The Evil Eye plucked out: OR A DISCOURSE PROVING That Church-Revenues cannot be Alienated by any Secular Persons or Powers, without a manifest Violation of the known Fundamental Laws of this Kingdom, and of Public Justice, and Common-honesty. MAT. XX. 15. Is thine Eye Evil, because I am Good? Frustra legis auxilium invocat, qui in legem committit. Si Judicas, cognosce. LONDON: Printed for Rob. Clavel, and are to be sold by H. Brome at the Gun near the West-end of St. Paul's. 1679. The Invasion, or Alienation, of Church-Revenues by any Secular Person or Power, not only Sacrilege, but contrary to the Fundamental Laws of the Land, and to the Principles of Justice and Common-honesty. SOme there are that have attempted to persuade the World, that the Devil is not so black as he is painted; and that the name of Sacrilege, or its appropriation unto the invasion of Church-Lands, is but a trick and device, a mere bugbear to affright conscientious and fearful men from their laying hands on those sweet possessions of others. To make this the more specious, and withal, to unravel the force of all the Arguments that have been laid before the World to discover the iniquity of it, they have at length found this new artifice, to heap together the various senses of this word Sacrilege, some Proper, some Metaphorical; to show that it had been used in relation to Persons, Words, Places, and Things: and thence they infer, That if such or such a thing be Sacrilege, than this is not. After which way of discoursing, I believe any wickedness in the World might be freed from the imputation of guilt or enormity. I may as well argue, that because Idolatry is called Adultery, and Incest Fornication, that there is no other Adultery or Fornication; that because Murder is used in many senses besides, therefore wilfully to kill a Man is no Murder: And so in every transgression that can but have a Metaphorical sense, or be referred to more objects than one. It might indeed have concluded thus, There are other sorts of Sacrilege, therefore this is not the only Sacrilege. But now, because men are ready to reject, or at least not to have any great regard unto such things, where variety of Opinions taketh off the edge of Arguments, and will never allow themselves convinced, if there remain any Loophole through which they can peep; I shall endeavour to make good this Proposition: That Church-Lands and Revenues cannot be alienated from the Clergy, nor invaded by any Secular Persons or Powers, without a wilful and determinate violation and breach of the Fundamental Laws of the Land, and of the Principles of Justice and Common-honesty. And truly, if this be made good, we shall not so much need to dispute the signification of Sacrilege: For in a Christian State and Kingdom, none will believe That an ungodly invasion of the Rights of others, can be countenanced or endured; especially where the Law speaks no less than Death to little Robbers on Highways, to Pirates on Seas, and makes Thirteen pence half penny by violence or wrong taken, inexpiable, unless it be by the blood of the Criminal. Nay, any thing taken above the value of twelve pence, without the consent of the owner, is felony by the Law, Stamford fal. 14. b. Stat. West. 1. cap 15. Furtum est contrectatio rei alienae pluris quam duodecim denariorum valentis, animo furandi, invito illo cujus res illa fuerit Theft is the seizing of the Goods of another above the value of one shilling, with an intent of stealing, and without the consent of him to whom it belongeth. Nor do I know any other way to specificate Theft, than the Property of the Possessor before it be taken, and the ignorance or unwillingness of the Possessor to part with it. And therefore the Law determines, that the stealing of Wild Beasts, or Fishes out of a River, which have liberty to change their places from one persons Royalty to another, shall be neither Felony nor Larceny, because they are nullius in bonis; Stamford fol. 25. b. and so for TREASOUR TROVE, for Treasure found, if it be taken, not Felony, Quia Dominus rerum non apparet. But to take even these very things is yet unlawful, because (to whomsoever they belong, yet) they belong not to him that taketh them, having no right to them. How then and with what pretence can any greater and more valuable rights be alienated from Possessors without their consent? Justice it is, suum cuique reddere, to render every man that which is his; and it is common honesty, to be content with our own: so that, that which justifieth a Possession is Property or Right, and that which gives boundaries and security to Property and Right, are the Laws. Not that there was any other Original of Property, but the Law of Nature; and so, even that Eighth Commandment insinuates, for if there had not been property, to take from another could not be to steal; so that as thou shalt kill, doth defend the life of a man which he hath most right to; Thou shalt not commit Adultery, doth intimate the propriety that every man had in his own Wife; so, Thou shalt not steal, doth intimate the propriety that every man had in his own Goods and Possessions: And thence ariseth that Maxim of the Civil Law, Jure naturae aequum est, Pomponius, Lib. 9 neminem cum alterias detrimento fieri locupletiorem. Hence it is also that Religion ever so vigorously asserted, and all humane Laws ever defended Property. As early as Abel and Cain, we see a Property of Goods in the Flocks of one, Gen. 4. and the Husbandry of the other; from which each man brought his Offering, which truly would have been but a dull present, if it had been out of the stock of a Community, where the right of all might have made the gift of any one of a small account; and he that was most Religious, would have but commended his service to God, by that which cost him little or nothing. 1 Reg. 24.24. Much less would the fatness of the Sacrifice been noted by God himself: Obtulit Hebel de primogenitis gregis sui, & de adipe eorum. Which first-fruits or first-lings, doth signify the prime or principal, expounded by the fat in that verse; and by the Apostle accordingly, Hebrews 11.4. