop of Can∣terbury, Anno 1462. Ralph Baldock, Bi∣shop of London, Anno 1305. ...

Henry Gower, Bi∣shop of Sr Da∣vids, Ann. 1328. William Read, Bi∣shop of Chiche∣ster, Ann. 1369. Robert Gilbert, Bi∣shop of London, Anno 1435. Thomas Rodebrun, Bishop of St Da∣vids, Ann. 1440. ...John* 4.27 Chadworth, Bishop of Lin∣coln, Ann. 1452. John Marshal Bi∣shop of Landast, Anno 1478. Rich. Fitz-James, Bishop of Lon∣don, Ann. 1500. William, Siveyer, Bi∣shop of Dur∣ham, Ann. 1502. Richard Raulins, Bishop of St Da∣vids, Ann. 1523. John Parkehurst, Bi∣shop of Nor∣wich, Ann. 1560. Thomas Bickley, Bi∣shop of Chiche∣ster, Ann. 1585. George Carleton, Bishop of Chi∣chester. 1626.

Benefactors. John Williot (bred in this Col.) D. D. & Chan∣cellour of Ox∣ford, founded the Portionists Hall, and exhi∣bitions. Will. Read (an ex∣cellent Mathe∣matician) built the Library. Thomas Rudburne, Warden, built the Tower over the Gate. Richard Fitz-James, Warden, built the War∣dens Lodgings. ...

... Henry Abingdon, Warden, gave Bells to the Church. Richard Rawlins wainscoted the inside, and co∣vered the roof thereof with Lead. ... Thomas Leach. Sr THO. BODLEY. Dr Wilson. Mr John Chambers, sometime Fel∣low of Eaton. Doctor Jervice. Doctor Jesop. Sr HEN. SAVIL.

Learned Writers. 1. ROGER BACON a famous Phy∣sitian. 2. JOHN DUNCE Scotus. 3. WALTER BUR∣LEY. 4. WILLIAM OCHAM. 5. THO. BRADWAR∣DINE, Arch-Bi∣shop of Canter∣bury. 6. John Gatisden. 7. Dumbleton. 8. Nicholas Gor∣rham. 9. William Grysant, Father to Gri∣moald Grysant, ...

Pope by the name of Urbane the fift. 11. Roger Switzet. 12. JOHN WICLEP. Henry Caffe, an a∣ble Scholar, but unfortunate. Sr THO. BODLEY, who built Ox∣ford Library. Sr HEN. SAVIE. Sr Isaac Wake Uni∣versity Orator, and Embassa∣dour to Venice. Henry Mason, who worthily wrote De Ministerio Anglicano. John Greaves, an excellent Ma∣thematician. Dr Peter Turner, active in com∣posing the new Statutes of the University.

* 4.28 I purposely Omit such as still, (and may they long) survive, whereof some (as D^r Edward Reynolds, D^r John Earles, 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-kinde, his Treasury of Learning; nor can conceive, that onely a Sermon (owned under his name) can satisfie the just expectation from him, of the Church and Common-wealth.

* 4.29 There is a By-Foundation of Postmasters in this House, (a kinde of Colledg in the Colledg) and this Tradition goeth of their Original. Anciently there was over against Merton Colledg, a small un-endowed Hall, whose Scholars

had so run in arrears, that their opposite neighbours, out of charity took them into their Colledg, (then but nine in number) to wait on the Fellows. But since they are freed from any attendance and endowed with plentiful mainte∣nance, 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 honoured, in that Bishop Jewel was a postmaster be∣fore removed hence, to be Fellow of Corpus Christs Colledg. We take our farewell of this House, when we have told it consisted lately (viz. 1635.) of one Warden, twenty one Fellows, fourteena 4.30 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,* 4.31 grown so exorbitant in England. A principall part whereof consisted in the multitude of Monasteries, daylie increasing in wealth, and all at the Popes absolute devotion. If posterity had continued at this rate, to build and endow Reli∣gious 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 Souldiers to fight the Kings battels? Seamen to steer his ships? Husbandmen to plough the Kings land? or rather any land of his to be ploughed by husbandmen?

10. Besides,* 4.32 though these Friers had a living-hand, to take and receive from any; they had Mortmaine, a dead-hand, to restore and return any pro∣fit to the King again. Yea, such alienation of lands in Mortmaine, setled on Monasteries (which as Corporations neither married nor died) afforded nei∣ther Wards, Marriages, Reliefs, nor Knights-service, for the defence of the Realm; in a word, enriched their private coffers, impoverished the publick Exchequer, It was not therefore such a dead band, which could feed so many living mouthes, as the King for his state and safety must maintain. Wherefore for the future he restrain'd such unlimited Donatives to Religious Houses.

11. Ignorance makes many men mistake meer transcripts for Originals.* 4.33 So here, the short-fighted vulgar sort, beheld the Kings Act herein as new, strange, and unprecedented, whereas indeed former times, and forein Prin∣ces had done the like on the same occasion. First, we finde some counte∣nance for it ina 4.34 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 favourable to the Clergie) made a Law of A Mortisation or Mortmain, to moderate peo∣ples bounty to the Church. Yet a great Father, Jerome by name, much dis∣liked 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 Monkes are barred by Law thus to do; and that not by Persecutors, but by Chri∣stian 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.b 4.35 S^t Ambrose likewise expresseth much anger on the same occasion, out of his general zeal for the Churches good.* 4.36 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 dayes, to an ell (by peoples 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 mens liberality,* 4.37 were lately made in Spain and France, and now at last followed by King Edward, according to the tenour ensuing;

WHere of late it was provided,* 4.38 that religious men should not enter into the fees of any without licence and will of the chief Lords of whom such fees be holden immediately:* 4.39 And notwithstanding such religious men have en∣tered as well into their own sees, as in the fees of other men, appropry∣ing 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 begin∣ginning were provided for defence of the Realme, are wrongfully without own, and the chief Lords 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 Councel, have provided, made, and ordained, That no person, Religious or other, what∣soever he be, that will buy or sell any Lands or Tenements, or under the colour 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 ap∣propriat 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 Lords 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 with∣in 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 Lords of such Fees being of full age, within the four Seas, and out of prison, be negligent or slack in this behalf, we imme∣diately 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 defence of our Realm, saving to the chief Lords of the same Fees, their Wardes and Escheats, and other Services thereunto due and accustomed. And there∣fore we command you, that ye cause the foresaid Statute to be read before you, and from henceforth to be kept firmly and observed.

