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

SECT. III.

TO WILLIAM ROBINSON OF The Inward-Temple, Esq

SIR Edward Coke was wont to say, that he never knew a Divine meddle with a matter of Law, but that 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, our English Ne∣stor (not for depth of brains, but lenghth of life) as who Reigned fifty six years, 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, 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, severely punishing some Citizens of Nor∣wich, 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.

3. There cannot be a greater Temptation to Ambition to usurpe a Crown, then when it findeth a vacancy on the Throne, and the true heir thereof absent at a great distance. Such an advantage at this instant, had the Adversaries of Prince Edward (not as yet returned from Palestine) to put in, if so minded, for the Kingdom of England. And strange it was, that no Arrears of the 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, 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, 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, Bishop of Rochester and Chancellour of England, finished the Colledge of his own name in Oxford. 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, and heat, were as it is probable, any motive of this Vranslation, it was one of the best effects which ever so bad a cause produced; For otherwise, if not removed to Oxford, certainly this Colledg had been swept away, as Rubbish of superstition, at the Dissolution of Abbies.

7. Amongst the many Manors which the firsta Founder bestowed on this Colledge, 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 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, 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 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.

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.

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 Scholars, besides Officers and Servants, of the foundation, with other Students, the whole number being eighty.

9. Come we now to the Kings retrenching the Popes power, grown so exorbitant in England. A 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, 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. 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 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 S^t Ambrose likewise expresseth much anger on the same occasion, out of his general zeal for the Churches good. But, had the aforesaid Fathers (men rather pious then politick; good Church-men, no States-men) seen the Monasteries swollen in revenues from an inch in their 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, 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, 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: 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.

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, Arch-Bishop of York, accounted a great Scholar, (Author of a Book called Memoriale) and esteemed a petty-saint in that Age.

3. Anthony Beake, soon after Bishop of Durham; the richest and 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, eminent on this account, that it laid down the limits, and fixed the boundaries betwixt the Spiritual and Temporal Jurisdictions, Hitherto shall you come and no farther; though before and since, both powers have 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, it hath been granted already, that it shall be tried in a Spiritual Court, when money is not demanded, but a thing done for punishment of sin, and likewise for breaking an oath. In all cases afore rehearsed, the Spiritual 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 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, on whose decision we may safely rely; Thougha 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 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 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 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 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 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 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 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, 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. 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; having first premised some observables con∣cerning their continuance therein. If hitherto we have not scattered our Hi∣story with any discourse of the Jews, 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. 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 Wind-mill. A proper sign to express the moveableness of that place, which with several gales of success, hath been turned about, from so many owners, and to so many uses.

34. As for the civil government of Jews in England, the King set over them one principal Officer, called the Justicer of the Jews, whose place in honor was next to the Barons of the Exchequer. His office was to be the Patron & 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 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, 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 omnibus fidelibus suis, & omnibus Judaeis, & 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. One Verse inb 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, 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. 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 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, for their offences not capital, to Excommunicate them. Thus such Jews should be Excommunicated, who, contrary to the Laws, kept Christian-nursesa in their houses; or, who cast off that badg, or cognizance, which they ought

to have worn over their upper garment, to be distinguished from Christians. Surely such Excommunication was no Ecclesiastical censure, needless to keep the Jews out of our Churches, who hated all coming into them. Rather it was a civil penalty (equivalent to the Universities discominoning a Townsman in 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, 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 robber, a raiser ofc insurrection, and a murderer. And ever since that time, in all insurections against them (when they desired, and sought safety, and deliverance) it hath been their constant portion, to be robbed and murdered.

41. But the most terrible persecution fell upon them at the Coronation of King Richard the first, which, according to the Jewish computation was their Jubile; and then 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, the Barons brake into the Jews houses, and rifled their coffers, and with the stone of their houses, repaired the gates, andd 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, 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 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 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, 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, they had but one shift (and, as used by some of them, it was but a shift indeed) to pretend themselves Christian Converts, and to tender themselves to be baptized. To such persons; in a temporal respect, Baptism washed away all sin; they being cleared and quitted from all ante-facts how 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 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, amongst which these following were the principal. First, Enchantments. This was an old sin of the Jews, whereof the Prophets alwayes complained,b 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, that the Jews were by the King violently cast out of the Land, yet a greata 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, what vast sums of wealth accrewed to the King, by this (call it ejection, 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, and Treasurer of England (but therein speaking more like a Treasurer then a Bishop) advising him, if in necessity, to take all the plate and money of Churchesa 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, 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. But, 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, King Edward▪ advanceth into Scotland, 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 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.