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, praestantius & majoris pretii sacrificium; a better and more valuable Sacrifice. And therefore on the consideration of the Petition of Right, An. 1640. Anno 1640. the Convocation, holden at London, agreed this, amongst other Articles, Though Tribute, Customs, Aid, and Subsidies, and all other manner of necessary support and supply be respectively due to Kings from their Subjects, by the Law of God, Nature, and Nations, for the public defence, care, and protection of them; yet nevertheless Subjects have not only a Possession of, but a true and just Right, and Title, and Propriety to, and in all their Goods and Estates, and aught for to have. And these two are so far from crossing one another, that they mutually go together, for the honourable and comfortable support of both: For as it is the duty of Subjects to supply their King, so it is the part of the Kingly Office to support his Subjects in the propriety and freedom of their Estates. And truly all Magistrates are to guard this; therefore it was the less wonder that that brave Roman Emperor should make his whole Army stand still to do right to a poor Widow. But to this chief are the Kings of this Island so much obliged, that it is the principle Article of the Coronation Oath, which the King sweareth to maintain. Sir, Will you grant, Archbishop. keep, and by your Oath confirm to your people of England, the Laws and Customs, to them granted by the Kings of England, your lawful and Religious Predecessors; and namely, the Laws, Customs, and Franchises, granted to the Clergy by the glorious King St. Edward your Predecessor, according to the Laws of God, the true Profession of the Gospel established in this Kingdom, agreeable to the Prerogative of the Kings thereof, and the ancient Customs of this Land? King. Ex Libro Regali. I grant and promise to keep them. To which he afterward sweareth. Now the Rights and Franchises granted by St Edward first, are contained chief in the Magna Charta, and in the Charta de Foresta, 9 Hen 3. made 9 Hen. 3. of which this is the History. This poor Island torn to pieces by innumerable Factions, for the support of the particular dominions of the Heptarchy, was at last gotten into the hands of Canutus the Dane, An. Christi 1018. yet so as by Conquest, where all under his subjection were at his mercy; for, wherever a Kingdom is overrun and grasped by Conquest, the Kings will is the only Law. Quod principt placuerit legit habet vigorem. The Kingdom in this condition descended to St. Edward, An. 1043. called, for his excellent Holiness, the Confessor; who considering the uncertain estate of a Governor, who hath nothing but the point of his Sword to guard him; considering that the surest fortress was the love of the people, and withal, that nothing could gain so much upon their affections as Liberty and Emancipation; he took this course to caress them; to infranchise them, and remit the standing Revenue that had been formerly paid to the Crown, in acknowledgement of their Vassalage, called Daneguilt; being 40000 pounds per annum. And that their Persons, or Estates, might not be subject to the Will of any violent person, but be protected by a Law, he digested a body of Laws out of the Customs and Ordinances of four Countries, An. 1044. which was the beginning of our Common Laws. But when William Duke of Normandy came on this Kingdom, An. 1066. and made a new Conquest, his Sword cut all former Charters asunder. Those that were then his Vassal, must submit to his pleasure both for Lives and Estates. He that had gotten a great Kingdom with great dangers and difficulties, used the English with little Mercy. The whole Nation was in such a condition, that they knew not what to call their own. Stow's Chron. He deposed the greatest part of the English Nobility, and distributed their Earldoms, Baronies, Bishoprics, and Dignities to his Normans: On the Commons he laid what Restraints, Burdens, and Bridles he pleased. For thirty Miles together in Hampshire, without Mercy or Conscience, he depopulated and laid waist a great number of TOWNS, VILLAGES, and CHURCHES, without any satisfaction to the Inhabitants, to make a Chase for Wild Beasts, which is now called the New Forest. He charged, at his pleasure, what Soldiers he pleased on the Bishops, Earls, Barons, Shiriffs, etc. He caused the whole Kingdom to be Surveyed in a book, to understand what Land every Baron did possess, how many Knights-fees, how many Plough-Lands, how many Villains, how many Beasts or Cattle every man possessed within this Kingdom, Such strange do continued all the time of Will. Rufus. from the greatest to the least; and (as the Historian affirms) the Land was full of mischiefs that came of this doing. Hen. 1. his Son, well weighing the sad inconveniences of this Tyranny, took other courses; He restored the state of the Clergy; Ans Reg. 1. he assuaged the grievous payments; restored again St. Edward's Laws; and at length, gave once more a manumission and complete emancipation to the Kingdom, Stow's Chron. and made us a free people: Afterwards confirmed and ratified by the Magna Charta, and Charta de Foresta, in the 9 year of the Reign of Hen. 3. Which particularly, and in the first place, doth enfranchise the Church: 9 Hen. 3. c.1. We have granted to God, and by this our present Charter have confirmed for us, and for our Heirs for evermore, that the Church of England shall be free, and shall have all her holy Rights and Liberties inviolable. And truly, before the Promulgation of that Charter, all the Kingdom were Slaves, and at the will of the Sword, both for their Estates and Lives. Nay, even after this Charter, many great Pregogatives were claimed and held by the succeeding Kings: As the bestowing of the youngest Daughter of any deceased Baron in Marriage, as he pleased, with all her Father's inheritance; although the Eldest were Married in their Father's life time, and with his liking. Si aliquis Baro dicti Domini Regis, tenens de Rege, obiisset, & non haberet haeredem nisi filias, & primogenitae filiae maritatae sunt in vita patris; Dominus Rex daret postnatam filiam quae remanet in haereditate patris alicui militum suorum, cum tota haereditate patris sui, de qua obiisset seisitus; ita quod aliae filiae nihil reciperent adversus postnatam filiam in vita sua. Et omnes Reges habuerunt hanc dignitatem a conquestu. And some Prerogatives continue to the Crown at this day of a like nature, notwithstanding the Property of the Subject by the great Charter: As, in defailance of Heirs, the King inherits, so that the last Possessor, cannot dispose or alienate it by Will. In Treasure Trover, in whose Land soever found, it goes not to the Proprietor of the soil. In the case of Mines discovered of perfect Metals, they go to the King in whose Land soever they are found. Now although this great Charter was so early granted, yet some succeeding Kings invading the Property of the Subjects, and Ruling according to their own Lusts, was the occasion of those fearful Civil Cammotions, called the Baron's Wars: Particularly the insolent and intolerable Violence and Tyranny of King John; Stow's Chron. in the Reign of K. John. For there were many Noble men's Wives, and Daughters, whom he oppressed and defiled; othersome with great Exactions he brought into great Poverty; the Friends and Parents of some he banished and turned their Inheritances to his own use, Anno 12 13. An. 12 13. He disinherited some Noble men without judgement of their Peers: He Robbed Baynard's Castle in London: Poisoned