Witness my self at Westminster, &c.

Date we from this day, the achme or vertical height of Abbeys, which hencefor∣ward began to stand still, & at last to decline. Formerly it was Endow Monaste∣ries who would, hereafter, who could, having first obtained licence from the King. Yet this Law did not ruine, 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 shew 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 licence, and process thereupon made, by an Inquest, ad quod damnum, or, (in case that cannot be shewed) by making a convenient Fine for the same.

* 4.40

14. The late mention of the Prelates advise, in passing a Law so malefi∣cial unto them, giveth me just occasion to name some, the principal persons of the Clergie, present thereat; namely,

1. John Peckam, Arch-Bishop of Canterbury, a stout man. He after∣wards excommunicated the Prince of Wales, because he went a long journey to perswade him to peace with England, but could not pre∣vaile.

2. William Wickwane,* 4.41 Arch-Bishop of York,* 4.42 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 proud∣est, (alwayes good manners to except Cardinal Wolsey) of that place; Patriarch titular of Jerusalem, and Prince of the Isle of Man. Yet in my minde, Gilbert Sellinger, his contemporary, and Bishop of Chi∣chester, had a far better Title, as commonly called, the Father of Or∣phans, and Comforter of the widdows.

These, with many more Bishops consented (though some of them resorben∣tes suam bilem as inwardly angry) to the passing, (or confirming) of the Sta∣tute 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,* 4.43 eminent on this account, * 4.44 that it laid down the limits,* 4.45 and fixed the boundaries betwixt the Spiritual and Temporal Jurisdictions, Hitherto shall you come and no farther; though before and since, both powers have endeavoured 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. Circumspectè agatis de negotiis tangentibus Episcopum Norwicensem, & ejus Clerum, non puniend, eos si pla∣citum tenuerint in Curia Christiani∣tatis de bis quae merè sunt spiritualia, viz. de correctionibus quas Prelati fa∣ciunt pro mortali peccato, viz. pro for∣nicatione, adulterio & hujusmodi, pro quibus aliquando infligitur paena corporalis, aliquando pecuniaria, maxi∣mè si convictus fuerit de hujusmodi li∣ber homo.

Item, Si Praelatus puniat pro cemete∣rio non clauso, Ecclesia discooperta, vel non decenter ornata, in quibus casibus alia poena non potest inffigi quam pe∣cuniaria.

Item, Si Rector petat versus paro∣chianos oblationes, & decimas debitas vel consuetas, vel si Rector agat contra Rectorem de decimis majoribus, vel minoribus, dummodo non petatur quar∣ta pars valoris Ecclesiae.

Item, Si Rector petat mortuàrium in partibus ubi mortuarium dari con∣suevit.

Item, Si Praelatus alicujus Ecclesiae, vel advocatus petat à Rectore pensionem si debitam, omnes hujusmodi petitiones sunt faciend, in foro Ecclesiastico. De violenta manuum injectione in Cleri∣cum,

& in causa diffamationis conces∣sum fuit aliàs, quod placitum inde te∣neatur in Curia Christianitatis, cum non petatur pecunia, sed agatur ad correctionem peccati, & similiter pro fidei laesione. In omnibus praedictis ca∣sibus habet judex Ecclesiasticus cogno∣scere regia prohibitione non obstan∣te.

THe KING to his Judges sendeth Greeting. Use your self circum∣spectly in al matters concerning the Bi∣shop of Norwich, & his Clergie, not pu∣nishing them, if they hold plea in Court Christian, of such things as be meerly spiritual, that is to wit of penance en∣joyned for deadly sin, as fornication, a∣dultery, and such like; for the which many times, corporal penance or pe∣cuniary is enjoyned, specially if a free man be convict of such things.

Also if Prelates do punish for lea∣ving Church-yards unclosed, or for that the Church is uncovered, or not conveniently decked, in which cases none other penance can be enjoyned but pecuniary.

Item, If a Parson demand of his pa∣rishioners, oblations and tythes due and accustomed, or if any person plead against another for tythes, more or less, so that the fourth part of the va∣lue of the Benefice be not demanded.

Item, If a Parson demand mortua∣ries 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,* 4.46 it hath been granted already,* 4.47 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 Judg shall have power to take knowledge notwith∣standing the Kings prohibition.

Something must be premised about the validity of this writing, learned men much differing therein.

Some make it

• 1. Onely a constitutiou made by the Prelates themselves; much too blame, if they cut not large pieces, being their own Carvers.
• 2. A meer Writ issued out from the King to his Judges.
• 3. A solemn Act of Parliament, compleat in all the re∣quisites thereof.

Hear what* 4.48 a Bacon (but neither S^r Nicolas, nor S^r Francis, the two Ora∣cles of Law) writes in this case; A writing somewhat like a Grant of Liberties, which before times were in controversie; 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 Clergie should hold peaceable possession of what they had, upon this ground. And in the next page more plain∣ly; For my part therefore I shall not apprehend it of a higher nature then the Kings Writ, which in those dayes WENT FORTH AT RANDOM.

