stand and fight even unto death, if need so require, in our mother's behalf, with such weapons as we may lawfully use not with bucklers and swords, but with prayers and tears to God;" and yet for his allegiance to the king himself he delivereth his mind as resolutely on the other side: "Ifm the whole world should conspire against me, that I should attempt any thing against the king's majesty, I would notwithstanding fear God, and not presume rashly to offend the king ordained by him. For I am not ignorant where I have read, Whosoever resisteth the power, resisteth the ordinance of God." And thus have I laid together such testimonies of antiquity as did occur in my reading, as well touching the doctrine as the exercise of regal sovereignty and Christian subjection. Wherein however in the handling of particulars some error may have escaped me; yet my main aim and scope, I am sure, is straight and upright; which is no other but to confirm all good subjects in their dutiful obedience unto their prince, and to prevent sedition and rebellion in such, as being otherwise well minded, might perhaps for want of better information be drawn out of the way, and misguided to their own destruction. matre nostra, armis quibus licet : non scutis et gladiis, sed precibus fletibusque ad Deum." Bernard. epist. 221. ad Ludovicum regem. m"Si totus orbis adversum me conjuraret, ut quidpiam molirer adversus regiam majestatem; ego tamen Deum timerem, et ordinatum ab eo regem offendere temere non auderem. Nec enim ignoro ubi legerim, Qui potestati resistit, Dei ordinationi resistit." Bernard. epist. 170. ad eund. OF THE ORIGINAL AND FIRST INSTITUTION, &c. &c. For the declaration of the original and first institution of Corbes, Herenaches, and Termon lands, it is to be considered, 1. Of what nature these lands be. 2. How they came to be possessed by the Termoners. 3. Who these Corbes and Herenaches may seem to have been, who now are the chief of the Termon men. 4. and lastly, Who had interest in the profits of these lands. Touching the first, it may be observed, that in times past it was provided, that whoever founded a church should endow the same with certain possessions, for the maintenance of those who were to attend God's service therein, insomuch that a bishop might not consecrate any church, before an instrument of such a donation were delivered by the founder. "Unusquisque episcopus meminerit, ut non prius dedicet ecclesiam aut basilicam, nisi antea dotem basilicæ, et obsequium ipsius per donationem chartulæ a Concil. Braccarens. cap. 5. confirmatum accipiat. Namque non levis est ista temeritas, si sine luminariis, vel sine sustentatione eorum qui ibidem servituri sunt, tanquam domus privata ita consecretur ecclesia." And after this donation, the founder was no longer to have the disposal of these possessions, but the ordering thereof appertained unto the bishop. Whereupon this canon was enacted in divers councils: "Multic, contra canonum constituta, sic ecclesias, quas ædificaverint, postulant consecrari, ut dotem, quam eidem ecclesiæ contulerunt, censeant ad episcopi ordinationem non pertinere, quod factum et in præteritum displicet, et in futuro prohibetur." Hence it came to pass, that every church had allotted to it a certain proportion of land, with servants appertaining thereunto, free from all temporal impositions and exactions, as may appear by the statute of Charlemagne: "Statutum est ut unicuique ecclesiæ unus mansus integer, absque alio servitio attribuatur," &c. And the council of Cologne, held in the time of Charles the gross: "Neque ex dote ecclesiæ, id est, uno manso et quatuor mancipiis census exigatur.” Neither is it to be doubted, but that those who founded churches upon their lands, being willing to assign an endowment unto them in places most convenient, would for this purpose especially make choice of the lands next adjoining unto the house which they had builded, as Bede particularly recordeth in his history of bishop Aidan, That he had no proper possession," exceptae ecclesia sua et adjacentibus agellis." ex Now Herenache and Termon lands being free from all charges of temporal lords, as all ecclesiastical possessions were by the fourth constitution of the council held at Cashel, anno 1172. the bishops being the chief lords of them, and churches being commonly built upon them, the reparation of a great part whereof lay continually upon Synod. Toletan. 3. cap. 19. Concil. Mogunt. sub Arnulpho, cap. 4. Concil. Wormatiense, cap. 16. d Capitular. ab Ansegiso collect. lib. 1. cap. 9. e Hist. Eccles. lib. 3. cap. 17. f Girald. Camb. hist. Hib. exp. lib. 1. cap. 34. |