Maude the Fair, because she would not consent to his Lust: After he had spoiled Religious Persons (when the foulness of those Practices were like to undo him) he constrained them to give him writings, wherein they acknowledged that they had willingly given him all that he had with Violence taken from them. This was the cause that the Barons so determinately demanded the confirmation of the Magna Charta, and Charta de Foresta, of that Hen. 3. his Son and Successor, without which they looked on the whole Land to be perfectly enslaved. This he granted; and it was with all possible Faith and Assurance publicly ratified. And this is the Fundamental Law of this Land, concerning the Right and Property of every Subject, both Lay and Clergy: And if this be broken, there is no security of any Man's Possessions. Nay, even those that hold by Escuage, Serjeancy, or by any other services, if they perform those services as they are due, no Power without illegal and unconscionable Violence and Oppression, can Invade or Disseise them, without their consent, this being a common Principle and Maxim in all Laws, Quod nostrum est, sine facto nostro transferii non potest: That which is mine, without my deed cannot be transferred to another. Thus far it is visible and clear, that by apparent Right, and by the Fundamental Laws of the Land, that the Clergy stand on the same Basis and ground, in their Estates, and Possessions, with the Laity. And lest it should be doubted, what Liberties are intended to be granted to them, the Laws have (in many things) explained them. As, the right of Advowsons' and Presentations, that belong to the Church to be kept inviolable, 25 Edw. 3.3.7. 25 Edw. 3.3.7. The right of their Forests, and Chases, and Parks to the Archbishops and Bishops. Charta de Foresta, Charta de Foresta, c. 4. 9 Hen. 3. Mag. Chart. c 37. cap. 4. The Liberties of all their either Rights and Possessions: Magna Charta, cap. 37. All that even before the Conquests of Danes or Normans had belonged unto them, such as an exemption from Murage, Pontage; Cook. Inst. vol. 2. fol. 1, 2. Fitzherb. Nat. Brev. fol. 175. Cook Institut. vol. 2. fol. 1, 2. An exemption from Secular Offices. Si home qui tient certain terres ou tenements par reason de se terres dever estre elect bailie, ou Reve, ou en auter tiel office pour se terres, ore si tiel home soit fait Clerk, ou deins sacres Orders, donc il ne devan estre elect pour se terres en tiel office. And if he be returned in such an Office, by the King's Writ he shall be discharged; the words of which Writ are these, Cum secundum leges & consuetudines Regni nostri Angliae infra sacros ordines constituti ad officium Ballivi, etc. eligi non debent. And again, Acceperimus quod magistrum C. Officium Ballivi, etc. manerii de. L. assumere compellere nitimini in ipsius grave damnum, & contra legem & consuetudines supradictas. Precipimus quod districtioni & compulsioni, etc. omnino supersedeatis, etc. An exemption from distresses on Glebes of Ecclesiastical Live: A Writ being issuable, Id. fol. 174. Quod distress ne soit pris en le Glebes de Parsons, ne Vicars, ne altar Minister found sur le Statute, de Articulis cleri: cap. 6. the words of which Writ are these, Rex Vicicomiti salutem, etc. 9 Edw. 2. Cum nuper ingressus fuisti in terris & tenementis Rectoriae de C. & Dominum. S. graviter distrinxisti, & indies distringere non desistis in ipsius prejudicium & libertatis Ecclesiasticae manifestam laesionem, & contra formam Articulorum de Clero, etc. Nos libertates Ecclesiasticas illaesas observari volentes, precipimus, etc. An exemption of the Clergy from paying Subsidies among the Laity, or by their taxing: In which case a Writ also lieth, Id. fol. 176. Rex taxatoribus X. & XV. per communitatem Regni nostri Angliae, nobis ultimo concessarum, etc. Vobis mandamus quod S. Prebenda de B. in propriis bonis suis quae inter Spiritualia ad decimam taxantur & de quibus dat nobis decimam: ratione X. & XV. nobis per Laicos concessarum non molestetis sive in aliquo gravetis, etc. To exempt them from * Nor did our Law allow more in this than the Pagan Prince Artaxerxes allowed to the Jewish Priests and Levites, Ezra 7.24. who commanded that they should not impose Tolls and Customs on them. Passage, Castleguard, Murage, Pontage, etc. A Writ also lieth, That no Prohibition shall lie against the Proceed of Ecclesiastical Courts in case of Tithes, Mortuaries, Oblations, or Commutation of Penance on the instance of an Offender: Art. Cleri. 9 Edw. 6.2.1 2.3. That the King's Prohibition shall not lie in Excommungement, unless where the King's Liberty is prejudiced: Art. Cleri. cap. 12. 9 Ed. 2.12. And several other the like Liberties and Immunities. Nor do the too frequent and impudent Rapines of violent and tyrannical Powers, make the depilation of the Church, or the plundering of the Clergy become ever the less Illegal or wicked, A facto ad jus. non valet consequentia. any more than frequent Rapes and Adulteries, or numerous Piracies and Robberies can change the nature of those facts, and make them ever the less Villainies. So that when on one side, we shall read in our Chronicles, Matthew Paris. the Simony of William Rufus; or on the other side, Will. Malmesbury. his encouragement of the Jews to fight against the Christians, promising that if they overcame, he would become a Jew. We judge his Justice and Religion to be much of a sort, in one and the other. Stow's Chron. For King John to spoil and plunder the Clergy; or to disseise his Barons, to condemn them without judgement of their Peers, and convert their Estates to his own use, are practices a like justifiable by the Fundamental Laws of this Land. And who would not have taken it to have been a complete character, that that insatiable gulf of Lust and Avarice, Hen. 8. gave of himself, that he never spared Man in his Rage, nor Woman in his Lust; if he had added but this one thing more, that he never pitied the helpless in his greediness? But those practices against his own Servants, and these against God's Church, have a like countenance by the Fundamental Laws of this Kingdom, and more became a Robber than a Prince; for Subditos spoliare & opprimere, non regnum est sed latrocinium: To spoil and oppress Subjects, was more like a Robber than a King. Nay, it is not to be questioned, that this design of his, for the spoil of the Church, had went on, whether the Parliament had enacted it or no; for in the year of our Lord 1532. Hen. 8.24. & Anno Regni 24. He suppressed the Collegiate body of the Holy Trinity in London, and gave their Plate and Lands to his new Favourite and Keeper Sir Thomas Audley; and did not tarry for the Act of Parliament, which came not forth till the year of our Lord 1535. 