16. Come we now to the calme judgment of S^r Edward Cook,* 4.49 on whose decision we may safely rely; Thougha 4.50 some have said that this was no Statute, but made by the Prelates themselves; yet that this is an Act of Parlia∣ment, it is proved, not onely by our books, but also by an Act of Parliament.

17. The King to his Judges] Were it of concernment, it were not dif∣ficult to name the Prime Judges of England at this time:

Viz.

• 1. In the Kings, or Vpper-Bench, either Ralph de Heng∣ham, 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.

But by the Judges named in this Writ, (for, as this was an Act of Parliament, so was there a Writ also founded thereon, called Circumspectè agatis) we under∣stand some peculiar Commissioners dispatch'd and employed on this particu∣lar business.

18. Concerning the Bishop of Norwich] It is needless to tell the Reader, that William Middeton was Bishop thereof at this time,b 4.51 charactred to be, Vir in Jure Civili & Canonico peritissmus & elegantissmus. But Norwich is here put onely for example, which equally extended to all the Bishops of the Realme.

19. Si placitum tenuerint, if they hold plea] Placitum, a Plea so called, saith myc 4.52 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 Plaintife 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 Con∣stitutions, where all the rest is registred. 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 meer Church-Constitution. It is called the Court Christian, because therein the Laws of Christ do, or should bear the decisive sway, whilest the Statutes of Secular Princes regulate the proceedings in other Courts.

21. Such things as be meerly spiritual] This furnisheth us with a necessary distinction of all matters;

• Into
  • meerly and purely
  • mixtly and partly
• spiritual.

Of the former we shall finde very few, meerly spiritual. For the Apo∣stles sometimes conceived, that the very distribution of Almes to the poor, had something of worldly drossiness therein (called by themd 4.53 serving of tables) as if onely the preaching of the word were a spiritual employment. Of the latter sort many things are mixtly spiritual. For, seeing man consists of two principles, soul and body, all his actions good or bad, as to the minde-moiety or soul-part thereof, must needs have at least a glance of spiritual reflection. Here then the Quaere will be in matters mixtly spiritual, whether the spiritua∣lity of them shall refine the rest so as to exalt the same into Church-cognisance; or the corporality, or earthliness of them, depress them so as to subject them to civil consideration? the decision hereof dependeth on the practice and cu∣stom of the Land, as will appear hereafter.

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 humane Laws. The former onely 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 con∣fesseth) 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 qualifie 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 kinde, of higher or lower guilt;

1. Higher	as	Incest.
2. Lower	Soliciting a womans chastity.

If any say that Adultery doth not belong to the Court-Christian, because Christ

himself would not punish ana 4.54 adulteress taken in the act, waving it as an im∣proper imployment. It is answered, that our Saviour appearing in privacy and poverty, and coming not to act but to suffer, not to judg but be judged, justly declined all judicial power. But we see afterward, how the Church of Corinth, by S^t Paul his command, proceeded against the incestuous person, and at this time Church-men cleanly carried the cognisance of such offences. I say at this time, it plainly appearing, that in the Conquerors time, Fornica∣tion and Adultery were punishable in the Kings Court, and the Leets especially, (by the name of LETHERWITE) and the fines of offenders assessed to the King, though now it meerly belonged to the Church. As for a Rape, being Adul∣tery, or, at leastwise, fornication offered with violence, the Common-Law hath justly reserved to it self the trial and punishment thereof.

25. And such like] Here is an interpretative et-caetera inserted in the bo∣dy of a Parliament Act (and a Writ grounded thereon) causing some differen∣ces about the Dimensions thereof. For, if these words, And such like, re∣late onely to the last foregoing, Fornication and Adultery, (in common con∣struction most probable) then they onely fetch in such offences which have some tincture of Carnal uncleanness. But, if they also refer to the me∣diate preceding words, deadly sins, behold a troop cometh, beyond our power exactly to number them. And here Forein Casuists bring in a bundle of mor∣tal sins, all grist for their own Mill, as of Church-cognisance; namely, Sacri∣ledg, Usury, Heresie, 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 ac∣count, defalking a great part of that measure, which they make to themselves in favour of Church-Jurisdiction.

26. For that the Church is uncovered] It belonged ever to the Priests, to provide for the decent reparation of Gods-House. Thus Jehoiadab 4.55 was care∣ful to amend the decayes of the Temple. But though it pertained to Church∣men to see the thing done, yet several persons were to do it.

1. The Steeple with the Body of the Church, and all Chappels lying in common thereunto, are to be repaired at the joyn cost of the Parish.

2. Private Chappels wherein particular persons claim a propriety of sepulture at their own charges.

3. The Chauncel at the expence of the Parson.

However in all these, such respect is had to the custom of the place, time out of minde; that it often over-ruleth 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 deci∣ded to the contentment of both Parties, in what notion Tythes belong to the Court-Christian.

1. The Canonists maintaine,

That Originally and ex sua natura, they are of Ecclesiastical cognizance, as commonly avouched, and gene∣rally believed due, Jure Divino. Besides, such the near relation of the Church and its maintenance, that to part the oyl 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 anci∣ent time did pertain to the Spiritual Court.

2. The Common-Lawyers defend.

That Tythes in their own nature are a civil thing, and therefore by Britton (who being Bishop of Heresord, and learned in the Laws of this Realm, was best qualified for an unpartial Judg herein) omitted, when treating of what things the Church hath cognizance. They * 4.56 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 conces∣sion, 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 shew what a Mortuary was, when to be paid, by whom, to whom and in what consideration.

1. A Mortuarya 4.57 was the second best quick cattel whereof the party died possessed. If he had but two in all (such forsooth the cha∣rity of the Church) no Mortuary was due from him.

