A SEASONABLE VINDICATION OF THE Supreme Authority and Jurisdiction OF CHRISTIAN KINGS, LORDS, PARLIAMENTS, As well over the Possessions, as Persons of Delinquent Prelates and Churchmen; OR, An Ancient Disputation of the famous Bohemian Martyr John Hus, in justification of John Wickliffs' 17. Article; Proving by 43. Arguments taken out of Fathers, Canonists, Schoolmen, the Supreme Authority and Jurisdiction of Princes, Parliaments, temporal Lords, and other Laymen, (who have endowed the Church with Temporalties) to take away and alien the Temporal Lands and Possessions of Delinquent Bishops, Abbots and Churchmen, by way of medicine or punishment, without any Sacrilege, Impiety or Injustice. Transcribed out of the printed Works of john Hus, and Mr. john Fox his Acts and Monuments printed London 1641. Vol. 1. p. 585, etc. With an Additional Appendix thereunto of Proofs, and Domestic Precedents in all ages, useful for present and future times. By William Prynne Esq a Bencher of Lincoln's Inn. Acts 1. 20. Let his habitation be desolate and no man dwell therein and his Bishopric let another take. Bernard. De Consideratione ad Eugenium. l. 3. Parvi dejectique animi est de Subditis non profectum quaerere Subditorum, sed quaestum proprium, in summo praesertim Pontifice nihil turpius. London, Printed by T. Child, and L. Parry, and are to be sold by Edward Thomas at the Adam and Eve in Little Britain, 1660. To the most Illustrious MONARCH Charles the II. BY THE Singular Grace, and Wonder-working Providence of Almighty God, of England, Scotland, France and Ireland KING, Defender of the true Christian Faith; and Supreme Governor over all Ecclesiastical Persons, as well as Temporal, throughout his Dominions. Most Gracious Sovereign, I Humbly crave licence to prostrate at your Royal feet, a learned Disputation of the famous Bohemian Martyr John Hus, in defence of our renowned John Wickliffs' 17. Article; largely evidencing the Supreme Authority of Christian Kings, and Temporal Lords, over the Temporalties, and Persons of Delinquent Prelates and Churchmen, backed with an Additional Appendix, (hastily compiled in the midst of my other distracting public Employments in few hours space,) not unseasonable, or unworthy public Consideration, in relation to ancient and late alienations of Abbots, Bishops. Cathedral lands, now under your Majesties and your Parliaments Deliberation, in order to their Purchasers satisfaction, for the prevention of future Animosities, suits, & establishment of Cordial Unity, Amity between all Your Subjects, after their many years sad Intestine bloody Schisms and Discords. The sole Occasion of this Publication, was the many late Petitions of Purchasers, and others complaining of some * Quem dabis mihi de numero Episcoporū qui non plus invigilet subd●●orum evacuandis marsupiis, quam vitus extirpandis? Ubi est qui orando flectat iram? Ubi est qui praedicet annum acceptibilem Domino? Pauci admodum sunt, qui non quae sua sunt quaerunt. Diligunt munera; nec possint pariter deligere Christum, qui a manus dederunt mammonae. Bernard. Sermo 77. supper Cantica. Bishops, & Churchman's covetousness, or averseness to give them such competent satisfaction for their Purchases, by new Leases or otherwise, as Your Majesty's Royal Declarations, the Commons-House Votes, and Your Noble General's Engagements, (in order to Your Highness' most joyful, peaceable Restitution to Your Throne) induced them to expect; and of their violent, or vexatious proceedings, contrary to Your Gracious Proclamation, and Commission. The principal design of it is, to Vindicate Your Majesty's ancient Sovereign Jurisdiction, with the Legal power of your Parliaments & temporal Lords, over the Possessions and Persons of the greatest Prelates, in cases of Delinquency, ‖ See Grotius de Jure Bell. l. 3. c. 10. War, or Public Necessity; and the Lawfulness of seizing, alienating their Temporalties, imprisoning, banishing, executing their persons for Criminal Offences, and Contempts (of which they have been frequently guilty) without any Sacrilege or Impiety. The contemplation whereof (I presume) will henceforth perpetually bind them to their good behaviours, both towards Your Majesty, your Parliaments, and People; and engage them to a charitable, sober, religious use of all their Temporal endowments, to a most heavenly, humble, world-contemning Conversation, a diligent faithful discharge of their Episcopal function, by a Acts 5. 42. c. 20, 21, 28, 1 Cor. 9 14, to 24. 2 Tim. 4. 1. 2. Rom. 15. 18. 19 20. Mar. 16. 16. daily constant preaching, fasting, praying, and administration of the Sacraments to the Souls committed to their pastoral charge; and to an emulous imitation of our pious, primitive Archbishops and Bishops, Wilfrid, Aydan, Ceadda and others, of whom a Eccles Hist Gentis Auglorum, l. 3. c. 4. 28. l. 4. c. 3. Venerable Beda, and b Actus Pontisicum Cant. col. 1636, 1637. Gervasius Dorobernensis render us this account: Non Equitando, sed pedibus ambulando, verbum Dei instantissime praedicabant. Tota tunc fuit sollicitudo Doctoribus illis Deo servire, non seculo; tota cura cordis excolendi non ventris. Nulla causa fuit sacerdotibus Dei vicos adeundi, nisi ut praedicarent, vel baptizarent, vel animas curarent. Cuncta quae sibi à Regibus vel divitibus seculi donabantur, mox pauperibus qui occurrerent erogate gaudebant. In tantum erant ab omni peste Avaritiae castigati ut nemo territoria vel possessiones ad construenda Monasteria à potestatibus seculi, nisi coactus acceperet. All their Oblations and revenues were c Beda Eccles. Hist. l. 1. c. 27. Spelman. Concil. p. 96. Surius Concil. Tom. 1. p. 359. equally divided into 4. parts. The 1. for the sustentation of the Bishop and his family, not in a pompous Lordly splendour, but sober and Christian hospitality; The 2. for the maintenance of his Clergy or Chapter; The 3. for the relief of the Poor; The 4. for the repair of Churches: and if any surplusage remained, it was bestowed in alms and other pious uses; not spent in Luxury or worldly pomp. No part of it was treasured up in the Bishops own purse to enrich himself, or Leased to, or bestowed on his wife, children, kenred, servants, or Courtiers as in later ages, (as real d Spalleto de Repub. Eccl. l. 9 c. 7. 2. 36. Bernard super Cantica Sermo 77. & Goncio ad clerum in concilio Rhemensi. Sacrilege as any now declaimed against.) Their Angelical and Evangelical Conversations, purchased them such veneration and high esteem among all sorts of people, e Gervasius Dorob. actus Pontif. Cant. col. 1636, 1637. & Beda. Ut ubicunque Clericus aliquis adveniret gaudentèr ab omnibus, tanquam Dei famulus exciperetur. Etiam si in itinere pergens inveniretur, occurrebant, & flexa cervice vel manu signari, vel ore illius se benedici gaudebant; verbis quoque horum exhortatoriis diligenter auditum praebebant. Et si quis Sacerdotum in vicum fortè deveniret, mox congregati in unum vicani, Uerbum vitae ab illo expetere, et operibus implere curabant. Such an Episcopal life as these then led in our Bishops and Clergy now (without future contests, f Lu. 22, 24, 25, 26. Vidos omnem ecclesiasticum zelum fervere sola pro dignitate tuenda? Honori totum datur, sanctitati nihil aut parum, Bern. de consid. ad Eugenium. l. 4. c. 2. which of them shall be the Greatest, Richest, Highest, but best, holiest, humblest) would speedily reconcile both them, their Purchasers and Opponents, yea produce such a reverend estimation and entertainment of their Persons and Ministry in the Laity, as Your Majesty by your most pious Declarations, Proclamations, Speeches, and unwearied Endeavours have exhorted, and conjured them unto; that so all your Subjects g 1 Tim. 2. 1, 2, 3. may henceforth live a quiet and peaceable life in all godliness and honesty, under Your most just and gracious Government; Which as it ought to be their daily prayer, so it is their bounden duty, and will be the only means of their future felicity. Let those h Deut, 33. 26, 27. everlasting Arms of the Eternal God, riding upon the heavens for Your help, which have so miraculously protected, supported, restored Your Royal Majesty to Your Kingdoms, and thrust out the Enemy from before You without sword or spear, for ever embrace, defend, preserve Your Sacred Person in perfect health and safety, to reign over them in all Prosperity, Tranquillity, Felicity and Glory, till extreme old age (and no other casualty) shall translate You from a temporal to an eternal Crown in the Highest Heavens; Which bath been, is, and always shall be the daily Prayer of From my Study in Lincoln's Inn, Novem. 24. 1660. Your Majesty's dutiful and Loyal Subjects, WILLIAM PRYNNE. An Ancient Plea in Justification of the late taking away, and Sales of Cathedral-lands, etc. IN the year of our Lord 1378. [a] john Fox Acts & Monuments, London 1641. Vol. 1. p. 563, 564. 565, 566, 587. john Wickliff in the University of Oxford in his Sermons and Writings publicly asserted, That the Lords temporal, may lawfully and meritoriously take away their Temporalties from the Churchmen offending habitually. That if any temporal Lord do know the Church so offending, he is bound under pain of damnation to take the Temporalties from the same. That it is lawful for Kings, in causes licenced by the Law, to take away the Temporalties from the Spiritualty sinning habitualiter, that is, which continue in the customs of sin, and will not amend. That whether they be temporal Lords, or any other men whatsoever they be, which have endowed the Church with Temporalties, it is lawful for them to take away the same Temporalties, as it were by way of medicine, to avoid sin, notwithstanding any Excommunication or other Ecclesiastical Censure; for so much as they are not given but under a conditon. The Bishops of England, conceiving their Great Lordly Minors, and Temporalties to be much endangered by these Positions of Wickliff, drew up these and other Positions of his into Articles of complaint against him, and sent them diligently to Pope Gregory the XI. at Rome, with other Articles of a different nature to the Number of 18. where they were condemned for heretical and erroneous by 23. Cardinals. Hereupon Pope Gregory sent his Bulls to the Chancellor & University of Oxford, King Richard the 2d. and the Archbp. of Cant. to apprehend, imprison and persecute Wickliff; who was thereupon summoned to appear before a certain Convocation of Bishops at the Archbishop's Palace in Lambeth; where he justified these Positions by reason, Scripture, Canon and Civil Law. After Wickliff death, 45 Articles being exhibited against him in the Council of Constance, and these 3. amongst the rest. That to enrich the Clergy was against the rule of Christ. That the Pope with all his Clergy having those possessions as they have, be heretics in so having; and the secular powers in so suffering them do not well. That the Emperor and secular Lords be seduced which so every the Church with ample possessions. Thereupon john Hus a most learned pious Bohemian Divine, particularly justified these Positions of his amongst others, against the censure of the Pope and Council of Constance, before the whole University of Prague in Charles College, in a particular Treatise, De ablatione bonorum temporalium a Clericis delinquentibus, printed at large in his Works in Latin, Novemb. 1558. pt. 1, etc. For the most part translated into English by Mr. john Fox, in his Acts and Monuments London 1641. Vol. 1. p. 595. Which Book all Archbishops, Bishops, Deans, Archdeacon's, and Canons Residentiaries, were bound to have in their Cathedrals, Halls and Great Chambers, that it might be publicly read by their Servants and Strangers, by the Canons made in the Provincial Synod of London, Anno 1571. p. 5, 6, 7. whereby this Doctrine of Wickliff and Hus is not only tolerated, but justified by them, as orthodox, and no ways sacrilegious or heterodox, as some now repute it. * Fox Acts & Monuments, Vol. 1. p. 595. &c, The second Disputation in the University of Prague, upon the seventeenth Article of John Wickliff, most fruitful to be read; proving by 25 Reasons out of the Scriptures, How that Princes and Lords Temporal have lawful Authority and jurisdiction over the Spiritualty & Church men, both in taking from them their Temporalties, and correcting their Doings and Deserts. TO the honour of almighty God, and of our Lord Jesus Christ, both for the trying out of truth, and the profit of holy mother the Church, according to the congregation of our University of Prage, which, avoiding always to do that which shall be prejudicial to the truth, hath deferred to give their consent unto the condemnation of the forty five Articles, wishing even unto this present sufficient probation to be given of the condemnation of the said Articles, and particularly of every one of them. Whereupon the said University doth always require due proof of the same, forsomuch as Pope Damasus in his canon distinction sixty eight chapter, Chorepiscopi, saith thus; That it is necessary that whatsoever thing standeth not by due reason should be rooted out. Whereby it appeareth, that the condemnation of the five and forty Articles, if it stand not with proof and sufficient demonstration for every Article, is necessary to be rooted out. But if any man will object and say, that to require a reason of every thing, is to derogate from God's divine power. Unto this answer Master William doth answer himself in his Philosophy, the first book, almost at the end; where he entreating of the place, in the second Chapter of Genesis, God made man of the slime of the earth, etc. hath these words; For in what point (say we) are we contrary to the holy Scriptures, if we seek by reason to declare wherefore any thing is done, which is said in the Scriptures to be done? For if that a wise man should say that a thing is done, and do not declare how it is done, and another man speaketh the very selfsame thing, and declareth how it is done, what contrariety is there? But for so much as they themselves know not the force of nature, to the intent that they might have all men partakers with them of their ignorance, they would have no man to inquire it out. But they would have us believe as ignorant people, neither to seek any reason of our belief, that the prophecy might be fulfilled; Such as the people is, such shall be the priest. But we truly do say, that in all things a reason is to be sought, An allegory upon the Paschal lamb. if it may by any means be found. But if that any man do stay at any thing which the Scriptures doth affirm, let him commit the same unto Faith, and unto the Holy Ghost. For Moses saith, If the lamb cannot be eaten, let it not be by and by consumed in the fire; but let him first call his neighbour which dwelleth next house unto him; and if they also be not sufficient to eat the lamb, then let it be turned in the fire. So likewise, when as we go about to seek any thing as touching the Godhead, and that we be not able of ourselves to comprehend the same, let us call our neighbour which dwelleth next house unto us; that is to say, let us seek out such a one as dwelleth in the same Catholic faith with us; and if then neither we, neither yet he be able to comprehend the same, let it then be burned with the fire of faith. But these men, albeit they have many neighbours dwelling near unto them, yet for very pride they will not call any man unto them, choosing rather to continue still ignorant, then to ask any question. And if they do know any man to inquire for his neighbour in such case, by and by they cry out upon him as an heretic; presuming more upon their own heads, than having confidence in their wisdom. But I exhort you to give no credit unto their outward appearance, for already it is verified in them, which the Satirical Poet saith; No credit is to be given unto the outward show: for which of them all is it that doth not abound with most shameful and detestable vices? And in another place he saith; They are very dainty of their speech, and have great desire to keep silence. And thus much hath Mr. Wilhelmus. Let all such hear whom this parable doth touch: for I with the rest of the Masters, Bachelors and Students of our University, considering how hard a matter the condemnation of the forty five Articles of Wickliff, without reason, is, and how grievous a thing it were if we should thereunto consent, do call together my neighbours, the Doctors of this University, and all others which would object any thing against the same, that we might presently find out the reason of the condemnation of this article, concernning the taking away the temporalties from the Clergy. Notwithstanding I do profess that it is not my intent, A Protestation, whereby he giveth light unto the Reader, how the proposition aforesaid is to be understood, and addeth, that the goods of the clergy are not utterly to be taken away but in case they do abuse the same. like as it is not the meaning of the University to persuade, that Princes or secular Lords should take away the goods from the clergy when they would, or how they would and convert them to what use they list. But our whole intent is, diligently to search out whether this Article, as touching the taking away of temporalties from the Clergy, may have in it any true sense, whereby it may be defended without reproof. Wherefore this Article, being the seventeenth in the number of the forty five is, propounded under this form: The Lords temporal may at their own will and pleasure, take away the temporal goods from the Clergy, if they do offend, and therein continue. It is thus proved: The Kings of the Old Testament took away the temporal goods at God's commandment from the Clergy; that is to say, from the Priests offending. Therefore the Kings of the New Testament, at God's commandment, may do the like, when as the Priests of the new law do offend. The consequence dependeth upon a similitude. And the antecedent is evident. First, it is proved by Solomon in the 3. of the Kings, 2. chapter, which Solomon deposed Abiathar the high Priest, because he had taken part with Adonias the brother of Solomon to make him King, without the advice either of David, or of Solomon himself, which ought to reign, and set up Sadoc the Priest in the place of Abiathar, because he had not consented with Abiathar unto Adonias, as it is written in the 3. book of Kings, 1. chapter, where it is said, Adonias, the son of Agithe, exalted himself, and said, I will reign: and made unto himself chariots and horsemen, and forty men which should 〈◊〉 before him neither did his father rebuke him at any time, saying, Wherefore hast thou done this? For he was very comely, being second son, next to A solon, and his talk was with Iamb the son of Sa●via, and Abiathar the Priest, which took part with Adonias. But Sadoc the Priest, and Benatas the son of joiada, and Nathan the Prophet, and Semei, and Serethi, and Felethi, and all the power of David's host, were not on Adonias' part. This was the cause of the deposing of Abiathar, because he took part with Adonias, that he should be King against Solomon the eldest Son of King David: wherefore it is written in the third book, and second chapter of the Kings; The King said unto Abiathar the Priest, Go your ways unto Anathoth thine own field, for thou art a man of death; but this day I will not slay thee, because thou hast carried the Ark of the Lord before my father David, and didst labour in all things wherein my father laboured. Then did Solomom cast out Abiathar, that he should be no more the Priest of the Lord; that the word of the Lord might be fulfilled, which he spoke upon the ● use of H●li in Silo. Behold, the most prudent King Solomon, according to the wisdom which was given him of God, did exercise his power upon the said Priest, putting him out of his priesthood, and setting in his place Sadoc the Priest. This was a greater matter than to take away the temporalties. If then in the Law of Christ, which now reigneth over us, a Bishop should likewise rebel against the true heir of the kingdom, willing to set up another for King; why should not the King or his heir have power, in like case, to take away the temporalties from him so offending? Item, it is also evident by the King Nabuchodonozor, Nabuchodonozor, which had power given him of God to lead away the children of Israel, with their Priests and Levites, into the captivity of Babylon, as it is written 4 book of the Kings, 25 chapter. Item, it is read in the 4. book of Kings, and 12. chapt. how that joas the most godly King of juda, joas. according to the wisdom which God had granted him, took away all the consecrate vessels which josaphat, joram, and Ochosias, his forefather's Kings of juda had consecrated, and those which he himself had offered, and all the treasure that could be found in the temple of the Lord, and in the King's Palace, and sent it unto Azthel King of Syria, and he departed from jerusalem. Mark how this most holy King exercised his power, not only in taking away the temporalities of the Priests, but also those things which were consecrate in the Temple of the Lord, to procure unto the Commonwealth, the benefit of peace. Item, in the 4. book, and 18. chapter of the Kings, it is written, how that the holy King Ezechias took all the treasure that was found in the house of the Lord, Ezechias. and in the King's treasury, and broke down the Pillars of the Temple of the Lord, and all the plates of gold which he himself had fastened thereupon, and gave them unto the King of the Assyrians; yet was he not rebuked of the Lord therefore, as he was for his other sins, as it appeareth in the 2d. book of Kings 18. chapter. Forsomuch then as in time of necessity, all things ought to be in common unto Christians, it followeth, that the secular Lords in case of necessity, and in many other common cases, may lawfully take away the movable goods from the Clergy, when they do offend. Item, it is also read in the 12. of St. Matthew, that the Disciples of Jesus, to slack their hunger, upon the Sabbath day pulled the ears of corn, and did eat them, and the Pharisees rebuked them therefore; unto whom Christ answered, David. Have ye not read what David did when he was hungry, and ●●ose that were with him: how he entered into the house of the Lord, and did eat the show bread, which it was not lawful for him, neither for them that were with him to eat, but only for the Priests? This story is written in the first Book of the Kings, and 21. chapter. And the commandment in the 12. chapter of Deuteronomy. Case of necessity. Whereby it appeareth, that it is lawful in time of necessity to use any thing, be it never so much consecrate. Otherwise children by giving their moveables to the consecration of any Temple, should not be bound to help their parents; which is contrary and against the Gospel of St. Matthew in the 16. chapt. whereas our Saviour sharply rebuked the Pharisees, that for their own traditions they did transgress the commandment of God. Item, Titus and Vespasian secular Princes, Titus and Vespasian. had power given them of God, twenty four years after the Lord's ascension, to take away the Temporalities from the Priests which had offended against the Lords holy one, and thereby also bereft them of their lives: and it seemeth unto many, they did and might worthily do the same according to God's good will and pleasure. Then forsomuch as our Priests in these days may transgress and offend as much, and rather more against the Lords anointed, it followeth, that by the pleasure of God, the secular Lords may likewise punish them for their offence. Our Saviour being King of kings, and high Bishop, with his Disciples, The example of Christ paying of tribute. did give tribute unto Caesar, as it appeareth in the 17. chapt. of St. Matthews Gospel, and commanded the Scribes and Pharisees to give the like unto Caesar, St. Matthew 22. Whereby he gave example unto all Priests that would come after him to render tribute unto their Kings: whereupon blessed St. Ambrose in his 4. book upon these words in the 5. of St. Luke, St. Ambrose his mind. (Cast cu● your nets) writeth thus: There is another kind of fishing amongst the Apostles, after which manner the Lord commanded Peter only to fish, saying, Cast out thy hook, and that fish which cometh first up, take him. And then unto the purpose he saith; It is truly a great and spiritual document, whereby all Christian men are taught, that they ought to be subject unto the higher powers, and that no man ought to think that the Law of a King here on earth are to be broken. For if the Son of God did pay tribute, who art thou so great a man, that thinkest thou oughtest not to pay tribute? He paid tribute which had no possessions; and thou which daily seekest after the lucre of the world, why dost thou not acknowledge the obedience and duty of the world? Why dost thou through the arrogancy of thy mind exalt thyself above the world, when at, through thine own miserable covetousness, thou art subject unto the world? Thus writeth St. Ambrose, and it is put in the 11. cause. qu. 1. Magnum quidem. Christ commanded tribute to be paid unto the Emperor. He also writeth upon these words in Luke 20. Show me a penny, whose Image hath it? if Christ had not the Image of Caesar, why did he pay any tribute? He gave it not of his own, but rendered unto the world, that which was the worlds: and if thou wilt not be in danger of Caesar, possess not those things which are the worlds; for if thou hast riches thou art in danger of Caesar. Wherefore if thou wilt owe nothing unto any earthly King, forsake all those things, and follow Christ. If then all Ecclesiastical Ministers, having riches, aught to be under the subjection of Kings, and give unto them tribute; it followeth that Kings may lawfully, by the authority which is given them, take away their temporalities from them. Hereupon St. Paul, acknowledging himself to be under the Jurisdiction of the Emperor, appealed unto Caesar, as it appeareth. Acts 25. I stand, saith he, at Caesar's Judgement seat, Paul appealed to the Emperor. St. Ambrose there in the 8. distinct there I ought to be judged. Whereupon in the 8. Distinction, chapter Quo jure. St. Ambrose allegeth, that all things are lawful unto the Emperor, and all things under his power. For the Confirmation whereof it is said, Daniel 2. chapter; Daniel 2. The God of heaven hath given unto thee a Kingdom, Strength, Empire, and Glory, and all places wherein the children of men do dwell, and hath given into thy power the beasts of the field, and fowls of the air, and set all things under thy subjection, Also in the 11. question and 1, he saith; if the Emperor require tribute, we do not deny that the Lands of the Church shall pay tribute; if the Emperor have need of our lands, he hath power to challenge them, let him take them, if he will; I do not give them unto the Emperor, neither do I deny them. This writeth St. Ambrose, expressly declaring that the secular Lord hath power at his pleasure to take away the Lands of the Church; and so consequently the secular Lords have power at their own pleasures to take away the Temporal goods from the Ecclesiastical Ministers, when they do offend. Item, St. Augustine writeth; St. Augustine. If thou sayest, what have we to do with the Emperor? But now as I said, we speak of man's Law. The Apostles would be obedient unto Kings, and honour them, saying, Reverence your Kings; and do not say, what have I to do with the King? What hast thou then to do with possessions? By the King's Law thy possessions are possessed. Thou hast said, what have I to do with the King? but do not say, what have thy possessions to do with the King? For then hast thou renounced the Laws of men, whereby thou didst possess thy Lands. Thus writeth St. Augustine in his 8. distinction, by whose words it is manifest, that the King hath power over the Church goods, and consequently may take them away from the Clergy, transgressing or offending. Item, in his three and thirtieth Epistle unto Boniface, he saith, Magistrates, keepers of both Laws. What sober man will say unto our Kings, Care not you in your Kingdom, by whom the Church of the Lord is maintained, or by whom it is oppressed; it pertaineth not unto you, who will be either a religious man, or who will be a Church robber? Unto whom it may be thus answered: Doth it not pertain unto us in our Kingdom, who will either live a chaste life, or who will be an unchaste whoremonger? Behold, The duty of Kings to punish the Clergy. this holy man showeth here how that it is the duty of Kings to punish such as are robbers of Churches, and consequently the proud Clergy when as they do offend. Item, he writeth in the 33. cause. quest. 7. Si de Rebus; The secular Lords may lawfully take away the Temporal goods from heretics; and forsomuch it is a case greatly possible that many of the Clergy are users of Simony, and thereby heretics, therefore the secular Lords may very lawfully take away their temporalities from them. For what unworthy thing is it, saith St. Augustine, if the Catholics do possess, according unto the will of the Lord, those things which the heretics held? Forsomuch as this is the word of the Lord unto all wicked men, Matthew 21. Mat. 21. The Kingdom of God shall be taken away from you, and given unto a nation which shall do the righteousness thereof; is it in vain which is written in the 17. chapter of the book of wisdom? Wisdom 11. The just shall eat the labours of the wicked. And whereas it may be objected as touching the desire of other men's goods; An objection of the desire of other men's goods. St. Augustine answereth, That by that Evidence the seven Nations, which did abuse the Land of Promise, and were driven out from thence by the power of God, may object the same unto the people of God, which inhabit the same. And the Jews themselves, from whom, according unto the Word of the Lord, the Kingdom is taken away and given unto a people, which shall do the works of righteousness, may object the same unto the Church of Christ, as touching the desire of other men's goods; but St. Augustine's answer is thus. We, saith he, do not desire another man's goods; forsomuch as they are ours by the commandment of him, by whom all things were made. By like evidence the Clergy having offended, their temporal goods are made the goods of others, for the profit of the Church. To this purpose also, according to St. Augustine, St. Augustine 14. quest. 4. serveth the 14. question 4. Unto a mis-believer it is not a halfpenny matter, but unto the faithful is a whole world of riches: shall we not then convince all such to possess another man's goods, which seemed to have gathered great riches together, and know not how to use them; for that truly is not another's, which is possessed by right: and that is lawfully possessed, which is justly possessed; and that is justly possessed, which is well possessed. Ergo, all that which is evil possessed is another man's, and he doth ill possess it, which doth evil use it. If then any of the Clergy do abuse the temporal goods, the temporal Lords may at their own pleasure, according unto the rule of charity, take away the said temporal go●d● from the Clergy so transgressing. For then, according, to the allegation aforesaid, the Clergy doth not j●●l● possess those temporal goods, but the temporal Lord●, proceeding according to the rule of charity, do justly possess those temporalities, for somuch as all things are the just man's. 1 Cor. 3. 1 Cor. 3. chapter, All things, saith the Apostle are yours; whether it be Paul, or Apollo, or C●●●●, either the world, either life or death, or things 〈◊〉, or things to come: for all things be yours, you be Christ's, and Christ is Gods. Also in the 23. question 7. Qui●●●q●e, it is written, jure divino omnia sunt just●●●●. The words of St. Augustine in that place, ad Vin●●●●um, be these; Whosoever, saith he, upon the occasion of this Law or Ordinance of the Emperor, doth molest or persecute you, not for love of any charitable correction, but only for hatred and malice to do you displeasure, I hold not with him in so doing. And although there is nothing here in this earth, that any man may possess assuredly, but either he must hold it by God's law, by which cuncta justorum esse dicuntur; that is, all things be said to pertain to the possession of the just: or else by man's law, which standeth in the King's power to set and to ordain, etc. Here, by the words of St. Augustine alleged, ye see all things belong to the possession of the just, by God's law. Item, forsomuch as the Clergy by means of their possessions are in danger of the Emperor and King: The clergy subject unto the Emperor and King by means of their possessions. it followeth, that if they do offend, the Emperor or King may lawfully take away their possessions from them. The consequence dependeth on this point, forsomuch as otherwise they were not in subjection under the Emperor or King: and the antecedent is manifest by the 11. question and first Parag. His ita respondetur. Whereas it is specified in Latin thus: His ita respondetur, Clerici ex officio Episcopo sunt suppositi, ex possessionibus praediorum Imperatori sunt obnoxii: ab Episcopo unctronem, decimas, & primitias accipiunt; ab Imperatore verò praediorum possessiones nanciscuntur: that is to say, The Clergy by means of their office are under the Bishop, but by reason of their possessions they be subject unto the Emperor: Of the Bishop they receive unction, tithes, and first fruits; of the Emperor they receive possessions. Thus than it is decreed by the Imperial law, that livelihoods should be possessed: whereby it appeareth, that the Clergy by the possession of their livelihoods are in danger of the Emperor for him to take away from them, or to correct them according to their deservings, and to have the controlment of them, as it shall seem good unto him. Item, The temporal Lords may take away the temporalities from such as use Simony, because they are heretics. Ergo, this Article is true. The antecedent is manifest forsomuch as the secular Lords may refuse such as use Simony, and punish them except they do repent. For by the decree of Pope Paschasius in the first and last question it appeareth, Paschasius in 〈…〉. cap. 