27 H n 8. & Anno Regni 27. Nor durst the Parliament do less than humour him, for fear of their heads; he had so awed them, in not sparing the blood of their Predecessors. And those who had the greatest integrity and courage, he quickly cut off out of the way of his designs. But do you judge now, would it not have been thought a blessed and a just act of himself and the Commons, had they thus cut off the Revenues of the Barons? or if himself and the Lords had thus devested the Commons of their Estates? or if himself and the Clergy in their Convocation had thus enacted the disseizing of the Laity? But good God What will not a powerful Lecher do, when Revenge and Gain spur him on one side, and he is sure to meet with nothing but helpless tears and words to oppose him? It is certain, there hath not been in the whole World so great a dishonour, and so vile a scandal to the Protestant Religion, as the impious practices of this dissolute Prince. And yet after all this, that he might gather together the fragments of this shipwrecked honour, which he had so rashly prostituted in the sight of all Christendom, he began at length to stick some little Feathers of the Geese that he had plucked, and made some small show of Love to the Church whom he had Ravished, by raising, towards his latter end, here and there a little Bishopric, which by their endowments may be discerned to have proceeded from a very moderate zeal, and by the slenderness of their Revenues, in respect of the rest of the Kingdom; as the Bishopric of Oxon. 31.32.33. Hen. 8. valued in the King's books at 354 l. 16 s. 4 d. ob. founded Hen. 8.33. Peterborough valued per annum in the King's books 414 l. 19 s. 11 d. founded Hen. 8.31. Gloucester valued per annum 315 l. 17 s. 8 d. Hen. 8. 31. The Bishopric of Bristol valued per annum 338 l. 8 s. 4 l. Hen. 8.31 c. 9 And although he fingered the Revenue of the Bishopric of Norwich, yet he substituted other Lands, and, to excuse the exchange, alleged that they were of more value than those he took, as is expressed in the Statute, Hen. 8.32.47. 32 Hen. 8.47. This was a poor pittance in proportion to that he took, and yet was engaged by his Promise and Princely Word, to advance the glory of God; without which, the Commons (notwithstanding that dastardly fear they were possessed with) would never have past that Act for the Dissolution, 27 Hen. 8. So that we have a here fair example, how much such persons design the glory of God, or any countenance to Religion. Nor doth that argument, which some have brought from any emergent Necessity of Affairs for any robbery or depilation of the Church, signify any more to justify such a proceeding, than the former, brought from a number of impious facts. For first, Evil is not to be done that Good may come of it; and such it must be confessed to be, to take away men's Properties, and to spoil the Innocent. Nor is every thing that is called a necessity, such indeed; or if it were, Justin. jastitut tit. digest. 162. Quae propter necessitatem recepta sunt, non debent in argumentum trahi. Nor is it equal for any sort of men to spoil and disseise another sort on the pretence of pure necessity, when it is indeed to the security and ease of themselves; for this were to make those that are Parties Judges, which no Law ever allowed, nor themselves would be content to suffer: Or supposing that necessity should supersede all right; supposing, it should be lawful, Caiaphas' Maxim, Joh. 11.50. to kill one Man to save a Nation, or to undo one sort of men, to save the rest; and withal, that such a necessity should fall on this Kingdom, I would fain know by what Law of God or Man, the Clergy only should be the devovoted people, and that their maintenance should be sacrificed more than the Estates of others? joseph's example in Egypt will hardly allow this, who for the preservation of the Lives of the Egyptians, when he took the Estates of other men to the King's advantage, Meddled not with the Lands of the Priests, Gen. 47.26. but left their Revenue as free as Pharaohs, much less did he sell it to maintain or ease others. If necessity must fall, let it fall on all men alike; Where all lift together the greatest load will become portable. And truly, Maxim of the Common Law. In pari necessitate potior est conditio possidentis: In like necessity the condition of the possessor is most advantageous. The Law tells us, Bracton Lib. 2. fol. 12. that the Church is in the condition of aminor: Ecclesia fungitur vice minoris. And it is a strange piece of degenerous inhumanity to spoil a minor. Justin jastitut tit. digest. 110. §. 2. Pupillus pati posse non intelligitur. That Pupils should be exposed no Government ever allowed or endured. 'Tis true, there are some causes for which Clergymen, as well as others, may be disseised, as in case of Treason, and the like. Mag. Char. cap. 29. But no man must be disseised before he is convict: Nor, when he is convict, can he lose more than he had, which in Ecclesiastical preferments is only for the life of the Clerk; after his death, they do cedere successori, go to the successor. And in the vacancy no waist is suffered by the Law, 14 Edw. 3. pro Clero, cap. 4, 5. in Manors, Parks, Ponds, or Warrens, etc. no fines are to be levied of Tenants, nor any under woods to be felled, nor any other thing done which may tend to the disherison of the Church: 14 Edw. 3. c. 4. & 5. pro clero. Nor will any consent of the possessors, if they should be so perfidious, make an alienation ever the more legal; for though they are usufructuaries, their interests extend but to their own times. Ulpian. lib. 46. Nemo plus juris ad alium transferre potest quam ipse haberet: No man can transfer to others a greater right than himself had. And if such Estates should ever discontinue from that use and end, whereunto (by the grants and wills of the Donors) they were originally designed, they ought both in Equity and Law, to return to them again, or to their Heirs. This is certain, that it is the most reasonable thing in the World, that every man should do what he thinks fit with his own; and this is as certain, that to pervert or frustrate the Will of the dead, is most inhuman. Testamentum authenticum nullus abrogat aut aliquid ei superaddit, Gal. 3.15. A Testament though it be but a man's, yet no man disannulleth, or addeth thereto. And truly, if the designs of those Donors should ever be frustrated, why should the Estates go any other way than to their Posterity? For this is most sure, That if they could have but suspected, that these Estates should ever be taken from those bodies to whom they granted them, they would never have granted them from their own families. And therefore that Oracle of the Law, my Lord Cook, Cook on Littleton, Lib. 1. fol. 13. plainly affirms, That if Lands be given to a body Politic, such as a Mayor and Communality, or to a Dean and Chapter; if the body Politic be dissolved, the Donor, or Grantor, and his Heirs shall