2. It was often bequeathed by the dying, but however alwayes pay∣ed by his Executors after his death, thence called a Mortuary or Corse-present.

3. By whom. No woman under Covert-Baron was lyable 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 lar∣ger 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 Judg might proceed ex officio, and pro salute animae, punish the offender who offered vio∣lence to a Priest; but dammages on Action of Battery were onely 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 spiri∣tual, as to call one Heretick, or Schismatick, &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 surrendred such suits to the Spirituality.

31. Thus by this Act and Writ of Circumspectè agatis,* 4.58 King Edward may seem like an expert Artist, to cleave an hair, betwixt the spiritual and temporal juris∣diction, 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 Maxime, Exceptio firmat regulam in non exceptis. How∣ever, 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 (whilest distinct Kingdomes) termed Battable-grounds, which may give for their Motto, not, Dentur justiori, but, Dentur fortiori, for alway 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 fa∣vour best befriended them.* 4.59 But generally the Clergie complained, that, as in the blending of liquors of several colours, few drops of red will give tin∣cture 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 them∣selves 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 Kingdome;* 4.60 having first premised some observables con∣cerning their continuance therein.* 4.61 If hitherto we have not scattered our Hi∣story with any discourse of the Jews,* 4.62 know it done by design: that as they were enjoyned by our Laws, to live alone in streets by themselves (not mix∣ing in their dwellings with Christians) so we purposely singled out their sto∣ry, and reserved it by it self, for this one entire relation thereof.

33. They were scattered all over England.* 4.63 In Cambridg, Bury, Nor∣wich, Lin, Stanford, Northampton, Lincoln, York, and, where not? But their principal aboad was in London, where they had their Arch-Synagogue at the North corner of the Old-Jury, as opening into Lothbury. After their expul∣sion, 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 thea 4.64 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,* 4.65 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 & Pro∣tector 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 defence of their Clients, the Jews; insomuch as I finde itb 4.66 complained of by the English Clergy, as a great grievance; that, when a Jew was con∣vented before the Ecclesiastical Judg, for his misdemeanours (as Sacriledg, 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 onely responsible in his own jurisdiction.

35. In their spiritual government they were all under one Pontifex,* 4.67 or High Priest. We finde his name was Elias, who Anno 1254. had that office. He was also called the Presbyter of the Jews, whose place was usually con∣firmed at least, if not constituted by the King, who by his Patent granted the same, as may appear by this copie of King Johns, as followeth.

REXa 4.68 omnibus fidelibus suis,* 4.69 & omnibus Judaeis,* 4.70 & Anglis salutem. Soiatis Nos concessisse, & praesenti Chartâ nostrâ confirmasse Jacobo Judge de Londoniis Presbyterio Judaeorum, Presbyteratum omnium Ju∣daeorum totius Angliae babendum & tenendum quamdiu vixerit, liberè & quietè & bonorificè, & integre, its quòd nemo ei super hoc molestiam aliquam, aut gravamen inferre praesumat: Quare volumus, & firmiter praecipimus, quod eidem Jacobo quoad vixerit Presbytoratum Judaeorum per totam Angliam, garantetis, manu teneatis, & pacificè defendatis; & si quis ei super eo foriffacere praesumserit, id ei sine dilatione (salva no∣bis 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, testatur. Taeste S. Bathomensi Episcopo &c. Dat. per manus H. Cantuariensis Archi∣episcopi 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.* 4.71 One Verse inb 4.72 Deuteronomy (with their Comment thereon) was more beneficial unto them, then all the Old Testament besides. Vnto a stranger thou maiest lend upon usury, but unto thy brother thou shalt not lend upon usury: Now interpreting all strangers who (though neighbours at the next door) were not of their own nation, they be∣came the universal Usurers of all England; and did our Kingdom this courte∣sie, 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 wayes 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 wayes, quickly arrived at vast estates.

37. For,* 4.73 first for their fare, it was course in the quality, and yet slen∣der 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, every one 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.* 4.74 I thought, onely the ground of their graves (generally buried without Cripple∣gate, in the Jews garden, on the West side of S^t Gyles's Church-yard, now turned into Tenements in Red-cross-street) could be termed theirs. But since I am informed, that Benomyc 4.75 Mittun, a Jew (as certainly many moe be∣sides 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 plenti∣ful in their encreasing, and more portable in the removing thereof.

39. It was an usual punishment legally inflicted on these Jews,* 4.76 for their offences not capital, to Excommunicate them. Thus such Jews should be Excommunicated, who, contrary to the Laws, kept Christian-nursesa 4.77 in their houses; or, who cast off that badg, or cognizance, which they ought

to have worn over their upper garment,* 4.78 to be distinguished from Christians.* 4.79 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 Cambridg) whereby the Jews were derred all commerce with Christians (worse to them then all the plagues of Egypt) and so the mart of their pro∣fit marred, dearer unto them then life it self.