〈◊〉. that all such as used Simony were to be refused of all faithful people, as chief and principal heretics; and if they do not repent after they be warned, they are also to be punished by the extreme power. For all other faults and crimes, in comparison of Simoney, be counted but light, and seem small offences. Whereupon the gloss, expounding the same text, saith, that by this word extern, is understood the laity, The 〈…〉 the Clergy. which have power over the Clergy, besides the Church, as in the 17. distinct. Non licuit, & 23. question 5. principes. Whereby it is evident, that the temporal Lords may take away the temporal goods from the Clergy when as they do offend. Item, St. Gregory in the Register upon his seventh Book and ninth Chapter, writeth thus unto the French Queen: Gregory writeth to the French Queen. Forsomuch as it is written that righteousness helpeth the people, and sin maketh them miserable: then is that Kingdom counted stable, when as the offence which is known, is soon amended. Therefore, forsomuch as wicked Priests are the cause of the ruin of the people, Wicked Priests the destruction of the people. (for who shall take upon him, to be intercessor for the sins of the people, if the Priest which ought to entreat for the same, have committed greater offences) and under your dominions the Priest do live wickedly and unchastly; therefore that the offence of a few might not turn to the destruction of many, we ought earnestly to seek the punishment of the same. And it followeth, if we do command any person, we do send him forth, with the consent of your authority, who together with other Priests, shall diligently seek out, and according unto God's word correct and amend the same. Neither are these things to be dissembled, the which we have spoken of, for he that may correct any thing, and doth neglect the same, without all doubt he maketh himself partaker of the sin or offence. Therefore foresee unto your own soul, provide for your nephews, and for such as you do desire to reign after you, provide for your country, and with diligence provide for the correction and punishment of that sin, before our Creator do stretch out his hand to strike. And in his next Chapter he writeth unto the French King: Whatsoever you do understand to pertain either unto the honour and glory of our God, to the reverence of the Church, or to the honour of the Priests, that do you diligently cause to be decreed, and in all points to be observed. St. Gregory to the French King Wherefore once again we do move you, that you command a Synod to be congregate, and as we wrote lately unto you, to cause all the carnal vices, which reign amongst your Priests, and all the wickedness and Simony of your Bishops (which is most hard to be condemned and reproved) utterly to be banished out of your Kingdom; and that you will not suffer them to possess any more substance under your dominion, than God's commandment doth allow. Behold how carefully blessed Gregory doth exhort the Queen and the King to punish the vices of the Clergy, lest through their negligence they should be partakers of the same; and how they ought to correct their Subjects. For as it is convenient to be circumspect and careful against the outward enemies; even so likewise ought they to be against the inward enemies of the soul. And like as in just war against the outward enemies it is lawful to take away their goods, so long as they continue in their malice; so also is it lawful to take away the goods of the Clergy, being the inward enemy. The consequence is proved thus; for so much as the domestical enemies are most hurtful. Item, it is thus argued; if God be, the temporal Lords may meritoriously and lawfully take away the temporal goods from the Clergy, if they do offend. For this point let us suppose that we speak of power, as the true authentic Scripture doth speak, Mat 3. 9 God is able even of these stones to raise up Children unto Abraham. Whereupon it is thus argued; for if God be, he is omnipotent, and if he so be, he may give like power unto the secular Lords. And so consequently they may meritoriously and lawfully use the same power. But lest that any man may object, that a proof made by a strange thing is not sufficient; it is therefore declared how that the temporal Lords have power to take away their alms bestowed upon the Church, the Church abusing the same, as it shall be proved hereafter. And first thus; It is lawful for Kings, in cases limited by the Law, to take away the movables from the Clergy when they do offend: it is thus proved; For the temporal Lords are most bound unto the works of greatest mercy most easy for them: but in case possible, it should be greater alms, and easier temporal dominion, to take away their alms from such as build therewithal unto eternal damnation, through the abuse thereof, than to give the said alms for any bodily relief, Ergo, the assumption is true. Whereupon first this sentence of the Law of Christ in the second Epistle to the Thessalonians the third Chapter is noted, whereas the Apostle writeth thus; When we were amongst you, we declared this unto you, that he that would not work should not eat. Wherefore the law of nature doth licence all such as have the governance of Kingdoms, to correct the abuse of the temporalities, which would be the chief cause of the destruction of their Kingdoms; whether the temporal Lords, or any other, had endowed the Church with those temporalities or not. It is lawful for them in some case to take away the temporalities, as it were by way of Physic to withstand sin, notwithstanding any excommunication, or other Ecclesiastical censures; forsomuch as they are not endowed, but only with * Beneficium propter affictum. condition thereunto annexed. When and how the title of any gift is l●st. Hereby it appeareth, that the condition annexed to the endowing, or enriching of any Church; is, that God should be honoured: the which condition if it once fail, the contrary taking place, the title of the gift is lost, and consequently the Lord which gave the alms ought to correct the offence. Excommunication ought not to let the fulfilling of justice. Secondly, according to the Canon Law, 16 question 7. this sentence is noted, where it is thus spoken, as touching the Children, Nephews, and the most honest of the kindred of him which hath builded or endowed the Church: That it is lawful for them to be thus circumspect, that if they perceive the Priest do defraud any part of that which is bestowed, they should either gently admonish or warn him, or else complain of him to the Bishop, that he may be corrected. But if the Bishop himself attempt to do the like, let them complain of him to his Metropolitan: and if the Metropolitan do the like, let them not defer the time to report it in the ears of the King. For so saith the Canon, Let them not defer to report it in the ears of the King. To what end I pray you, but that he should do correction: neither is it to be doubted, but that correction doth more appertain unto the King in this point for their goods, whereof he is chief Lord, by a substraction proportional according to the fault or offence. Item, is thus proved; It is lawful for the secular Lords by their power to do correction upon the Clergy by some kind of fearful discipline appertaining to their secular power: It is lawful for the civil rulers to correct the Clergy. Ergo, by like reason it is lawful for them by their power to do such correction, by all kind of fearful discipline pertaining unto their secular power. For so much then as the taking of their temporalities is a kind of fearful discipline pertaining unto the secular power; it followeth, that it is lawful for them thereby to do such correction. And consequently it followeth that the truth is thus to be proved. The consequence is evident; and the antecedent is proved by Isidore 23. quest. 5. Principes, where it is thus written; There should be no secular powers within the Church, but only for this purpose, that whatsoever thing the Priests or Ministers cannot bring to pass by preachings or teachings, the secular powers may command the same by the terror and fear of discipline. For oftentimes the heavenly Kingdom is profited and bolden by the earthly Kingdom: that they which are in the Church, and do any thing contrary unto faith and discipline, by the rigour of the Princes may be trodden down, and that the power of the rulers may lay that discipline upon the necks of the proud and stiffnecked, which the utility and profit of the Church cannot exercise or use. Item, all things that by power ought to work or bring to any perfect end by the reasonable measuring of the mean thereto, may lawfully use by power the substraction or taking away of the excess, and the addition of the want of the means, according as shall be convenient or meet for the measure to be made. For so much then as the secular Lords ought by their power to provide for the necessary sustentation of the Christian Clergy, by the reasonable measuring of their temporalities, which they are bound to bestow upon the Christian Clergy, it followeth that they may lawfully by their power use the taking away or putting unto of those temporalities according as shall be convenient for the performance of that reasonable matter. Item, it is lawful for the Clergy, by their power to take away the Sacraments of the Church from the laity customably offending, for so much as it doth pertain to the office of the Christian Ministers by their power to minister the same unto the Lay people. Wherefore, for so much as it doth pertain unto the office of the Laity, according unto their power to minister, and give temporalities to the Clergy of Christ, as the Apostle saith, 1 Cor. 9 It followeth, that it is also lawful for them by their power to take away the temporalities from the Clergy, when they do customably sin and offend. Item, by like power may he which giveth a stipend or exhibition, withdraw and take away the same from the unworthy labourers, as he hath power to give the same unto the worthy labourers: for so much then as temporalities of the Clergy, are the stipends of the Laity; it followeth that the Lay people may by as good authority take away again the same from the Clergy, which will not worthily labour, as they might by their power bestow the same upon those which would worthily labour, according to the saying of the Gospel, Mat. 21. The Kingdom shall be taken away from you, and given unto a people which shall bring forth the fruits thereof. Item, it is also lawful for the secular Lords, by their power, to chastise and punish the Lay people when they do offend, by taking away of their temporalities according to the exigent of their offence, for so much as the Lay people are subject under the dominion of the secular Lords, as appear, Romans 13. and many other places, it is evident that it is lawful by their power to punish the Clergy, by taking away of their temporalities, if their offence do so deserve. Item, the true and easy direction of the Clergy unto the life of * Who were very poor and had no Lands nor Temporalities Mat. 8. 20. c. 19.27. Luke 8. 3. c. 9 58 Acts 3.3,5,6. 1 Cor. 4.9, to 15. 2 Cor. 6. 4, 10. c 8.9. Phil. 2. 25. c. 4. 11, to 20. Christ and the Apostles, and most profitable unto the Laity, that the Clergy should not live contrary unto Christ's institution, seemeth to be the taking away of their alms, and those things which they had bestowed upon them. And it is thus proved: That medicine is most apt to be laid unto the sore, whereby the infirmity might soon be holpen, and were most agreeable unto the patients: Such is the taking away of the temporalities: Ergo, this article is true. The minor is thus proved, for so much as by the abundance of temporalities, the worm or serpent of pride is sprung up, whereupon unsatiable desire and lust is inflamed, and therefrom proceedeth all kind of gluttony and lechery. It is evident in this point, for so much as the temporalities being once taken away, every one of those sins is either utterly taken away, or at the least diminished, by the contrary virtue induced and brought in● It seemeth also most pertinent unto the Laity, for so much as they ought not to lay violent hands upon their Ministers, or to abject the Priestly dignity, * By the Law of that age. neither to judge any of the Clergy in their open Courts. It seemeth also by the Law of Conscience to pertain unto the lay people, for so much as every man, which worketh any work of mercy, ought deli●ently to have respect unto the ability of them that he bestoweth his alms upon, lest that by nourishing or helping loiterers, he be made partaker of his offence. Whereupon, if Priests do not minister of their temporalities, as Hostiensis teacheth in his 3d. book of their Tither, First-fruits and Oblations, the people ought to take away the alms of their Tithes from them. Item, it is confirmed by the last chapter of the sevententh question, out of the decree of rents appropriate unto the Church, Quicunque. Whereas the case is put thus, That a certain man having no children, neither hoping to have any, gave all his goods unto the Church, reserving unto himself the only use and profits thereof: it happened afterward that he had children, and the Bishop restored again his goods unto him not hoping for it. The Bishop had it in his power, whether to render again, or no, those things which were given him; but that was by the law of Man, and not by the law of Conscience. If then by the decree of the holy Doctor St. Augustine, in his Sermon of the life of the Clergy, Aurelius the Bishop of Carthage had no power by God's law to withhold that which is bestowed upon the Church for the necessity of children; by the which law, the wanton, proud, and unstable Clergy, being more than sufficiently possessed and enriched, do detain and keep back the temporalities to the detriment and hurt of their own state, and of the whole militant Church, the secular patrons being thereby so impoverished, that they are compelled by penury to rob and steal, to oppress their tenants, to spoil and undo others, and oftentimes by very necessity are driven to beggary. Item, suppose that a Priest and Minister, how grievously soever he do offend, by what kind or sign of offence soever it be, as it was in the case of Bishop judas Iscarioth: of the religious Monk Sergius, of Pope Leo the heretic, and many other Priests, of whom the Scripture and Chronicles make mention, and daily experience doth teach us the same: it is evident that, as it is supposed, the Priests in the Kingdom of Boheme grievously offending,, it is the Kings, part, for so much as he is supreme head next under God, and Lord of the Kingdom of Boheme, to correct and punish those Priests. And for so much as the gentlest correction and punishment of such as be indurate in their malice, is, the taking away of their temporal goods, it followeth, that it is lawful for the King to take away temporalities. Wherefore it should seem very marvellous and strange, if that Priests riding about should spoil Virgins, violently corrupt and defile honest Matrons; if in such case it were not lawful for them to take away their Armours, Weapons, Horses, Guns and Swords from them. The like reason were it also, if they had unlawfully conspired the death of the King, or that they would betray the King unto his enemies. Item, whatsoever any of the Clergy doth require or desire of the secular power, according unto the Law and Ordinance of Christ, the secular power ought to perform and grant the same. But the Clergy being letted by riches, aught to require help of the secular power for the dispensation of the said riches. Ergo, the secular power ought in such case, by the law of Christ, to take upon them the office or duty of getting, keeping, and distributing all such manner of riches. The minor is hereby proved, that no man ought to have riches, but to that end, that they be helps, preferring and helping unto the office which is appointed of God. Therefore in case that secular possessions do hinder the Clergy from their duty, the secular power ought to take it away, for so did the Apostles, Acts 6. saying, It is not lawful for us to leave the Word of God untaught, and to minister unto tables. It is confirmed, Every good Christian is bound to be helpful to his neighbour in those things, especially which do concern the public good: But it will be a great help to a Clergy man to be deprived of his temporal possessions, it being granted, they do * 2 Tim 2. 4. Mat. 10. 9 10. Phillip 3 Id. 19 20. 2 Tim. 4 1●. retard him from his duty due unto God; Therefore the person more sufficient is bound in such a case by the Law of Christ, to deprive him of temporal possessions; But Kings and Lords temporal are the most sufficient for this, being truly said to be Lords and Possessors of temporal estates: and undoubtedly this would especially concern the public good, to make such a de-generation of temporals, which in their nature are but a burden to a Clergy man, Luke 8. 7, 14. retarding him in his spiritual duties, and so many thorns (as our Saviour speaks it in the 8. of St. Luke) Choking the Word of God. Moreover, Kings and secular Princes are the chief or capital Lords of goods temporal, having a care over the Church, and a special power for the inferring of such a Coaction, as it is manifest 2●. quest. 5. Principes, where by the authority of Isiodore 30. Etymol. 53. It is thus written: Let secular Princes know, that they must render an account to God for the Church which they are to maintain for Christ And in the same question it followeth, It is proper to Kings to execute justice, and Righteousness, and to deliver from the hand of the gain sayers and slanderers, those who are orpressed by force, and to assist the Stranger, Orphan, and Widow, who more easily are oppressed by the powerful. The duty of Kings. And in the same question it followeth, The King ought to prohibit thesis, punish adulteries, destroy the wicked from the earth, not suffer parricide and perjured persons to live, nor their own sons to live wickedly. And by declaring where a Bishop abuseth the goods of the Church, Blessed Gregory writes thus, as it is recited in the Decretals, 16. quest. 7. Decret. where having taught, that the goods of the Church are common, he subjoineth, We have received a bad report that some Bishops confer not the Tithes belonging to their Diocese, and the Oblations of charitable Christians on the Priests, or ●oor, but on Lay persons, viz. Soldiers, or their own Servants, or, which is worse, on * As most do now. their Kindred; If therefore any Bishop shall be found to be a transgressor of this Precept, he is to be ranked amongst the greatest Heretics, and Anti-christs. And as the Nycen Council censured of persons guilty of Simony, Bishops conferred uthes ●n unworthy persons both the Bishop who giveth, and the Lay men who receive, are without ransom, price, or benefit to be condemned to the punishment of everlasting fire. Therefore what faithful King, Prince or Lord would not resist such contagious persons who infect their own mother. Whence 3. quest. 2. Si Episcopus, The Canon speaketh in these words, If a Bishop by his ill life shall waste the goods of the Church, he is to be removed from his Patrimony until full knowledge be had of the dilapidation he hath made, after the Example of Tutors and Curates, who being suspected are removed from their Cure or Tutelage, until a more full knowledge he had of the suspected person. But the Doctors say, that the dilapidation ought first to be proved, which being done, an assistant ought to be given to him to the end of the Trial, but the Correction would then be taken from the secular Prince; It seemeth therefore the correction of the Prelate being wanting; It belongeth to the King to dispose of his goods according to the Civil Law. Every Member of the Church ought to help one another, but temporal Lords are Members of the Church with Priests beneficed. But the case so may be that the chiefest help they can afford them, is to deprive them of their temporal goods, therefore in such a case they ought to do it. And the Power or the Sword of which the Apostle maketh mention Rom. 13 being sufficient for this; And by consequent it being superfluous to appoint another, it seems they have a power whether some case doth extend itself to the correction of the Clergy. For if I ought to help even the beast of my enemy being out of the way, or lying down, Exod. 21. How much more in the new Testament, having the opportunity and power so to do, ought I to free from the jaws of the Devil, the Soul of my Curate ensnared with the Mammon of Inquity. There being a power of Fact, and a power of Right; It is granted, that the King de facto may take away the Temporals from a Clergyman, being a Delinquent; and it is granted withal, that the taking away of the said Goods may be an occasion to that Ecclesiastic person, Mark 10. 21. to 31. c. 28. 34 2 Tim 2.4. for the abandoning of all worldly affairs, and devoting himself more peculiarly to the worship of God. This Case will not be denied by any faithful Christian, not over-blinded with the dross of Temporal things. For as St. Augustin saith, It is expedient for many to fall into manifest sins, that knowing their own frailty they may live more humbly, and by grieving for their sins, they may be more cautious how they sin again. A Sin committed and acknowledge, doth render us more careful. It is therefore much more expedient that many be poor, and to be without the civil Dominion. The Case admitted, it is manifest, that the King doth a good work in the General; now every such work may be well done; therefore he may well take away the Goods from an Ecclesiastical person: for if the greater part of evil works may in the generality of them be well done, much more may every good work in the generality of it; For it is not repugnant to Grace or Alms that this good work proceedeth from it: neither is it to be doubted, but that God in such a Case doth give a power to the King, which he eternally ordaineth to the performance of his pleasure. It being granted then that the King, and the said Ecclesiastic may reign together in Heaven, there would be both notice and joy for the taking away of such a Temporal estate, although by our Childish blindness it appeareth to men of a gross understanding to be disadvantageous. Again, if this be an error, that Temporal Lords may at their pleasure take away temporal things from Ecclesiastical persons, being habitually Delinquent; than it is false also against the true way of the Church, and so Heresy, because that All truth is in the holy Scripture, as Saint Augustine often affirmeth; and by consequent, since this way should be a falsehood, it followeth that it would be contrary to the holy Scripture. And certain it is, that it is pertinaciously and strongly defended, because Kings and Princes believe that it pertaineth to their Sovereignty to have this powers; for grant the contrary, it will follow, that Ecclesiastical persons, seeing they are great Trangressors, may destroy both Kingdoms and their People, to prevent which it may be lawful for the King to resist the Clergy, or to impugn his Charity, by the ablation of his proper Alms, and those Temporal goods, which are the Fire exciting hereunto. Now the King could not lawfully punish the bodies of such Traitors, if he could not lawfully take from them, and alienate their Temporal estates, over which he hath a special Dominion. And since this power is the chiefest Royalty of the King, it would be the same thing to infringe this power, and subtly to overthrow the Government of the Kingdom. Again, seeing many Kings, and Nobles being Catholics have oftentimes exercised that power; it were the same, according to such a form, to assert the assumption, and afterwards to condemn the Lives and Souls of those Heretics, which the Heirs of Kings, and especially their Sons have stoutly opposed; for thus, according to the Priests and pharisees accusing Christ of Heresy, they would impose a manifest Error, and Heresy on the King, of whom they have so great a Temporal assistance: But God when he pleaseth will move the heart of the King, to overthrow their madness. Again, Ecclesiastical persons are either the Chief Lords of those Revenues, and Temporal estates which the King hath given to them, The Lord Prelates have the fourth or third part of the Revenues of this Kingdom. or they are not; if they are, it truly followeth, that for the greatest part those Ecclesiastical men are the chief Lords of our Kingdoms; and so, as to their Temporals, not subject to the King, which it seemeth they themselves do conceive. The first consequence is manifest by this, because the Clergymen of our Kingdom have the fourth, or third part of the Revenues of it. And from hence it is, that they will not be called Presbyters, but Lord Prelates, L. Praepositors, L. Canonicals, L. prebend's, Note. L. Presbyters. And if any man shall call them Presbyters, they are presently angry, as if you had called them Common-cryers, or Tormentors. But if the Clergymen, Note. are not the chief Lords of those Revenues, and Temporal estates which the King hath given them, as holy men are of opinion, who say, That Ecclesiastical Persons are not Lords, but Attorneys or Procurers only for poor men; it then followeth, That the King is the Sovereign Lord of their Goods and Estates, and by consequent, can take them away from those Ecclesiastical persons, who are Delinquents, and bestow them on the poor of Christ And from hence it is the Canon affirmeth, St. Ambrose. that in the time of necessity, to provide for the poors relief the Goods of the Church may be sold by the Priests, 12. quest. 2. cap. Sicut Ecclesiast. Parag. Secundo. On which St. Ambrose limiteth the cases in which they may break and sell the Vessels consecrated to the Church, as it is manifest, Dist. 96. Whatsoever in Gold, The selling of Gold and Silver Vessels and Vestments. Pearls or jewels, or in Silver, or in Vestments shall appear to be less useful, which cannot long be kept, or continue for the service of the Church, let them be sold according to their full value, and the profit thereof be given to the poor. Saint Ambrose doth insist also at large upon this particular in his fifth book of Offices. Again, many Kings have oftentimes wholly taken away the Temporal estate from the Clergy, The Templars. as it is manifest by the destruction of the Templars, and many other private ablations; but they never did, or could do so lawfully, as is manifest by the * This argument is by way of retorsion. These Lands being taken from the Templars by the Pope and Clergies consents & solicitations. Adversaries. Therefore in this they did that which lawfully they could not do. And moreover, in this they did that which they could not do meritoriously, or according to the law of God. And seeing that every work of man proceeding from deliberation is either lawful, or unlawful, meritorious, or demeritorious, it followeth that they did it unlawfully or demeritoriously; and it followeth moreover, that inso doing they fell into a dangerous error, and as destructive to the Soul as to the Body: and that this error is directly contrary to the Catholic truth, it doth appear by a threefold consideration. First, That Kings by so doing did that which neither was nor could be lawful. Secondly, Because they took away the Goods of other men against a commandment of the second Table. And thirdly, Because they did it not in Alms, which is against the Catholic truth, Let all things what you do be done in Alms. All the Antecedent is granted by the Adversaries; and this error being in Fact, i● Kings pertinaciously shall defend it, resolving by their power (as if a lawful one) to take away from Ecclesiastical persons, though Delinquents, their Temporal Goods, they are in a Heresy. From which it further followeth, that Kings persisting in so doing are Heretics; and if they shall defend what they have done unto death, it followeth that they are Heretics, and damned; and from this again, it farther followeth, that Clergymen benesiced who do believe what here is said, should not pray for the said Kings deceased. Again, the Emperor or a King, not only oughteth, but it becometh him so to endow the Church, A 〈◊〉 endowed 〈◊〉. that he may lawfully take from it his gifts of Alms, in case that the abuse thereof doth tend to the detriment of his Kingdom, and the hindrance of the preaching of the Gospel. Suppose therefore, that under such a condition he hath endowed such a Church, it may thereupon be thus argued. If according unto that form the Emperor or the King had endowed the Church of Prague, he might lawfully in the case of the Detriment of his Kingdom, or in the contempt of his own person, or in the case of the not preaching of the Gospel, take away his gifts of Alms. But the Emperor or the King could under such a condition have endowed the Church of Prague; Therefore for the contempt of the Clergy he could lawfully take away the said gifts of Alms he had given. The condition therefore being lawful and honest, and the custom both of the King and kingdom, do show that condition in facto to be added. It seemeth to be too presumptuous an assertion, that our Princes cannot take from them their gifts of Alms, be the faults they have committed never so enormous; yea when it was properly in their power to add such a condition. And again, when as those who received those gifts of Alms could commit never so grievous offences, as already I have said. It is manifest, that our Princes have a simple and an absolute power to withdraw their gifts of Alms, a possible danger being imminent, and by the same rule it followeth, that on the like possible emergencies they may do it for the time to come. Again, the King of Bohemia, or the Emperor indowing his Church, neither aught, or 〈◊〉 it to the weakening, or the worsting of his kingdom. For all power is from God, Rom. 13. which cannot give any power to this end. But suppose it so should come to pass, that a King or the Emperor had absolutely endowed a Church without such a condition to be understood, yet such a condition ought to be understood; Note. and by consequent, when such a condition of the Clergy doth fall out, the King by taking the Temporals from them into his own hands doth do no injury to the Clergy, the condition being dissolved and made null by his or their defect. The minor of the Argument is thus proved, If all those Goods with which our Church is endued did immediately and directly so pertain to the Pope, that the King had no interest neither in the possessions nor the persons, the fourth part of the kingdom and more being devolved to a Mortmayn, it would follow, that our King is not King of all Bohemia, more than the fourth part thereof being fallen into a Mortmayn for the Clergy; The fear lest the whole possession of the Kingdom of Bohemia be dev●lved to the Clergy, as in the Rhine. and the possessions of the Clergy every day increasing; and the possessions of the Barons, Knights, and other Seculars every day decreasing, it may easily come to pass, that the whole possession of the Kingdom of Bohemia, may be devolved to the Clergy, as it hath come to pass in the Rhine. If this comes to pass, the Dominion of our King, and of the Barons will be extinguished, and by consequence all Sovereignty; for it is not lawful for the King (as the Clergy do affirm) to interpose in matters concerning themselves, or their possession, be their offences never so heinous; neither is it lawful for the King to meddle with their Temporals, how great soever the abuse doth tend to the endangering of the kingdom, because (they say) they are exempted from all Kingly jurisdiction, both in Body and in Goods, and immediately subject to the Pope, The Clergy unwilling to be subjected to the King. And thereupon committing insolences in the kingdom, they will not be corrected by the King, but are like good or evil Angels, not subject to the King in his own kingdom. Again, according to the Decrees of Gregory, 2. quaest. 