reenter. And this Law is so far from being New, or the judgement of a private person, that it was urged by Edw. 3. in the like case, against the Pope, in a Letter written to him. For whereas the Pope, to make the dependence of all Clergymen more absolutely on himself, had usurped a Power of disposing of Bishoprics, and other Ecclesiastical Dignities, without Elections of the Chapters: The King in the behalf of the Crown, let's him know, This Lerter is to be seen in Tho. Walsingham. That forasmuch as at the request of divers Popes, his Progenitors had graciously given the Authority of Elections unto the particular Chapters, that if he would not suffer them to use that freedom and Authority that was so given them, that right devolved again on the first Grantor, which was the King. The equity of this Law was so obvious, that the Pope a long time after never interposed. For it is sure, that no distance of time can defeat succeeding Heirs of their right. Qui per Successionem, quamvis longissimam, defuncto haeredes constiterunt, non minùs haeredes intelliguntur, quàm qui haeredes principaliter existunt. This therefore is an implied and Condition of all Grantors (but withal a most equitable Condition) that where they cannot have their Ends, which are so honourable and pious, their Grants should return unto themselves, or (which is * Viventis enim non est haeres. A Max me of the Common Law. Cooks Instit. equivalent) to their Heirs; which no Succession can spoil him off. But methinks there is one thing more that puts the Right and Interest of the Church, in their Lands and revenues, out of all dispute in the World; and makes them appear by Law to be steadfast and unalienable for ever; and that is the Terms that the Laws bestow on Lands that are dedicated to Religious uses; viz. that they are in Mortmain, which is thus defined. Mortmain est lou terres dones a Deane & Chapter, ou a un altar Company que sont corporate per le grant du Roy, donque cest terre est devenu en mortmain. Mortmain is where Lands are given to a Dean and Chapter, or to any Corporation which are incorporate by the Kings grant, than this Land is come into Mortmain; that is to say, into a dead hand. So that what is confirmed by Law so given; to take it again, is just so much honesty, as it is, to rob the dead. Magna Charta cap. 36. 7 Ed. 1. W. 2. c. 31. 13 Ed. 1.34. Ed. 1.15. Ric 2. c. 5. 23 Hen. 8. c. 10. Now although the Statutes of Mortmain do determine that all things for the future given in Mortmain without such a legal Licence and allowance as they appoint, shall be void, and return to the Lords of the Fee, and for their neglect to the King; yet doth this (beyond all question) ratify all such Estates given before those Statutes, or at any time since those Statutes given with such Licence; for the obtaining of which Licence this is the process, that a Writ be issued out of the Chancery, ad quod damnum, that is; whether such a Donation be any way detrimental to the King or others; and if the Inquest returneth that there is no wrong to the King nor others; the King grants his Licence, which then makes them firm and unalterable (where, by the way, we may take notice how strictly our Laws protect men's properties; that no man shall be wronged, although it be for the sake of God; much less, that God and his Servants shall have their properties alienated to others (without their consent) the words of the Writ are these. Fitz-Herbert Nat. Brevium Briefe ad quod domnum. Rex dilecto sibi J. de R. Escheatori suo in comitatu L. salutem, Praecipimus tibi quod per Sacramentum proborum & legalium hominum, de baliva tua, per quos rei veritatem melius sciri poterit, diligenter inquiras, si sit ad quod damnum, vel prejudicium, nostrum, vel aliorum, si concedamus B. quod ipse unum mesuagium, centum acras terrae, Decano & capitulo de M. & eorum successoribus, dare possit, & assignare. What then can be more clear than this, that if Lands given in Mortmain without the King's Licence, since those Statutes, shall be forfeit; then those Lands given before those Statutes; or since those Statutes with such Licence, are confirmed; this being a most confessed axiom amongst all, Cook Institut. lib. 1. cap. 1. Sect. 3. Exceptionem confirmare regulam. That an exception confirms the rule. To be plain, the interest of the Church is so steadfastly founded by the Laws of England, that those that have been any time the Authors of Sacrilegious-designes against the Church, have thought it their most successful method, to bring some slurres and contempt, on those that are the dispensers of public Justice, and whose continual studies and business the Laws are; and therefore (besure, as there shall be occasion) they will speak meanly and unworthily of them, that they may be thought to be persons of little use, or illends. Nay, sometimes have the professors of the Laws, (when there have been aims at the spoil of the Church) been prohibited the Parliament (that they might do things without consideration of right or wrong, of what is legal or illegal) and by express order, been rendered uncapable of being elected. As in 6 Hen. 4. Stow Chron. Anno 1402. The Parliament at Coventry was held without Lawyers, being by the Writ forbidden to be chosen; the words of the Writ are these.— Nolumus quod tu, sive aliquis alius Vicecomes Regni nostri praedicti, aut Apprenticius, aut alius homo ad legem aliqualitur sit electus. We will that neither yourself nor any other Sheriff, or under-sheriff, (for so I conceive the word Apprenticius signifies there) nor any other person any way relating to the Law, be chosen. On occasions of which, our Historians call this Parliament, Parliamentum Laicorum. A Parliament of mere Laics; For although this exceeding learned and excellent Function (which requires vast study and experience to perfect it) be not sacred, yet in the sense of our Laws they are Clerks too, that are exceedingly well read and Learned as Clergymen are, or should be. From which use of the name Clerk (by I know not what cause) there are no Pen and Inkhorn men now relating to the Law, termed Clerks but those that use Pen and Ink, in Courts, as Clerks of Parliament Roles, Clerks of Chancery, etc. But blessed be God that the Laws of this Kingdom are not so little cultivated or understood especially by Gentlemen of any note or account in this latter age, but that the interests of the Church and religion are sufficiently conceived, and that by the constitution of this state, the Lands, both of the Clergy, and themselves are so founded, that one cannot be attacked, or invaded, without a manifest wrong, to the very settlements, and freedoms of the other. And therefore little doubt that so many hundreds or thousands should ever combine, to do any acts of wrong and unrighteousness to them, and therein (besides the violation of their trust and