40. Endless it were to reckon up the indignities offered unto these Jews,* 4.80 on occasion sometime given, but oftner taken▪ Apprentices now adayes 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 Chri∣stians at any revels made great entertaintments, the Jews were made to pay the reckoning. And wheresoever any braule began, in London, it ended al∣wayes 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 Saviour, which Barabbas was ab 4.81 robber, a raiser ofc 4.82 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,* 4.83 which, according to the Jewish computation was their Jubile; and then busie in the observance thereof, though (alas) they had not one merry day in the compass of the whole year. They were for∣bidden, for fear of their inchantments, to approach the Kings Coronati∣on, 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 dayes 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,* 4.84 the Barons brake into the Jews houses, and rifled their coffers, and with the stone of their houses, repaired the gates, andd 4.85 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 winde 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,* 4.86 none ground the Jews with exacti∣ons, like King Henry the third. Onely herein the Jews might, and did com∣fort themselves, that the English, his Native Subjects, also smarted soundly under his oppression. He not onely flead 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.e 4.87 Gold he would receive of every Jewish man, or woman, alwayes with his own hand, but consigned other officers to receive the silver from them. One offensive act he wilfully did to their consci∣ence, in giving them leave, at their own cost and charges, to build them a new Synagogue, and when they had finish'd it, He commanded them to dedicate it to the Virginf 4.88 Mary, whereby they utterly lost the use thereof; and after∣wards the King gave it to be a Cell of S^t Anthony of Vienna. A vexatious deed, meerly to despight 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 daylie unto them, by the Popish Saint-ship to their images.

44. It may justly seem admirable,* 4.89 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 Glocester-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 onely be taken away, but their nests be pluck'd down; yet within few years we shall finde them hatching a new brood of wealth therein. This made many suspect them, for clipping and coyning 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,* 4.90 they had but one shift (and, as used by some of them, it was but a shift indeed) to pretend themselves Christian Converts,* 4.91 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 hainous 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 drinke he had caused the death of many English Gentlemen, escaped all punishment by being bapti∣zed. 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 daylie salary to them for their maintenance. It is to be feared many lived therein who were Jews inwardly, but not in the Apostlesa 4.92 acception thereof, in the spirit, but in the letter, whose praise is not of men, but of God; but I mean such, who still retain∣ed the dregs of Judaisme under the fained 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 misdemeanours were laid to their charge,* 4.93 amongst which these following were the principal. First, Enchantments. This was an old sin of the Jews, whereof the Prophets alwayes complained,b 4.94 the multitude of thy sorceries, and the great abundance of thine inchantments. And it seemes they still retained their old wicked wont. Secondly, Poisoning. To give the Jews their due, this was none of their faults, whilest 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, Counterfeit∣ing 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 Sa∣viour. 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,* 4.95 that the Jews were by the King violently cast out of the Land, yet a greata 4.96 Lawyer states the case much other∣wise (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 indirect∣ly 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 be∣ing purposely shipped out of a spightful 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,* 4.97 what vast sums of wealth accrewed to the King,* 4.98 by this (call it ejection,* 4.99 or amotion, or) decesion of the Jews. He al∣lowed 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,* 4.100 and Treasurer of England (but therein speaking more like a Treasurer then a Bishop) advising him,* 4.101 if in necessity, to take all the plate and money of Churchesa 4.102 and Monasteries, therewith to pay his souldiers. 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,* 4.103 began with the Scots, and effectually humbled them, and their country. This the occasion. Two Com∣petitors 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 enjoyned him to do homage unto him, and that hereafter the Scotish Crown should be held in fe∣alty of the English. Bailiol, or his necessity rather (his person being in King Edward's power) accepted the condition, owning in England one above him∣self, that so he might be above all in Scotland.* 4.104 But,* 4.105 no sooner was he return∣ed into his own Kingdom, and peaceably possessed thereof, but instantly in a Letter of defiance, he disclaimeth all former promises to King Edward, ap∣pealing to the Christian world, whether his own inforced obedience were more to be pitied, or King Edward's insolence (improving it self on a Princes present extremitics) more to be condemned.

50. Offended hereat,* 4.106 King Edward▪* 4.107 advanceth into Scotland,* 4.108 with the forces he formerly intended for France. Power and policy make a good med∣ly, and the one fareth the better for the other. King Edward to strengthen himself, thought fit to take in the title of Robert Bruce, (Bailiols corrival, hitherto living privately in Scotland) pretending to settle him in the Kingdom. Hereupon the Scots, to lessen their losses, and the English victories,b 4.109 affirm, that in this expedition their own Country-men were chiefly conquered by their own Country-men, the Brucian party assisting the Englsih. Sure it is that King Edward took Barwick, Dunbar, Sterling, Edenbrugh, the Crown, Scep∣ter, and (out of Scone) the Royal Chair, and prophetical Marble therein. And though commonly it be observed, that English valour hopefully budding and blossoming on this side of Edenburgh-Frith, is frost-bitten on the North thereof; yet our victorious Edward, crossing that sea, took Montross, and the best Coun∣ties thereabout. In a word, he conquered almost all the Garden of Scotland, and left the wilderness thereof to conquer it self. Then having fetled Warren, Earl of Survey, Vice-Roy thereof, and made all the Scotish Nobility (Doughty Douglas alone excepted, who was committed to prison for his singular recu∣sancy) swear homage unto him, and taking John Bailiol captive along with him, he returned triumphantly into England.

The End of the Thirteenth CENTURY.

Notes

• * 1.1

  Anno Regis
• * 2.1

  Anno Dom.
• * 2.2

  Mark 7. 36.
• * 2.3

  Joh. 3.
• * 2.4

  1201.
• * 2.5

  Huberts indis∣creet emulati∣on of the King:
• a 2.6

  Mat. Paris hist. Ang. in Anno 1201.
• * 2.7

  Anno Dom. 1201.
• * 2.8

  Anno Regis Joh. 3.
• * 2.9

  A search be∣tween the Monks of Can∣terbury widen•••• 〈◊〉〈◊〉 into a dangerous wound.
• * 2.10

  1205.
• * 2.11

  7
• a 2.12

  James 3. 5.
• * 2.13

  Two Arch∣Bishops cho∣sen by the Monks of Canterbury, & the Pope pro∣pounded a third.
• * 2.14