3. He ought altogether to lose his privilege, who abuseth the Power that is committed to him; but every Clergyman abusing the King's gifts of Alms, doth abuse the power committed to him; That endowment therefore being a Privilege, it directly followeth, The abuse of gifts. that he ought altogether to lose it. And to whom, but to the King who did impriviledge him? for it is his privilege to interpret, and to defend, or take away, whose privilege it is to make. It is confirmed by that of Matthew, Chap. 23. To every one that hath it shall be given, and he shall abound: and to him that hath not, even that shall be taken which he hath. When the King is obliged so to abound by the Title of his Justice, it seemeth that the Ablation, or the taking away from him whom he hath endowed with Church gifts, aught to proceed from the King himself; it being supposed it may so come to pass, that he may seem to have those gifts of Alms which he hath not. It is confirmed also by the law and due of these Spiritual gifts of Alms; for the King is bound by the laws of God and of his Kingdom to preserve Justice, for the safety of his Liege-people. But the chief work of such a mercy which belongeth to a King is a coactive castigation, to continue such works of Alms which he ought to see performed. The Clergymen therefore who take the greatest offence at the taking away of Temporals, do yet challenge, that the Seculars do defend the gifts of their Progenitors remaining in their strength; which cannot be, unless the Church hath the profit from such gifts of Alms, in such a manner, that being put together it may remain upon the account of Privilege, or of free gifts of Alms, which is extinguished when the said Clergymen do abuse their gifts, according to the Decrees of Gregory alleged in the foregoing confirmation. If therefore the Temporal Lords (as the Clergymen who enjoy these Gifts of Alms do challenge) are bound to continue the charitable Donations of their Fathers, whose Heirs they are; they are then bound to conform themselves to that which followeth; for otherwise they would be obliged to Contradictories against the possibility of the Divine law, viz. both to continue the said Gifts of Alms, and to defend their abuses in the several species of them; according to which sense, they do want the form and the very essence of a spiritual Gift of Alms. Therefore when Kings and Secular Lords are bound to continue the Alms of their Progenitors in the perpetuity of them, they are obliged also by the law of Spiritual alms to chastise their Liege-people abusing them. They are obliged also by that Obligation, to do justice to their Subjects, and to extinguish those injuries which most dangerously tend to the ruin of their Subjects. It is manifest, that in some case they are bound to restore their Goods to the Holy Church, and to take them away from the Despisers of God and his Kingdom; for this was the condition of the first and ancient Donation. Therefore if our King have not the power over these his Peers to correct the abuse of Alms in his Clergy, he hath not the power of governing politicly over all his Kingdom; But yet if we do well attend to the holy Scripture, we shall know what is spoken of the privilege of the King, to wit, that he hath a coercive power over the Clergy; and the Clergy have a privilege also, that they have such a One set over them, to whom deservedly they may submit themselves. Again, Kings and Princes, and all Lords Temporal are bound to a Brotherly correction, some circumstances concurring, which require such a correction. But it may well come to pass, that a Clergyman may transgress with such a circumstance, that a Brotherly correction of him may be most needful and effectual, by merely taking away from him those Temporals which he abuseth.; Therefore it may so come to pass, the Temporal Lords by the Law of Christ are bound unto it; neither doth it any thing avayl to say, that the Dispensation of the Pope, or any Privilege, or Exemption doth exclude it; for God forbid, that a Catholic should affirm, that it is lawful for Christ's Vicar to do that by his Traditions, which may hinder, or derogate from the Practic law of Christ, and impede Catholic Lords from an effectual, and a profitable correction of the Church; for it is not lawful for a man so to exempt any, as if he shall fall into a sin, it shall not be in his Power to correct him. Dispensation. Upon this account it is, that St. Bernard in his third Book to Pope Eugenius, calls a Dispensation which is not for the Public good, a Dissipation; And hereupon he hath these words, What? Do you forbid to dispense? No, but to dissipate; I am not so silly as to be ignorant that you are made Dispensers' but to edification, not to destruction. Amongst Dispensators, or Dispenser's it is required, that a man be found faithful: when Necessity urgeth, a Dispensation is excusable; when Profit inviteth it, the Dispensation is laudable; but this Profit must be public, and common, and not private and particular; for where neither of these two are, it is not a faithful Dispensation, but a cruel Dissipation. From the words of this Saint it is manifest, that privileging or exempting is not a faithful Dispensation, but a cruel Dissipation. If Clergymen be exempted, let their sin be never so enormous to from being corrected by any but the Pope only. For what is the profit of the Church, that Clergymen should be wanton and rampant as Bulls, and like untamed Horses, neigh unto their Neighbour's wives; unless in such grievous exorbitancies, some yoke, or kerb be imposed upon them by the Princes. For Privileging, Dispensation, or Exemption, ought not to be an Authority to them for the committing of sin; for St. Augustin in his fourth Book, entitled Authority, Quaest 23. saith, That he who sinneth, sinneth not by the Authority, but against the Authority of the Law. Again, the addition of temporal Goods is commonly not so near to the last necessity of salvation by corporal punishment, as the taking away of the Abuse is near to the last necessity of the perpetual Salvation both of Soul and Body; As it is a work of greater mercy to take away a Sword from a Madman that would kill himself, than to give a Sword to a persecuted man to defend himself from one that doth endeavour to kill him; for it is worse for a man to be killed by himself than by another; for the first is damnable, the second just, or meritorious. And to this sense is that of Saint Augustin 5. Quaest 5. Not every one who spareth is a Friend, nor every one who scourgeth is an Enemy; for the wounds of a Friends are better than the fraudulent kisses of an enemy; it is better to love with security, than to deceive with lenity. The wounds of a Friend are better than the deceitful kisses of an Enemy. And to the same purpose is that which followeth, It is safer to take Bread from a hungry man, if having abundance of Bread he neglecteth justice; than to give Bread to a hungry person, that being seduced he may acquiesce in Injustice. And again, He who binds a Madman, and he who awakens and rouzeth up a Lethargick-man is a friend to them both, although he is troublesome to them. Thus for Saint Augustine, by whose example, if Lords Temporal are bound to give charitable Gifts to the Clergy, that they may be the better encouraged to the performance of their Duties, they are also bound by the same law of Alms to take away the said Gifts from those that do abuse them, lest by suffering the abuse, they destroy their own Souls. And hence it is, that amongst all the sins to which the Superiors of our Kingdom of Bohemia are most obnoxious, the greatest are Blind zeal, False mercy, and a Consentanious, omission, In the Superiors of the Kingdom, Blind zeal, False mercy, and a consentaneous Omission. either by negligence, or which is above all most horrible, when money i received, for giving consent unto a Crime, and the Enemy of Christ is unjustly defended by the Alms given to the Clergy; Whereupon St. Augustine in his 3. Epist. to Macedonia writeth, We more mercifully do draw back than give to such Persons; for he doth him no good, who helpeth a man, but rather doth pervert him and oppress him; Whereupon it is to be admired, why a Clergyman who hath a thorn in his foot, will suffer a Layman to pull it out, that he might walk the better, Note. and will not suffer him when Riches do choke his affections to take them away from him, that so walking uprightly in the footsteps of Christ, he might save his Soul, unless peradventure he would show thereby, that he loveth the sole of his Foot better than he doth his Soul: For if he loved his Soul better, he would then with joy sustain the plunder of his Temporals; for so those Christians did to whom the Apostle writeth, Heb. 10. you took joyfully the spoiling of your Goods, knowing in yourselves, that you have in Heaven, a more enduring substance. And since our Saviour having no fault in himself, did humbly and willingly endure the loss of his Garments, and a most bitter and ignominious Death; the example of our Saviour, and the consciousness of his own Gild should move every Clergyman even patiently to endure the taking away of his Goods. Note. But if a Clergy man doth so grievously murmur against the taking away of the mammon of Iniquity, how would he endure reproach, and blows, and spittle, and martyrdom, and Death itself for the Name of Christ? Such a Clergyman never thinketh of that in St. Ambrose, concerning the contempt of the world; In which he hath these words, O most wretched man! with what a fraud art thou circumvented? with what a grief art thou deceived? with what a snare art thou captivated? who fearest that thy worldly possessions should be taken from thee, and hast no fear in the mean time of losing of that most excellent Creature, thy own Soul? Again, God permitteth Ecclesiastical persons, so exorbitantly to offend, that they may deserve to be plundered of their possessions, neither doth he cause the plundering of them, but by setting Temporal Lords on work to see such an Execution thoroughly performed. Obj. This Article therefore is true. But peradventure it will be objected, That by the addition of this Particle that it is in their lawful Power so to do, according to their own arbitration, the whole strength of the Instance abovementioned is taken away. Ans. Nevertheless, according to the five Rules of Logic, and Metaphysics it is manifest, and plainly consequent, that if the King and Temporal Lords cannot do so according to their own Arbitrement, it must be so, because that Arbitrement is either a Power Judicial, or a Judicial Act of the same Power; and grant what may be granted: If the Temporal Lords could not act so according to that Power, or such an Act, it would follow, that they have no power to act any thing at all. Note. For if they ought to expect the Arbitration of the Bishop of Rome, or of the Archbishops, and all the Clergy of this Kingdom, the chief Power would reside in the Clerks only, and the great Prelates, and Bishops of the Kingdom; and so our King should not be King of Bohemia, neither any of the Peers of the Land, or Lords Temporal should have any visible Power, which must wholly and necessarily be reduced to the Clergy, The Dominion of the Clergy over the Power Politic. and by consequence the Clergy itself should be secularly over the King; which is directly against the Law of Christ, Luke 22. where our Saviour saith, That the Kings of the Gentiles do exercise Lordship over them, and they that exercise Authority upon them are called Benefactors. But you shall not be so. On which place Saint Bernard, writing to the Pope Eugenius, saith, that Lordship was forbidden the Apostles. Again, An excellent Reason. as Ecclesiastical Persons do joyfully receive Prayers from Kings and Dukes, for their good works: so by the same account when they do offend, they obediently aught to receive punishment from them for their evil work. The consequence holds, for punishment for sin, being humbly & patiently received, is more profitable to a Man, than Praise for a good work. Whereupon St. Gregory writeth to Mauritius the Emperor that did persecute him, I do believe that by so much the more you do please Almighty God, by how much the more you do punish me that am an evil Servant to him. If therefore the Pope without offence did so humbly receive punishment from the Emperor, why should not an inferior Clergyman be as patient, who justly, nay peradventure, who grievously offendeth? why should not, he I say, receive patiently punishment from him who is his King, or Prince, or Duke, and to whom he is subjected? Saint Peter, the immediate Vicar of Christ, saith in his first Epistle and second Chapter, Submit yourself to every Creature for the Lords sake, whether it be to the King as Supreme; Or unto Governors, as unto those who are sent by him, for the punishment of Evil doers, and for the praise of them that do well, for so is the will of God. Leo the Pope subjected himself to Ludovick the Emperor. In order to this Rule Pope Leo did subject himself to Ludovicus the Emperor, as it is written, 2 Quaest 7. in these words, If we have done any thing incompetently, and have not to your Subjects observed the true rule of the Law, we are ready to amend and correct all things according to yours, and your Counsel's judgement; for if we who ought to correct the sins of other men do commit greater offences ourselves, certainly we are not the Disciples of Christ, but as with grief we speak it, we shall be above all others the Masters of Error; And in his tenth Distinction writing to the Emperor of Obedience, he hath these words, As for the most faithful, and irrefragable keeping and observing of the Imperial Orders and Precepts, and of the Bishops our Predecessors, (Gloss, that is of the Emperors who are anointed after the manner of Bishops) we profess, that both now, and always, to the uttermost of our Power, by the Grace of God we will be most careful; and if per adventure any other Man either hath or shall inform you otherwise, be assured for certain that he is a Lyar. Behold how that holy and devout Pope, calling even Emperors by the Name of Bishops, according to the rule of the Apostle Saint Peter, did submit himself, as well to obedience as to punishment. Why therefore should not a Clergyman of the Kingdom of Bohemia submit himself for the Lord's sake to the King in obedience? and if he hath offended in punishment also; The pride and tyranny of the Clergy.. and not only to the King, but unto Dukes; and not to Duke's only, but also to every humane Creature? for by how much the more he humbleth himself in this world for God, by so much he shall be the more exalted by God in the world to come; And what binder's that this should be done, but Pride only? by which Antichrist doth extol himself above our most humble Lord and Master jesus Christ. Also the foresaid opinion concerning the ablation of Temporalties, seemeth to be manifest out of the Prophecy of Hildegardis the Virgin, Hildegardis Prophecy. which she puts down in her Books under Eugenius the Pope in the Counsel of Treverse, approved and allowed by many Bishops of France, Italy, and Almain, which were there present, whereas also Saint Bernard himself was present; the which Virgin prophesying spoke in this manner, The Kings and other Rulers of the World, being stirred up by the just judgement of God, shall set themselves against them, and run upon them, saying, We will not have these men to reign over us with their rich Houses and great Possessions, and other worldly riches, over the which we are ordained to be Lords and Rulers; and how is it meet or comely, that those shavelings with their tools and chisils should have more soldiers, or more or richer armour or artillery than we? So is it not convenient, that one of the Clergy should be a man of War, neither a Soldier to be one of the Clergy. Wherefore let us take away from them that which they do not justly, but wrongfully possess. And immediately after she saith, The Omnipotent Father equally divideth all things, that is to say, the Heavens he gave unto the heavenly Creatures, and the Earth unto the earthly. And by this means was there a just division made between the Children of men, that the Spirituality should have such things as belong unto them, and the Secular people such things as are meet and necessary for them, so that neither of these two sorts do oppress each other by violence; for God doth not command, that the one Son or Child should have both the Cloak and the Coat, and the other should go naked: but he willed, that the one should have the Cloak, and the other the Coat. Wherefore the secular sort ought to have the Cloak for the greatness of their worldly cares, and for their Children, which daily increase and multiply. The Coat he giveth unto the Spirituality, that they should not lack clothing, and that they should not possess more than necessity doth require. Wherefore we judge and think it good, that all these aforesaid be divided by reason and equity. And whereas the Cloak and the Coat are both found, there the Cloak should be taken away, and given unto the needy, that they do not perish for lack or want. These aforesaid spoke the Virgin Hildegardis, plainly foreshowing the taking away of the Temporalities from the Clergy by the secular Lords, and showing for what cause they shall be so taken away. And what manner of division shall be made of those things that are taken away, that they be not consumed, and spent unprofitably. This blessed Hildegardis, whose Prophecy this, flourished about the year of our Lord 1046. as it is written in Martin's Chronicles. Hugo de Sa●am. part 2. Also Hugo in his second Book of Sacraments, in the second part, third Chapter and 7. saith, The Laity forasmuch as they intermeddle with earthly matters necessary unto an earthly life, they are the left part of the body of Christ. And the Clergy, for so much as they do dispose those things which do pertain unto a spiritual life, are as it were the right side of the body of Christ. And afterward interpreting both these parts himself, he saith, A spiritual man ought to have nothing but such as pertaineth unto God, unto whom it is appointed to be sustained by the Tithes and Oblations which are offered unto God: but unto the Christian and faithful Laity the possession of the Earth is granted; and unto the Clergy the whole Charge of Spiritual matters is committed, as it was in the Old Testament. And in his seventh Chapter he declareth, how that certain things are given unto the Church of Christ by the devotion of the Faithful, the power and authority of the Secular power reserved, lest there might happen any confusion; Forsomuch as God himself cannot allow any disordered thing. Whereupon oftentimes the worldly Princes do grant the bare use of the Church, and oftentimes use and power to exercise Justice; which the Clergy cannot exercise by any Ecclesiastical Minister, or any other person of the Clergy, Notwithstanding they may have certain Lay-people Ministers unto that office. But in such sort, saith he, that they do acknowledge the power which they have to come from the Secular Prince or Ruler, Note. and that they do understand th●ir Possessions can never be alienate away from the King's power; but (if that necessity or reason do require) the same Possessions in all such case of necessity do owe him obeisance and service. For like as the King's power ought not to turn away the defence or safeguard which he oweth unto other: so likewise the Possessions obtained and possessed by the Clergy, according to the duty and homage which is due unto the Patronage of the King's power, cannot by right be denied. Thus much writes Hugo, with whom john Hus concludes his Disputation. Mat. 5. 39, 40. But I say unto you, that you resist not evil; And if any man will sue thee at the Law, and take away thy Coat, let him have thy Cloak also. Phillip 3. 8, 17, 18, 19, 20. Yea doubtless, I count all things but l●sse, for the excellency of the knowledge of Christ jesus my Lord, for whom I have suffered the loss of all things, and do count them but dung, that I may win Christ. Brethren be followers together of me, and mark them which walk so, as ye have us for an example. For many walk of whom I have told you often, and now tell you weeping, that they are the enemies of the Cross of Christ; whose end is destruction, whose God is their belly, whose glory is their shame; who mind earthly things. But our conversation is in heaven. Col. 3. 1, 2, etc. If ye then be risen with Christ, seek those things which are above, where Christ sits at the right hand of God. Set your affection on things above, not on things on the earth; for ye are dead, and your life is hid with Christ in God. Mortify therefore your members which are upon the earth, inordinate affection, evil concupiscence, and covetousness, which is idolatry; for which things sake the wrath of God cometh upon the children of disobedience. A supplemental Appendix to the premised Disputation of John Hus, irrefragibly evidencing the Supreme jurisdiction of our Kings, Lords, and Parliaments, not only over the Persons, Liberties, Lives of our Archbishops, Bishops, Abbots, Priors, Churchmen, in cases of High Treason, Rebellion, Disobedience, Contumacy and Disloyalty; but likewise over their Temporal Lands and Estates, to seize and confiscate them without Sacrilege or Injustice. HAving presented the Readers with the memorable Disputation of this famous learned Bohemian Marty john Hus, in justification of our English Apostle, and prime Assertor of the Reformed Religion, we now profess, whose Doctrine spread itself into (a) Mr. Fox Acts and Monuments, vol. 1. The Preface to John Hus his work, Bishop Jewel, Dr. Jo. White, Bishop Usher, Dr. Fearly, Ill●ri●. Catalogus Testium. Veritatis, and others. Bohemia, Germany, and other parts, to the subversion of the Popes and Prelates usurped Authority over Kings, & Popery by degrees. It will not be unseasonable, by way of Appendix, to subjoin some memorable domestic Evidences & Precedents in all Ages, to justify their opinions in point of practice: Not with the least intention to deprive the faithful, painful Ministers and Preachers of the Gospel, or any true Evangelical Bishops of the ancient Glebes, Tithes, Deuce belonging to their respective Parochial Churches, or of that liberal competent Maintenance, or (b) 1 Tim. 5. 17, 18. Mat. 10. 10 1 Cor. 9 4, to 16. Gal. 6.6. H●b 7. 2, to 11. double Honour which belongs unto them by a divine right, and common natural Justice, for their labour in the work of the Ministry, which I have (c) In the first & second part of A Gospel Plea for the Tithes and settled, Maintenance of the Ministers of the Gospel. London, 1656. publicly and largely asserted: But only to vindicate the just Prerogative of our Kings, and Jurisdiction of the Temporal Lords and Commons in Parliament, over the Persons, and superfluous large Temporal Manors, Lands and Possessions of delinquent Archbishops, Bishops, Abbots, Priors, Deans, Chapters, Monks, and other religious Persons, which are not of Divine or Apostolical, but mere Humane institution, and not absolutely necessary to the being of the Church of Christ, as true Evangelical Bishops and Ministers are, whose principle office and duty is frequently to preach the Gospel, and administer the Sacraments; not to domineer over their people, or suspend them from the Lords supper. Mat. 28. 19 20. Mar. 16. 15. 1 Cor. 5. 7, 18, 21, c. 9 14, to 19 2 Tim. 4. 2, 5. Rom. 10. 19, 20. 1 Pet. 5. 2, 3. To this end, I shall desire our Archbps. Bps. and other Cathedralists to consider 1. That (d) Distinctio 80. Gratian the Canonist, (e) Sentent. l. 4. Dist 14. Peter Lombard the School-man, with most other Canonists and Scholmen in their Glosses or Commentaries on their Texts; (f) Antiq. Eccl. Brit. p. 7. Matthew Parker Archbishop of Canterbury, Mr. (g) Acts and Monuments, Lond. 1641. vol. 1. p. 138, 139. john Fox, (h) Description of England l. 2. c. 1, 2. William Harrison, (i) Chron. part 7. p. 83. Richard Grafton, (k) History of Great Britain, p. 132. john Speed, and no less than thirty more of our ancient Historians and other Authors, quoted by (l) De Brit. Eccl. Primordiis, c. 5. p. 56, 57, 58, 59, 1ST, 101. Archbishop Usher for this purpose, affirm, That the ancient Britain's before their conversion to Christianity had 28. Flamines, and 3. Archflamines in this our Island, to whom the other Priests were subject, having distinct Cities, Sees, Dioceses, and Temples wherein they resided and exercised their Ecclesiastical Jurisdictions; that King Lucius upon his conversion to Christianity, about the year of our Lord 175. by Pope Elutherius his direction, took away their Sees, Lands and Temples from them, and placed 28. Bishops, and 3. Archbishops in their steads, turning their Sees into Archbishoprics and Bishoprics, and their Temples into Cathedral Churches. Yea Gratian himself Distinctio 21. and the Glossers on him resolve, That the distinction among Priests, whence some are styled Priests simply, others Archpriests, others Choral Bishops, others Bishops, others Archbishops or Metropolitans, others Primates, others Chief Priests (m) 〈…〉 a Gen●●b is maximè introducta est, &c Gratian 〈◊〉. 21. WAS PRINCIPALLY INTRODUCED BY THE GENTILES (not the Apostles or Primitive Christians) who called their Flamines, some simple Flamines, others Arch-flamines, others Proto-flamines. If then these their Hierarchical orders were originally derived from, & they succeeded the Pagan Flamines, Arch-flamins, Proto-Flamins, in their Sees, Jurisdictions, Temporalties, and Cathedrals, which King Lucius took from them without sacrilege or impiety; then by the like reason and precedent our Kings or Temporal Lords and Commons in Parliament may divest our peccant Prelates of their Sees, Temporalties, Cathedrals, & convert them to other uses for the public ease and benefit of the Kingdom, when they see just cause, being originally dedicated to these Flamines, Arch-flamines, Proto-flamines, and their Pagan Gods. 2ly. That admit these former Author's relations touching Flamines, Arch-flamines, and King Lucius erecting Bishops and Archbishops in their Sees, to be false and fabulous, as (n) Defence of the Ap●l●g part 2. Changed 4. divis. 2. Bishop jewel, (o) A discourse of the conversion of Britain. p. 26, 27. 28. Bishop Godwin, (p) De Brit. Eccl 〈◊〉 p. 57, 58, 92, 92, 99, 100 Bishop Usher, (q) Subversion of Father Pa●s●ns ●. conversions. Doctor Suteliffe, and (r) 1 Condil. T●m. 1. p 13, 14. Sir Henry Spelman repute them; yet it is agreed by all, that the primitive Evangelical Bishops from our Saviour's time, had no Temporal Lands or Possessions; till the year of our Lord 319. when the Emperor Constantine the Great first endowed Bishops and Churchmen with them, as (s) ●●●●es Hist●●. An. ●19 p. 33. Matthew Westminster and others record, though his pretended Donation of Rome and other Temporalties to Popes & their successions, as St. Peter's Patrimony, be a mere forgery, as (t) De donatione Constantin●. Laurentius Vall●, (u) His defence of Constantine. Dr. Crakinthor●e, and others quoted by them prove at large. Now (x) De utra ●ue potestate, c. 21. johannis Pa●●siensis, (y) Peli●h●●●●n. l. 4. c. 26. Higden, (z) Dialog. l 4. ●. 15, 16, 17, 26. Wickliff, the Lord (a) Fox Acts and Monuments, p. ●17, ●●. Co●●am, Purvey, (b) Answer to the Pre●●●● of Mr. Moor p 116. john Frith, (c) Chron in vita Sylvest. Nauclerus, (d) Sermon in Hag. 1. ●. 1 ●●●sence of the 〈◊〉 part ● c. 9 divis 3. Bishop jewel, (e) Reports of certain men, vol. 3. p 341. Thomas Beacon, and others relate, That when Constantine endowed the bishops and Church with Temporal Lands and Possessions, the voice of an Angel was heard in the air, crying, Hodie venenum infunditur in Ecclesiam, This day is Poison poured into the Church of God; and from that time (they observe) because of the great Riches and Temporalties the Church and Bishops had, they were made the more Secular, and had more worldly business, than Spiritual devotion; and more outward Pomp and Splendour, than inward Holiness; the Daughter, riches which the Church brought ●orth, devouring her Mother. Which if an experimental verity, as sundry of our own and foreign Writers attest, (as I have (g) The Antipathy of the English Lordly Prela●y to Monarchy and Unity, ch. 8, & 9 A Breviate of the Prelates intolerable Usurpations upon the King's Prerogative Royal, and Subjects Liberties, An. 1637. elsewhere proved at large;) then it can be no Sacrilege or Impiety, but wholesome physic, for the King and Temporal Lords and Commons in Parliament for just causes, to take away this poison from Bishops, and Cathedral Churches, which hath so much poisoned, corrupted them; and to reduce them to the condition of the Primitive Bishops, who by the Decrees of the (h) Surius Concil. T●m. 1. p. 513. Gratian Distinct. 41. Vt Episcopus non longè ab Ecclesia Hospitiolum habeat. Vt Episcopus vilem supellactilem, & mensam, ac Victum pauperem habeat, & dignitatis suae authoritatem, fide & vitae meritis quaerat. 4th. Council of Carthage, c. 14: and the Exceptions of ●g●●rt Archbishop of York, Anno 750. c. 26. were only to enjoy mean Householdstuff, course Food, and HOSPITIOLUM, a little Cottage near the Church; not a Royal Palace or Lordly Manors, which made them more Proud, Lordly, Secular Tyrannical, Pompous, Covetous, than any Temporal Lords, and to take precedence of them both in great Councils, Parliaments, and other public Assemblies, yea to intrude themselves into the greatest Temporal Offices, to the great neglect of their Spiritual Functions, they scorning to hold and follow the Plough of Christ, after they became Lords and Barons of the Realm, (i) Spel●●anni Concil. T●m. 1. p 261. (as Bishop Latymer proves at large in his 4th. Sermon of the Plough) and forgetting these Canons of the 4th. (k) Surius, T●m. 1. p. 525. Gratian cause 2. qu. 7. caus. 13 qu. 1. Council of Carthage, c. 19, 20. Vt Episcopus pro rebus transitoriis non litiget provocatus. Vt Episcopus nullam rei familiaris curam ad se revocet, sed Lectioni et Orationi, et ver●i Dei praedicationi tantummodo vacet, as the primitive Bishops did; which would gain our present Bishops more love, respect, reverence with God, and all good men, than all their Lordly Pomp, Temporal Lands or Baronies, which in all Ages have made Bishops and Cathedral-men more Secular than Spiritual, more proud, luxurious, covetous, vicious, than religious or virtuous, as Gregory Nazianzen, Oratio 26. & 35. Isiodor Pelusiota, Epist. l. 2. Epist. 125. & l. 3. Epist. 223. Gregorius Magnus, lib. Pastoralis Curae, part 2. c. 6. Moralium in Job, l. 24. c. 29, 30. & Homil. 17. in Evangelia, Gildas acris Correptio c'eri Britanniae, St. Bernard Sermo. 22, 23, 77. Cantica. ad Clerum in Concilio Rhemensi, de Consideratione ad Eugenium, l. 1, 2, 3, 4. Epist. 42. Henrico Senoniensium Archiepiscopo, Johannis Sarisburiensis de Nugis Curialum, l. 8. c. 17, 23. Petrus Blesensis, Archdeacon of Bath; Tractatus de constitutione Episcopi, Johanni Wigorniensi Episcopo & Epistola 15, 18, 22, 25, 43, 64. Robertus Holcot in lib. 5. Sapientiae Lect. 77. Alexander Frabricus Destructorium Vitiorum, pars 4. c. 8, 14, 21, 22. pars 5. c. 2. pars 6. c. 2. 26, 40. John Wickliff Dialogorum, l. 3. c. 14, 17, 23. Alvarus Pelagius de plancotu Ecclesiae, l. 1. Artic. 70. D. l. 2. Artic. 1. to Artic. 17. Nicholaus de Clemangis, de Corrupto Ecclesiae statu, c. 17, 18, 19 Episcopus Chemnensis; Onus Ecclesiae, cap. 14, to 27. Joannes Aventinus Annal. Boyorum. l. 5, 6, 7, 8. Albertus' magnus in Evangelium Johannis, c. 10. Picus Mirandula, Oratio ad Leonem, 10. Petrus de Aliaco, de reformatione Ecclesiae, Abbas Uspergensis Paralip. p. 164. Fasciculus Rerum expetendarum, p. 173. Ma●s●l. Patavinus Defensoris Pacis, part 2. c. 11. Theodoricus à Niem. l. 3. c. 41, 45. & l. 2. & Nemore Unionis, c. 19 Guicciarden Historiae Ital. l. 6. St. Brigets Revelationes passim, Petrus de Vinels, Epist. l. 1. c. 35. Illi●icus Catologus Testium Veritatis, (k) Fox Acts and Monuments vol. 1. p. 529. 530, 532. Peirce Ploughman his complaint of the Abuses of the World; Sir Geofry Chaucer in his Ploughman's tale, (l) Fox Acts and Monuments, ●●nd. 1610 p 46, 463. Lucifer Prince of Darkness his Letters to the Prelates of England, written, as is supposed by William Suinderby a Martyr, Dr. Barnes his Supplication; his Articles, p. 210, to 216. and Mr. William Tyndal his obedience of a Christian man, and Practise of Popish Prelates, john Bale, de Vitis Pontificum, Centuriae Scriptorum Brit. and Image of both Churches on the Apocalypse; john Frith a Martyr, in his Answer to Mr. M●res Preface; Roderick M●rs his Supplication to King Henry the 8th. and Parliament, c. 23, 24. Another Supplication to King Henry the 8th. printed 1544. The Image of a very Christian Bishop, and of a counterfeit Bishop, printed Cum Privilegio Regali under King Henry the 8th. William Wraghton his Hunting and Rescuing of the Rhomish Fox, dedicated to King Henry the 8th. Henry S●albridge his Exhortatory Epistle to his True Countrymen of England against the pompous Popish Bishop thereof, printed in H. the 8th. his reign at Basil, Martin Bu●er Regius Professor of Divinity in Cambridge; D● Regno Christi, dedicated to King Edward the 6th. l. 2. c. 1, 2, 12. & De vi & usu sancti Ministerii; The Image of both Pastors, printed at London Cum Privilegio 1550. Bishop Hooper on the 8th. Commandment, p. 78, 79. Bishop Latymer his 4. Sermon of the Plough; Matthew Parker (or jocelin) Antiquitates Ecclesiae Brittannicae, p. 139, to 144. Thomas B●acon his Reports of certain men, and in his Supplication, vol. 3. Bishop jewel in his Sermon on Haggai 1. p. 176. and on Matthew 9 p. 198. (All which the Studious may (a) See my Supplementum ad Flagellum Pontisic●, etc. And my Antipathy of the English Lordly P●●la●y, etc. ch 8. where most of their words are quoted at large elsewhere peruse at leisure) and sundry others jointly attest. Upon which consideration, not only Wickliff and Hus, but several of our Martyrs, as (b) Fox Acts and Monuments, vol. 1. p. 609, to 618, 622, 642, 653. 