consciences) weaken and enfeeble themselves and their posterities for ever. Nor have these Church-preferments been entailed to the offspring of the Peasantry, and common people, which (for the most part) have not ability to give Education unto their Children, to qualify them for such Offices; but have generally been the reward and support of some branches of the most ancient, and frequently of the most Honourable families of the whole Kingdom; insomuch as those that have been born to sit with Princes, have not disdained (by a sedulous and studious life) to fit themselves for those dignities. Nor did the Policy of any former ages esteem them ever the less qualified to serve their Princes, when they were so well prepared to serve God and his Church. This little Catalogue that I have subjoined, will let you see that the dignities of the Church have been the Seats for several of the greatest families of this Nation; which for the more speed I have set down promiscuously, without any orderly marshalling: Thus, Agelnothus Bishop of Cant. was Son of Earl Agelmare. Athelmarus Bishop of Winton was Son to Hugh Earl of March and Queen Isabel. Henry de Bloys Bishop of Cant. was Brother to King Stephen. Hugh de Pudsey Bishop of Durrham, was Earl of Northumberland. Boniface of Savoy Bishop of Cant. was Uncle to Queen Eleanor wife of Hen. 3. Richard Talbot Bishop of London, was Allied to the Talbots after Earls of Shrewsberry. Henry Beaufort Bishop of Lincoln was Son of John of Gaunt. Will. Courtney Bishop of Cant. was Son of Hugh Courtney E. of Devon. Giles de Bruse Bishop of Hereford was Son of Will. Lord de Bruse. George Nevil Bishop of Exon was Brother to Richard Nevil Duke of Warwick. Thomas Peircy Bishop of Norwich was Allied to the Piercies E. of Northum. Lionel Woodvil Bishop of Sarum was Son to Earl Rivers of Sarum. Thomas Vipont Bishop of Carlisle was Allied to Viponts then Earls of Westmoreland. Marmarduke Lumley Bishop of Carlisle was Allied to the house of Lumley's. Walther Bishop of Durrham was Earl of Northumberland. Julius de Medici's Bishop of Worcester was Allied to the house of Medici's in Italy. Nicholas de Longespee Bishop of Sarum was Son to Will. Earl of Salisbury Will Dudley Bishop of Durrham was Son of Jo. Lord Dudley. Walter de Cantilupo Bishop of Worcester was Of a great house in Normandy. Lewes Beaumond Bishop of Durrham was Of the Blood Royal of France. Thomas Arundel Bishop of Cant. was Son to Rob. Earl of Arundel and Warren. James Berkley Bishop Exon was Son to the Lord Berkley. Rich. Scroop Bishop Cou. and Litchf. was Brother to Will. Scroop Earl of Wiltshire. Thomas Bourchier Bishop Cant. was Son to Hen. Bourchier Earl of Essex. Roger de Clinton Bishop Cou. and Lichf. was Of the same family with Geofery de Clinton. Jo. Stafford Bishop Cant. was Son to the Earl of Stafford. Will. de Vere Bishop Heref. was Brother to the Earl of Oxon. Richard Beauchamp B. Hereford was Allied to Beauchamp then Duke of Warwick. Jo. Grandison B. Exon was Of the house of grandison's Dukes of Burgundy. Edmund Audley B. Heref. was Allied to Audley E. of Gloucester. Hen. Burwesh B. Line. was Nephew to the Baron of Leeds Jo. Zouch B. Llandaff. was Brother to the Lord Zouch. Hen. Beaufort B. Linc. was Allied to the Beaufort's E. of Dorset. Fulco Basset B. Lond was Lord Basset. James Stanley B. Ely was Brother to the Earl of Derby. Simon Montacute B. of Ely was Allied to the Montacutes then Earls of Salisbury. I might extremely enlarge this, if there were either time, room, or need so to do. And as for the Gentry, and the Lawyers, and Merchants, which according to the constitution of this Kingdom are to be had in no small regard; very few of all the Bishops of this Kingdom have been from any lower families than such; or if here and there one have risen from small beginnings, it hath been extraordinary merit, parts, and industry, that have been the means of their promotions. And such unthought-off advancement is common to the Laity, as well as the Clergy, amongst whom, many of the now highest rank, may attribute their rise purely to the grace and favour of Princes, who (as one saith) have so much of God in them (whose deputies they are) that they oftentimes raise the poor out of the dust, that they may set than with Princes, even with the Princes of their people. And although these preferments and dignities in the Church, have in this latter age, fallen more generally to the hands of such, that have been the Branches of Knightly and Gentile Families, and not to those that are the Sprouts of Peers, there is no reason that the Peers should envy this honour and advantage unto those Worthy Families, and neither accept of those employments themselves; nor be content that others enjoy them; there is no cause that while they esteem those advantages too small for the least Peers, they should conclude them too liberal, or splendid, for the best Commons. Especially when by a chargeable Education and a painful and industrious Life they have acquired learning and parts to be able to undergo them, to the glory of God, and the honour of their houses. It were most unreasonable and disingenuous, for the Nobility after themselves are entered into the Court of Honour to pull up a Draught-Bridg and shut to the Gates that none else may enter. There are but these two ways for the Commons by merit to aspire unto honours; by the Gown; and by the Sword. And if this way should ever be bayed up, the rest, of the paths of the Gown, would become so wondrous rough and uneven, that there would hardly any ready way for them to come unto dignities remain, but what they could dig out with the Sword. For, as for riches, It is much more uncertainly attained by all industry, than Wisdom and Learning; and if the rewards and encouragement of Learning and Piety should without all sense of Law, be ever withdrawn, we were likely to have Statesmen no further accomplished, than the sight of a Court, and the instruction of a Theatre could do it; which at most would be but this; that the first will teach them a fantastical dress, and the other as fantastical a Discourse; which would much prepare them to treat Ladies, but nothing at all enable them to contribute any thing towards the steering of a State. As now things stand, Religion and the house of God have something else besides their native purity and holiness, to invite the Gentry to take this Yoke on them; for if there be not a splendid, yet there is a convenient encouragement and maintenance for them; and if they are designed for other employments; the road by which they are to trace Learning (that must fit them for great undertake) is not without considerable helps. This (if I mistake not) is well enough understood; for there are very few families, especially under the Equestrial degree, but either have now, or have had some branches of them