Notes

• Anno. Regis
• Anno Dom.
• Hen. 3▪ 57.
• 1272.
• The vivacity of King Henry the third, and the variety of his life.
• The serenity of his death and solemnity of his Burial.
• Anno Dom. 1272.
• Anno Regis Hen. 3. 57.
• Ed. 1. 1.
• The advanta∣ges of absent Prince Ed∣ward.
• His atchieve∣ments against the Turks.
• The Popes present pow∣er in England.
• Merton Col. in Oxford found∣ed.
• 1274.
• 3.
• Anno Regis Ed. 1. 3.
• Anno Dom. 1274
• a

  Brian Twyn Ant. Acad. Ox. p. 319.
• A Manor in Cambridg gi∣ven thereun∣to.
• b

  Caius Hist. Cant. Acad. p. 68.
• Merton his Monument renewed.
• He was pre∣vost also of Kings Col. in Cambridg.
• The Living passed over in silence.
• The Origi∣nal of Post∣masters.
• a

  The same I conceive with the Postma∣sters.
• The Church ready to eat up the Com∣mon-wealth.
• The mischief of Mortmain to the Crown.
• This Law not new but re∣newed.
• a

  Exod 36. 6.
• b

  In his 31. Epist.
• Ambrose an∣gry with Mortmaine.
• The Statute of Mortmaine.
• Anno Dom. 1279.
• Anno Regis Ed. 〈◊〉〈◊〉 7. Nov. 4.
• who the active Prelats of this age.
• Anno Regis Ed. 1. 11.
• Anno Dom. 1283.
• 13.
• 1285.
• The Spiritual and Temporal Courts boun∣ded by Parlia∣ment.
• Anno Dom. 1285
• Anno Regis Ed. 1. 13.
• Mr Nath. Bacon in his Hist. Dis. of the Govern∣ment of En∣gland, lib. 1. pag. 233.
• Judg Cokes decision.
• a

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

  Chronicon. Osniense.
• c

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

  Acts 6. 2.
• a

  John 8. 4. 11.
• b

  2 Chro. 24.
• Bracton, lib. 5. fol. 401.
• a

  Linwood Constit. lib. 1. fol. 11. c. de Con∣suetudine.
• No end can end an ever∣lasting diffe∣rence.
• See more hereof on Articuli Cleri, in the Reign of Edward the second.
• A transition to the entire sto∣ry of our En∣glish Jews.
• 1290.
• 18.
• Their princi∣pal residence in London.
• a

  Stow his Sur∣vey of London, pag. 288.
• The Justicer of the Jews.
• b

  Additamenta Matthaei Pari∣siensis p. ••02.
• The High Priest, or Pres∣byter of the Jews.
• a

  Ret. Cart. 1 Reg. Joh. part. 1. memb. 28. Cart. 171.
• Anno Regis Ed. 1. 18.
• Anno Dom. 1290.
• Jews griping Usurers.
• b

  Deut. 23. 20.
• Their rapaci∣ousness, and tenaciousness.
• Jews might purchase hou∣ses.
• c

  Stows Sur∣vey, pag. 288, and 289.
• Lay-excommunication, what it was.
• a

  Additamenta•• Matthaei Pari. pag 202.
• Anno Dom. 1290.
• Anno Regis Ed. 1. 18.
• Jew unfortu∣nate at feasts and frays.
• b

  John 18. 40.
• c

  Mark 15. 7.
• A sad Jewish Jubilee.
• London-wall built with Jewish stones.
• d

  Stows Survey of London, pag. 288.
• Henry the third cruel to the Jews.
• e

  Mat. Paris pag. 605.
• f

  Stows Sur∣vey, p. 192.
• The wonder of the Jews speedy re∣cruiting their estates.
• Crouds of counterfeit converts.
• Mat. Paris pag. 982.
• a

  Rom. 2. 29.
• Misdemea∣nors charged on the Jews.
• b

  Isai. 47. 9.
• Jews say o∣thers not cast out, but cra∣ved leave to depart.
• a

  Sir Ed. Coke.
• The King gets incredible wealth forfei∣ted by the Jews.
• 1293
• 21.
• 1294
• 22.
• a

  Polydore Vir∣gil.
• King Edward arbitrator be∣twixt Bailiol and Bruce.
• 1295
• 23.
• He proveth Malleus Sco∣torum.
• 1297
• 25.
• b

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