711, 514, to 522. vol. 2. p. 609, 610. William Suinderby, Walter Bruce, john Purvey, Sir john Oldcastle Lord Cobham; Sir john Borthick, justified the lawfulness and necessity of taking away the Bishops abused Temporalties which were such poison to them. 3ly. That many of our Kings by the Laws and Customs of the Realm, and by virtue of their Royal Prerogative have kept our Archbishops and Bishops Temporalties in their hands, and taken the profits of them as their Demesn rents, keeping their Sees when void by death, translation or resignation for sundry years together; as * Cum vocave rit Arichiepiscopatus. Episcopatus, vel Abbatia vel P●●natus in D●m. Regis, esse 〈…〉 m●nes ●●●●i●us, Scut Dominicos ●e●ditus ●uos Mat. Paris, p. 9●, 9●. 〈…〉. col. 〈◊〉 86. 〈…〉, An. 11●4 all the Archbishops, Bishops, Abbots, Priors, and Great-men of the Realm acknowledged, and ratified by their Oaths in their famous Recognition in the Great Council held at Clarendon, Anno Domini 1164. which these Precedents will abundantly evidence. In the year of Grace 653. after the death of Honorius Archbishop of Canterbury, that See continued void 18. months. Anno 669. after Adeodatus his death it remained void almost 4. years, Anno 690. after Theodorus his death it was kept void almost two years, and as long after T●twins decease, Anno 734. After Cuthberts' death Anno 758. it was vacant above one year. Anno 7. 2. two years after Bregwins death, Anno 790. three years after Lambert's death, Anno 830. above one year after Wilfreds' decease, Anno 958. almost three years after Odo his expiration, Anno 1089. four years after Lanfrankes departure, Anno 1109. five years after Anselmes death, Anno 1136. two years after William Corbel, a Godwits Catalogue of Bishops, p. 52, 53, 55, 56,57,58, 59, 76, 81, 83. 84, 111, 112, 114, 119 See Malmesbury de Ges●●, P●tisi●●●, 〈◊〉 Radu●s de Di●eto, Chron. johan. Brompt. Geru. Dorobe●n. Actus Pontif. Cant. Huntindon, Hoved. Antiq. Eccl. Brit. Mat. Westm. Mat. Paris, Walsing. and others accordingly. Anno 1151. three years after Richard Wethershed, Anno 1242. two years after St. Edmond, Anno 1270. as long after Boniface, Anno 1502. two years after Henry Dean, An. 1558. one year after Cardinal Poole, Anno 648. After Paulinus the first Archbishop of York, that See was kept vacant 20. (some say 30.) years, Anno 1114. sundry years after Thomas the second, Anno 1140. almost two years after Thurstan, Anno 1151. ten years after Roger's death, Anno 1213. four years after Geoffry, Anno 1255. thirteen months after Walter Grace, Anno 1303. after Thomas de Corbridge, above two years, Anno 1315. two years after William de Greenfield, Anno 1240. two years after William de Melton, Anno 1405. two yearrs and an half after Henry Scroop, an Archtraitor beheaded for Treason, Anno 1423. two years after Henry Bluet, Anno 1449. almost four years after john Kemp, b Godwin. p. 559, 587, 598, 599, 607, 608, 623. Tho. Stubs, Actus Pontif. Ebor. S●●●. Dunelm, Radulph. de D●ceto, Malmesb. de Gest. Pontif. l. 3. Flor. Wig●rn. Anno 1464. two years after William Booth, almost a full year both after Cardinal Wolsie, and Edward Lee, Anno 1559. after Nicholas Heath, two years, 1568. after Thomas Young, above one year. Thus long have both our Archbishoprics been kept void, and their Temporalties held in our King, hands to their own use, by virtue of their Prerogative Royal, without any Sacrilege, Injustice, Impiety, or any real prejudice to Church or State. [a] Godwin p. 1●3, 184. 189, 190, 191, 19●, 202, 224,21●, 220. 230,24●. 245, 24● An. 619. after M●llitus Bp. of London his translation to Canterbury, that See continued void 32. years together, An. 664. 2 years, An. 1133.7. years after Gilbert, Anno 1187. after Gilbert Foliot above two years, An. 1279. above one year after john de Chishul, Anno 1303. almost two years after Richard de Graneford, Anno 1●01. after Thomas Savage above two years. Anno 1171. after the death of Henry de Bloyes, the Bishopric of Winchester was kept void above 3. years, Anno 1238. after Peter de la Roch five years, Anno 1243. after William de Rawley sixteen years, Eth●lmarus by the King's donation holding it nine years without consecration, Anno 1259. after Henry de Wengham six years, Anno 1493. after Peter Coventry above one year, Anno 1500. after Thomas Langton two years, Anno 1528. after Richard Fox two years, Anno 1530. after Cardinal Woolsey almost 4. years, [b] Godwin p. 255, 256,261, 262, 264,265, 266,275,277, 279, 281. Anno 1131. after the death of Hervetus first Bishop of Ily, that See was void above two years, Anno 1169. after Nigellus the second Bishop five years, Anno 1197. after William Longchamp above one year, Anno 1214. after Eustachius above five years, Anno 12. 6. after William de Rilkenny above one year, Anno 1297. after William de Luda two years, Anno 1373. after john Barnet two years, Anno 1434. after Philip Morgan three years, Anno 1500. after john Alcock one whole year, Anno 1533. as long after Nicholas West, Anno 1581. after Richard Cox almost twenty years together, [c] Godwin, p. 294, 295, 297, 308, 3●9. Anno 1163. after the death of Robert de Chisney the fourth Bishop of Lincoln, that See continued vacant almost seventeen years, Geoffry (Henry the second his base son) taking the profits thereof without any consecration, by the King's Concession, Anno 1584. after Walter de Constantiis two years, Anno 1200. after St. High almost three years, Anno 1206. after William de Breyos three years, Anno 1●90. after john Russel two years, Anno 1513. after William. Smith one year, [d] Godwin. p. 317 3●8, 319, 321, 322,343, 347, 348. Anno 1085. the Bishopric of Coventry and Lichfield was kept vacant two years after the death of Peter, and as long, An. 1127. after Robert Peach, as long, An. 1180. after Guaccus P●●●n, as long, An. 1208. after G●●ffry de Muschamp, An. 1238. almost 3. years after Alexander de Savenshy, An. 1243. after Hugh Pat●shull 2. years, An. 1386. as long after Richard Scroop, An. 1490. as long after john H●sse, [e] Godwin. p. 33●, 338.344, 345, 355,356. An. 1099. after Osmond his death, the second Bishop of Salisbury, that See was 8. years kept vacant, An. 1225. after Richard Poorer ●. years, An 1270. 4. years after Walter de la Vaile, An. 1588. 3. years after john Pierce, 1596. 2. years after john Co●●well, [f] Godwin, p. 3●4, 3●5,368, 3●0, 383,385, 3●●. An. 1166. the Bishopric of Bath and Wells upon the death of Robert continued void 8. years, 8. months, and 15. days, An. 1242. after joceline, 2. years, An. 1262. after William Burton, An. 1503. as long; after Oliver King, An. 1547. as long; after William Knight, An. ●3●●. 3. years; after Gilbert Barkely, An. 1590. 2. years after Thomas Godwin, [g] Godwin, p. 396, 398,420, 421, 429. An. 1103. the Bishopric of Exeter after. O●bertus decease was kept vacant 4. years, An. 1182. after Bartholmeus Iscanus, 2. years, An. 1119. after William Herbert, the last Bishop of Thetford, his death, that See (now Norwich) was kept vacant 2. years, 1214. after john de Grey it was kept vacant 7. years, 1222. after Pandulfus 3. years, An. 1236. after Rodulphus almost 3. years, and as long after William de Raleigh, An. 1240. after Henry Spencer, An. 1406. almost 2. years, [h] Godwin, p. 439. 440,444, 445, 446, 449. An. 1095. after the death of Wolstan Bishop of Worcester, that See was kept vacant 2. years, An. 1113. as long after Samson, An. 112●. almost as long after Theulphus, and An. 1179. after Rog●●, An. 1184. after William de Northale 5. years, An. 119●. after john de Constantiis two years, An. 1212. as long after Maugere, An 1373. as long after William de Lyn, An. 1417. as long after Thomas Pondrell, An. 1427. 7. years after Thomas Polton, An. 1590. 3. years after Boniface Brent, [i] Godwin, 453, 454, 455,456, 5●1. An. 1056. the Bishopric of Hereford, after Leoneards death continued four years vacant, An ●127. after Richard above 4. years, An 1167. after Robert de Melim, above 6. years, An. 1539. after john Skip above 13. years, An. 1585. after Herbert West full 17. years, An. 1526. the Bishopric of Chichester was void almost 4. years; after john Reempale his death, An. 1006 after Richard Fitz-Iames 2. years, An. 1235. the Bishopric of [a] Godwin, 484, 485, 486,487, 488,452, 496, 501, 502. Rochester after Henry de Sandfords' death was kept vacant 3. years, An. 1277. 2. years after Walter de Merton, An. 1316. after Thomas de Waldham 3 years, An. 1401. as long after john Baltisham, An. 1538. after john Fisher two years, An. 1557. the new created Bishopric of Oxford, after the decease of john King first Bishop there, was kept vacant ten years; An. 1568. after Henry Curwin the second Bishop it was kept void twenty one years together, An. 1592. after john Vnderhill the third Bishop, it continued void 11. years, so little want was there of a Bishop in that poor See, An. 1559. the new created Bishopric of Gloucester; after james Brooks the third Bishop his death was kept vacant three years, An. 1578. as long after Edmond Cheyney, An. 1538. the new erected Bishopric of Bristol; after Paul Bresh the first Bishop was kept vacant four years, An. 1578. three years after Richard Cheyney, which See continued void otherwise than by Commendam thirty one years together, An. 1593. it continued vacant ten years together. So little need was there of a Bishop in this See, [b] Godwin, p. 512, 514,530, 536,558,547, 549, 531. An. 1397. the Bishopric of St. David's; after john Gilberts death, was vacant four years, An. 1592. after Marmaduke Middleton almost two years. An. 1133. the Bishopric of Landaffe upon Urbans decease was kept void six years, An. 1183. after Nicholas ap Georgant five years, An. 1240. after Elias de Raynor above four years, An. 1287, after William de Brews nine years, An. 1213. the Bishopric of Bangor after Robert of Shrewstury was kept vacant two years, An. 1374. as long after john Gilbert, An. 1378. after john Swassham twenty years, An. 1266. after Amanus the first Bishop of Rangor, that See was vacant two years, An. 1313. after Lew●lin six years, An. 1406, after john Trevour five years, An. 1439. after Robert five years, [g] Ma West An. 1020. p. 403. Godw. p 931, 643, 647,65●, 652, 663,656, ●●●, 671, ●85, ●●●. An. 1017. after Aldbanus of Durham, that See continued void above three years, An. 1096. as long after William Carlapho, An. 1140. after Geoffry Rusus above five years, An. 1207. after Philip of Poytiers above ten years, An. 1226. above two years, the King threatening the Covent that they should have no Bishop in seven years, An. 1237. after Richard Poor two years, till Ethelmate his half Brother (whom he commended to the Monk's election) should be of age, An 1505. after William Severus two years, An. 1587. after Richard Barnes almost two years, An. 1577. the Bishopric of Chester was kept vacant two years. If then all our Bishoprics in several ages (to omit the long vacancies of later times) have been thus kept void, 2,3,4,5, 6,7,8,10,15,20, & 30. years or more together at divers times (to omit all annual vacancies) without any prejudice to the Church or State, and with very great benefit to the Kings of England, who enjoyed the Temporalties in the mean time; then certainly Diocaesan Bishops are no such necessary Creatures of divine institution in the Church of Christ as some esteem them, but that they may be spared, and their Lands, Temporalties sold or leased, as well as thus seized by our Kings without Sacrilege or Injustice, when as no Parish Churches can spare or want their Parochial Ministers who are of God's institution, above six months at most. [h] Rastal Advowson 1, 2, Concil. 5. Late ranense, 2 Can. 29. Summa Angelica Benefictum. sect. 31. Summa Resella Beneficiam, 1. After which if the Patron present not in the interim an able and sufficient Clerk the Ordinary by the Canon & Common-law may collate, and sequester the profits in the mean time, only to defray the officiating of the Cure, which must be at no time intermitted or neglected because of Divine institution, and so absolutely necessary both for the People's instruction and salvation, which these long vacancies prove Diocaesan Bishops are not. 4ly. That as our Bishops, Abbots, Priors, * Ingulphi Hist. p. 896, 908, Eadmerus Hict l. 2, 3, 4. Malmesbury, De Gestis Pontificum, c. 1. Antiqu. Eccles & Godwin in Auseb, Spelman Glossari●m, 'tis Fidelitas, Homagia Ligeum & Investitura; and the first part of my Brief Register and Survey of Parliamentary writs, p. 195, to 207. where it is largely proved. Chron. johannis Brompton, p. 1038, 1039. Co●ks 1. Instit. p. 64,65. did originally for some hundreds of years receive their actual Investitures into their Church's Temporalties from the King alone, per Annulum & Baculum, by a Ring and Pastoral staff; delivered to them in nature of a Livery and seilin, extorted from our Kings by the violence and tyranny of Pope Vrban and Pascal the 2. and Treason of Archbishop Anselm, against the Right of the Crown, and Custom of the Realm; so they did likewise hold all their Baronies and Temporalties from, swear Fealty, and do Liege Homage to our Kings for the same as their Supreme Liege Lords, like other Barons, and were as far forth responsible for them to the King's justices and Ministers, as Lay-Barons and Tenants were; which they all acknowledged in their Recognition to King Henry the second, in the Council of Clarindon as our * Mat. Paris, p. 96, 97. Histories assure us; and were liable to forfeit them for their Treasons, Rebellions, Disloyalties and Contempts against the King and his Crown, as well as Laymen, our Kings being alike Sovereign Lords and Kings to them, as well as other Subjects and Tenauts; and that jure Domini, as their Supreme Landlords and Patrons, from, by and under whom alone they held their Temporalties. 5ly. That the Kings of England as Supreme Heads and Governors under Christ of the Church of England, have in all ages enjoyed and exercised a Sovereign Power and Jurisdiction over all Archbishops, Bishops, Deans, Chapters, Abbots, Priors, and other Ecclesiastical Persons in all Causes whatsoever; as well as over their Temporal Subjects, to visit, reform, order, correct, restrain, amend, punish all their Errors, Heresies, Offences, Contempts, Enormities, Treasons, Rebellions against their Persons, Crowns, Dignities, and Royal Authority punishable by any Spiritual, Ecclesiastical or Temporal Authority or jurisdiction, and to punish their Persons by imprisonments, banishments, death, scisure, sequestration, confiscation of their Temporalties, Bishoprics, real and personal Goods and Estates, as is enacted by the several * See Rastals Abridgement, Title, Provision and Praemunire, & Rome. Statutes against Provisors, and the express Statutes of 25 H. 8. c. 19, 21. 26 H. 8. c. 1, 3. 27 H. 8. c. 10. 28 H. 6. c. 7. 10. 31 H. 8. c. 14. 32 H. 8. c. 22, 24, 26. 33 H. 8. c. 29. 34, & 35 H. 8. c. 17, 19 37 H. 8. c. 17. 1 Ed. 6. c. 2. 1 Eliz. c. 1. 5 Eliz. c. 1. 8 Eliz. c. 1. 13 Eliz. c. 12. and other Acts; The several Writs De Excommunicato capiendo, De Excommunicato deliberando, De Cautions admittenda, * Register of waits, pars 2. p. 20, to 70. Fitz. Nat. Brev. and in the Clause ●●lls. Quare impedit, Quare incumbravit, Quare non admisit, Quod Episcopus admittat, Ne admittas, Ne exeas Reguum, Vi jacca removenda; and especially by the several Writs of Prohibition, and ad Iura Regia, and Capias pro contemptu, wherewith our Records and Law-books are full fraught; I shall only recite some memorable Precedents of our Kings and Parliaments proceedings against our Archbps. & Bishops in seizing their temporalties, confiscating their Estates, banishing them the Realm, suspending from, and depriving them of their Bishoprics, yea in imprisoning, executing their Persons for their rebellion's Treasons, Conspiracies, Contempts against them, and their Royal Prerogatives in former ages, worthy their and our most serious consideration, and remembrance. To begin with our Archbishops, about the year of Christ, 765. [a] Will. Malmesburiensis de Gestis Pontif, l. 1. c. 4. Mat. Westm. An 765, 766, 767,797. Evidentiae Ecclesiae Cantuar. col. 1212, 1213, 1214. Spelmanni Concil. Tom. 1. p. 318, to 334. Antiq. Eccles. Brit. p. 26, 27, 28. Godwin in the life of jambert Chron. Will. Thom, col. 1774. Offa King of Mercians being highly offended with jambertus (or Lambert as some style him) Archbishop of Canterbury for his oppositions against him, seized and took away all his Temporalties within his Kingdom, detaining some of them to himself, and giving the rest of them to his Soldiers and Courtiers; and moreover by the Pope's consent, erected a new Archbishopric at Litckfield, took away six Bishoprics formerly subject to the See of Canterbury, and detained the Lands above thirty years, till at last restored by the judgement of two or three Parliamentary Great Councils, after many Petitions and Complaints, upon full hearing and examination. [b] Eadmerus Hist. Novor l. 1. 2. Malmesbur. de Gestis Regum. l. 4. De Gestis Pontif. l. 1. p. 204, 205. Chron. johan Brompton, col. 962, 968. Gervasius Dorob. Actus Pontif. Cant. col. 1652, 16●5. Radulsus de Diceto Abbreviationes Chron. col. 412,490. Henr. de Knighton de Event. Angliae. l. 2. c. 2. Polychronicon. l. 7. Mat Paris, p. 13, 14. Mat. Westm. An. 1070, 1083, 1089. Hoviden, Annal. pars prior, p. 453. Antiq Eccles. Brit. & Godwin in Stigand & Lenfrane, Holinsh, Speed, Grafton, Daniel. An. 1070. Stigand Archbishop of Canterbury, for refusing to Crown King William the Conqueror, and holding the Bishopric of Winchester in Commendam with his Archbishopric, together with many other Bishops and Abbots was deprived by the King's procurement, and kept Prisoner at Winchester during his life, receiving only a small allowance out of the Exchequer to support him; dying in Prison; his Bishopric remained void two years' space in the King's hands, no less than twenty five Manors being taken away from it, till recovered by ● ansrave his Successor, in a famous Council of the Noble: and Elders of England held at Penindene. [c] Eadmerus Hist. N●v. l. 2, 3, ●, 5. & vita Anse●m. Ma●n●e●●●●. De Gestis Pontif l. 1. p. 210. to 230 Mat Westm. & Hoveden An 1102, 1104, 110●. Mat Paris, p. 56. 57, 6●. Radulphus de Di●e●o. Abbreu. Chron fol. 4●4,495, 496. Chron. johannis Brompton. col. 999. Gorvasius Dorobem Actus Pomsle. Cont. col. 1658 1659. Antiqu Ecclesiae B●it. & Godwin in Anselm. Mr tyndal's practise of Popish ●elates, p. 374 Holinshed. vol. 2. p 21, to 36. 469, 472, Speed p 462, to 473. F●x Acts and Monuments, p. 169, 170. King William Rufus banished Anselm Archbishop of Canterbury out of the Realm for Treason, against him and his Sovereign Power, and seized his Temporalties till his death; after which King Henry the first recalling him, he most traitorously and obstinately oppugned the King's Prerogative of investing Bishops in their Bishoprics by a Ring and Pastoral-slast, and refusing to do homage to the King, or to consecrate any Bishops who received Investitures from him, or did Homage to him; for which he was banished for three years out of the Realm, all his Temporalties and Goods movable and immovable seized into the King's hands, with the Temporalties & Goods of those Bishops who renounced their Investistures by the King's donation by Anselmes persuasion. King Stephen seized all the Goods and Temporalties of [d] Neu●rigensis, l. 1. c. 10. Radolfios' de Diceto Abbreu. Chron. col 509. Gervisius Darobernensis, col. 1330. 1363, 1371, 1666. Antiqu Eccles Brit l. 117, 118. Holinshed, vol. 3 pl 57, 59 Godwins Gatalogus p. 85, 86. Speeds History, p. 496, 497. Theobuld Archbishop of Canterbury, and banished him the Realm, for departing out of England to Rome upon the Pope's summons, contrary to his express royal Prohibition; and for interdicting the King and whole Realm. After which being restored to his Archbishopric by the other Bishop's mediation, his Goods and Temporalties were again confiscated and seized into the King's hands, Anno 1152. for refusing to Crown Eustace King Stephen's Son, & he forced to fly the Realm, which he caused to be infested with fire, sword, and bloody wars. [e] Mat Westm. An. 1186 p. ●● 49 59 Mat. Paris. p 94. to 117 〈◊〉 Annal p●●● p●s●●● p. ●91. to ●3●. Chron ●e●●●asii ●spa● ●●●3, to 13●9 Radul●hus de D●●to, Ymogines Hist col. 53●. 543, 54●, 547. Her●betus & I●han●es ●arn●●ensi● in ●i●a ejoo, Gu●. Neubr●ge●sis, Hist l. 2. c. 16. Anti●u. Eccles. B●●t. p. 118, to 1ST Ho●inshed, p. 69, to 81. 〈◊〉. p. 80, to 96. F●x Acts and Monuments, p. 186. to 200. Speech H●st●ry p. 503 to 516. Thomas B●cket Archbishop of Canterbury, an infamous perjured Traitor to, and Rebel against King Henry the second his (advancer and indulgent Sovereign) grand Oppugner of his Royal Prerogatives, and of the Customs of the Realm, contrary to the Oath and Recognition of himself and all the Bishops, Clergy, and Temporal Lords, in the famous Great Council of Clarindon, endeavouring totally to exempt the Clergy from all Temporal power, jurisdiction, and judicature, for the most detestable Crimes and Murders, had all his Goods and Movables by judgement of the Bishops and Peers condemned and confiscated to the King, his Temporalties seized into the hands, all his Moneys, Jewels, Plate, confiscated together with all the Clergymen; goods who adhered to him; [f] Mat. Paris, p 264 An●i●u. Eccles. Br●t p 144. Holinshed, p. 1●9 Speed. p. 565. all his Kindred, Man, Woman, and Child secured, and afterwards banished the Realm, together with himself, for sundry years; and was at last slain in the Cathedral Church at Canterbury, for his manifold Treasons & Rebellions against the King, to the great disturbauce both of the Churches and Kingdoms peace. [g] Mat. Paris Histor. p 26●. An●i●u Eccles. Brit p. 1●4. H●linshed p. 169. Sp●ed p. 565. King john An. 1205. seized upon all Archbp. Hubert's Lands and Possessions after his death, for his manifold Contempts and Oppositions against his Royal authority and resolutions during his life. [h] Mat. Pa●is. p. 213, to 278. Mat. Westm. An. 1207, to 1214. Mr. Tyndals' practice of Popish Prelates p. 374, 375. Dr. Ba●ns his Supplication to King Henry 8. p. 189. Fox Acts and Monuments, p. 226, to 234. Antiqu Eccles Brit & Godwin in Stephen Langhton, Polychron●●●n, Fabian, Holinshed, Grafien, Speed in Hen. 3. Stephen Langhton his next Successor in the Archiepiscopal See of Canterbury, for his manifold Treasons and Rebellions against King John, had all his Temporalties and Goods seized by the King, and was suspended from his Archbishopric, and threatened to be deprived of it by the Pope. [i] Mat Paris, Mat. Westm. Holinshed in H. 3. Antiqu Ecclesiae Brit p. 191. G●dwin p. 114, to 119. Archbishop Boniface being commanded by King Henry the third to relinquish his Archbishopric, and depart the Realm, by reason of the grievous Complaints both of the Clergy and Commonalty against him, thereupon selled his Woods, leased out his Lands, extorted what moneys he could from his Tenants, and carried all with him in to Savoy, where he died. [k] Mat. Westm. An. 1294. 1295, 1296, 13●0, 1●●● 1305, 1036. Wa●singham Hist. Angl. p 34, 35,40,63 Antiqu. Eccles. Brit p. 209, to 213. Holinshed, p. 301, 302, 313. Godwin p. 125, 126, 127. Fox Acts and Monuments. p. 320, 321, 337. Bishop jewels defence of the Apology part 6. c 2. p. 521, 522. Cromptons' jurisdiction of Courts, ●. 19, King Edward the first, Anno 1301. put Robert Winchelsie Archbishop of Canterbury, with all the other Bishops and Clergy out of his Protection, and the Parliament House, and seized the Archbishop's Temporalties, Goods, Debts. After which divers High Treasons, and Rebellious Conspiracies were laid to his Charge by the King; who thereupon the second time seized all his Temporalties and Goods movable and immovable, appealed him to the Pope, banished him the Realm, forbidding any of his Subjects under grievous penalties to harbour him; and seized all the Lands of the Monks of Canterbury, and banished them the Realm, for furnishing this Archtraitor secretly with necessaries. [l] Walsingham Hist. Angl p. 136, to 147. Antiqu. Eccles. Brit. p. 236, to 258. Fox Acts and Monuments, p. 349, 350, 409. Godwin, 13●, to ●●7. Speed, p. 699. Holinshed, p. 161. King Edward the second caused all the Goods of john Stratford Archbishop of Canterbury to be seized, and his Temporalties to be sequestered into his hands, whiles Bishop of Winchester for taking that Bishopric by Provision from the Pope, against his Royal command. After which being advanced to Canterbury by King Edward the third, he was soon after accused of Treason, Treachery and Conspiracy with the French and Pope against the King, whose designs against them he crossed all he could; whereupon the King resolved to commit him Prisoner to the Tower of London, whither he sent the Bishop of Chichesier, than Lord Chancellor, and the Bishop of Lichfi●ld then L. Treasurer Prisoners for the like offences. Whereupon this Archbp. flying to Canterbury, and there standing on his Guard, refused to render himself, carrying himself very insolently and rebelliously against the King both in his Sermons and Excommunication; saying, That he had received no honour nor advancement from the King, but ONLY FROM GOD, and that he would give an account of his Actions in no. Court, and to no Person but in Parliament; Whereupon a Parliament was summoned, and divers heinous Crimes charged against him by the King; which the King after great suit and entreaty pardoned. [m] Walsingham Hist. Angl. p 161 Yp●digma Neustri●, p. 132. Antiqu. Eccles Brit. p. 275, to 282 and Godwin in his lif●. Simon Langham Archbishop of Canterbury, Chancellor of England, Anno 1371. was put from his Office, his Temporalties seized, and stripped of all his Archiepiscopal ensigns, for receiving from Pope Vrban the Cardinalship of St. Sixtus without King Edward the third his privity, who was highly offended with him for it. Anno 1386. [n] Walsingham p 261.262.263. Ypodigma, p. 139. Antiqu. Eccles Brit p. 283, to 295. Godwin, p. 102, 203 Graftons Chron. p 336. Simon Sudbury Archbishop of Canterbury in the insurrection of jack Straw was beheaded on Tower-Hill, his Head fixed on a Poll and set on London Bridge, as a Traitor and Enemy to the King and People. [o] Antiq Eccles. Brit p 196, to 300. Holinshed, p. 475,476. King Rich. the 2d. highly offended with Will. Courtney Archbishop of Canterbury, for receiving his Archbishopric by provision from the Pope, against the Law and his Prerogative Royal, and for other Misdemeanours, commanded all his Goods and Temporalties to be seized, and forced the Archbishop himself to hide his Head for fear of imprisonment, till he made his peace with him. [p] Rot. Parl. An. 21 R. 2. n. 15. 10 17. Exact abridgement of the Record in the Tower, p. 368. 1 H 4. Re●●a●l. n. 33, 48. Wa●singham Hist p. 397, 403. Polychion. i. ult. c. 8. Holinshed, p 488, to 514. Antiq. Eccles. Brit p. 303. to 311. Godwin, p 152, etc. Fox Acts and Monuments. p ●33. etc. Graf●●n, p. 390,391. Trussel. An 21 R 2. Thomas Arundel Archbishop of Canterbury was impeached and condemned of High Treason against the King in the Parliament of 21 Rich. 2. by judgement of Parliament; for which he was ordered to be banished the Realm, his Temporalties seized, his Lands and Goods forfeited. [q] Holinshed p. 1091. 1093. Cromptons' jurisdiction of Courts, fol. 12, Fox, vol. 3. Antiqu Eccles. Brit. and Godwin in his life Thomas Cranmer Archbishop of Canterbury, was committed Prisoner and impeached, convicted of High Treason against Queen Mary, for aiding the Usurper Queen jane against her, and his Goods and Temporalties seized. [r] Continuation of Holinshed, p. 1322, to 1329. Martin's Chronicl. p. 654, 655. Edmond Grindon Archbishop of Canterbury falling into Queen Elizabeth's displeasure, was suspended from his Archiepiscopacy by her order till his death. [s] See sanderson's History of King Charles the first, and Sir George Paul in his life. Archbishop Abbot for killing his Keeper by Chance-medley in shooting at a Back, was suspended from his Archiepiscopal Jurisdiction by King Charles the first for sundry years, and his Archiepiscopal Jurisdiction, power delegated to others. And [t] See my Canterbury's Do●m, the Parliaments journals, and A Collection of Ordinances. Will. Laud the last Archbishop of that See, in the Parliament of 16 Caroli, was impeached of sundry High Treasons and high Misdemeanours against the King and Kingdom, by the Commons of England, and Scots Commissioners; for which he was upon full Trial and Hearing, imprisoned, atttainted, condemned and beheaded on Tower-hill, his Goods and Temporalties sequestered, seized, sold by Judgement and Ordinances of both Houses of Parliament. To these numerous Precedents of the Archbishops of Canterbury, I shall annex some parallel ones of the Archbishops of York. [u] Will. Malm. de Gestis Pontif. l. 3 p. 260, to 166 Mat. Westm. An 871. Florentius Wigorniensis. An. 677, 691. Thomas Stubs. Actus Pontif Eboracens●um, col. 1691, 1741. Simeon Dune●m. Hist c 9 & Epistola de Archiepiscopis Ebor. col. 78. Richardus Hagustaldensis Hist. c. 8. col. 294. Rodolfus de Diceto, Abbreu. Chronicorum, col. 440. Chron. johannis Brompton, col. 792. Antiqu Eccles. Brit. p 4, to 19,74. Holinshed History of Britain l. 5. c. 34,35,36 l. 2. c. 2. G●dw. Catalogue of Bishops, p. 560, 561, 562. Hen. Spelmanni Concil. p. 146, 14●, 149, 157, 161, 162, 163, 178, 179, 200, to 206. Wilfred Archbishop of York for his Treason in favouring and aiding the rebellious Danes, and persuading Queen Ermenburga to desert her Husband the King, was by King Egfreds' prosecution twice condemned and deprived of his Archbishopric in two several Councils, his Temporalties and Goods seized, his Person imprisoned, his Archbishopric divided into two or three more Bishoprics, and himself exiled, some write for ten, others for eight years together, till at last with much importunity & many Letters from the Pope & others, he was restored to his See. [n] Malmesh de Gestis Pontif. l 3 p. 260. Mat. Westm. Grafton, Roger Hoveden, and Florentius Wigoruien. sis, An. 951, 952,953 Thomas Stubs, col 1699. Holinshed Hist. of England, l 6. c. 23. p. 158. Godwins catalogue, p. 567. Wolstan Archbp. of York, for his hamous Treason in deserting his natural Christian King Edgar, against his Oath, Allegiance, Piety, Function, Christianity, and adhering to the invading heathen Danes, who wasted the Country, and endeavoured to rout out the Christian Religion; and for murdering divers Citizens of Hertford, was deprived of his Bishopric, and imprisoned by the King for a year; and at last murdered himself. [o] Eadmerus Hist Novor. l. 5. & 6. Malmesbury de Gestis Pontif. l. 3. p. 274. 275. Polych●onicon, l 6. c. 1● Simeon Dunelmersis H●st. col. 141 Chronicon Johannis Brompton col. 1008. Gervasius Dorob. Actus Pontif. Cantuar. col. 1661. Thomas Stubs, Actus Pontif. Eboracensum, col. 1716. Antiqu Eccles B●i●. p 112, 113. Godw. Cat p 5●9, 580. Holinshed, p 41, 42, 49. Turstan Archbishop of York for receiving his consecration from the Pope at the Council of Rheims, against King Henry the first his express command, and his own Oath and Faith to the King, was banished the Realm, his Temporalties seized by the King for five years' space, and he hardly permitted to return into England, after many mediations and menaces of the Pope in his behalf. [p] Gul. Neubrigensis Hist. l. 4. c. 17. Mat Paris p 146, 147, 212, 212. Mat. Westm. Anno 1207. Chronicon Johannis Brompton. col. 1166, 1169,1171. Thomas Stubs, Actus Pontif. Ebor. col. 1724. Hoveden in Ricardo ●. & Johan. Holinshed. p. 143, 147.163, 170. Godw p 587, 588. Geoffry Plantagenet Archbishop of York for breaking his Oath with King Richard the first, was kept from his Temporalties, and imprisoned by William Longchamp. After this, Anno 1194. upon several complaints against him in Parliament, for hindering the King's Officers to gather a Tax in his Diocese, and sundry contempts against King john, his Lands and Goods were seized, and returned into the King's Exchequer by the Sherift of Yorkshire by the King's command; for which he excommuniting the Sheriff, was suspended his Bishopric, and forced to pay a Fine of 1000 l. for his restitution. After which, for excommunicating those who collected a Tax for the King, he was banished the Realm, and his Temporalties seized for above five years' time; the See being kept void above ten years' space in the King's hand, when he was first made Archbishop. Thomas Stubs, Actus Pontif. Ebor. col. 172●. Godwins Catalogue, p. 597, 598. Thomas Corbrig Archbishop of York for obeying and preferring the Pope's commands before the Kings, in admitting the Pope's Clerk to the Chapel of St. Sepulchers in York, and rejecting the Kings, about the year 1300. had for this his contempt three Baronies, anciently belonging and annexed to his Archbishopric, taken away and kept from him by King Edward the first, during the Archbishop's life, without restitution. [r] Walsingham Hist. Angl. p. 354, 368 Grafton, p, 458, 460,463,464. Speed p. 748, 749. Trussel. Godwins Cat. p. 601,602. l 1 R. 2. c. 1. 6, 7. Alexander Nevil Archbishop of York was attainted of High Treason in the Parliament of XI. King Richard the second, his Temporalties and Estate seized, and his Person adjudged to perpetual imprisonment in Rochester Castle; who flying the Realm, Pope Vrban made him Archbishop of St. Andrews in Scotland; but the Scots refusing to own his Papal Authority, he was stripped of both Archbishoprics, and forced to live a poor Parish-Priest in Louvain till his death. [s] Walsingham Hist. Angl. p. 416, 417. Ypodigma Neust, p. 168,170. Polychronicon, l. 8. c. 10. f. 326. Caxton. part 7. 