provided for in the Schools, University, or the Church, or in all of them. Who are now for the most part the Scholars of the Schools of the most ample foundations of Winton, Westminster, Eton, but gentlemen's Sons? who generally in the best endowed Colleges of the Universities, but gentlemen's Sons? And in the whole Churches of England, where there is one person dignified that is not, there are three that are Gentlemen. Nay, what Family under the degree of honour in the whole Kingdom, is there, that hath neither Son, nor Nephew, nor Father, nor Uncle, that are not, or have not been encouraged, if not maintained, by the revenue of the Church? I am sure, very few. And what ready way have Gentlemen that by misfortune, or illness of times fall to decay, to provide for their Children, but this? when none else will do any thing for them, the solicitation and mediation of their friends will prevail that the most hopeful and promising of their offspring will in this prudent and Religious manner be provided for. Whereas if ever the revenues of the Church should be taken away, the consequent will be inevitably this; Learning shall decay, such Families be helplese, and Religion as a low and contemptible thing come into the hands of none but those, that are, the Foece plebis, of the Scum and basest of the people. And whereas those Harpies that gape for the spoil of the Church, to consume it on Fiddlers and Whores, do usually suggest the Prodigality of their Predecessors, in so liberal endowment of the Church: as if all the maintenance of the Clergy, and all the endowments of Schools and Colleges; and as if all the public buildings, the monuments of piety and charity of the former Ages, had been Money out of their Purses, and merely the good works of the Laity only; this is a very gross error and mistake. I cannot indeed deny, but God hath in all times raised up some Pious and Munificent persons amongst them to be benefactors, especially by several Godly Kings to do glorious things to the encouragement of Religious men, (and truly of whom should good be expected if not of those whose Office it is, to be nursing Fathers to God's Church) yet many of the most ample foundations, and the best endowments for Learning, and Piety, have been shafts from the quiver of Clergymen themselves, especially when they lived single, and made Conscience to leave their Inheritances in the Lap and Bosom of her from whence they had received it. This the Law itself confesseth; and therefore although in the Statutes of Mortmain before mentioned, there is so perfect an investiture of the Lands given (without leave first obtained) in the Lords of the Fee, and in their neglect in the King: yet if Prelates, Clerks beneficed, or any Religious person have purchased lands and have put the same in Mortmain, although they cannot show that they have entered by due process, after licence obtained, they shall yet be gently received to make convenient Fine, 18 Ed. 3. pro Clero. cap. 3. 18 Ed. 3. pro Clero. cap. 3. I might fill a Volume if I should attempt to give instance in all particulars of the pious works and Endowments that the Clergy in former Ages have done. But as a taste of the rest, I shall only give examples of some of the most conspicuous and visible of them; such as Colleges dedicated to Learning, and Churches, especially of the most stately and magnificent structure, dedicated to the honour and worship of God, and the like public monuments; which I shall set down promiscuously, as they follow. Christ Church in Canterbury (i e.) the Fabric now standing Built by Arch Bishop Lanfrank, and continued by William Corboyle, and perfected by their successors. Our Lady Church in Sarum was Founded By Richard Poor Bishop of Sarum, and finished by Bishop Bridport. St. Andrews Church in Wells that now stands was first Founded By Bishop Robert, 18th Bishop of that See; and finished by Bishop Joseline. St. Peter's Church in Chichester new built by Radulph 3d Bishop, after that was consumed by fire, was rebuilt by Sissifridus. St. Mary's Church in Lichfeild which now standeth was built by Roger de Clinton Bishop of that Diocese. St. daniel's in Bangor after it was ruined by the Revel Owen Glendowr, was built by Henry Deane Bishop of Bangor. Trinity Church in Winton now standing begun by Bishop Walklin continued by his successors, finished by William of Wickham. St. Mary's Church in Oxon Founded by Dr. Fitz James afterward Bishop of London. St. Peter's Church in York, which now standeth erected by Tho. the 25th Bishop of that See. The Church of Ely that is now standing, built by Bishop Norwold, Kidall, and others. The Cathedral Church of St. David's, built by Peter 48th Bishop of that Diocese. St. Peter's in Exeter as now it standeth To Warlwast Quivil and Grandison three oweth itself to three Bishops of the same See. The stately Structure of the Cathedral Church of Gloucester was first Founded by Aldred Archbishop of York. The now standing Cathedral Church of Hereford was the work of Bishop Reinelme and his successors. The Cathedral of Lincoln was first Founded by Bishop Remigius enlarged by Alexander, and perfected as now it is by Hugh of Burgundy his successor. The Church of Saint Paul in London, having once before been burnt and consumed with fire, was rebuilt by Mauritius, Richardus, Bishops of London, and others their successors. The Trinity Church in Norwich was first built by Herberius josinga Bishop there, and being twice burnt was twice after rebuilt, the first time by John John of Oxford, the Second time by Bishop Meddleton. The Church of Peterburgh afer it was burnt by the Danes was again built by Ethelwoldus Bishop of Winton. The Cathedral Church of Worcester was new built, by Oswald the 18th Bishop, but after it was burnt by the Danes, it was brought to that perfection it now hath, by Wulstan a succeeding Bishop. St. Andrews Church in Rochester was rebuilt by Gundulphus Bishop of that See. The Cathedral Church of Durrham was Founded by Aldwynus Bishop of the same. That which now standeth was begun by Bishop William de Carileso, and finished by Ranulphus Flambard his successor. Magdalen Col. in Oxon with the Chapel annexed, was Founded by William of Wainfleet Bishop of Winton. Trinity Col. Originally Founded by Tho. Hatfield Bishop of Durrham. All-Souls Col. by Hen. Chichely Arch Bishop of Canterbury. Merton Col with the Chapel and Tower annexed, by Walter Merton Bishop of Rochester. Exeter Col. by Walter Stapleton Bishop of Exeter. Queen's College in Oxon, by Robert Eglishfield Chaplain to Queen Philip. Wife of Ed. 3. New Col. and the Appendent College and School of Winton, by William of Wickham Bishop of Winton. Lincoln College was Founded by Richard Fleming Bishop of Lincoln. St. John's Col. in Oxon Originally Founded, before the dissolution by Hen. 8. by Hen. Chichely Archbishop shop