  The Pope sends two Letters of contrary tem∣pers to the King.
• * 2.15

  1207.
• * 2.16

  10.
• * 2.17

  Mat. Paris in Anno 1207. pag. 223.
• * 2.18

  King Johns re∣turn, raising his voice to too high a note at first.
• * 2.19

  Anno Regis Job. 10.
• * 2.20

  Anno Dom. 1207.
• * 2.21

  Three Bi∣shops by com∣mand from the Pope In∣terdict the whole King∣dome.
• * 2.22

  Englands sad case under Interdiction.
• a 2.23

  Corpora de∣functorum more Canum in Bi∣vijs & fossatis sine orationibus & sacerdotum ministerio sepe∣libantur. Matt. Paris. pag. 226
• b 2.24

  Antiq. Brit. in Steph Lang∣ton pag. 159.
• * 2.25

  Two grand ef∣fects wrought by this Inter∣diction.
• * 2.26

  King Johns innocence & the Popes in∣justice in these proceedings.
• a 2.27

  Compare the 2 Sam. 74. 1 with the 1 Chron. 21. 1
• * 2.28

  King John by name excom∣municated.
• * 2.29

  1209.
• * 2.30

  10.
• * 2.31

  Yet is blessed with good successe under the Popes curse.
• * 2.32

  1210.
• * 2.33

  11.
• b 2.34

  Mat. Paris in Anno 1210. pag. 229
• * 2.35

  The Prophe¦sie of Peter of Wakefield a∣gainst K John.
• * 2.36

  1212.
• * 2.37

  13.
• * 2.38

  Anno Regis Joh. 13.
• a 2.39

  Fox Martyr. pag. 229.
• * 2.40

  Anno Dom. 1212.
• b 2.41

  Cominaeus faith, that the English are never with∣out some Pro∣phesie on foot
• * 2.42

  14.
• * 2.43

  1213.
• * 2.44

  King Johns submission to the Pope.
• * 2.45

  Both Instru∣ments for the present were but sealed with Wax, and the next yeer solemnly embossed with mettall, in the presence of Nicholas the Popes Legat.
• c 2.46