430. Fabian, an. 611. 4. Hall's Chronicle, part 1 f. 25. Holinshed, p. 522, 529, 530. Speed Hist. l. 9 c. 14. p. 775. Stow, Martin, Grafton, Baker, in 6 H. 4. Godw. p. 604,605,606. Richard Scroop Archbishop of York was condemned and beheaded for High Treason against King Henry the fourth, and all his Temporalties, moneys, Goods seized and confiscated to the King An. 1405. [t] Hall's Chronicle, Anno 8, & 12 E 4. f. 201,202,22●, 224 Holinshed, p. 683,690. Grafton, f. 678,714. Speed, l. 9 c. 17 p 887. Godw. p. 609, 610, 611. George Nevil Archbp. of York (Brother to Henry Nevil the Great Earl of Warwick) a perfidious Traitor both to King Edward the 6th. and Edward the 4th. in the year 1472. was arrested of High Treason at Windsor by King Edward the 4th. all his Plate, Money, and other movable Goods (to the value of 20000 l.) seized for the King, together with a Mitre of inestimable value, by reason of the many rich stones adorning it, which the King broke and made a Crown thereof for himself; the profits & temporalties of hi-Bishoprick were taken into the King's hands for above 4. years' space, and himself long imprisoned at Calis & Guisnes for his Treason against the King. (a) Mr. Tyndals' practice of Popish Prelates, p 369, to 376 Halls Chronicle. 21 H 8. ●. 18●, 185. 100LS, 190. Antiqu. Eccles Brit. 355, to 37●. Fox Acts & Monuments. p. 899. to 909. Holinshed, p. 835, to 930. Hall, Grafton, St●w, Martin Baker, and others in 21, & 22 H 8. Godwin, p 620. to 623 See the Articles against him in Cooks 4. Institutes, c● 8 p. 89, to 98. Cardinal Thomas Wolsie Archbishop of York (a most insolent, proud, ambitious, covetous Prelate) for his manifold misdemeanours, Oppressions, and high crimes against the King, kingdom, people, and Kings royal Prerogative, was first attainted in a Praemunire An. 21 H. 8. whereupon the K. seized all his Goods, and took away the Great Seal from him. After which the Lords and Parliament exhibited sundry Articles of High Treason and other Misdemenours against him. Upon which by the Kings command he was arrested at Cawood of High Treason by the Earl of Northumberland in November 1536. his Plate, Goods and Temporalties seized, himself carried Prisoner towards London, with intent to bring him to the Tower, to be further proceeded against; to a void which infamy, he poisoned himself with a strong Purgation, whereof he died at Leycester Abbey, after which the King seized all his Lands and Manors, though a Cardinal and Archbishop. To these Precedents of the Archbishops of Canterbury and York, I shall annex the like of some other inferior Bishops. (b) Mat. Westm An. 1108 p. 86, etc. Mat. Paris p. 217.218, 214. Polychron l 7. c. 33 Fabian, pars 1. An. 1205. p 18. Holinshed, p. 171, 172 martin's Chronicle, p. 40 47, 48. Godwin, p. 194. Henry de Knyghton, De Event. Ang. l. 2. c. 14. William de sancta Maria Bishop of London, for interdicting the whole Realm, and excommunicating King john, together with Edward Bishop of Ely, and Maugerus Bishop of Worcester, who concurred with him in this interdict and excommunication to gratify the Pope, had all their Goods and Temporalties seized upon by the King, Anno 1201. their Castles demolished, and themselves banished the Realm for five years' space. (c) Mat Paris, p. 186, ●8●,944, 957. Godwin, 194, 125. Fulco Basset Bishop of London, a great Stickler for the Pope against King Henry the third, whom he oft affronted; ●●●●essed the King and Pope might take away his Bishopric, his Mitre, and Crosier, but not his Helmet and Sword, wherein he most gloried and confided. (d) Mat. Westm. An. 1259, 1165, 1296. p. 182,330, to 314. Mat. Paris, p. 961, 970. Godwin, p. 196. Holinshed, p. 171. Speed, p. 641. Henry Sandwich Bishop of London, against his corporal Oath of Fealty and Homage to King Henry the third, was a prime Stickler in the Baron's wars against this King, and Promoter of the Articles of Oxford in the forty second year of his Reign, which took away his just Regal Power and Government of the Realm, and delegated it to twelve Commissioners; which Articles all the Bishops consented unto and sealed with their Seals, and this Bishop amongst the rest; for which in a Council held at Westminster he was suspended both from his Episcopal Office and Bishopric, which were sequestered into the King's hands. (e) Fox Acts and Monuments, 1641. vol. 2 p 215,378.379, 380, 350,554.672, to 699. vol. 3. p. 105,106, 107,251, to 284,759,8●9,878,974 Martin's Hist p 453 Holinshed, p. 1259, 1260 Godwin, p. 144. Edmond Bonner Bishop of London, a grand Persecuter and Burner of God's true Saints, yea a bitter Enemy to King Edw. the 6th. and Queen Elizabeth, was twice deprived of his Bishopric for his Contempts and Misdemeanours, once in King Edward the 6th. his Reign, and again in the first year of Queen Elizabeth, for refusing the Oath of Supremacy and Allegiance, and murdering so many Protestants under Queen Mary; and by Authority of the Queen and Parliament committed Prisoner to the Marshalsee among Rogues, where he died amongst Rogues and Murderers, and was buried at midnight in obscurity. (a) Mat Westm, An 666, p. 234. G●dw p. 13 ●●●● Wina Bishop of Winchester, so highly offended Kenewalchus King of the West Saxons who advanced him, that in the year 666. he drove him out of his Country, and deprived him of his Bishopric. About the year of Christ 1107. (b) Mat. Westm. An 110●, 1107. ●. 1●●●●2, Godw p. 1●●,170. Hol●n●h●d, p. 3. King Henry the first was so far incensed against William Gifford, whom he had formerly invested in the Bishopric of Winchester by the delivery of a Ring and Crosier, for renouncing th●● 〈◊〉 Investiture, and refusing his Consecration out of fear to displease Archbishop Anselm, that he seized his Temporalties, and banished him the Realm. (c) Will. Malmesb. Nov l. 1, & 2. p. 178, to 194 Roger H●veden Annal. paris p●ie●. p. 48●. 482 Mat. Paris. p. 71. to 76. Mat. Westm An. 1●5, to 1150. Gul. Neub●●g Hist. l. 1 c. 9, to 11. H●linshe●●● 54. Godw. p. 92 to 22●. 223 Speed, p. 483, 484, 493, 494. Fox Acts and Monuments. p. ●81. Henry de Bloys Bishop of Winchester, against his Oath of Fealty and Allegiance to Q●. Maud, disinherited her of the Crown, and set up K. Stephen in her stead; who not long after falling out with this Bishop, seized all his Castles; whereupon he revolted to Maude, and procured a Pall from the Pope, to be made Archbishop of Winchester, and to have seven Bishoprics annexed to his Province. (d) Mat. Westm. An. 1243, 1244, p. 1●4, 175,178,179. Mat. Paris p. 788, ●89. 616, 619. Holinshed, 231, ●32. Godw. p. 227, 228. William Raley Bishop of Winchester for excommunicating the Mayor, Citizens, and Monks of Winchester for obeying King Henry the third his Edict, not to give him or his any victuals or lodging, and interdicting the Cathedral there, was forced to fly the Realm, and relinquish his Bishopric, till by Archbishop Bonifaces, and the Pope's mediations (which cost him a gratuity of 6000 l.) he made his peace with the King. (e) Mat. Paris, p. 774,775 780, 788, 789, 794, 824, 830, to 834, 847, 890,900,904,90●, 946,9●9. Additamenta p. 215. 219. Mat. Westm. Holinshed, Daniel, Speed, Craften in H. 3. Godwin p. 176.177. Ethelmar Bishop of Winchester, caused the Barons assembled in a Parliamentary Council at Oxford to take up Arms against him for his intolerable Insolences, Tyrannies, Exorbitancies, Oppressions, and to drive him out of the Realm; who seizing on all his Goods and Treasure they could meet with, writ Letters and sent Agents to Rome to stop his return into England, which neither the King, Lords, nor Commons would permit upon any Letters or solicitations from the Pope on his behalf to King Henry the third, and the Lords. (a) Mat Westm. An. 1265. 1266. Mat. Paris p. 951.970 972. Godw p 177. Holinsh●d 271. john Gernsey Bishop of Winchester was excommunicated by the Pope's Legate, his Temporalties seized, and he forced to fly to Rome for an absolution, for taking part with the Barons against King Henry the third, subscribing and ratifying with an Oath the Antimonarchical Provisions of Oxford in derogation of the King's Royal Power and Government, against his Oath and Allegiance to the King. (b) Antiq Eccles Brit. p. 286, 287. Godw. p. 231. Henry Woodlock Bishop of Winchester, interceding to King Edward the first, for Robert Winchessie Archbishop of Canterbury banished for Treason, and calling him his good Lord, had his Temporalties seized, Goods confiscated, and was put out of the King's protection. (c) Antiqu. Eccles. p 286. 287. Holinshed p 526. 527. Godw p. 184 185. William Wickham Bishop of Winchester for wasting and embesselling the King's Treasure to a great value, wherein he was condemned, had all his Goods seized, his Temporalties bestowed on the young Prince of Wales, and was likewise banished above twenty miles from the Court. (d) Fox Acts and Monuments Ed. 1641. vol. 2 p. 711 to 740 vol. 3 16, 40 1●3 527. Holinshed p. 1154 to 1161. Balaeus Scriptorum Brit Centur. 8. sect 88 Stephen Gardiner Bishop of Winchester, for a seditious Sermon preached before King Edward the sixth, and disobeying the King's Injunctions, was committed Prisoner to the Fleet, and afterwards to the Tower of London, for two years' space and an half, after which he was deprived of his Bishopric, seized into the King's hands, and sent to Prison again, being an implacable enemy to King Edward the sixth, and the Lady Elizabeth, afterwards Queen of England, whose death he oft contrived, and had well-nigh accomplished. (a) William Harrisons Description of England l. 2 c 1 p 138. Martin's History. p. 452. 453. 454. Bal●us Cent. Script Brit. l. 9 sect. 97. john White Bishop of Winchester, to obtain this fat Bishopric promised to give the Pope 1600 pounds a year out of it during his life; which Sin the Pope seemingly detesting, he was forced to pay much dearer ere he could obtain it; he threatened to excommunicate Queen Elizabeth in the first year of her reign, for which he was committed to Prison. After that for refusing 〈◊〉 take the Oath of Supremacy and Allegiance 〈◊〉 the Queen, he and thirteen more Bishops were deprived of their Bishoprics, and others placed in their rooms. (b) Mat. Westm An. 750 p. 273 Hoveden Annal. pars. prio, p. 402. Kenulph the tenth Bishop of Durham, in the year of Christ 750. was apprehended and committed Prisoner of the Castle of Bebba, and his Church besieged by Egbert King of Northumberland for misdemeanours against him. (c) Simeon Dunelmensis Hist. l. 3. c 9 col 34 Malmesh. de Gestis Pontif l. 2 p. ●7●. Mat Paris. Mat. Westm An. 1096. p. 5. Godwin, p. 632. Fgelrick 16. Bishop of Durham, charged with Treason and Conspiracy against William the Conqueror, Piracy on the Sea, and disturbing the peace of the Kingdom, was for these offences committed perpetual Prisoner to Westminster Abbey, where he lamented his misdemeanours, and died very penitently. (d) Simeon Dunelm. Hist col. 200. Mat. Paris Mat. Westm. Flor. Wigorn. Roger Hou. An. 1069. 1070. 1071. Godw. p. 636, 627. Thomas Stubs, col. 176. Henr. de Knyghion, col. 2347. Egelwyn the 17. Bishop of Durham for raising two Rebellions against King William the Conqueror, and excomm●● the King, with all his Followers, as Invadors and Robbers of the Church, was banished the Realm, deprived of his Bishopric, and at last invading the Realm, was taken Prisoner in the Isle of Fly by the King, and committed close Prisoner to Abyngdon Anno 1071. wher● refusing to take any sustenance, he died of anger, grief, and hunger. Not mention the tragedy of [e] Malmesh l 3. Hist. Angl. p. 110 Mat Paris, An 10●5. p. 9 Hoveden Annal pars prior, p. 95●, 9●5. 956 Godw p. 6●7. to ●41. Simeon Dune●m Hist. ed. 208. 204 210 Chron. johannis Breuspton, col 977. VVa●cher Bishop of Durham, created Bishop, and likewise Earl of Northumberland by Wiliam the Conqueror (the first Spiritual and Temporal Lords of this See) who turning a very great Oppressor of the People, so far incensed them by the murder of Leulsus by Leoswin and Gilbert his Chaplain and Kinsman, that they assaulted him and his Followers in the Cathedral Church, where they fortified themselves, slew the Bishop himself, and all his retinue, to the number of one hundred Persons, and set the Church on fire. [f] Malmesh. de Gestis Regum, Angl. l. 1. p 120, 121. De Gestis Pontif. Angl. l. 3. p. 2●7. Mat Paris, p. 13, 14. Mat. Westm. Flor. Wigorn. Hoveden, Walsingham, Ypodigma Neustr. An. 1088 Holinshed, p. 17, 18 G●dw. p. 643, 644. William Kairlipho, his next Successor in the See of Durham, though advanced to that Office by King William Rufus, and made one of his Privy Counsel, yet he most treacherously and ungratefully conspired with Odo Bishop of Bayon, and other Great men Anno 1088. to deprive him of his Crown; which the King (who most trusted and favoured him of any other) took very grievously at his hands; whereupon he marched to Durham in person with his Army, which this Bishop by strong hand held out against him, till at last he was enforced to surrender the City, and himself to the King's mercy; who thereupon banished him the Realm for three years, taking the profits of his Temporalties till September 11. An. 1100. at which time the King received him into his favour, and restored him to his Bishopric. After which he fell again into the King's displeasure, and died of grief, that he could not clear himself of the Rebellion charged against him, which he was summoned to answer. In the year of our Lord 1101. (g) Mat. Paris. p. 51, 54. Will. Malm. De Gestis Pontif. Angl. l. 3. p 277, 278, Godwin, p. 645, 646, 647. Simem Dunelm. Hist col. 59, 1062. De Gestis Regum, col. 226. Radulsus d● Diceto, col. 499. Chron. johannis Brompton, col. 909. Henry de Knyghton, De Event. Hist. l 3. c. 8. K. Henry the first, upon the innumerable complaints to him made against Ranulph Flambard Bishop of Durham by the Vote of a whole Parliamentary Council clapped him up Prisoner in the Tower of London, for a most notable Oppressor, Extortioner, Rebel, Traitor, prepared to act any wickedness, who was likewise created by William Rufus both Chancellor and Treasurer of England. This Bishop afterwards escaping into Normandy, persuaded Duke Robert to invade the Realm, to the great disturbance thereof, and effusion of much Christian blood. After which having purchased his peace with large Gifts, ●et the K. exacted from him great sums, & seized on all his Goods & Bishopric. (h) Holinshed History of Scotland, p. 181. Edgar (King of Scots) about the year 1100. gave the Town of Berwick to the Bishop of Durham; but because he afterwards wrought Treason against him, he lost the Gift, the King thereupon resuming the Town into his own hands. (i) Chron. johannis Brompton. col. 1259. Hoveden Annal pars posterior, p. 615. Holinshed, p 105. Hugh Pusar Bishop of Durham, (who purchased the Earldom of Northumberland of King Richard the first) for giving a rude saucy answer to King Henry the second, had his Castle of Durham seized into the King's hands, Anno 1184. and otherwise was afflicted by him. (k) Henr. de Knighton de Eve●●. Angl. l. 3. c. 5. Godw, p. 521, 522. Anthony Beak, or Bek, Bishop of Durham, excommunicating the Prior and Monks of Durham, notwithstanding their Appeal to the Pope and King, and going to Rome without the King's Licence; King Edward the first thereupon seized his Temporalties and Liberties; and appointed a new Chancellor, new Justices, and other Officers of Durham. During this his disgrace, this King for his contempts took away three Manors, and the Church of Symondbury from the Bishopric, with divers other Lands. He being with other Bishops put out of the King's protection for denying to grant him an aid, he and they were forced to make their peace with large Gifts, & the grant of the fifth part of their Ecclesiastical Goods and Revenues for one year. (l) Godwins Catalogue, p. 524. After the death of Lewis Beaumond, the Monks of Durham electing a Monk of their own for their Bishop, the Archbp. of York consecrating him without the King's Licence: the King thereupon refused to restore his Temporalties to him, and caused Richard de Bury without any election of the Monk or Chapter, to be made and consecrated Bishop in his place; whereupon the Monk retired into the Monastery. (m) Fox Acts and Monuments, 1610. p 1. 80. An●iqu. Eccles. Brit. Godw p. 670. Cuthert Tonstall Bishop of Durham for his disobedience to King Edward the 6th. was committed Prisoner to the Tower of London, Decemb. 20. 1551. where he continued all his Reign, the King being so highly offended with him, that in (n) Rastals Abridgement of Statutes, Title Durham. Cambden● Brit. p. 736, 741. Holinshed, p. 1184. Godwin, p. 533. Martin's History, p. 452, 453, 454. 7 E. 6. by a special Act of Parliament, the Bishopric of Durham was dissolved, and all the Lands and Hereditaments thereof given to the King, his Heirs and Successors; though afterwards the Bishop and Bishopric were restored by Queen Mary; but in 1 Elizabeth this Bishop was deprived of his Bishopric by Act of Parliament for refusing the Oath of Supremacy, and opposing the Queen's proceedings, and committed Prisoner to Lambeth. Our learned Martyr (o) Practise of Popish Prelates, p. ●74. William Tyndal, writing of this Bishop Tonstall, observes, That the cause why he left the Bishopric of London for Durham, was only covetousness and ambition. Neither (adds he) is it possible naturally, that there should be any good Bishop, so long as the Bishoprics be nothing save worldly pomp and honour, superfluous abundance of all manner of Riches, and Liberty to do what a man list unpunished; things which only the evil desire, and good men abhor. (p) Chroni●on Ge●. col 1345. 1346. Chron johannis Brompton, col. 1023 1●26, ●0●7. Henry de Knyghton. De Event Angl l. 2. c. 10. W. Malm. Hist Nou. l. 2. p. 18● to 190. Gul Neubrigensis, Hist l. 1. c. 6. Mat. Paris, Mat. Westm. Hoveden, Hygden, Fabian, Holinshed, Gra●t●n. Speed, Daniel, Fox in the life of King Stephen, Godwin, col. p 319, to 322. Roger the great rich Bishop of Salisbury, (who contrary to his Oath, Duty, and Allegiance to King Henry the first his Advancer, and Maud his Daughter, set up and made Stephen, (a Usurper) King, thereby involving the Kingdom in intestine bloody wars and feuds all his Reign; by a divine retaliation of his Perjury and Treachery, had his Person imprisoned, his 2. newly repaired Castles of Sh●rborn and Malmesbury, with his stately new built Castle of Devises, and all his ammunition and treasures in them seized upon, with the ●astles of his Nephews and Creatures (Nigellus Bp. of Ely, & Alexander Bp. of Lincoln) for real or pretended offences, which Castles K. Stephen refused to restore, or to be judgd by the Bishops, or their Canons in the Council of Winchester, summoned by the Pope's Legate, to debate the legality of their seizure by the King, and to restore them to the Bishops, which the King would by no means give his consent to do; the Archbp. of Rhoan justifying the lawfulness of these Castle's seizure in the Council, as well as the King's Lawyers. (q) Godw. Catalogue of Bishops, p. 281. Walsingham, Trussel, Holinshed An. 1388. Richard Milford Bishop of Salisbury, was by order of the Barons in Parliament in XI R. 2. removed from the Court, and imprisoned in the Castle of Bristol, as a pernicious Whisperer, Flatterer, evil Counsellor, Traitor to the King and Kingdom. (r) Fabians Chronicle, part 7. An. 1050. p. 453. Caxton, part 6 Grafton, Hall Speed, Martin, An. 1450. Holinshed, p. 636. Godwin, p 351. William Ayscoth Bishop of Salisbury Confessor to King Henry 6. by his oppressions, ill dealing, and consenting to the yielding up of Anjou and Mayen to the hands of the French King, so far incensed the Nobles and vulgar Rabble his Tenants too against him, that in the insurrection of jack Cade, June 29. 1450. some of these Bishop's Tenants coming to Ed●ndon in Wilishire whiles he was there saying Mass, seized upon him even in the Church, drew him from the Altar arrayed in his Pontifical Massing Vestments, carried him to the top of a Hill not far off, and there whiles he was kneeling on his Knees cloven his Head in two, stripped him naked to the skin, and renting his bloody shirt into several pieces, took every man a rag to keep it as a monument of this their exploit. Which though tumultuous and illegal in them, was yet a just judgement of God upon himself, for oppressing his Tenants, and other public misdemeanours. (s) Mat Westm. An. 873. Godwin, p 926. Anno. 873. Alfred Bishop of Leicester was deprived of his Bishopric for his misdemeanours by King Elfred. (t) Simeon Dunelmensis Hist Flor. Wigorn. Mat. Westm Brampton Anno 1052. Godwin, p. 130. Vl● Bishop of Lincoln was banished the Realm, and hardly escaped with his life, together with Robert Archbishop of Canterbury, and William Bishop of London by Edward the Confessor, by the advice of his Nobles assembled in a Parliamentary Council, for giving this good King wicked Counsel, an incensing him against the English; causing the King to infringe his good Laws, and not to administer upright Justice to his People, which he promised to reform upon their banishment. (u) Mat. Paris, Anno 10●0. p. 6 Simeon Dunelmensis, Florentius Wigorniensis Ingul-Malmesbury, Hoveden, Brompton in Anno 1070. Holinshed, p. 18. Alexander Bishop of Lincoln was banished the Land, forced to fly into Scotland, and deprived of his Bishopric, Anno 1070. for opposing, William the Conqueror, as an Invador of the Church and ravishers of Ecclesiastical things, the Norman Conquerors making bold with all the Money, Chattels, Charters they could find in any Monastery, which they diligently searched by the King's command, who appointed how many Soldiers every Bishop & Abbot which held of him by Barony, should find for the King in times of war, from which they were formerly exempted. (x) Champion johannis Brompton, 〈◊〉 10.7. Gal. Neub 1 〈◊〉, l. 〈◊〉 Han●ingd●n H●st. l ●. p. 389, 3●●. H●●e●●●. Annal 〈…〉 Mat Westm, Mat Westm ●● 1●●● to 11●● Fox Acts and p 1●2 Sp●●●, p. 4●8, 4●●, 494. Holinshed p. ●0. Godwin, p. 233 Alexander Bishop of Lincoln, Nephew to Roger the great Bishop of Salisbury, built three new Castles at Banbury, Newark, and Sleford, which King Stephen seized upon and took from him, upon some pretended or actual Misdemeanours, together with all the Ammunition and Treasure this Bishop had laid up in them, and imprisoned the Bishop himself, for holding the Castle of Devises against him, and refusing to surrender it till constrained. (y) Mat. Paris Hist. p. 103, 195, 1ST. Hoveden Annal. pars ● ste●●●●. p. 756, 777. Holinshed p. ●73 Riha●enira, Fleu●●s des ●ies des Saincts par. 2 p. 428. 429. W●ll●●s Synop●●s papi●ini. con●s. 5. qu 5. p. 280 St. Hugh Bishop of Lincoln did much oppose the payment of any Subsidies or Taxes to King Henry the second, Richard the first, and King john; he resisted King Richard the first to his face when he demanded Taxes from his Subjects, by means whereof; and of another Bishop joining with him, he could gain no moneys from them. Whereupon the King in a great rage banished both these Bishops, confiscated all their Goods, and seized the Goods of the other Bishops, who thereupon submitted to the King. (z) Mat. Paris. Hist. Angll p. 22●, 288 Ami●a Eccles Hist p. 149 Fox Acts and Manu 〈◊〉, vol. 1. p. 335. willet's Synopsis, P. p. contr. 5 qu. 3. p. 250. Hugh Wallis or the Wills Bishop of Lincoln, about the year 1209. owning that Archtraitor Stephen Langhton for Archbishop of Canterbury, and receiving his consecration from him, contrary to King john's express command, had all his Temporalties seized, and himself kept fasting for four years' space before they were restored. After which he joining with Lewis the French King, and the Barons siding with him against King john, he was for these new Treasons, not only prosecuted by the King, but also excommunicated by the Pope, and not absolved till he paid the Pope one thousand Mark, and his Legate one hundred Marks; sundry other of our Bishops being then fined for the like Crimes, and that so deeply, that they were compelled to sell all they had to satisfy the King. (a) Walsingham Hist. Angl. Anno 1320, 13●7. p. 101 104. 105. Godwin, p. 303 Speed. History. p. 678, 680, 681. Hugh Burwash Bishop of Lincoln, though advanced by the special favour of King Edward the second to that See, fell so far into his Royal displeasure within two years after his consecration, for some contempts and offences against him, that the King seized his Temporalties into his hands for two years' space, Anno 1324. he being restored to the King's favour and his Temporalties again, the grudge thereof stuck so far in his stomach, that none was so forward to assist the Queen with money, arms, forces, nor so eager against the King to depose him, as this Bishop of Lincoln, and the Bishops of Ely, Dublin, and Canterbury, by whose assistance and advice the King was not only deposed, but murdered. (b) Martin's History, p. 453. Godwin, p 24●. Antiqu. Eccles. Brit. p. 416, 427. Thomas Watson Bishop of Lincoln in the first year of Queen Elizabeth, ●as by the Queen and Parliament deprived of his Bishopric, and committed to Prison for refusing to take the Oath of Allegiance and Supremacy, and threatening to excommunicate the Queen for altering Religion. King Stephen about the year 1140. banished (c) Rodulfus de Diceto, Abbreu. Chronicorum, col. 508. Mat. Paris, p. ●4. Mat. Westm. An. 1339. p. 36. Godwin. p 201. Henr. de Knyghton, de Event. Angl l. 2 c 10. Nig●llus Bishop of Ely for his Treason and Contempts against him, seized his Castles and Temporalties during his life, and kept them in his hands at least five years' space after his death. (d) Mat. Paris. p. 147. Godwin, p. 202. Rodulfus de Diceto, martin's Hist. ecls. 677. G●offry Rydel his next Successor (commonly called the proud Bishop of Ely) had all his Moneys, to wit, 3060 marks of Silver, and 205 pounds of Gold seized upon, and confiscated by King RICHARD the first. (e) Ch●●ni●●● johannis 〈◊〉. vl. 1.24, 1217. H●●eden Annal. p●●●● s●●●i●r, 〈…〉 7 ●●. ●18, 719, 720, 735. Mat Paris. p 151, 155. 156 15●. 162. etc. N●●●rig●nsis, Hist. l. 4. c. 1●, 15, 16, 17, 18. H●lins●●d. p ●●0 ● 1●3. F●x Acts and Monuments p 114. ●●3, ●●4, ●ec●. 531, ●●c. 〈◊〉 p 147 Henry 〈…〉 ●ent. Angl. l 2. c. 13. Ch 〈…〉. William Longchamp Bishop of ●ly, both Protector, Chancellor, and Chief Justice of the Realm, and Pope's Legate, during King Richard 1. his absence in the holy wars; as he seized and spoilt the Temporalties and Goods of Geoffry Plantagenet Archbishop of York, stripped him and his Followers of all they had, dragged him by his Officers out of St. Martyns' Church in Dover by force from the very Altar itself, without the least respect to the greatness of his Person, or holiness of the Place, and thrust him Prisoner into Dover Castle; so himself was soon after seized upon, dragged by the Heels, and imprisoned at Dover by the vulgar Rabble, then forced out of the Realm by the Nobles, and other Prelates, and his Estate confiscated for his intolerable Tyranny and Misdemeanours (f) Mat Westm Mat. Paris, An. 12●3 p. 217. 218. Holinshed, p 171, 172, etc. Godwin p. 291. Henry de Knyghton de Event. Angl. l. 2. c. 13. Eustathius Bp. of Ely, for pronouncing the Pope's excommunication against King john, & interdicting the whole Realm, had all his Temporalties seized into the King's hands, his Goods confiscated, himself forced to fly the Realm, and to continue in exile many years; all the Prelates and Clergy of England confederating with him herein being likewise commanded to depart the Realm, their Possessions, Baronies, temporalties, Goods seized, confiscated, and all of them put out of the King's proteon, Anno 1208. (g) Mat. Paris, p 906, 941, 969 Godwin, p. 207. King Henry the third was so highly offended with Hugh Balsam Bishop of Ely, that he seized upon his Temporalties, caused all the Woods thereon to be cut down and sold, the Parks to be spoilt, the Ponds to be fished and wasted, and havoc to be made of all things, for harbouring the Rebels then in arms against him. (h) Godwin, p. 269. to 272. Walsingham Hist. An. 1318. p. 1ST Ypodigma Nests. p 125 Holinshed, p. 391. 392. Antiqu Eccles. Brit p 271, to 275 Har●isons History of England l 2 c 1 p. 143, 144. Fox Acts and Monuments, vol. 3. Thomas Lilde Bishop of Ely, a furious indiscreet Prelate, upon King Edward the third his complaint to the Parliament was banished the Court during his life, & his Possessions seized on by the King till his death. (n) Godw. p. 225, 229, 339. Martin's History, p. 453, 454. Thomas Thurlby Bishop of Ely, for denying the Oath of Supremacy, and opposing the reformation of Religion intended by Queen Elizabeth, was committed Prisoner to the Tower, and deprived of his Bishopric by the Parliament in the first year of Queen Elizabeth, with other Popish Bishops deprived for the like offences the same year. (o) Fabians Chron. part 7. p. 181, 182. Holinshed, 338. 1305. Walsingham Hist. Angl. p. 104, 105. Godwin. p. 330. Walter Stapleton Bishop of Exeter, Anno 1326. was assaulted by the people in London, at the North-door of Paul's, and dragged thence by them into Cheapside by the heels, where they proclaimed him an open Traitor, a Seducer of King Edward the second, (who left the charge of the City to him) and a Subverter of their liberties; after which stripping him of his Pontifical Garments, they took off his Head from his Shoulders, and set it on a Poll for a spectacle, that the remembrance & cause of his death (never questioned) might continue. (p) Malmesh. de Gestis Pontif. l. 2. c. 12. p. 77. Mat. Westm. An. 1040. Godwin, p. 436. Living the 23d. Bishop of Worcester, Anno 1040. was accused by Elfrick Archbishop of York, for procuring the death of Alfred eldest Son of Ethelred: Whereupon King Hardeknute degraded him, and gave his Bishopric to Elfrick. So (q) Mat. Westm, An. 120●. Mat Paris. p. 217. 232. Walsingham Ypodigma Neustriae. p. 53. Godwin, p. 362. Holinshed, Speed, Grafton, An. 1208. in King john. Alfred Bishop of Worcester for his misdemeanours and opposition against King Hardeknute, and having likewise a hand in the death of his half Brother Alfred, was expulsed that See, till his money purchased his peace. (r) Holinshed, l. 7. c. 15. p. 1851, Speeds History, p. 405, 411. Maugere the third Bishop of Worcester, being one of the four Bishops who excommunicated King john, and put the whole Kingdom under an Interdict, Anno 1208. had all his Goods confiscated, his Temporalties seized by the King, and being forced to fly the Realm for these misdemeanours died in exile. (a) Malmesh. de Gestis Pontif. l. 4 p. 287 Godwin, p. 473. Raynelmus the 30. Bishop of Hereford receiving his investiture from King Henry the first, by the delivery of a Ring and Crosier, according to the Law and Custom of that Age, and afterwards resigning them into the King's hands again to pleasure Anselm, against the King's Prerogative, the King was so highly offended with him (as he had just cause) that he presently banished him the Realm, and seized his Temporalties. (b) Mat. Westm. An. 1208, 1215. Godw. p. 375. Giles de Bruse Bishop of Hereford for siding with the Barons in their wars against King john, and consenting to the Interdict, had all his ●oods and Temporalties; seized, and was banished the Kingdom by King john. (c) Mat. Paris, p. 881, to 889, 90●, 90●, 916, 917, 924, 934. 960, 961. Holinshed, p. 251, 252, 1258. Godw p. 375. Peter de Eveblancks 42. Bishop of Hereford for his intolerable Oppressions, Treacheries and Exorbitances, was arrested by the Barons in the year 1263. in his own Cathedral Church, where they seized upon his Goods, divided his Treasure amongst their Soldiers before his face, and then imprisoned him a long time in Ordley Castle, as a mere Pest and Traitor both to Church and State. (d) Walsingham Hist. Angl. p 98, 99, 101, 104. Ypodigma, Neustriae An. 1326, 1327. Holinshed, p. 329, 339, 340, 1245. Speed. p. 7730, 680. Antiq Eccles. Brit. p. 217 Godwins Catalogue, p. 232, 233. Cambdens Britan. p. 575 My Antipathy to the English Lordly Prelacy to Unity and Monarchy, p. 55, 56, 265, 266, 236. Adam de Orlton or Tarleton the 46. Bishop of Hereford, was arrested of High Treason for aiding the Mortymers with men and arms, against King Edward the second, and being indicted and brought to the Kings-bench Bar at Westminster to be arraigned for this Treason, the Archbishops of Canterbury, York, and Dublin, accompanied with their Suffragan Bishops, came forcibly with their Crofiers, rescued, & took him away from the Bar, and protected him from the King's Justice; but the Indictment being found true upon proof, his Temporalties were thereupon seized into the King's hands, till by this Bishop's instigation he was deposed from the Crown, and soon after murdered by his advice. When Queen Isabel and her Son Prince Edward were with their Army at Oxford, this Bishop steps up into the Pulpit, and there taking these words for his Text, My Head grieved me: he made a long Discourse to prove, That an Evil Head, not otherwise to be cured, must be taken away; applying it to King Edw. the 2 d. that he ought to be deposed; and afterwards he counselled the Queen to depose & make him away; which being effected at Berkley Castle, by thrusting a hot Spit into his fundament; none then appeared so earnest a Prosecutor of these Murderers as this Traitorous Bishop, who set them on work: to whom when many of his own Letters were produced and showed concerning this most traitorous inhuman Act, he eluded them by sophistical interpretations, and utterly denied he was any way consenting thereunto, when as in truth he was the chief occasion and adviser thereof. (e) Rot. Parl. 1 H. 4. Walsingham, Hist. Angl. p. 401. Holinshed, p. 507, to 510. Speed, p. 763. Grafton, How, Baker, Trussel, Hall in R. 2. & H. 4. Godwin, p. 378. john Trevenant the 51. Bishop of Hereford was one of the prime Actors in the deposition of King Richard the second, and setting up King Henry the 4th. in his Throne; for which he demerited not only a sequestration of his Temporalties, but a Decollation, though he escaped both. (f) Mat. Westm. Wigorniensis, Mat. Paris, Malmesbury Hoveden, Chron. johannis Bromptou, Huntindon. Anno 1070. Godwin, p. 383. Charles Booth Bishop of Hereford was excepted out of the General pardon of the Praemunire granted by King Henry the 8th. to the Clergy in Parliament, 22 H. 8. c. 15. for which his Goods and Temporalties were confiscated to the King. (g) 11 R. 2. c. 6. Walsingham Hist. Angl. An. 1388. p. 3●5. Grimston, Holinshed, Trussel, An. 11 R. ●. Godw. p. 388. Agelrick Bishop of the South-Saxons (since Chichester) was deprived by William the Conqueror, Anno 1078. with sundry other Bishops and Abbots in the Councils of Winchester and Windsor, for their Treasons and Conspiracies against him, and afterwards imprisoned. [k] 11 R. 2. c. 6. Walsingham Hist. Angl. An. 1388 p 305. Grimston, Holinshed, Trussel, An. 11 R. 2. Godw. p. 388. Thomas Rushock the 20th. Bishop of Chichester, a lewd pernicious Prelate, Anno 1388. was banished the Court as a Traitor and pernicious Counsellor to King Richard the second, his Lands and Goods confiscated, himself banished and deprived of his Bishopric by Act of Parliament, and had suffered death too as a Traitor, but that his Guiltiness made him fly before he could be apprehended. [l] Holinshed, p. 951. Richard Samson, the 37th. Bishop of Chichester, Anno 21 H. 8. was committed Prisoner to the Tower, for relieving certain traitorous Persons who denied the King's Supremacy. [m] Godwin, p 390. and Fox, vol. 2. George Day Bishop of Chichester, Octob. 