of Canterbury. St. Crosses Hospital and Church Founded by Henry Beaufort Bishop of Winton Catherine Hall in Cambridg Founded by Robert Woodlark DD. Jesus College in Cambridg Founded by Jo. Alcock Bishop of Ely. St. John's College in Cambridg was first Founded by Nigellus the Second Bishop of Ely, afterwards endowed and enlarged by Hugh Balsham a succeeding Bishop. So that it appears that many of the best and most ample foundations, of the most noble and admirable Piles and structures, of the most costly public works and buildings, that beautify Cities and Universities, that make this Kingdom famous in foreign parts; and that here serve for the glory of God, and the public good, have been founded and endowed by the Clergy. The bvilders of the first Tower in the World that we read of, were justly chastised with confusion of their Language, for their rebellion against God, for they said, Gen. 11.4. Let us build us a Tower whose top may reach to Heaven; not that they designed that it should indeed touch Heaven, for then the whole Plain in the Land of Shinar had been too little for the foundation, nay, it may be the whole Earth itself; but the meaning is, a very high Tower, such as might be a place of sanctuary to them, against any future Deluge. For whereas they understood that the Waters in the Flood prevailed on the earth but fifteen cubits upwards, as Cap. 7.20. they imagined that this mole (so much above the tops of the highest mountains) would secure them in the like case, and being made of Bricks too (which had endured the test of fire) might protect them from the force of that furious Element, which they had traditionally received, should be the means of a second destruction of the World. Thus they thought to elude Divine vengeance, and to arm themselves against the force of Heaven, which nothing is able to effect but innocency and holiness of Life. And truly had they not thus erred in the main, the other lower ends of this work would not have failed them, which they express in the next words; Let us make us a Name, lest we be scattered abroad upon the face of the earth: For certainly it was a very likely means to perpetuate their Name and Glory, and was besides, as a Standard to which they might at any time repair in case of dispersion. What these designed, though rebelliously against God, is really performed to us, by those noble and stupend structures devoted to God's honour; it gets us both a name, and is as standards for us to apply to in case of dispersion; as holy sanctuaries to fly too to seek the God of salvation; and cannot choose but be exceedingly the glory of the Nation, that is so much for the glory of the Lord. And this is a thing so confessed and certain, that Cromwell (that great enemy to every thing that was good) merely for the greatness of the Works, and because they were such Ornaments to the places where they are built, saved them from ruin, when nothing sacred was spared besides. But to conclude, If it were not for Cathedral Churches, and the Sees of Bishops, our Noblest and most renowned Cities in the whole Kingdom, would be of no more account than the poorest, basest, and most peddling Burroughs. John, Mayor of Brackley would govern as noble society of men, as the Lord Mayor of London; and Wotton-Basset contend with Bristol. For the Law defines a City thus, City est teil ville corporate que ad un Evesque & un Eglise Cathedral, A City is a Town-corporate, which hath a Bishop and a Cathedral Church. And so Cassanaeus affirming that there are in France 104. Cities, gives this reason of it, Pur ceo que la sont plusours Sees de Archievesques & Euesques; because there are so many Sees of Arch Bishops and Bishops. I know very well that there are too many factious and giddy people, that aim at nothing but parity and levelling in Churches, Cities, Clergy, and People, in all persons and societies; and that John may be a Lord, would have every Lord a mere John. They would debase and bring down all dignities and honours to the rate and seize of their own education and merits. But I spupose that I writ to men of sobriety and reason; to men that have honours or estates to lose; and such I believe do well understand that the only way to prevent ruin and confusion is the stability of the Laws, and the steadfastness and continuance of the constitutions and Sanctions of this Kingdom. Non capitur, qui jus publicum sequitur. He shall never be ensnared, that depends on the known and public Laws. But if this dependence be ever removed out of the hands of that generation of men that have fitted themselves for holy services, the Laws that gave a security of those encouragements, are turned into mere traps and snares to invite them into Offices, Dignities, and Employments, and there leave them exposed, naked, and derided. Just as some Factious persons would have the Act of Uniformity become to all the Sober and obedient Clergy of the Kingdom, (that when it hath (under the severe penalty of Deprivation) exacted a Subscription and an exact Conformity; and by this means, drawn in a vast number of men, that were not altogether so well satisfied in some particulars; because they would not incur the censure of unpeacable men, of Separatists, of being stiff and stubborn against Nationall Laws; thinking, that for peace and order sake, it was but reasonable to lay aside some contracted prejudices, and submit their private sentiments to the judgement of a Convocation and Parliament, especially for this, because they might not otherwise exercise their Ministry) that now some Law of Toleration should be made, to let in all the stubborn and unpeaceable, and consequently, make the most obedient and honest hearted Clergy, pass under the character of Cowards, Temporizers, Men of a large conscience, and the like, to their infinite reproach, and discouragement; the consequent of which (if it could be effected) would be inevitably this, that all sober and wise men (if in any thing they descent from the public opinions) shall be for ever discouraged from yielding up their apprehensions to the public quiet; lest when they have done it, they be exposed to scorn and contempt, for their obedience. There is no prudent Man (I conceive) can have so low and dishonourable esteem of the greatest and gravest Council of this Kingdom, the Parliament, to imagine that they should be so unsteadfast to themselves or others, to hearken to such suggestions, and so toss the Interests of the whole State like Shuttlecocks; or think so poorly of their Faith or Honour, that they should by severe penalties and strict Laws, hunt men into an intricate and troublesome duty and condition, upon hope of encouragement and reward, and then leave them in the lurch; or that Lawgivers should ever unravel the whole texture of the present constitutions, to set up unrighteousness by a Law. FINIS.