  Isai. 1. 22. The Rent ne∣ver paid the Pope, nor de∣manded by him.
• * 2.47

  The proud carriage of Pandulphus to the King.
• d 2.48

  Matt. Paris. pag. 237.
• e 2.49

  Acts 8. 20.
• * 2.50

  Anno Dom. 1213.
• * 2.51

  Anno Regis Joh. 14.
• * 2.52

  Peter the pro∣phet hanged, whether un∣justly, dispu∣ted.
• a 2.53

  Matt. Paris Vt prius.
• * 2.54

  The Interdi∣ction of Eng∣land relaxed.
• * 2.55

  1214.
• * 2.56

  15.
• * 2.57

  The Popes Legate arbi∣trates the ar∣rears betwixt the King and Clergy.
• * 2.58

  Anno Regis Joh. 16.
• * 2.59

  Anno Dom. 1214.
• * 2.60

  The Barons rebel against King John.
• * 2.61

  16.
• * 2.62

  1215.
• * 2.63

  Lewis Prince of France in∣vited by the Barons to in∣vade England.
• a 2.64

  Granted to the City, Anno Dom. 1209. Grafton, fol. 59.
• * 2.65

  An unworthy Embassie of King John to the King of Morocco.
• b 2.66

  Mat. Paris pag. 245. pla∣ceth this two years sooner, viz. An. 1213.
• c 2.67

  Eccles. 7. 7.
• * 2.68

  17.
• * 2.69

  1216.
• * 2.70

  The lamenta∣ble death of King John.
• a 2.71

  Camd. Brit. in Norfolk.
• * 2.72

  Anno Dom. 1216.
• * 2.73

  Anno Regis Joh. 17.
• b 2.74

  Wil. Caxton in his Chron. called Fructus temp. lib. 7.
• c 2.75

  Mat Paris pag. 287.
• d 2.76

  Compare Mr Fox, Mar∣tyr. pag. 234. with Holynshed pag. 194.
• * 2.77

  King Johns character de∣livered in the dark.
• * 2.78

  Henry the third under Tutors and Governors.
• * 2.79

  Hen. 3 1. Octob. 2••.
• e 2.80

  2 Chro. 16. 7.
• * 2.81

  By what means King Henry so quickly reco∣vered his Kingdom:
• * 2.82

  Anno Regis Hen. 3 1.
• * 2.83

  Anno Dom. 1217.
• * 2.84

  Our Principal design in wri∣ting this Kings life.
• * 2.85

  Occasions of the Popes in∣tolerable ex∣tortions.
• a 2.86

  Mat. Paris. pag. 299.
• * 2.87

  A new design.
• * 2.88

  Good Text, what ere the Comments.
• * 2.89

  Serenity in the State.
• * 2.90

  Anno Dom. 1214.
• * 2.91

  Anno Regis Hen. 3 7.
• * 3.1

  Anno Regis
• * 3.2

  Anno Dom.
• * 3.3

  Henri∣•• 3. 7
• * 3.4

  1214
• * 3.5

  A remarka∣ble writ of the King to the Sheriff of Bucking∣hamshire.
• a 3.6

  Camden. Brit. in Northamp∣tonshire.
• * 3.7

  Anno Dom. 1214.
• * 3.8

  Anno Regis Henri∣ci 3. 7
• b 3.9

  Bracton lib. 3. Tract. 2. c. 18. num. 1.
• * 3.10

  A remarka∣ble prohibi∣tion of Papal appeales.
• * 3.11

  1215
• * 3.12

  8
• c 3.13

  Claus. S. Henr. 3. numb. 24. in dorso.
• d 3.14

  Noc di∣phthongs in old Records.
• * 3.15

  Anno Regis Henri∣c•• 3. 8
• * 3.16

  Anno Dom. 1215
• * 3.17

  The effect of the Instru∣ment.
• * 3.18

  Appeale to the Pope pro∣hibited.
• * 3.19

  The time makes it the more remar∣kable.
• * 3.20

  Caursines what they were.
• * 3.21

  Anno Dom. 1235
• * 3.22

  Anno Regis Henri∣ci 3. 19
• * 3.23

  Necessary observati∣ons.
• * 3.24

  Anno Regis Hen. 3. 19
• * 3.25

  Caursines whence so called.
• * 3.26

  Foxes hap¦and happi∣nesse.
• * 3.27

  Caursines and Lombards the same.
• * 3.28

  Deep Hypo∣crisy.
• * 3.29

  22
• * 3.30

  1238
• * 3.31

  The Present of the Oxford Scholars to the Legate,
• a 3.32

  M. Paris in Anno 1238. Ran. Cistren∣sis, l. ult. c. 34. & T. Wal∣singham in Hypodigm. Nenstriae.
• b 3.33

  Prov. 18. 16. Ill requited.
• * 3.34

  The Legate's Brother kill'd by the Scho∣lars of Oxford
• * 3.35

  Anno Dom. 1238
• * 3.36

  Anno Regis Henri∣ci 3. 22.
• * 3.37

  The Legate flies to the King.
• * 3.38

  Oxford in a sad condi∣tion.
• * 3.39

  Interdicted by the Legate
• * 3.40

  Who returns to London.
• * 3.41

  The Bishops interecede for the Univer∣sity.
• * 3.42

  All are re∣conciled.
• * 3.43

  Bishops an∣cient Innes in London.
• a 3.44

  Luke 16. 9.
• * 3.45

  A valiant offer.
• b 3.46

  Pat. 25. of Henry the third, mem. 6.
• * 3.47

  25
• * 3.48

  1241
• * 3.49

  A free-for∣ced gift.
• * 3.50

  Anno Dom. 1241
• * 3.51

  Anno Regis Henri∣ci 3. 25
• * 3.52

  Spoken like a King.
• * 3.53

  Say and do, best.
• * 3.54

  A Pension given by the Pope to an English Earile.
• a 3.55

  In his Brit. in Somerset∣shire.
• b 3.56

  In his Eliz. in the case of Count Arun∣del. There are rich who make them∣selves poor.
• * 3.57

  38
• * 3.58

  1254
• * 3.59

  The death of Bishop Grout∣head.
• c 3.60

  Bishop God∣win in Cata∣logue of Linc. Bish.
• * 3.61

  The Popes fume against this good Bishop,
• d 3.62

  Matthew Paris in Anno 1552.
• * 3.63

  quenched by a Spanish Cardinall.
• * 3.64

  Grouthead the peoples, though not the Pope's Saint.
• e 3.65

  Iohn Burie Mat. Paris, Mat. West∣minster, Mr. Fabian.
• f 3.66

  Godwin, in his Cata∣logue of Bi∣shops. Discontents begin in Eng∣land.
• * 3.67

  Anno Dom. 1254
• * 3.68

  Anno Regis Henri∣ci 3. 38
• * 3.69

  Grounded on too much occasion.
• a 3.70

  Roger Wendover.
• * 3.71

  A Title with∣out power onely lest to the King.
• * 3.72

  The Pope freely gives his curtesies for money.
• * 3.73

  Sad case when the Royall Root is no better then a sucker
• * 3.74

  No part of Church∣work.
• * 3.75

  Bettered by affliction.
• * 3.76

  Charta Magna first fully practised.
• * 3.77

  Bailiol Col∣ledge built by a banisht Prince.
• * 3.78

  46
• * 3.79

  1262
• a 3.80

  2 Cor. 8. 2.
• * 3.81

  Great reve∣nues for that Age.
• b 3.82

  Roger Walden, in his History.
• c 3.83

  Bri. Twine, antiq. Acad. Ox. in Ap∣pendice. Endowed with more land then now it pos∣sesseth.
• * 3.84