10. 1551. was deprived of his Bishopric for denying the King's Supremacy, maintaining the Popes, and other Misdemeanours; and his Temporalties seized. [n] Martin's History, 452, 453, 454. Antiqu. Eccles. Brit. in Mat. Parker, Godwin, p. ●90. john Christopherson Bishop of Chichester was deprived of his Bishopric by Act of Parliament, 1 Eliz. for denying the Queen's Supremacy, and to take the Oath of Supremacy and Allegiance. [o] Walsingham Hist. p 278, 319, to 334, 338. Polychronicon, l. 7. c. 5. Antiqu. Eccles. Brit. p. 248 Holinshed, p. 442,443. Speed, p. 795, 797. Godwin, p. 350, 357, 352. Exact Abridgement of the Records of the Tower, p. 288, 289, 291, 292,293. Henry Spencer Bishop of Norwich a Martial Prelate, more employed in the Field than in the Pulpit, and the Pope's General against the Flemings, Anno 1385. had all his Temporalties seized into the King's hands for two years, for raising an Army and passing the Seas without and against King Richard the second his command, and was likewise questioned, fined and ransoned in Parliament for his misdemeanours in that military employment. [p] Godwin, p. 952. Alexander Bishop of Norwich being elected by the Monks against the King's consent Anno 1406. had his Temporalties kept from him by the King, and his Person imprisoned at Windsor almost a year. [q] Hill 25 H 8. coram Rege, r●●. 15. Godwin, p. 354. Richard Nyx Bishop of Norwich in the 25 of H. 8. was attainted in a Praemunire, put out of the King's protection, his Person imprisoned, his Lands, Goods and Chattels seized and forfeited to the King, for citing the Mayor of Thetford into his Spiritual Court, and forcing him to revoke a Presentment upon Oath, contrary to Law. [r] Roger Hoveden Annal. pars p●ste ●or. p. 734 737,752,776. Mat. Paris, p. 180 Mat. Westm. Anno 1198 p ●●. Holinshed, p. 112, 147, Godwin, p. 258. Speed, p. 5●1. Hugh Novant Bishop of Chester (or Coventry and Litchfield as some style him) for conspiring with the King of France and Earl john, against his Sovereign King Richard the first, to detain him still in Prison, and plotting all the Mischief he could for the destruction of the King and Kingdom, was in a Grand Parliamentary Council held at Nottingham, about the year 1198. adjudged to Ecclesiastical censures, and the seizure of his Temporalties as a Bishop, and also to banishment, and a Fine of 5000 Marks by the Temporal Lords, as an Officer to the King. [s] Mat. Westm. Anno 1301. p. 419 Walsingham, Hist. Angl p. c. 8. Holinshed. p. 313. Speed. p 667. Godwin, p. 260, 261. Walter Langton Bishop of Chester, by King Edward the second his command, was arrested by the Constable of the Tower, and imprisoned above two years' space in several Castles, his Lands and Temporalties seized into the King's hands, his Goods confiscated and after that compelled to answer to divers heinous Crimes whereof he was accused. [t] Godwins Catalogue, p. 545. Cuthbert Scot Bishop of Chester for his disobedience to Queen Elizabeth was committed Prisoner to the Fleet, and displaced. [u] Malmesb. De Gestis Pontif. Angl p. 231. Godwin, p. 392, 393. Edilred King of M●rcia for some just displeasure against Putta Bp. of Rochester, burned his Church and City, and forced him to desert his Bishopric; to which he would never afterwards return. [x] Malmesb. de Gestis Regum Angl. l 2. c. 10. p. 60 Mat. Westm. Anno 983. p. 379. Antiqu. Eccles Brit p. 62. Speed, p. 414. Godw. p. 394. Godwin Bishop of Rochester was for many months besieged in his City of Rochester by King Ethelred, for some contempts against this King, who would not raise his Siege upon any entreaty, till the Bishop had submitted himself, and likewise paid him an hundred pounds Fine. [y] Hall's Chronicle, 25 H 8. s 2●8 Holinshed p 936 937. 〈◊〉 Cent. 〈◊〉 Brit. Cent. 〈◊〉 ●8 100 Fox Acts and Monuments p. 95. 976 Speed, 〈◊〉 9, 1046. Godwin p. 402. john Fisher Bishop of Rochester was grievously questioned in Parliament by the House of Commons, Anno 25 H. 8. for saying, That all their doings against the Clergy, was for lack of Faith; after which he was indicted and condemned of High Treason, for countenancing the Revelations of Elizabeth Barton, and denying to acknowledge the King's Supremacy over Ecclesiastical Persons and Causes; for which Treason be was executed upon Tower-hill, (though a Bishop, and new-made Cardinal) June 21. 1535. and his Head set upon London Bridge. [z] Godwin, p. 539. Edmond de Bromfield the 48th. Bishop of Landaff was for a long time committed Prisoner to the Tower, his Temporalties seized, and Goods confiscated by King Richard the second, for procuring and bringing in the Pope's Bulls of Provision, contrary to his own Oath, and the Laws of the Land, to make himself Abbot of Bury. [a] Godwin, p. 538. Richard Bishop of Bangor, siding against King john his Sovereign, with L●olin Prince of Wales, was taken Prisoner by the King in his own Cathedral Church, and put to a ransom of 200. Hawks. [b] Godw p. 538, 539. Roger Young Bishop of Bangor was imprisoned two or three years for his disobedience against King Henry the 4th. and confederating with that Rebel Owen Glendor. [c] Trin. 36 H. 8. Coram. Rege, R●t. 9● Godwin, p. 540. Arthur Bishop of Bangor was attainted in a Praemunire in the 36. year of King Henry the 8th. for suing for the right of Patronage and Tithes of the Church of Langeyneiin, in his Spiritual Court, which belonged only to the King's Temporal Courts, for which he was put out of the King's protection, his Goods confiscated, Temporalties seized, and his Person adjudged to be imprisoned according to the Statute; he sold away 5. fair Bells out of the Steeple of his Cathedral. [e] Godwin p. 360, 361. Giso Bishop of Bath and Wells, had many conflicts with King Herald, who forced him to fly the Realm, and seized his Temporalties all his Reign. [f] Mat. Paris p. 217. Mat. Westm. Anno 1208. Godwin Edit. 2. p. 107, 366. joceline Bishop of Bath and Wells, joined with Archbishop Langhton and other Bishops, in excommunicating his Sovereign King john, and interdicting the Kingdom, for which offences his Temporalties were seized, his Goods confiscated, himself forced to fly and banished the Realm for five years' space. [g] Hall's Chron. 2 R. 2. s. 25. Speed p. 933. Holinshed and Lord Verulam in H. 7. G●dwin Edit. 2 p. 377, 378. Robert Stillington Bishop of Bath and Wells, for siding with the bloody Usurper Richard the third at whose Coronation he was specially employed, and for yielding assistance to Lambert the Counterfeit Earl of Warwick, and other Treacheries was publicly accused of High Treason, against King Henry the 7th and also arrested of High Treason in the University of Oxford, whether he fled for Sanctuary, imprisoned in the Castle of Windsor till his death Anno 1491. and his Goods and Temporalties seized. [h] Brooks Abridgement Tit. Praemunire sect. 21. William Barlow Bishop of Bath and Wells, was attainted in a Praemunire, by which his Temporalties and Goods were forfeited to the King. [i] Antiq Eccles. Brit. in Mat. Parker, martyn's History p. 492, etc. Godwin p. 311. See the Commons and Lords Journals August 4. 1641. Gilbert Bourne the 47. Bishop of Bath and Wells, for denying the Queen's Supremacy, and refusing the Oath of Supremacy and Allegiance to her, 1 Eliz. was deprived of his Bishopric. And to mention no more Precedents in so plain a Case, August 4. 1641. Walter Bishop of Winchester, Robert Bishop of Coventry and Lichfield, Godfrey Bishop of Gloucester, joseph Bishop of Exeter, john Bishop of Asaph, George Bishop of Hereford, Matthew Bishop of Ely, William Bishop of Bangor, Robert Bishop of Bristol, john Bishop of Rochester, john Bishop of Peterborough, Roger Bishop of Landaffe, and William Bishop of Bath and Wells, were all of them jointly, and 2. of them particularly, impeached by the Knights, Citizens and Burgesses of the Commons House of Parliament, for several high Crimes and Misdemeanours, contrary to the King's Prerogative, the Fundamental Laws of the Land, the Rights of Parliament, the Property and Liberty of the Subject; and matters tending to sedition, and of dangerous consequence: After which most of them, with the Archbishops of Canterbury and York, were committed Prisoners to the Tower, their Goods and Temporalties sequestered, and sold by sundry Ordinances of Parliament. If any out of Ignorance or Prejudice, should deem all these proceedings against the Persons and Temporalties of our Archbishops and Bishops from age to age illegal, unjust or sacrilegious, let them peruse the Statutes of 1 E. 3. c. 2. 14 E. 3. c. 3. 25 E. 3. c. 6. 2 R. 2. c. 7. 13 R. 2. Stat. 2. c. 8. 43. 16 R. 2. c. 5. 6 H. 4. c. 7. And the year books of 20 E. 2 Fitz. Corone 237. 16 E. 3. and 14 E. 3. Fitz. Quare non admisit 3, 7, 8, 11 21 E. 3. 3, 30, 60. Book Contempts 5. 19 22 E. 3. 22, 26. Ass. 19 Brook Forfeiture 82. 106. 29 E. 3. 42. Fitz. Execution 159. 38. Ass. 22. Grant 1. 38 E. 3. 12. 46 E. 3. Praemunire 1. 10 H. 4. 6. 14 H. 4. 14. 8 H. 6. 3. 9 E. 4. 28. 27 H. 8. 14. 22 Brook Exigent 3 Stamford l. 2. c. 45. Cook 5. Report f. 12, 13. 8. Report f. 68 Cooks 3. Institutes c. 36. 54. Sir john Davis Reports f. 84. the case of Praemunire. Upon perusal of all which it will most evidently appear, that both our Parliaments and Judges have frequently declared, resolved, that both their Persons may lawfully be attached, imprisoned, banished, executed, their Temporalties seized, and Goods confiscated to the King, for their Offences, Contempts, Rebellions, both by the Common and Statute Laws of England, and therefore by like reason their Lands may be alienated and taken from them for their offences or abuses of them, without sin, sacrilege or injustice, by our Kings and Parliaments, beyond all contradiction, as they have been from time to time both by the Emperors of Rome, Greece, Germany, the Kings, and Kingdoms of France, Spain, Hungary, Italy, Denmark, Sweden, Poland, Scotland and Ireland, as well as England. 6ly. That as the Lands and Temporalties of Bishops, Abbots, Cathedrals, by their very first Charters of Endowments and Foundations, were always liable to [a] Evidentiae Eccles Christi Cantuar. Col. 2207. to 2230. Ingulphi Hist. 853. etc. Monasticon Anglicanum, & Spelmanni Concilia. these 3. Temporal charges, and Secular services, though dedicated to God and his Church, to wit, Military Expeditions, and Charges of War, for the defence of the King and Kingdom; the building, and repairing of Castles and Bridges, (commonly expressed in ancient Charters under this exception, Exceptis Expeditione, Pontis & Arcis constrictione, vel necessariis defensionilus Arcium, quae nulli unquam possint laxari:) So if the Bishops and Abbots upon the King's writs of Summons, refused to send in their Proportions of Horse and Arms, according to the Number of the Knights sees they held by, and perform these Services to our Kings in times of War or Danger; or denied to grant competent Aids and Subsidies to our Kings when demanded, their Temporalties, Lands, Goods & Movables, were usually seized into the King's hands for this Contempt, as is evident by Claus. 4● H. 3. m. 3. 6. Dorso; the precedents of Archbishop Winchelsie, and other Bishop's forecited p. 52, 53, etc. So our Kings in times of War, have frequently seized upon Archbishops, Bishops and Church-mens Lands, and given them to their Commanders and Soldiers, witness the precedents of [b] Evidentiae Eccles. Cant. Col. 1212, 1213, 1214. Spelmani Concilia, Tom. 1. p. 318, to 334. King Osfa and Kenulphus of old, who took away sundry Manors and Lands from the Archbishops of Canterbury, which they partly divided amongst their Captains and Soldiers, and partly retained to themselves, with other precedents since. And not only so, but the Knights, Citizens, Burgesses, and sundry Lords in successive Parliaments, even in times of Popery, have often pressed our Kings to take away, sell and alienate the great superfluous Manors, Lands, Temporalties, of Bishops, Abbots and Churchmen, for easing the Kingdom and people from Taxes, and maintaining of Earls, Nobles, Knights and other Military men, to aid our Kings in their Wars; and have actually taken away divers Manors, Lands and Tenements from our Archbishops, Bishops and Cathedrals, as well as from Abbots, Priors, Monasteries, and given them to our Kings, or such as they should appoint. The House of Commons in two [c] Walsingham Hist. Angl p. 414, 415,416. Ypodigmal Neust●iae p. 166. Antiq. Eccles. Brit. p. 307, 308. Holinshed p. 526. Speed, p. 775. several Parliaments, held in the years of our Lord 1403. and 1404. under King Henry the 4th. when this King wanted and demanded aids and moneys from them to carry on his Wars against the Welshmen at home, and the French, with other Enemies abroad, counselled and pressed the King, to seize upon the Lands of the Bishops, Abbots and Spiritualty, to supply his wants with their Temporalties and Superfluities; Whereupon there grew a great contest in the Parliament, between the Clergy and Laity; the Speaker of the Commons House, and the Knights affirming, That they had often served the King in his Wars, not only with their Goods, but also with their Persons, in very great Dangers and jeopardies, whiles the Prelates and Spiritualty sat idle at home, and helped the King nothing at all. Whereupon the Bishops and Clergy to preserve their Temporalties from being taken away in these two Parliaments, readily gave the King a Tenth in the first of these Parliaments, and a Tenth and an half in the second. After this the [d] Walsingham Hist. Angl. p. 422. Ypodigma Neustrae p. 174. Holinshed p. 536. Fabian Anno 1410. part. 7. ●. 386, 387. Knights and Commons in the year 1410. presented this Petition to King Henry the 4th. and the Lords in Parliament. To our Most Excellent Lord the King, and all the Nobles in this present Parliament assembled, all your faithful Commons humbly demonstrate, and truly affirm, that our Lord the King might have out of the Temporal Possessions, Lands and Tenements, which are occupied, and proudly, lewdly and unprofitably spent, consumed and wasted by the Bishops, Abbots and Priors within this Realm, so much in value as would suffice to sustain in food 15. Earls, 1500. Knights, 6200. Esquires, and 102. Hospitals more than now be; Pressing the King and Lords to take away these Temporalties, which they proudly and unprofitably consumed, and to employ them on other public uses. But by the subtlety and potency of the Bishops, Abbots and Clergy, from whom the King demanded a Tenth to be annually granted to him during his life, * Fabians Chronicle, part 7. p. 30 39●. Hall's Chronicle, 2 H. 5. 3●,36, etc. Holinshed, p. 545, 547,583. wherein they were ready to gratify him; they preserved their Temporalties for that present. Yet afterwards the Commons in Parliament, Anno 1414. renewed this their old Petition to King Henry the 5th. and the Lords, to seize upon the Bishops and Abbot's Temporalties, showing how many Earls, Knights and Esquires they would maintain, exhibiting a Bill to that purpose. Hereupon the Bishops and Abbots whom it touched very near, much fearing the issue, determined to assay all ways to put by and overthrow this Bill, minding rather to bow than break, agreeing first to offer the King a great sum of money to put by his demand; and afterwards intituling the King to sundry Provinces, and the whole Realm of France in this Parliament, and stirring up the King and Nobles to regain the same by force of arms. Towards the recovering and regaining of which ancient Right and Inheritance, they granted the King in their Convocation such a sum of money, as by Spiritual persons never was to any Prince, though the whole Christian world, before these times given and advanced. By which policy and grant they preserved their Temporalties from being taken away from them by that Parliament. Yet some of their Manors and Temporalties were parted with to the King and Lords to purchase their peace, after every of these Parliaments. In the Parliament of King Henry the 8th. in the 22d. year of his Reign, there were sundry * Hall's Chron. 22 H. 8 f 188, 189, etc. Holinshed, p. 911, 212 Fox Acts and Monuments, vol. 2. 21 H. 8. c. 4, 5, 13. Bills exhibited in Parliament against the abuses of the Bishops and Clergy, and many hot contests between the Commons and Prelates, who at the last brought them within the compass of a Praemunire in this Parliament, to the confiscation of all their Goods, Temporalties, and imprisonment of their Persons, for submitting to Cardinal Wolsie his Power legatine from the Pope, contrary to the Laws of the Realm, and the King's Prerogative. Whereupon upon the Bishops and Clergy of the Province of Canterbury proffered to give the King the sum of one hundred thousand pounds; and those of the Provinces of York eighteen thousand pounds more, and likewise agreed to give the King the Title of THE SUPREME HEAD OF THE CHURCH OF ENGLAND NEXT UNDER CHRIST (which they would never do before) to take off the forfeiture of the Praemunire Which the King accepting of, (g) 22 H 8. c. 15. granted all the Bishops and Clergy a General Pardon in Parliament, out of which john Archbishop of Dublin, and the Bishop of Hereford, with six more Clergymen only were excepted; and soon after this Parliament many of the Bishop's Temporalties and Manors were granted by them to the King by their special conveyances, besides others of them leased or granted to Courtiers, great Officers and Favourites, to preserve the remainder of them. In the Parliament of (h) 37 H. 8. c. 16. 37 H. 8. by a special Act of Parliament, printed in our Statutes at large, under a feigned pretext of Exchanges, and other Recompenses, the Manor of Rippon in Yorkshire, together with 69. other Manors there named, their members and appurtenances, were alienated and taken away from the Archbishopric and Archbishop of York, nine Manors, one Castle, with sundry Parks and Rectories belonging to the Archbishopric to Canterbury; the Manors of Chelmesford and Crondon, with the Park of Crondon, and all their Members, Rights and Appurtenances were alienated and taken quite away from the Archbishops of Canterbury and Bishops of London, and their Successors, and by these Bishop's Indentures, and this Act of Parliament settled on the King, his Heirs and Successors for ever, as well against the said Archbishops and Bishop of London, and their respective Successors, as against the respective Deans and Chapters of York, Canterbury, London, and their Successors, and every of them; any Law, Custom, Statute, or other thing to the contrary hereof, had or made notwithstanding; as in and by the said Act (worthy perusal) is more at large recorded. Besides these, the City of Bath, the Manors Markford, Chedder, Chew, Claverton, Compton Dando, Compton Panel, Congesbury, Clanmore, Everchurch, H●riton, Kineston, L●d●ord, Pucklechurch, Wellington, Westerleigh, Watton, Wecke, Wile, Yatton, with sundry other Farms, Tenements, Hundreds and Appropriations, have been alienated by and taken from the Bishopric of Bath and Wills, the Manors of Sherburn, Sunning, and sundry others from the Bp. of Salisbury; and sundry other Manors Lands, Tenements, Farms, from the Bishops of Winchester, Lincoln, Ely, Chichester, Norwich, Exeter, Hereford, Coventry and Litchfield, Durham, Carlisle, before and since 37. Henry the 8th. And had not the Statute of 1 Lac. c. 3. restrained the Alienations of Bishop's Lands and Revenues, they had long ere this had no Lands or Rents at all to dispose of. In the Parliament of (i) Rasta's Abridgement of Statutes, Title Durham. 7 E. 6. by a special Act of Parliament the Bishopric of Durham, with all the Lands and Hereditaments thereof were taken away, and settled in the King, his Heirs and Successors. And no longer since than 21 jac. c. 30. York-house in the Strand was by special Act of Parliament by way of Exchange taken from the Archbishop of York, and settled on King james, his Heirs, Successors and Assigns, and after that on the Duke of Buckingham, upon pretext that it was for the benefit of the Archbishops. By all which Acts and Precedents it is most evident, that our Kings, Parliaments and Temporal Lords, may not only seize, sequester the Temporal Lands, Goods, Estates of Bishops and Churchmen, in cases of Delinquency and Contumacy, but likewise subtract, alienate and sell them to supply the necessities of the King and Kingdom, in times of war and extreme necessity without Sacrilege or Impiety; which should cause our present Archbishops, Bishops, and Cathedralment to carry themselves with greater Loyalty and Dutifullnesse towards his Sacred Majesty, with greater humility, sobriety, meekness and respect towards the Temporal Lords, Commons and People, than their Predecessors have done, and make them very careful of giving just offence, or provocation to all or any of them, especially at this present juncture of our Ecclesiastical and Civil Officers, in so hopeful a way of future Settlement, if their pride, avarice, ambition or indiscretion do not interrupt them. 7ly. That Archbishops, Bishops, Deans and Chapters themselves, by their common consent, may lawfully alienate, sell, and give away, not only their Lands and Possession, (which were never solemnly consecrated) but even their very consecrated Chalices, Vestments, and Ornaments of their Churches themselves, though more peculiarly consecrated by Episcopal benedictions, more immediately devoted to God's service, than their Lands and other Temporalties; and that in cases of public necessity or charity, as to relieve the Poor in time of famine, to redeem Captives, to ransom their lawful Kings, to support their decayed Patrons and Benefactors, to defend their native Country against invading Enemies, or Christians against Infidels, to prevent a greater mischief, and for the benefit of the Church in general, as sundry (a) 〈…〉, 2. ●an. 5. Ca●●ha 〈…〉 ●. c. 32. Ca●thaginense 5. ● 4 Agath●n. 〈◊〉 ●5 Suns & B●nius Con●●● T●m 1. ancient Councils, and the (b) ●erra●●us, c. ●● cause. 17. ●●. 4 and the Classes thereon, Angelus de Clavasi●. Summa Angelica & Pa●●●sta T●oumalasum Rosel●a, Tit. Alie 〈◊〉 junocentius, Parnent●n. with others the e cited. Popish Canonists themselves have resolved. Yea by the Pope's consent, without any of these Causes, our Archbishops and Bishops might alienate, sell, mortgage, give away, and dispose of the Lands belonging to their Bishoprics; as the express (c) Dr. B●nes his works p 195, 196. Fox Acts and Monuments, vol. 2 p. 332. clause in their Oath to the Pope, not to do it without the Pope's council and consent, imports. (d) Rudulphi de Diceto, Imagines H●stor. col. ●0. Roger Hoveden Annal. pars poste● p 716, 728. 731, 732. Mat Paris in Ri●h 1. An. 1193. When our King Richard the first was most injuriously taken in his return from the Holy Land, and for a whole year and three months' space kept Prisoner by the Emperor of Germany, and at last put unto a ransom of one hundred thousand pounds of Silver, after the weight of Colen, Anno 1093 the Kings Collectors being unable to levy so great a mass of moneys; thereupon Majores quidem Ecclesiae thesauros ab antiquis congestos temporibus, Ecclesiae Parochiales argenteos calices praemiserunt; the Archbishops, Bishops, Abbots and Priors of all Conventual Churches gave the fourth part of their annual Rents, and other inferior Clergymen the Tenth of their Tithes; and the Cistercian Monks all their Wools, towards his speedy ransom. Yea the (d) Walsingham Ypodigma p. 48. Chron I●hannis Brompton, col. 1250. Higden, l 7. c. 28. Henry de Knyghton, de Event. Angl. l. col. ●108. See Holinshed. Fabian, Grafton, Speed, Daniel, Baker in Ri●h. ● 1. Chronicle of Brompton and others inform us, that the King's Collectors wanting moneys, after a double exaction of what they could scrape together from all parts, Postrenis ut nulla vacaret occasio ad vasa sacra et utensilia Ecclesiae ventum est; jeaque per omnem Anglica regni latitudinem sacri Calices exactoribus regiis traduntur, vel paulo infra pondus redimuntur. Vasa etiam alia, Cruces Praelatorum, anu●● cum auro de Sanctorum fere●ris abra●o sunt conflaia, * Nota. Nec erat hoc secundum Patrum decreta illicitum, cum urgen●tisimus necessiiatis ar●●enlus instaret. Nec ulla erat distin●●●o (in this necessity) Clerici & Laici, secularis & religiosi, rustici & urbani, s●à omnes indifferenter juxtà substantiae suae vires vel redditum quantitatem pro redemptione Regia portionem suam solvere cogebantur. Privilegia, Praerogativae, junnunitates Ecclesiarunt tunc silebant penitus et vacabant. Omnis enim dignitas & libertas os suam oppilabat. Cisterciensis quoque ordinis Monachi, qui ab omni exactione Regie hactenus immunes extiterant, tantò magis tunc onerati suerant, quantò minus antea publici oneris senserant gravitatem. Exacti quoque & conctilanam suarum ovium resignarunt. And should not our Bishops and Cathedral men now for and towards his Majesty's most glorious redemption, and his three whole Kingdoms ransom from near twelve years' exile and captivity, and for the future settlement of our Churches, Kingdoms, in sound and lasting peace, in pursuance of his Majesty's most gracious Declarations and Engagements at Breda, and the General's Parliaments Engagements before his happy return into England, to give competent satisfaction to Purchasers of their Lands, not only part with their ancient Treasures, Chalices, Mitres, Crosiers, Church Ornaments, Copes, but likewise with their late alienated Temporalties and Revenues for competent terms of years of lives, reserving the ancient, or an improved rent, rather than violate the public saith, peace of the King, Kingdom, Parliament, oppugn his Majesty's royal Commands, the Lords, Commons, Parliaments, Soldiers and People's desires, by unreasonable demands, or indiscreet, covetous and violent proceedings, against Purchasers and Tenants, which may endanger if not demerit the forfeiture, reseisure, and new sales of all their Lands and Temporal Revenues in case of obstinacy and dis-satisfaction herein? The rather, because our Bishops by the Laws of England, before the Statute of 1. jac. c. 3. and other restraining Acts, might with the consent of their Deans and Chapters, not only lawfully lease their Lands for how many years or lives they pleased, but likewise alien and sell the Inheritance thereof, or charge them with what Rent-charges they pleased, especially by the King's consent, (as the grant of a Rent-charge out of the Glebe of a Parsonage by the Patron or Ordinary in time of vacancy, or of the Parson, Patron and Ordinary jointly to a Layman, shall bind the Successors in perpetuity) as is evident by the Statutes of 37 H. 8. c. 16. 1 Jac. c. 3. 33 H. 8. c. 31. Littleton, sect. 648. Cooks 1. Institutes, f. 343, 344, 44, 45. and many other Lawbooks. Not to add many Precedents to those forecited in so clear a case, it is registered by Bishop * Catalogue of Bishop●, p● 137. Godwin of john V●sly Bishop of Exeter in King Edward the 6th. his Reign, That of all the Bishops of the Land he was esteemed the best Courtier, being better liked for his civil Behaviour than his Learning, which in the end turned not so much to his credit, as to the spoil of his Church, for of twenty two Lordships and Manors which his Predecessors had left unto him, of a goodly yearly Revenue, he left but three, and them also leased out; and where he found 13. Houses and Palaces (too many by 12. for any one Apostolical Bishop) well furnished, he left only one House, bare and unfurnished, yet charged with sundry fees and annuities; whereby this Bishopric, which sometime was accounted one of the best became in Temporal Lands one of the meanest. If then our Bishops and Cathedral men themselves may thus alienate, sell, charge, exchange their Temporal Lands and Possessions, or lease them out to their Wives, Children, Kindred, Courtiers, Friends, without Sacrilege or Impiety; No doubt the King, Temporal Lords and Commons in Parliament, may much more alienate, lease, charge them upon any public necessity, for the Kingdom's ease, peace, settlement, after so many years' Wars and Revolutions, without any Sacrilege or Injustice, all circumstances duly considered. 8ly. That the Lands formerly given to Abbeys, Priories, Monastries, Templars, Hospitalers, and other Religious Orders, were dedicated to God and the Church, with greater Ceremonies and Solemnities, ratified by more Charters, Confirmations of our Kings and Parliamentary Councils, and by more solemn Anathemaes, Curses, Excommunications, than any Lands settled on Bishops, Deans, Chapters or Cathedrals, as the Charters themselves yet extant, and our (g) Beda, Ingulphi Historia, Malmesbury de Gestis Regum & Pontisicum Angliae, Mat. Paris, Mat. Westminster, Simaeon Dunelmensis, Radulfus de Diceto, Thom. Stubs Chronicon Gervasil, Chronicon Johannis Brompton, Evidentiae Eccles. Christi Cantuar. spelmanni concilia Tom. 1. Monasticon Anglicanum. The Legger Books of most Abbeys, Chartae Antiq. and Patent Rolls in the Tower. Histories resolve beyond dispute: Yet our Kings in all ages before and since the Conquest, have not only seized their Temporalties in times of War, but likewise detained them in their own hands, to their own use, and given them to their Officers, Captains and Soldiers, by way of pay or recompense for their salaries, and that both before and since the Conquest, as the Emperors of Germany, and Kings of France, Spain, Hungary, Poland, Denmark, Sweden, Russia, have frequently done, and that of late years too, as well as anciently by the jesuits persuasion, who affirm it to be lawful, and justas esse causas Monasteriorum fundationes in meliores usu● convertendi jam Pontifex, Caesar, Episcopi, Principes judicarunt et verbis et factis, Data sunt Monasteria in Belli sumptus, data multa Episcopis, data ad seminaria, data Parochiis, as Alphonsus de Vargas, Relatio de Stratagem, jesuiticum, c. 49. relates their words, which he amplifies from c. 43, to 54. I shall instance only in some few Domestic precedents. Beored King of the Mercians, in the years of Christ 870. and 871, when the invading barbarous Danes, plundered, sacked, burnt sundry Monasteries, and the Manors belonging to them, putting the Monks and Abbots they met with to the Sword, as well as others, without discrimination, seized upon divers Monasteries and their Lands, retaining most of them in his own hands, and giving the residue of them to his Commanders and Soldiers, for the better maintenance of his Wars and Forces against the Danes, for defence of the Kingdom and People, against their invasions, thus recorded by (h) Historia Francosurri 1601. p. 86●, 869, 878, 879. Ingulphus Abbot of Croyland. B●orredus autem Rex Merciorum hoc intermedio cum Britonibus occupatus, qui crebris eruptionibus Occidentalem partem Regni sui Merciae inquietabant, audiensque, Danos plagam ejus Orientalem plaga miserabili percussisse, venit Londonias: & contracto maximo exercitu, pertransiens per Regni sui plagas Orientales, totam Heliensem insulam fisco suo applicavit: procedensque in patriam Girniorum omnes terras de Medeshamstedensi monasterio in manum suam cepit, scilicet quicquid inter Stanford, Huntingdon, & Wischect dicto monasterio dudum pertinuerat; remotiores vero terras sparsim per patriam jacentes stipendiariis militibus exercitus sui assignavit: id secit de terris monasterii S. Pegae de al. peiki●k. Reifir●, quasdam sibi retinuit, quasdam militibus suis dedit: id fecit etiam de terris monasterii Gutblaci de Croyland, quasdam stipendiariis militibus distribuit, quasdam sibi confiscavit. Et licet venerabilis pater Godri●us saepius repetendo penes Regem & Ministros suos multos sudores consumeret, & chartas donatorum, Regumque confirmationes una cum suo proprio chirographo saepissime offenderet: nihil semper nisi vacua verba reportans, demum de negotii sui proposito penitus desperabat. Cernens itaque malitiam temporis nimiam, & all militiam. malitiam Regis terrarum cupidissimam, statuit tandem secum hujusmodi Regias donationes surdo tempore petransire, ac usque mel●ora tempora succederent, deinceps sub silentio dissimulare; laetus nimium, & exultans, quod totam circumjacentem insulam liberam, & ab omni exactione Regali absolutam multum specialius sibi, quam multis aliis monasteriis tunc contigerat, Regia gratia concessisset. Recesserunt ergo illo tempore de dicto monasterio Croyland, & usque ad praesentem diem non redierunt illae possessiones: scilicet manerium de Spalding, datum Adelwulpho Comiti, cum omnibus pertinentiis suis; manerium de Deping, datum Langfero militi, & panetario Reg cum omnibus pertinentiis suis; manerium de Crox●on, datum F●rnodo militi, & vexillario Regis, cum omnibus pertinentiis suis; manerium de Kirsoton & Kunerby in Lindefie, cum omnibus pertinentiis datum Comiti Turgoto. Bufenha●e vero, & Halington tunc fisco appropriata, postea per industriam Domini Turketuli Abbatis Croyland, & donationem piissimi Regis all Edredi. Edrad restauratoris dicto monasterio fuerant restituta. Similiter omnes caeterae teriae aliquando Croylandiae pertinentes, quas Rex B●orredus cisco suo assumpserat, scilicet, Quarpelade, Su●turton, Langtoft, Baston, Repingale, Nirfby, Draiton, Chirning, Glaphtorn, Adington, Standon, & Badby, per gratiam inclyti Regis Edredi, & diligentiam Abbatis Turketuli Croylandiae (who redeemed them with very great sums of money, which he mentions p. 878, 879.) reddebantur. Transiens tunc Rex B●orredus cum sito exercitu in Lyndes●e, latissimas terras monasterio de Bardney dudum pertinentes fisco suo accepit; al. remotas. immotas vero, & in diversis patriis * al. iacentes div●sim. divisas jacentes, militibus suis dedit. Besides, the same [i] Historia p. 895, 896. Ingulphus records, that in the 6. year of King Edward the Confessor, (though a great Patron of Abbots, Monks and Monasteries) Anno Dom. 1048. Wulgat Abbot of Pegeland, by sundry suits in the King's Courts of Justice, not only lost the site of his Monastery, but after that, all the Manors and Lands formerly given thereunto, after the Abbot of Burge hath recovered the former site of the Monastery, and enforced him to rebuild the Abbey in another place. Illo in tempore venerabilis pater Dominus Wulgatus Abbas Pegelandiae diutissimam calumniam passus ab Abbatibus Burgi Elfino, A●wino & Leofrico, Abbatiae suae sedem amittens tandem succubuit, & (proh nesas) totum situm monasterii sui judicio regalis curiae perdidit. Tantum tunc potuit super justitiam pecunia, contra veritatem versutia, & in curia Regis Hardecnuti Comitis Godwini potentia. Cumque praedictus Abbas Wulgatus amisso situ monasterii sui, juxta proximi fluvii crepidine● Weland nomine, in suo manerio magis vicino de Northamburgt fundamenta novi monasterii jecisset, & illuc Abbatiam suam transferre disponeret, Ecclesiamque ac dormitorium cum caeteris claustralibus officinis, adjutus multorum fidelium Eleemosyuls reaedificare non segniter insudaret, Fernotus miles, & Dominus de Bosworth dictum manerium de Northburt datum fuisse de progenitoribus ejus monasterio sanctae Pegae, & monachis ibidem Deo servientibus ex Abbatis propriis chirographis patenter ostendit. Unde consequenter allegavit, quod cum Deo & sanctae Pegae Abbas Wulgatus & monachi sui à modo ibidem non servirent, dictum manerium à modo non haberent. Acceptatum est hoc à Regis justitiario, & confestim adjudicatum est dictum manerium de Northburt cum omnibus suis pertinentiis praedicto militi Fernoto, & tanquam jus suum haereditarium, de monachis Ecclesiae sanctae Pegae alienatum perpetuò & sublatum. Quod cum per universum Regnum citius fuisset cognitum, scilicet Abbatem de Peikirk prius amisisse monasterium suum, & consequenter manerium ad monasterium quondam pertinens; similiter Edmerus miles & Dominus de Holbrok calumniam movit contra eundem Abbatem & monachos suos de manerio suo de Makley; & Horsingus de Wathe calumniatus est & pro manerio suo de Badington; & Siwardus Comes de manerio suo de Bernack; & Hugolonus thesaurarius de manerio de Helieston; & alii plures de aliis maneriis dicto monasterio dudum pertinentibus; & omnes eadem ratione in dicta causa contra monachos obtinuerunt; & tam de maneriis, quam de monasterio suo dictus Abbas de Peikirk & monachi sui nequiter ac crudeliter ejecti sunt: ut nunquam alicui veniat damnum solum. Cum itaque Abbas Wulgatus & conventus suus, monachi scilicet 18. sic de monasterio destituti vagabundi & in proximo dispergendi in omnem ventum pro extrema miseria fluctuarent: misertus eorum piissimus rex Edwardus omnes in suam curiam suscepit, & usquequo eis provideret,, suam capellam, ac aulam quotidie frequentare imperavit. If then Lands formerly dedicated to God and Monasterial Churches, may thus be taken away and recovered from them by Law, without sacrilege or injustice; they may by like reason upon most occasions be alienated and taken from them by the King, Parliament, and Temporal Lords. (k) De Nugis Curialium. Gualther Mapes, and (l) In his Britannia Glocestershire, p. 177, 1●8. See john Bale his Acts of English Vo●●ries. Mr. Cambden out of him inform us, that in King Edward the Confessors reign, Godwin Earl of Kent having a design to gain the Manor of Barkley in Gloucester-shire to himself, belonging to a Nunnery there situated where the Castle now stands, passing by the Nunnery, left his Nephew, a very beautiful and elegant young man in the Nunnery, who lodged therein so long under pretext of sickness, that with his costly Gifts, Beauty and Courtship, he so far corrupted the chastity of the Abbess and Nuns, (who attended him by turns) that he begat and left them all great with child, and turned these lambs into Wolves. After which posting thence to Earl Godwin, and acquainting him therewith; he thereupon informing the King that the Abbess and all the Nuns were prostituted Strumpets, and great with Child; the King issued a Commission to inquire thereof, and finding it to be true, the Nuns were cast out, and the Manor given to Earl Godwin, who begged it of the King, from whom it came to the Barons of Barkly, who have enjoyed it as the Head of their Barony for any Generations, without any Sacrilege or Impiety. By the Common law of England our Kings in all Ages by their Prerogative Royal in times of war, danger, and upon sundry other occasions have seized the Lands, Benefices, Rents, Revenues, moneys, Goods of Priors, Abbots, Monks, and other Ecclesiastical Persons, who were aliens to their own uses, without Sacrilege or Impiety; as is evident by the Fine Rolls of 23 E. 1. m. 1, 2. claus. 23 E. 1. dors. 4. cl. 24 E. 1. m. 11. claus. 25 E. 1. dors. 12, 20, 22. claus. 20 E. 2. dors. 9 Rot. Fin. 20 E. 2. m. 9 Rot. Fin. 14 E. 3. m. 11, 12, 18, 19, 20, etc. cl. 15 l●. 3. pars 3. dors. 6. Rot Fin. 16 E. 3. m. 26. cl. 19 E. 3. pars 1. m. 17. Rot. Fin. ●3 E. 3. m. 26. and sundry other 〈◊〉 and Cla●s● Roll, in t●● Tower, ●y sundry (m) Parliament l●o●ls, and our (n) l●●w●ooks too. And upon the Commons Petition in the Parliament of 2. H. 4. (o) the Prior aliens Lands we●e not only ●ei●ed into the King's hands, but likewise sold and ahea●red into laymen's hands, to maintain the wars against the French and Welshmen. To pretermit all particular seizures, alienations, sale, subtractions of Abbots, Priors, Monasteries, and Religions Persons Lands, mentioned in our Histories and Record, the respective Parliaments of 27 H. 8. 31 H. 8. c. 1●. 37 H. 8. c. ●1 E. c. 14 by several Acts (collected by Rastall, Title, Monasteryes) upon Mr. Fish his supplication of Beggars, several Petitions and Complaints of the Commons, and Inquisition taken upon oath, and returned into the Exchequer of the Sodomitical, adulterous, incontinent, vicious lives of Abbots, Monks, Nuns, and other religious Persons, remaining on Record in the Exchequer, published at large by john Speed in his History, Weaver, and (p) others, totally suppressed all Monasteries, Priories, Nunneries, Cells, and other religious Houses, and settled the inheritance of all their Lands, Rents, Revenues, Possessions whatsoever in the Crown of England, and that without any sacrilege, impiety or injustice; never since resumed, nor ever likely to be restored to them in succeeding Ages, being for the most part alienated, sold and distributed by our Kings into the hands of the Nobility, Gentry, Commonalty and Corporation, of the Kingdom; See I●hn Bale his Acts of English ●otaries. and into the hands of all or most of the Archbishops, Bishop's Deans, Chapters, prebend's, Colleges in England & Ireland; who repute it neither Sin, nor Sacrilege in themselves to receive, detain, enjoy these Monastical Lands and Possessions; out of whose spoil; the Bishoprics Deans and Chapters of Gloucester, Ch●t●r, Oxford, Peterborough, and Westminster itself were first erected by Parliaments and Statutes of 31 H. 8. c. 15.33 H. 8. c. 31, 34, & 35 H 8. c. 12, 15, 17. and the Letters Patents of King Henry the eight, See the Patent Rolls of 3● & 34, & 35, & 36 H 8. under his Great Seal, translating the Conventual Churches of Bristol, Gloucester, Oxford, Peterborough, and Westminster into Cathedral Churches, and Sees of Bishops, and the Abbots, Priors, Covents of these Churches into Bishops, Deans, Chapters, limiting the bounds of their Diocese, (taken out of other ancient Bishoprics) and granting them all their Episcopal and Ecclesiastical Jurisdiction, as derived only from our Kings, the Supreme heads of the Church of England under Christ, and to be exercised only in their Names, Styles, Rights, steeds by these Bishops and their Officers, as the Statutes of 26 H. 8. c. 1. 37 H. 8. c. 16, 17. 1 Edw. 6. c. 2. 1 Eliz. c. 1. 5 Eliz. c. 1. 8 Eliz. c. 1. and their very Patents resolve us; not by any real, or adherent Divine Episcopal Jurisdiction derived to them immediately from Christ himself. If then it were neither Sacrilege, Impiety, nor Injustice in these Parliaments and our Kings, to take away, cell, alienate these Lands and Revenue, of Priors, Monks, Monasteries, and divert them from their primitive uses, as our Bishops, Dean, and Chapters must grant as well as others; or else renounce resign most of the Temporalties, Rents, Appropriations and Revenue, they now enjoy, originally belonging to Monasteries; then by the selfsame reason, it can be no Sacrilege, impiety or injustice, for the King, Lords, Commons and Parliament upon the like grounds and considerations to take away, cell, alienate the temporal Land, of Bishops, Deans and Chapters, if they offend, or obstinately refuse to give the late Purchasers of them competent satisfaction, for the Kingdom's Peace and Tranquillity, upon their commands and votes. 9ly. That is evident by our (a) Beda, ●●gulphus, Mat. Westminster, Mat. Paris. Simeon Dunelm. Thomas Stubs, Gervan●●us Dorobernensts, Ricardus Hagustaldensis. Spelmanni Concil. Tom. 1. Monasticon Anglicanum, Antiqu. Eccles. Brit. Godw. Catalogue of Bishops, ●v●dentiae Ecclesiae Christi Cantuar. Chartae Antiquae, and the Patents Rolls in the Tower. Histories, Records, Leager-books, that all or most of the Manors, Lands, Tenements in England and Wales, now in the possession of the King, Queen, Nobility, Gentry, and Commons of England, have heretofore in some Age or other been solemnly consecrated, devoted, and given by their Ancestors to some Cathedral, or Collegiate Church, Abby, Priory, Nunnery, Cell, religious House or other, or else (b) Magna Char●n, c. 3●. 7 E. 1. Rasta● M●rt main 2. 15 R. 2. c. ●. See Brook and 〈◊〉, Tit. Mat main, & Abby● by art, fraud, monies vested in and settled on them in perpetuity as the Church's Patrimony; Yet notwithstanding they have been alienated, substracted or taken wholly from them in successive Ages, and the inheritances of them settled in our Kings, Nobles, Gentry and Yeomanry, without any scruple of Consciences, or real or imported guilt of Sacrilege. From whence it inevitably followeth, (c) See Rastals Abridgement Tit. Monasteries, 3● H. 8. c. 16. That is the greatest part of all the Temporalties, Lands and Revenues which our Archbishops, Bishops, Deans, Chapters, prebend's, Abbots, Priors, Monks, Templars, Hospitallers, and other Ecclesiastical or religious persons, formerly enjoyed by as good right, title, in Law, Conscience, as those now or any of them yet enjoy them, might be lawfully alienated, or justly taken from them by our Kings, Parliaments, and Temporal Lords, and may be still detained from them by the Purchasers of them, their Heirs or Assigns, without Sacrilege, Impiety, or Injustice; Then by the self same reason, the Lands and Temporalties they lately possessed or yet possess, may upon any public necessity or just occasion be alienated, sold and taken from them by our Kings, Parliaments, Lords and Common, without the guilt of Sacrilege or Impiety; so as there be a competent maintenance left for the Evangelical Ministers, Bishops and Pastors of Parochial Churches, for the instruction, edification and salvation of the People's souls committed to their charge; There being the selfsame * Is it be a real Sacrilege to alienate any Lands or Houses formerly dedicated to religious, idolatrous or superstitious uses, as Prelatical Clergy men assert, then ●ll such Lands ought to be restored to their primative uses, or else none at all. reason of Sacrilege, and no Sacrilege, in alienating, substracting, selling, detaining the major part of their Lands & temporalties as of the Minor: Or else if it be real Sacrilege to alienate, sell, detain any parcels of Lands or Temporalties, formerly given by our ancient Parliaments to others, or vested in the Church or Churchmen; then all our Kings, Parliaments, Nobles, Commons, must be actually guilty of these sins; and as far forth obliged in Justice, Conscience, to make full restitution of all Church-lands whatsoever, formerly alienated or substracted, as the late Purchasers of Bishops and Cathedral Lands, and then the whole Kingdom, or far greatest part thereof, must henceforth become the Churches and Church-mens Patrimony, and our Kings, Nobles, Gentry, Commonalty of all degrees, their mere Homagers, Vassals, Farmers, and Tenants at sufferance; the antiquity of former alienations, sales of Church-lands by our Ancestors, if Sacrilegious and Impious, rather aggravating, than extenuating the Crime; but no ways justifying the Legality thereof; it being a Maxim in our Law, (d) Regulae juris. Quod ab initio non valet, tractu temporis non convalescit, and a Principle in Divinity, that the (e) 1 Cor. 5. 7, 8. Col. 3. 9 1. Pet. 1. 18. older any sin is, and the longer persevered in, the more execrable, and fit to be repent, redressed: and that (f) Alexander Alensis Sum. Theol. pars 4. quaest. 24. Summa Angelica, & summa Rosella, Tit. Restitutio. Heirs, Assignees, and Successors are obliged to make restitution of sacrilegious Rapines as well as the immediate Authors of them. 10ly. That the Dispensation and Indulgence of Pope julius the 3d. himself, Cardinal Pole Archbishop of Canterbury his Legate, upon the Petition of all the Bishops and Clergy of England, though Papists, and the memorable Act of the whole Parliament of 1, & 2 Philip & Mary, c. 8. reciting them, and confirming all alienations, seizures, sales of the Lands, Manors, Rents, Revenues, Goods, as well of Archbishops, Bishops, Deans, Chapters, prebend's, Cathedrals, as of Abbots, Priors, Monks, and other Religious Persons and Monasteries, made by our Kings, or Parliaments to the Crown, and the Purchasers of all and every of them, and their Heirs, from the twentyeth year of King Henry the 8th. till the first of Queen Mary, during their revolt and pretended schism from the Church of Rome, and of all Ordinations, Presentations, Ecclesiastical Sentences and Proceedings, for the public peace, benefit, tranquillity of the Church and Realm of England, and satisfaction of Purchasers, may for ever silence our Prelates and Cathedral men's loud cries against the sacrilege of the late Sellers and Buyers of Bishops and other Cathedral men's Lands, and induce them to give the Purchasers of them full satisfaction by confirming their sales for a competent time. For which end I shall transcribe so much of that memorable Act as concerns our present case and condition. 1 & 2 Phil. & Mary, ch 8. We the Lords Spiritual and Temporal, and the Commons in this present Parliament assembled, representing the whole body of this Realm, reduced received by your Majesty's intercession to the unity of Christ's Church, and the obedience of the Sea Apolike of Rome, and the Pope's holiness governing the same, make most humble suit unto your Majesties, to be likewise means and intercessors, that all occasions of contention, hatred, grudge, suspicion and trouble, both outwardly and inwardly in men's Consciences, which might arise amongst us, by reason of disobedience, may by authority of the Pope's holiness, and by ministration of the same unto us, by the most reverend Father in God the Lord Cardinal Poole, by dispensation, toleration, or permission respectively, as the case shall require, be abolished and taken away, and by authority sufficient these Articles following, and generally all others, when any occasion shall so require, may be provided for, and confirmed. First, that all Bishoprics, Cathedral Churches, Hospitals, Colleges, Schools, and other such foundations now continuing, made by authority of Parliament, or otherwise established, according to the order of the Laws of this Realm, sithence this schism, may be confirmed and continued for ever. Item that marriages made infra gradus prohibitos consanguinitatis, affinitatis, cognationis spiritualis, or which might be made void propter impedimentum publicae bonestatis, justitiae, or for any other cause, prohibited by the Canons, only may be confirmed, and children born of those marriages declared legitimate, so as those marriages were made, according to the Laws of the Realm for the time being, and be not directly against the laws of God, nor in such case, as the Sea Apostolic hath not used to dispense withal. That institutions of Benefices, and other promotions ecclesiastical and dispensations, made according to the form of the Act of Parliament, may be likewise confirmed. That all judicial Processes, made before any Ordinaries of this Realm, or before any Delegates upon any Appeals, according to the order of the Laws of the Realm, may be likewise ratified and confirmed. And finally where certain Acts and Statutes have been made in the time of the late schism, concerning the lands, and hereditaments of Archbishoprics, and Bishoprics, the suppression, and dissolution of Monasteries, Abbeys, Priories, Chauntries, Colleges, and all other the Goods and Cattles of religious Houses. Since the which time, the right and dominion of certain Lands, and hereditaments, goods and cattles belonging to the same, be dispersed abroad, and come to the hands and possessions of divers and sundry persons, who by gift, purchase, exchange, and other means, according to the order of the Laws and Statutes of this Realm, for the time being have the same. For the avoiding of all scruples that might grow by any the occasions aforesaid, or by any other ways or means whatsoever: It may please your Majesties, to be Intercessors Mediators to the said most reverend Fathers, Cardinal Pole, that all such Causes and Quarrels as by pretence of the said schism, or by any other occasion, or mean whatsoever, might be moved by the Pope's holiness, or Sea Apostolic, or by any other Jurisdiction Ecclesiastical, may be utterly removed and taken away, so as all persons having sufficient conveyance of the said Lands, and hereditaments, Goods and Cattles, as is aforesaid, by the Common Laws, Acts or Statutes of this Realm, may without scruple of Conscience enjoy them without impeachment or trouble, Nota. by pretence of any general Council, Canons or Ecclesiastical Laws, and clear from all dangers of the censures of the Church. And conformable hereunto, the Bishops and Clergy of the Province of Canterbury have presented to your Majesties a supplication in this tenor that followeth. The Supplication of the Clergy. Nos Episcopi & Clerus Cantuariensis provinciae in hac Synodo more nostro solito, dum Regni Parliamentum celebratur, congregati, cum omni debita humilitate & reverentia, exponimus Majestatibus vestris, quòd licet Ecclesiarum, quibus in Episcopos, Decanos, Archidiaconos, rectores, & vicarios praefecti sumus, & animarum, quae nobis & curae nostrae subjectae sunt, & earundem bonorum jurisdictionum, & jurium, ex sacrorum Canonum dispositione, defensores et curatores constituti sumus, et propterea ipsarum bona, jurisdictiones, et jura in pernicioso hujus Regni praeterito scismate deperdita et amissa, omni study, & totis nostris viribus, recuperare, & ad pristinum Ecclesiarum jus revocare, juris remediis niti deberemus: Nichilominus tamen habito prius per nos super hac re maturo Consilio, Nota. & deliberatione ingenuè fatemur, nos optimè cognoscere, quam haec bonorum Ecclesiasticorum difficilis, & quasi impossibilis esset recuperatio propter multiplices, ac pene inextricabiles super his habitos contractus, & dispositiones, & quòd si ea tentaretur, quies & tranquillitas Regni facilê perturbaretur, & unitas Ecclesiae Catholicae, quae jam pietate, & aucthoritate Majestatum vestrarum hoc in Regno introducta est, cum maxima difficultate suum debitum progressum; & finem sortiri non posset. Nota. Ideo nos bonum & quietem publicam privatis commeditatibus, & salutem tot animarum praecioso Christi sanguine redemptarum terrenis bonis anteponentes, & non quae nostra, sed quae jesu Christi sunt quaerentes, Majestates vestras enixè rogamus, eisque humiliter supplicamus, ut reverendissimo in Christo patri, Domino Reginaldo Cardinali Polo, ad ipsas & universum hoc Angliae regnum sanctissimi Domini nostri, Domini julii, Papae tertii, & Apostolicae sedis de latere legato, haec nomine nostro insinuare, & apud eum intercedere dignentur, ut in hiis bonis Ecclesiasticis in parte, vel in toto arbitrio suo juxta facultates sibi ab eodem sanctissimo Domini nestro Papa concessas, eorundem bonorum detentoribus clargiendis et relaxandis publicum bonum privato; Nota. pacem & tranquillitatem dissidiis, & perturbationibus, atque animarum salutem bonis terrenis prae●erre, & anteponere velit, Nos enim in omnibus quae ab ipso legato statuta, & ordinata circa haec bona fuerint, exnune, prout extune, & econtra consensum nostrum praestamus, Nota. imo etiam ut in praemissis se difficilem aut restrictum reddere non velit, Majestates vestrae nostro nomine cum hortari, & rogare dignabuntur. Forasmuch as the said most Reverend Father the Lord Legate, at the intercession of your Majesties, hath by the authority of the Sea Apostolic, sufficiently dispensed in the matters specified in the said several Supplications, as in his said Letters of Dispensation is contained more at large. The tenor whereof ensueth. Reginaldus miseratione divina Sanctae Mariae in Cosmodin Sanctae Romanae Ecclesiae Diaconus Cardinalis Polus nuncupatus, The Dispensation of the Cardinal. ad Serenissimos Philippum & Mariam, Angliae Reges, fidei defensores, & universum Angliae regnum, Sanctissimi Domini nostri Papae, & sedis Apostolicae de latere legatus, eisdem Serenissimis Philippo & Mariae Regibus salutem in Domino sempiternam. cum supremum Consilium istius regni Parliamentum nuncupatum Majestatibus vestris, per suos supplices libellos exposuisset, quòd perniciocissimo scismate, in hoc regno aliàs vigente, quod nunc dei mis●ricordia, & Majestatum vestrarum pictate extinctum est, aucthoritatem ipsius Parliamenti, nonnulli Episcopatus divisi, & ex his aliquae inferiores Ecclesiae, in Cathedrales erectae, & scholae, atque hospitalia fundata, necnon plurimae dispensationes & beneficiorum provisiones sactae fuerunt, ac multae personae quibus persuasum suerat, juris Canonici dispositiones, hoc in Regno amplius locum non habore: inter se in gradi●us consunguinitatis vel assinitatis de jure prohibitis, & aliis impedimentis Canonicis f●●i obstantibus watrimonia, per verba de praesentii contraxerunt, & multi actus judiciarii, & processus, ram in primis, quam ulteriori us instantiis super rebus spi●itualitus, & Ecclesiasticis coram judicibus tam Ordinariis quam delegatis, qui authoritate laicali procedebant, habiti & servati, ad super eis etiam sententiae ●atae, & promulgatae fuerunt, & bona Ecclesiastica per deversas einsdem regui personas occupata, & apprehensa fuerunt. Quae quidem licet ex sacrorum Canonum institutis irrita declarari possent, tamensi ad alium statum, quam in quo nune sent, revocarentur, publica pax, & quies universi regni turbaretur, & maxima confusio oriretur, praesertim si dictorum honorum possessores molestarentur, & propteria majestatibus vestris humiliter supplicaverint, ut apud nos intercedere dignentur, at premissarum rerum firmitati, & stabilitati, & simul hujus reqni quieti, et tranquilitati de benignitate Apostolica providere velimus. Cumque Episcopi quoque deinde, ac reliq●us provinciae Canterburiensis Clerus totum sere corpus Ecclesiasticum regui representans, ad quos haec bonorum Ecclesiasticorum causa maxime pertinet, expositerint, quod haec bona ad jus ecclesiarum re vocare non pessunt, cum pax universalis, et avies hujus regni turbetur, et causa fidei atque unitatis Ecclesiae, jam toto omnium consensu hoc in regno introducta, in maximum periculum adducatur, et propterea ipsi quoque supplicaverint, ut apud nos intercedere velint, ut in his bonis Ecclesiasticis possissorilus relaxandus restrictier difficiles esse nollemus, majestates autem vestrae, ad quas maxime spectat providere, ut regnum ipsarum potestati, regimini et curae commissum in pace et tranquillitate conservetur. His supplicationibus et postulatis cognitis et mature consideratis, judicaverint ea omnia, et maxime illa, quae in bonorum Ecclesiasticorum causa petuntur, pro causa fidei et pro pace publica, per nos debere sine ulla dilatione concedi, et quemadmodum rogatae suerunt, apud nos intercedere dignatae fuerint, prout in supplicationibus per idem supremum consilium, et Episcopos ac clerum praelatum majestatibus vestris porreois, atque in libello intercessi nis per easdem majestates vestras nobis simul cum aliis supplicationibus exhibito, latius apparet. Ideirco nos qui ad majestates vestras, et hoc nobilissimum vestrum regnum à Sanctissimo Domino nostro julio Papa tertio ipsius et sedis Apostolicae de latere legati missi sumus, ut regnum istud, quod jam diu ab Ecclisiae Catholicae unitate separatum fuerat, Deo et Ecclisiae Christi, ejusque in terris vicario rereconciliaremus: et ut ea omnia quae ad pacemet tranquillitatem hujus regni pertinerent, omni studio procuraremus, postquam dei benignitate, et majestat●m v●strarum pietate, per authoritatem ejusdem Sanctissimi Domini nostri Papae, cujus vices hic sustin●mus, reconciliatio jam facta est, ut paci et tranquillitati regni praesati consulamus, atque utunitas Ecclesiae, ex qua salus tot animarum praecioso Christi sanguine redemptarum dependet, hoc in regno jam introducta corroboraretur, et salva permaneat, cum utrinsque rei stabilitatem in eo maximo consistere, si borum Ecclesiasticorum bonorum poss●ssoribus molestia nulla inferatur quo nimus ea teneant, tot et tam gravia testimonia nobis fidem faciant, et majestatum vestrarum intercessio, quae pro unitate Ecclesiae, et sedis Apostolicae aucthoritate hoc in regno instauranda tam studiosè, & tam piè elaborarunt, eam quam par est aucihoritatem apud nos habeat, & ut universum hoc regnum sedis Apostolicae maternam verè indulgentiam, & charitatem erga se agnoscat, & re ipsa experiatur: quoscunque ad quos infra scripta pertinent, ● quibusvis excommunicationis, suspensionis, et inter dicti, aliisque Ecclesiasticis sententiis, censuris, & poenis à jure, vel ab homine quavis occasione vel causa latis, si quibus quomod●libet innodati existunt, ad effectum praesentium dumtaxat consequendum harum serie absolventes, & absolutos sore consentes, aucthoritate Apostolica, per litteras Sanctissimi domini nostri D. julii Papae tertii nobis concessa, & qua fungimur in hac parte, tenore praesentium dispensamus: 1 Cathedral Churches, Hospitals and Schools. quòd omnes & singulae Cathedralium Ecclesiarum erectiones, hospitalium, et scholarum fundationes tempore praeleriti scismatis, licet de facto et nulliter attentatae in eo statu, in quo nunc sunt, perpetus firmae et stabiles permaneant, illisque Apostolicae firmitatis robur adjicimus, it a ut non ea aucthoritate, qua prius, sedea, quam nunc eis tribuimus, fact● ab omnibus censcantur, et cum omnibus et singulis personis regnipraedicti, quae in aliquo consunguinita vel affinit atis `gradu etiam multiplici, vel cognationis spiritually, 2 Marriages and Children. sen publicae honestatis justitiae impedimento de jure positivo introductis, & in quibus sanctissimus Dominus noster Papa dispensare consuevit, matrimonia scienter vel ignoranter de sacto contraxerint, ut aliqua impedimentorum praem●ssorum, non obstante corum matrimoniis sic contractis, libere, & licite remanere, seu illa de novo contrahere possint, misericorditer in Domino dispensamus, prolem susceptam, suscipiendam legitimam, provisio. decernentes; ita tamen ut qui scienter & malitiose contraxerint, à sententia excommunicationis, & ab incestus sue * Such marriages defined Sacrilege by this Cardinal. sacrilegii reatu, absolutionem a suo ordinario, vel curato, quibus id faci●n●i facultatem concedimus, obtineant, ac omnes Ecclesiasticas seculares, seu quorumvis ordinum regulares personas quae aliquas impetrationes, dispensationes, concessiones, gratias, & indulta, tam Ordines quam beneficia Ecclesiastica, 3 Dispensation; and privileges. seu alias spirituales materias praetensa aucthoritate supremitatis Ecclesiae Anglicanae, licet nulliter, & de facto obtinuerint, & ad cor reversae Ecclesiae unitati restitutae fuerint, in suis Ordinibus, & beneficiis per nos ipsos, seu à nobis ad id deputatos misericorditer recipiemus, prout jam multae receptae fuerunt, secumque super his opportunè in Domino dispensavimus. Ac omnes processus in quibusvis instantiis coram quibusvis judicibus, 4 Process judicial. tam ordinariis quam delegatis, etiam laicis super materiis spiritualibus habitos & formatos, et sententias super eis latas, licet nulliter et de facto, quoad nullitatem ex defectu jurisdictionis praefato tantum insurgentem sanamus, illosque et illas aucthoritate Apostolica confirmamus. Ac quibusvis hujus regni personis, ad quarum manus bona Ecclesiastica ex quocunque contractu seu titulo oneroso vel lucrativo jam devenerint, 5 Possessors of church-good. illaque tenuerint, seu etiam teneant, omnes et quoscunque fructus ex eisdem bonis, licet indebitè perceptos, in totum remittimus et relaxamus: Volentes ac decernentes, quòd dictorum bonorum Ecclesiasticorum tam mobilum quam immobilium possessores praesati non possint in praesenti, nee in posterum, seu per Conciliorum generalium, vel provincialium dispositiones, seu decretales Romanorum pontifioum Epistolas, seu aliam quamounque censuram Ecclesiasticam in dictis bonis, seu corundem possessione molestari, inquietari, vel perturbari, nec eis aliquae censurae vel poenae Ecclesiasticae propter hujusmodi detentionem, seu non restitutionem irrogari vel infligi, & sic per quoscunque judices & auditores sublata eyes, qua suis aliter judicandi & interpretandi facultate, & aucthoritate judicari & diffiniri debere, & quicquid secus attemptari contigerit, irritum & inane fore decernimus, non obstantibus premissis defectibus, & quibusvis Apostolicis, ac in provincialibus, & synodalibus conciliis editis, specialibus vel generalibus constitutionibus, caeterisque contrariis quibuscunque. Admonemus tamen cum divisio Episcopatuum, & erectio Cathedralium Ecclesiarum sint de majoribus cansis, quae summo Pontifici sunt reservatae, recurrendum esse ad suam Sanctitatem, & ab ea suppliciter postulandum, ut haec confirmare, seu de novo facere dignetur. Et licet omnes res mobiles Ecclesiarum indistinctè iis, qui eos tenent relaxaverimus, eos tamen admonitos esse volumus, ut ante oculos habente divini judicii severitatem contra Balthasarem Regem Babilonis, qui vasa saera non àse, sed à Patre è templo ablata in prophano usus convertit ea propriis Ecclesiis si extant, vel aliis restituant. Hortante, etiam, & per viscera misericordiae jesu Christi obsestantes eos omnes, quos haec res tangit, ut salutis suae non omnino immemores, hoc saltem efficiciant, ut ex bonis Ecclesiasticis, maxim iis, quae ratione personatunm & vicariatuum populi ministrorum sustentationi fuerint specialiter destinata, seu aliis Cathedralibus, & aliis quae nunc extant, inferioribus Ecclesus curam animarum exercentibus ita provideatur, et earum pastors, personae et vicarii commodè, et honestè juxta corum qualitatem, et statum sustentari possint, et curam animarum laudabiliter exercere, et onera incumbentia congruè supportare. Datum Lambeth prope Loudinum Wintonien. Diocese. Anno Nativitatis Domini Millessimo, quingentesimo, quinquagesimo quarto. Nono Cal. januarii Pontif. Sanctissimi in Christo patris, et Domini nostri, Domini julii, divina providentia Papae tertii. Anno quinto. Reginaldus Cardinalis Polus Legatus. We the said