  The Au∣thours re∣quest to the learned in Oxford.
• * 3.85

  Four neces∣sary things premised.
• * 3.86

  Whence the Bishops are collected.
• * 3.87

  Whence the Benefactours.
• * 3.88

  Anno Dom. 1262
• * 3.89

  Anno Regis Henri∣ci 3. 46
• * 3.90

  Whence the learned writers.
• * 3.91

  No wilfull wrong done.
• * 3.92

  Adde and mend.
• a 3.93

  See more of him in our de∣dication to the second book.
• * 3.94

  A paire of Learned Iudges.
• * 3.95

  Vniversity▪ Col. found∣ed.
• * 3.96

  Iews dam∣nable extor∣tioners.
• a 3.97

  Claus. 22. of Hen. 3. memb. 9. in dorso.
• * 3.98

  A second priviledge.
• * 3.99

  The third priviledge.
• * 3.100

  The submis∣sion of the Dean and Chapter of S. Asaph.
• * 4.1

  De recogni∣tione Deca∣ni & Ca∣pit. de San∣cto Asapho.
• * 4.2

  Edmond Arch∣bishop of Cant.
• a 4.3

  Godwine in Catalogue of Bishops, pag. 130.
• * 4.4

  Sainted after his death.
• * 4.5

  Boniface a worthlesse Arch-bishop.
• * 4.6

  Anno. Regis
• * 4.7

  Anno Dom.
• * 4.8

  Hen. 3▪ 57.
• * 4.9

  1272.
• * 4.10

  The vivacity of King Henry the third, and the variety of his life.
• * 4.11

  The serenity of his death and solemnity of his Burial.
• * 4.12

  Anno Dom. 1272.
• * 4.13

  Anno Regis Hen. 3. 57.
• * 4.14

  Ed. 1. 1.
• * 4.15

  The advanta∣ges of absent Prince Ed∣ward.
• * 4.16

  His atchieve∣ments against the Turks.
• * 4.17

  The Popes present pow∣er in England.
• * 4.18

  Merton Col. in Oxford found∣ed.
• * 4.19

  1274.
• * 4.20

  3.
• * 4.21

  Anno Regis Ed. 1. 3.
• * 4.22

  Anno Dom. 1274
• a 4.23

  Brian Twyn Ant. Acad. Ox. p. 319.
• * 4.24

  A Manor in Cambridg gi∣ven thereun∣to.
• b 4.25

  Caius Hist. Cant. Acad. p. 68.
• * 4.26

  Merton his Monument renewed.
• * 4.27

  He was pre∣vost also of Kings Col. in Cambridg.
• * 4.28

  The Living passed over in silence.
• * 4.29

  The Origi∣nal of Post∣masters.
• a 4.30

  The same I conceive with the Postma∣sters.
• * 4.31

  The Church ready to eat up the Com∣mon-wealth.
• * 4.32

  The mischief of Mortmain to the Crown.
• * 4.33

  This Law not new but re∣newed.
• a 4.34

  Exod 36. 6.
• b 4.35

  In his 31. Epist.
• * 4.36

  Ambrose an∣gry with Mortmaine.
• * 4.37

  The Statute of Mortmaine.
• * 4.38

  Anno Dom. 1279.
• * 4.39

  Anno Regis Ed. 〈◊〉〈◊〉 7. Nov. 4.
• * 4.40

  who the active Prelats of this age.
• * 4.41

  Anno Regis Ed. 1. 11.
• * 4.42

  Anno Dom. 1283.
• * 4.43

  13.
• * 4.44

  1285.
• * 4.45

  The Spiritual and Temporal Courts boun∣ded by Parlia∣ment.
• * 4.46

  Anno Dom. 1285
• * 4.47

  Anno Regis Ed. 1. 13.
• * 4.48

  Mr Nath. Bacon in his Hist. Dis. of the Govern∣ment of En∣gland, lib. 1. pag. 233.
• * 4.49

  Judg Cokes decision.
• a 4.50

  Second part of his Institut. pag. 487.
• b 4.51

  Chronicon. Osniense.
• c 4.52

  Linwood his Constit. lib. 2. tit. De Foro competenti.
• d 4.53

  Acts 6. 2.
• a 4.54

  John 8. 4. 11.
• b 4.55

  2 Chro. 24.
• * 4.56

  Bracton, lib. 5. fol. 401.
• a 4.57

  Linwood Constit. lib. 1. fol. 11. c. de Con∣suetudine.
• * 4.58

  No end can end an ever∣lasting diffe∣rence.
• * 4.59

  See more hereof on Articuli Cleri, in the Reign of Edward the second.
• * 4.60

  A transition to the entire sto∣ry of our En∣glish Jews.
• * 4.61

  1290.
• * 4.62

  18.
• * 4.63

  Their princi∣pal residence in London.
• a 4.64

  Stow his Sur∣vey of London, pag. 288.
• * 4.65

  The Justicer of the Jews.
• b 4.66

  Additamenta Matthaei Pari∣siensis p. ••02.
• * 4.67

  The High Priest, or Pres∣byter of the Jews.
• a 4.68

  Ret. Cart. 1 Reg. Joh. part. 1. memb. 28. Cart. 171.
• * 4.69

  Anno Regis Ed. 1. 18.
• * 4.70

  Anno Dom. 1290.
• * 4.71

  Jews griping Usurers.
• b 4.72

  Deut. 23. 20.
• * 4.73

  Their rapaci∣ousness, and tenaciousness.
• * 4.74

  Jews might purchase hou∣ses.
• c 4.75

  Stows Sur∣vey, pag. 288, and 289.
• * 4.76

  Lay-excommunication, what it was.
• a 4.77

  Additamenta•• Matthaei Pari. pag 202.
• * 4.78

  Anno Dom. 1290.
• * 4.79

  Anno Regis Ed. 1. 18.
• * 4.80

  Jew unfortu∣nate at feasts and frays.
• b 4.81

  John 18. 40.
• c 4.82

  Mark 15. 7.
• * 4.83

  A sad Jewish Jubilee.
• * 4.84

  London-wall built with Jewish stones.
• d 4.85

  Stows Survey of London, pag. 288.
• * 4.86

  Henry the third cruel to the Jews.
• e 4.87

  Mat. Paris pag. 605.
• f 4.88

  Stows Sur∣vey, p. 192.
• * 4.89

  The wonder of the Jews speedy re∣cruiting their estates.
• * 4.90

  Crouds of counterfeit converts.
• * 4.91

  Mat. Paris pag. 982.
• a 4.92

  Rom. 2. 29.
• * 4.93

  Misdemea∣nors charged on the Jews.
• b 4.94

  Isai. 47. 9.
• * 4.95

  Jews say o∣thers not cast out, but cra∣ved leave to depart.
• a 4.96

  Sir Ed. Coke.
• * 4.97

  The King gets incredible wealth forfei∣ted by the Jews.
• * 4.98

  1293
• * 4.99

  21.
• * 4.100

  1294
• * 4.101

  22.
• a 4.102

  Polydore Vir∣gil.
• * 4.103

  King Edward arbitrator be∣twixt Bailiol and Bruce.
• * 4.104

  1295
• * 4.105

  23.
• * 4.106

  He proveth Malleus Sco∣torum.
• * 4.107

  1297
• * 4.108

  25.
• b 4.109

  G. Buchanan 〈◊〉〈◊〉 Scot. libro octavo 〈◊〉〈◊〉