Lords Spiritual and Temporal, and Commons in this present Parliament assembled, rendering most humble thanks to your Majesties, by whose intercession and means we have obtained the said Dispensations of the Pope's holiness by the most reverend Father in God, his Legate, most humbly beseecheth the same, that it may be ordained as followeth. And therefore be it enacted by the Authority of this present Parliament, that all and singular Articles and Clauses contained in the said Dispensation, as well touching the establishment of Bishoprics, and Cathedral Churches, as also the confirmation of marriages in degrees prohibited by the Canons of the Church, the legitimation of Children, and the ratification of Process, and of Sentences in matters Ecclesiastical, touching the invalidity of them for want of Jurisdiction, and the institutions and destitutions, of, and in Benefices and Promotions ecclesiastical, dispensations, and graces, given by such order, as the public Laws of the Realm then approved, Nota. and all other things before contained, in the said Letters of dispensation, shall remain and be reputed and taken, to all intents and constructions in the Laws of this Realm, lawful, good, and effectual to be alleged and pleaded in all Courts ecclesiastical and temporal, for good and sufficient matter, either for the Plaintiff or Defendant, without any allegation, or objection, to be made against the validity of them, by pretence of any general Council, Canon, or Decree, to the contrary made, or to be made in that behalf. And whereas divers and sundry late Monasteries, Priories, Nota. Commandries and late Nunneries, Deaneries, prebend's, Colleges, Hospitals, Houses of Friars, Chauntries, and other religious ecclesiastical Houses and places, and the Manors, Graunges, Messages, Lands, Tenements, Rectories, Tithes, Pentious, Portions, Vicarages, Churches, Chapels, Advowsons', Nominations, Patronages, Annuities, Rents, Reversions, Services, and other Possessions and Hereditaments to the late Monasteries, Priors, Nunneries, commands, Deaneries Chauntries, prebend's, Houses of Friars, Colleges, Hospitals, and other religious and ecclesiastical Houses and Places, Nota. and to sundry Archbishoprics and Bishoprics within this Realm, late appertaining and belonging, came as well to the hands and possession of the said King of famous memory Henry the 8. father unto your Majesty, our said Sovereign Lady by dissolution, gift, grant, surrender, attainder, or otherwise, as also to the hands and possession of divers and sundry other persons, and bodies politic and corporate, by sundry means, conveyances, and assurances, according to the order of the Laws and Statutes of this Realm. And where also divers Manors, Lands, Tenements, and Hereditaments, Nota. parcel of the possessions of Archbishopric and Bishoprics, and many and sundry late Deaneries, Colleges, Chauntries, Rectories, prebend's, free Chapels, guilds, and Fraternityes, Manors, Houses, Graunges, Lands, Tenements, Rents, Services, and other Ecclesiastical Possessions, Hereditaments, Goods, and Cattles to the said Archbishoprics, Bishoprics, Deaneries, Colleges, Chauntries, free Chapels, Rectories, guilds, and Fraternityes, late appertaining and belonging, or appointing, to and for the finding of Priests, Obyttes, lights, or other like purpose, came as well to the hands and possession of the late noble King Edward the sixth, Brother unto your Majesty Sovereign Lady, by virtue of an Act of Parliament thereof made, or otherwise, as also the hands and possessions of divers & sundry other persons, and bodies politic and corporate by sundry means, conveyances and assurances, according to the order of the Laws of this Realm: a great number of which said late Monasteries, Priories, Nunneries, commands, Deaneries, Colleges, Hospitals, prebend's, Chauntries, free Chapels, guilds, and Fraternities, and the Manors, Granges, Messages, laud's, Tenements, Rents, Reversions, Services, Tithes, Pentions, Portions, Vicarages, Churches, Chapels, Advowsons', Nominations, Patronages, Annuities, and Hereditaments, Goods, and Cattles, to the said Monasteries, Nunneries, commands, Deaneries, Colleges, Hospitals, Chauntries, free Chapels, guilds, Fraternities, and other Ecclesiastical Houses, Archbishoprics, and Bishoprics belonging, Nota. as well for great sums of money, as for other good and reasonable causes and considerations, have been conveyed, and assured to divers the Subjects, and bodies politic of this Realm, aswell by the said King Henry the eight, the said King Edward the sixth, and by your Highness our Sovereign Lady, and jointly by both your Majesties, as also by divers the Owners of the said Ecclesiastical possessions, which said conveyances and assurances by their sundry Letters Patents, and other writings more plainly do and may appear. Forasmuch as the said most reveverend Father, hath also by the said Dispensations, removed and taken away all matter of impeachment, trouble, and danger, which by occasion of any general Council, Canon, or Decree Ecclesiastical, might touch and disquiet the possessions of such Goods moveables, lands, tenements, possessions, and hereditaments, as were of late belonging to any of the said Archbishoprics, Bishoprics, Monasteries, Priories, Nunneries, commands, Deaneries, Houses of Friars, or other religious Houses or Places, of what nature, name, kind, or quality soever they be of. Yet for that the Title of all lands, possessions and hereditaments in this your Majesty's Realm & Dominions is grounded in the laws, statutes, and customs of the same, and by your high jurisdiction, authority royal, and crown imperial, and in your Courts only to be impleaded, ordered, tried, and adjudged, and none otherwise; and understanding, that the whole, full, and most gracious intent, mind, and determination of your most excellent Majesty's be, that all and every person and persons, bodies politic and corporate, Nota. their heirs, successor and assigns, and every of them, shall have, keep, retain, and enjoy all, and every their estates, rights, possessions, and interests, that they and every of them now hath, or hereafter shall have, of and in all and every the Manors, Graunges, Messages, Lands, Tenements, Tithes, Pentions, Portions, Advousons', Nominations, Patronages, Annuities, Rents, Revertions, Services, Hundreds, Wapentakes, Liberties, Franchises, and other the possessions and hereditaments of the said Monasteries, Abbeys, Priories, Nunneries, commands, Deaneries, Colleges, prebend's, Hospitals, houses of Friars, Chantries, Rectories, Vicareges, Churches, Chaples, Archbishoprics, Nota. Bishoprics, and other Religious or Ecclesiastical houses or places, or of any of them within this Realm, or the Dominions of the same, by such Laws and Statutes as were in force before the first day of this present Parliament, and by other lawful conveyance to them thereof made. That it may be therefore enacted by the authority of this present Parliament, that as well your Majesty our Sovereign Lady, your heirs and successors, Nota. as also all and every other person and persons, bodies politic and corporate, their heirs, successors and assigns, now having, or that hereafter shall have, hold, or enjoy any of the scites of the said late Monasteries, and other the Religious or Ecclesiastical houses or places, and all the said Manors, Graunges, Messages, Lands, Tenements, Tithes, Pentions, Portions, Glibe-lands, Advousons', Nominations, Patronages, Annuities, Rents, Revertions, Services, Hundreds, Wapentakes, Liberties, Franchises, Profits, Commodities, and other the possessions and hereditaments of the said late Monasteries, Abbeys, Priories, Nunneries, commands, Deaneries, Colleges, prebend's, Hospitals, houses of Friars, Rectories, Vicariges, Chauntries, Churches, Chapels, Archbishoprics, Bishoprics, and other Religious and Ecclesiastical houses and places, or any of them, of what name, nature or kind soever they be, shall have, hold, possede, retain, keep and enjoy, all and every the said Scites, Nota Manuors, Graunges, Messages, Lands, Tenements, Possessions, Profits, Commodities and other Hereditaments, according to such Interests and Estates, as they and every of them now have or hold, or hereafter shall have or hold of and in the same, by due order and course of the laws and Statutes of this Realm, which now be, or were standing in force before the first day of this present Parliament, in manner and form as they should have done if this Act had never been had ●e made: This Act, or any thing herein contained to the contrary, in any wise notwithstanding. Saving to you our said Sovereign Lady, your heirs and successors, and every of them, and to all and every other person and persons, Subjects of this Realm, and bodies politic and corporate, and to their heirs and successors, and to the heirs and successors of all and every of them, other than such whose right, title or interest is bounded or taken away, undone, or extinct by any Act of Parliament heretofore made, or otherwise, all such right, title, claim, possession, interests, rents, annuities, commodities, commons, offices, fees, leases, liveries, livings, pentions, portions, debts, duties, and other profits, which they or any of them lawfully have, or of right aught to have, or might have had, in, of, or to any of the premises, or in, of, or to any part or parcel thereof, in such like manner, form and condition, to all intents, respects, constructions and purposes, as if this Act had never been had he made. And that it may be further enacted by authority aforesaid, that all and every Article, Clause, Sentence and Proviso, contained or specified in any Act or Acts of Parliament, concerning or touching the assurance or conveyance of any the said Monasteries, Priories, Nunnery, commands, Deaneries, prebend's, Colleges, Chantries, Hospitals, houses of Friars, Rectories, Vicariges, Churches, Nota. Chaples, Archbishoprics, Bishoprics, and other Religious and Ecclesiastical houses and places, or any of them, in any wise concerning any Manors, Lands, Tenements, Profits, Commodities, Hereditaments, or other the things before specified, to the said King Henry the 8th. or King Edward the 6th. or either of them, or any other person or persons, or body politic or corporate, and every of them, and all and every Writing, Deed and Instrument, concerning the assurance of any the same, shall stand, remain, and be in as good force, effect and strength, and shall be pleaded and taken advantage of, to all intents, constructions and purposes, as the same should, might or could have been by the Laws and Statutes of this Realm, in case this present Act had never been had ne made. And that all Feostaments, Fines, Surrenders, Forfeitures, Assurances, Conveyances, Estates and Interests, in any wise conveyed, had or made to our said late Sovereign Lord King Henry the 8th. or to our said late Sovereign Lord King Edward the 6th. or either of them, or to any other person or persons, bodies politic or corporate, or to any of them, by Deed or Deeds, Act or Acts of Parliament, or otherwise, of any of the Cites, Manors, Lands, Tenements, Possessions, Profits, Commodities or Hereditaments, of any of the said Archbishoprics, Bishoprics, late Monasteries, Priories, Nunneries, commands, Deaneries, houses of Friars, Colleges, Chantries, Hospitals, prebend's, free Chaples, or of any Manors, Lands, Tenements, Revertions, Services, Tithes, Pensions, Portions, Annuities, or of any other Hereditaments, of, by or from any Ecclesiastical or Spiritual person or persons, or by or from any Spiritual or Ecclesiastical corporation, or body politic, shall be as good and available in the Law, to all Intents, Constructions and Purposes, as they were by the Laws and Statutes of this Realm, standing in force before the first day of this present Parliament: And that the same may and shall be pleaded, alleged, and taken advantage of, in such sort, and to such effect: as they should, could or might have been by the Laws and Statutes of this Realm, standing in force before the said first day of this present Parliament: And that all and every Clause and Article of saving, contained in all and every the said Acts and Statutes, shall stand, remain and be in such force, strength and effect, as they were before the said first day of this present Parliament; any thing contained in this present Act to the contrary in any wise notwithstanding. And that it may be in like manner enacted by authority aforesaid, that whosoever shall by any process obtained out of any Ecclesiastical Court within this Realm, or without, or by pretence of any Spiritual Jurisdiction, or otherwise, contrary to the Laws of this Realm, inquiet or molest any person or persons, or body politic, for any of the said Manors, Lands, Tenements, Hereditaments, or things above specified, contrary to the words, sentences and meaning of this Act, shall incur the danger of the Act of Fraemunire, made in the 16. year of King Richard the 2d. and shall suffer and incur the forfeitures and pains contained in the same. To which Act I shall annex Pope julius his Letters and Reasons sent to Queen Mary Anno 1554. for the granting of the forecited Dispensation, which occasioned this Statute. Dr. Hackwells Answer to Carrier, p. 249, 250. Dr. Burges his No Sacrilege nor Sin to alienate o● purchase Cathedral Lands, p. 52, 53, 54. That all such as by just Title according to the Laws or Statutes of this Realm, for the time being, have any Possessions, Lands or Tenements lately belonging to Monasteries, Priories, Bishoprics, Colleges, Chantries, Obits, etc. whether they have purchased them for their money, or are come to possess them by gift, grant, exchange, or by any other legal means whatsoever, may retain and keep the same in their Possessions, and have the same ratified and established unto them by the confirmation and dispensation of the Sea Apostolic. Causes and Reasons why such Dispensations may be justly granted with honour and conscience. 1. The State of the Crown of this Kingdom cannot well be sustained to govern and rule with honour, if such Possessions be taken from it: Note. for at this day, the greatest part of the Possessions of the Crown, consisteth of such Lands and Possessions. 2. Very many men have with their moneys bought and purchased great portions of those Lands, from the most Excellent Kings, Henry the VIII. and Edward the VI who, by their Letters Patents have warranted the same: of which Lands and Possessions, if the Owners should now be dispossessed, the King should be bound to repay unto them all their money; which would arise to such an huge Mass, that it would be a very hard matter for the Crown to restore it. 3. The Nobles and Gentry of this Realm, most of whom have sold and alienated their ancient inheritances, to buy these new, cannot live according to their degrees, if these Possessions should be taken from them. 4. The Purchasers, or Owners of such Lands and Possessions, in as much as they came to them by * The Henchers and lawyers of both Temples and Lincolns-Inne must hold so as well as other Purchasers. just Title, according to the Ordinance of the Kings of this Kingdom, have held and do still hold a good and justifiable course in obtaining of them. 5. The enjoying of such Lands and Possessions, is so common unto every state and condition of Men, Cities, Colleges, and Incorporations, that if the same be taken from them, Nota. there will necessarily follow thereupon throughout the Kingdom, a sudden change and confusion of all Orders and Degrees. 6. Seeing the Goods and Possessions of the Church, even by the authority of the Canon Laws, may be aliened for the redemption of Captives, and that the same may be done by that Church only, to whom such Possessions do belong: It is fit and reasonable that such Dispensations should be granted for continuing of possession already gotten, for so great a good of public concord * Mark this well. , and unity of the Church, and preservation of this State, as well in body as in soul. The consideration of this Statute, Letter and Reasons of the Pope himself, and our Popish Prelates, Clergy in Queen Mary's days, may persuade our present Prelates and Cathedral men to the like Moderation, Candour and Ingenuity, for the satisfaction of the King, Parliament, Purchasers, and preservation of the Kingdoms, Church's Tranquillity now and hereafter. Finally, because there is now an extraordinary great clamour against Sacrilege in most Pulpits, new Pamphlets, and in the Commons House itself, by many who understand not truly and thoroughly what Sacrilege is, I shall for a close of this Appendix inform them. 1. That the word Sacrilege (〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉) is only once and no more used in sacred writ, Rom. 2. 22. What the Apostle there means by committing Sacrilege, and what this Sin should be, both old and new Expositors do very much disagree. I shall render them an account of 10. several opinions of Expositors concerning it, who comment on this Text; neither of them suiting with that which now alone is declamed against as the sole and only Sacrilege. 1. * See Dr. Wil●ets sixfold Commentary on Rom. 2. qu. 39 Origen, Ambrose, and some others interpret Sacrilege, The jews violating of Christ the true Temple of God, by crucifying him with their sins, stealing him out of the Scripture, and denying Christ, MAGNO SACRILEGIO. 2ly. Chysostome, Theodulus, Theophylact, Peter Martyr, & Dr. Willet expound it to be, the jews sparing of Idols, and using of things consecrated to idolatry, out of covetousness, to their own private commodity, which by the Law of God they should have destroyed; which Calvin and Gualther mislike not. And Peter Martyr thence infers, Potest quidem Respublica & Magistratus noster, ea quae superstitiosa sunt auferre, et corum pretia in usus pios et bonos convertere, without any Sacrilege. 3ly. Gorhan defines this Sacrilege to be, the giving of divine worship unto Idols. 4ly. Calvin and Piscator expound it to be, the contempt of the Divine Majesty. 5ly. Haymo informs us, that Spiritual, sacrilege, est sacrorum verborum prevaricatio; the prevarication of God's word: but according to the Letter he defines it, Sacrarum rerum surtum: verbi gratia: Quisquis de the sauro Ecclesiae, vel de substantia Dei familiarium aliquid occulte abstrahit, Sacrilegium perpetrat; which extends only to Goods, not Lands, with whom Lyranus, the Syriack interpretation, & some Popish Commentators' accord. 6ly. Peter Martyr, and Lucas Osiander interpret it to be, the buying and selling of the Priest's Office, Orders, Benefices, Bishoprics, as many have done, and still do, who are really guilty of Sacrilege as well as Simony. 7ly. Paraeus and others expound it, of polluting God's Service with jewish and humane inventions. 8ly. Grynaeus understands it, of arrogating to their own merits, that which was peculiar to the grace of God. 9ly. Peter Martyr, applies it to Fly his Sons, and such other Priests who violently took away and appropriated to themselves the things offered and consecrated unto God. 10ly. Primasius Bishop of Utica in afric, (St. Augustine Disciple flourishing in the year 440.) in his Commentary on this Text resolves, * The very Heathens deemed this Sacrilege, not to worship their Gods. Deos inquitis, non colitis, & pro Imperatoribus sacrificia non impenditis. SACRILEGIUMEST QUOD PROPRIE IN DEUM COMMITTITUR, QVASI VIOLATIO, VEL PRAEVARICATIO MANDATORUM, Adding that the Apostle in the next words, Per praevaricationem legis Deum inhonoras; EXPOSVIT SACRILEGIUM: Rhemigius and Haym● concur in substance with him. And indeed this definition of Sacrilege, that it is the breach or violation of the sacred law of God, is most agreeable to the Apostles meaning and proper etymology of the word. Hence Laurentius de Pinue a great Canonist, Iraque Sacrilegu, & Majestatis rei invenimur. and Angelus de Clavafio in his Summa Angelica, Sacrilegium, derive and define Sacrilegium, quasi Sacrae legis lesio, a more proper etymology, than that of Innocentius the Pope, quasi Sacriledium. Now none of all these ancient or modern Expositors, Tertul. Apolog. adv. Gentes, & ad Scapul. define Sacrilege, to be a taking away, alienating, or selling the Lands of Bishops, Deans, Abbots, Priors, Cathedrals, Covents, or Chapters, never intended by the Apostle in those primitive times of the Gospel, when the Apostles themselves, and Evangelical Bishops in and immediately after their Age, had neither Silver nor Gold, nor Temporal Lands or Possessions, to take away, plunder, steal or alienate, as is evident by Acts 3. 5, 6. c. 4: 34, 35, 37. 1 Cor. 4. 11, 12. 2 Cor. 6. 10. and other Texts, though now decried in Press and Pulpit as the only Sacrilege: when none of these other kinds of real Sacrilege are once writ or preached against by them under the name or crime of Sacrilege; which savours more of Passion than Devotion, of Avarice than Prudence, of Calumny than Verity, of Self-interest than Christ's interest. On whom we may retort that of * Ad sc●pulam, lib. & Apolog. adv. Gentes. Tertullian, in defence of the primitive Christians against the Pagans, who reputed them sacrilegious for not adoring their Idols. Tantum nos quos Sacrilegos existimatis nec in facto unquam deprebendistis, nec in sacrilegio. Omnes autem qui templa despoliant, & per Deos jurant, & eosdem colunt, & Christiani non sunt, & Sacrilegi tamen deprehenduntur. But how are they found to be such? to wit, by their sacrilegious crucifying and dishonouring Christ through their sins, by wresting the Scriptures, breaking the sacred Law of Christ, by contempt of his divine Majesty, by polluting God's worship with humane inventions, innovations, superstitions, by buying and selling of Orders, Benefices, Bishoprics and Ecclesiastical Preferments, and by mispending the Temporal Revenues of the Church upon their own Pomp, Luxury, Children, Wives, Kindred; which in [a] Bernard super 〈◊〉 Se●no. ●3. Time●n● Epicopi 〈…〉 & Minestis v● eclesia, qui in ●c●tu Sanctorum qua● pesisdent●●m ●niqua gerunt, ut stipondus quae sufficerè coberet mini●● contenti, superflus quibus egi●● sustrutendi foro●●, Imple Sacriligoque sibi retineant, & in 'sfoot 〈◊〉 superb●a & 〈…〉: ●●ploci pros●●●o ●●quitate p●c●ante●●, quod & a●ena dirip●unt, & sicris in sais vanitaribus & turpitudi●ibus abutuntur. Bernard de Consideratione, l. ●. O m●●●randa● spons●●●●alibus 〈◊〉 Pa●anymphr●, qui assignata 〈…〉 proprio ●●tine. ●o quos●●s ●●u ●e●centur. St. Bernard's judgement is not only SACRILEGE, but likewise A DOUBLE INIQUITY; which should cause them both to fear and tremble. 2ly. That the Popish [b] Petr●● Lombar●us, Sent. l. ●. dist. ●7. Aquinas ●. ●. cue, 89 Alexand. All●●sit, Serem. Theolog. T●●. 2. qu. 1ST. Bonaventura in 3. Sent. ●est. 17. dub. 7. and other Schoolmen i● this distinction. Schoolmen and Canonists themselves define Sacrilege formally and properly, to be a quite other manner of sin than it is now reputed. Formaliter & proprie, Sacrilegium est illud peccatum, quod persona sacra agit contra ejus Sanctitatem directè: That is, Sacrilege is that sin which a sacred person commits directly against his Consecration. As if a Bishop, Minister, Monk, Nun, (not Lay man) Clergy man, commits Adultery, Fornication, Drunkenness, or any other sin whereby he pollutes his soul or body, which are the Temple of God and the holy Ghost, and Members of Christ, to the dishonour of his holy function, and that Christian Religion and holiness he professeth. Whence they resolve, Omne peccatum quod committet persona Ecclesiastica, matet raliter & quasi per accidens decitur Sacrilegium: c 〈◊〉 Angelica, Tit. Sacrile●●●r, Hostien●●a Summal. 5. De Crimine Sacrilegii, f. ●43. unde dicit Hieronimus; Nugae●n ore Sucerdotis sunt Sacrilegium. Hence Chrysologus Serm. 26. thus determines. Ebrietas in alio crimen, in Sacerdote * How many Drunken Priests are now guilty of Sacrilege? Sacrilegium, quia alter animam suam necat vinc, Sacerdos spiritum sanc●itatis extinguit. Salvian de Providentia l. 8. and [d] Bochellus Decreta Eccles. Gal. l. ●. Tit. 61. p. 1308. Bochelius, Sacrilegii genus est Dei odisse Cultores. And Pope Innocentius, cited by Alexander Alensis, Sum. Theolog. Tom. 2. quest. 171. m. 1. Quid sit Sacrilegium, resolves, committunt Sacrilegium qui contra divinae legis sanciitatem, aut nesciendo committunt, aut negligendo violant & offendunt: which Alensis acknowledgeth likewise to be Sacrilege. And in verity the Scripture itself resolves nothing else to be properly Sacrilege under the Gospel, but the violation of the sacred Law of God, by Bishops, Ministers or Christians, and polluting, profaning their souls and bodies (which are or should be spiritual Temples of God, and Members of Jesus Christ) with gross and scandalous Sins, as is evident by Rom. 2. 22, 23, 24. Thou that sayest a man should not commit adultery, dost thou commit adultery? thou that abhorrest Idols, dost thou commit SACRILEGE? Thou that makest thy boast of the Law, through breaking the Law dishonourest thou God? For the name of God is blasphemed among the Gentiles, through you. Compared with the 1 Cor. 3. 16, 17. chap. 6. 15, 16, 17, 18, 19, 20. Know ye not that ye are the Temple of God, and that the spirit of God dwelleth in you? If any man defile (or destroy) the Temple of God, him will God destroy, for the Temple of God is holy, which Temple ye are. Know ye not that your bodies are the Members of Christ? shall I then take the Members of Christ, and make them the Members of an Harlot? God forbid. What, know ye not that he which is joined to an Harlot is one body? for two (saith he) shall be one flesh. But he that is joined unto the Lord is one Spirit. Flee Fornication: he that committeth Fornication, sinneth against his own body. What, know ye not that your body is the Temple of the Holy Ghost which is in you, which ye have of God, and ye are not your own? For ye are bought with a price: therefore glorify God in your body and in your spirit, which are Gods. Since then every violation of God's sacred Law, and pollution of our souls and bodies, by Fornication, Drunkenness, and other scandalous sins, is the only formal and proper sin of Sacrilege, by the resolution of Canonists, Casuists, Schoolmen, Fathers, and God himself in the Gospel. And if as [g] In Rom. 2. and 1 Cor. 11. St. jerom, Bernard [h] Summa Theologiae pars 2. qu. 171. in 1. p. 7●0. Alensis, & others determine, those Bishops and Church men, Sacrilegium profecto committu●●, do verily commit Sacrilege, who take the Revenues and Lands of the Church, first given in Frankalmoigne, to feed and relieve the poor and pervert them to support their own Pomp, Luxury, Avarice, or to enrich themselves, their Children, Kindred or Posterities; I wonder our Bishops and Cathedral men, are so mute in declaiming, preaching, printing against these real Sacrileges in themselves, and so Clamorous only against that which really is no Sacrilege in others. 3ly. The [i] 〈…〉 Angelica. Summa R●sella, A●●●. In. S●●ti●gi in Gl●s●n ●●atian C●us 17. qu 4. Canonists and [k] Petrus ●●nla●●es Sert l. 3 destinct ●7. B●naventu●●, AEg●dius Bruliter and others in 3. Sent. 〈◊〉 37 A●u●ans se●unda secundae, qu. ●●. Alex Alensis Summa Theol. pars 2. q. 171. in. 1. Schoolmen do generally define Sacrilege to be committed 3. manner of ways. 1. Ratione personae, as if any Layman lay violent hands upon, hurt, wound, strike or abuse any Ecclesiastical or Religious person (and why not likewise upon any King, or pious Christian, if Psal. 105. 14, 15. Zech. 2. 8. be Canonical, on whom Popes, Prelates can lay violent hands, dethrone, murder, without any Sacrilege?) 2ly. Ratione loci, as when any [l] Mensis, Sum Theol. pars 2. q. 171. m. 3. Sacrilegium, est contra immunitatem Ecclesiae extrahere aliquem per vim, cum confugit ad sa●sidium Ecclesiae in periculo. Civil Magistrate or other Officer takes a Thief, Murderer, Traitor, Rebel, Fugitive, Malefactor, or person indebted, out of a Church, Chappel, Churchyard, Monastery, or other Sanctuary, consecrated by a Bishop, by force, without or against the Bishops, Abbots, Ordinaries or Parson's consent, (and why not as well out of any Tenement, Glibe, House, or other Lands belonging to Bishops or Churchmen, or out of any Hospitals, Colleges, Schools, dedicated to pious uses?) 3ly. Ratione rei, which is threefold. 1. Auferendo sacrum de sacro, by taking a sacred thing out of a sacred place, as consecrated Priests, Nuns, Vessels, Vestments, Utensils, Ornaments, out of a consecrated Church, Chaple, Sanctuary or Churchyard. 2ly. Auferendo n●n sacrum de sacro, by taking things not consecrated, as Money, Plate, Goods, Armour, Ammunition, Cattle, hid or laid up in Churches, Chaples, Church yards, Monasteries, Sanctuaries or Malefactors out of them, or taking away any Goods, moneys, Chattles from Church men or Religious persons. 3ly. Auferendo sacrum de non sacro, by taking any Person or things consecrated by a Bishop out of a profane place though a Brothel, * See Onus Ecclesia john B●le his Acts of English V●●o●●●, de Continentia Gravamin● Germaniae. Balaeus de Vitis Pontificum. Tavern, Alehouse, Inue, which consecrated Prelates, Priests, Monks, overmuch freequented of late and [m] Gal. Nubrigenses. Hist. l. 10 Mat Paris p. 365, 366● 374 375 83●, ●● 834. Mat. West. An. ●2●. p. 132, 133. 134. An. ●233. p. 141. Wasingh. H●●●. Angl. p. 210, 217, 218. Haps Chron. ● 8, 9, 10 8●. Speeds Hist. 503, 504, 606, 60●. Holinshed, p. 420. 2●5. ●●5. Am. Eccl. B●●●. p. 1●8, 263, sword 258, 2●●. former times, as well in England, as in foreign parts. Now all these Sacrileges as they have no real ground or foundation in God's word, tending only to secure the persons, goods of Prelates, Church men, and other Ecclesiastical persons, and all kinds of Traitors, Malefactors, Debtors, Bankrupts, Cheats, flying unto them and their Churches for Sanctuary, and hiding their Goods within their precincts, to protect them from the Kings and Civil Magistrates power, Laws, Officers, Executions, as our own [n] See 〈◊〉 D●●ret Eccles. Gal l. 8. Tit. 61. Histories, Statutes and Law-books resolve, in the several cases of Thomas B●cket Archbishop of Canterbury, Hubert de Burgo Earl of Kent, john Sa●age, and sundry others, (See 50 E. 3. c. 6. 2 R. 2. c. 3. 21 H. 8. c. 2, 7.4 H 8. c. 2. 26 H 8. c. 13. 28 H. 8. c. 7, 13. 32 H. 8. c. 12, 15. 2 E. 6 c. 2, 13. 1 and 2 Philip and Mary c. 4. 1 Marry c. 6. 5 Eliz. c. 10, 14, 19, 20. 13 Eliz. c. 7. 14 Eliz. c. 5. 18● Eliz. c. 3. Kelway f. 91, 188, 190, 1 H. 7, 10, 23, 29. Stamford l. 2. c. 38, 39 Brook, and Ash Title Sanctuary.) So the bare alienation or ablation of Bishops, Abbots and Cathedral men's Lands, by our Kings, Parliaments, or Clergy men themselves, fall neither within the words, nor intention of any of these Sacrileges, extending only to [o] Sum. l. 5. De Sacrilegi●. joannis T●ier●. & the Glisse in Gratian ●aus. 17 sacred persons Goods and Chattels, not to the sale of Manors, Land●, Tenements Rents, Temporalties of Churchmen, which is no Sacrilege, either within the Canonists or schoolmen's definition or division of Sacrilege. 4ly. That [p] 〈…〉 Aut 〈…〉, ut Sacril●●●●● Hostiensis and other Canonists cited by him, inform us, That whoever doth any injury to Ecclesiastical persons, commits Sacrilege; and not only so, but that it is Sacrilege for any man to question or dispute the Judgement or Decrees of the P●pe, or to transgress, disrespect any public Laws, not to yield due reverence to the Popes or Bishop's Canons, to violate an Holiday, to employ a Jew in any Office, or to oppress any pious Place or Hospital under the Patronage or Protection of the Church. But these things I presume our Bishops and Cathedral men themselves, will ingenuously confess to be no Sacrilege at all, notwithstanding the Popish Canonists and School men's resolutions. And by like reason the Kings or Parliaments alienation or ablation of their supefluous or abused Churchland, Temporalties, must prove no real Sacrilege, though some Popes, Popish Canonists and Schoolmen, have concluded it to be so. 5ly. That [q] Summ● Theol. pa●● 2 pa. 1●1. 〈◊〉 p ●●1. Alexander Alensis and others resolve, That it is Sacrilege for any Lay-Men, with their Families, Cattle and Goods, to be received, or enter into Churches, Chaples or Churchyards, or to eat, drink and lodge in them, in times of Peace: But if they do it in times of War and Necessity, to preserve themselves against the Enemies, in cases of eminent danger, (as they did frequently during the * 〈◊〉 Historia. Danish and Norman Invasions, and during our Civil Wars) than it is no Sacrilege at all: Vbi est hujusmodi necessitas non est Sacrilegium. If then the case of eminent danger, necessity and War will make that to be no Sacrilege in this case, which otherwise would have been Sacrilege; Then by the selfsame reason, [r] See Bernardus ●●●terius. de Potestate seculo●i super Eccle suit. Gratius de turi Bettel. 3. c. 10. the Kings or Parliaments ablations, sales of the Lands of Bishops, Deans, Chapters, Abbots, Priors in times of War and public Necessity, to defray the vast debts and expenses of the Kingdom, will prove to be no Sacrilege at all, by the definition of Popish Schoolmen of old, yea of some late [s] Alphonsus de Vargas, Relat. de Strategem. jesuitarum, An. 1641. cap. 40. to 56. jesuits both in Germany and Spain, as well as of john Wickliff, john Hus, and other forecited Protestant Divines and Martyrs, concurring in Judgement with them. FINIS. ERRATA at the P●es●e. 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