THE ASSURANCE OF ABBEY AND OTHER Church-Lands IN ENGLAND To the POSSESSORS, Cleared from the DOUBTS and ARGUMENTS Raised about the Danger of RESUMPTION. In Answer to a Letter of a Person of Quality. By Nathaniel Johnston, Dr. of Physic, Fellow of the Royal College of Physicians in London. Published by His Majesty's Command. LONDON, Printed by Henry Hills, Printer to the King's Most Excellent Majesty, for his Household and Chapel; An● are to be sold at his Printing-house on the Di●ch-side in Blackfriars. 1687. THE PREFACE. FEars and Jealousies are of all other Passions the most difficult to be subdued, and where they are personated only, for accomplishing some Sinister end, they are not to be removed by Arguments: Since they who are once Possessed with them, never yield till they despair of attaining, or effecting the ends they aim at. All that I can hope to perform by this Treatise, is to give satisfaction to those who are scrupulous in good earnest, and by the perusing of Partial Authors dread the loss of their Church-lands, and the diminishing their Estates thereby. To such only I direct this Discourse; and can further tell them, that their Fears are wholly Groundless; since His Majesty by His Special Command appointed the Author to compose this for the Quieting the minds of His Interessed Subjects, Publishing to them the Full Assurance of their Possessions by the Canon, Civil and Municipal Laws, which to all considerate Persons, it is hoped, will be sufficient satisfaction. I must own the Subject is of that moment, that it deserved to have been Treated of by an abler Pen, and one better skilled in the Laws: But I have endeavoured, with a sincerity becoming one that hates Imposing, to clear both matter of Law and Fact. THE TABLE. Sect. 1. THe Arguments against the Alienation of Church-Lands, pag. 4. Sect. 2. What kind of Alienations have been allowed by the Canons and Constitutions of the Church. p. 14. Sect. 3. Several instances of Alienations of Ecclesiastical Revenues from the Churches, or Religious Houses, they were at their first Dedication conferred on in ancient times. p. 22. Sect. 4. Several Instances of particular Alienations of Church-Lands more modern in England p. 32. Sect. 5. Instances of Alienations of Church-Lands in Foreign Coantreys in the Roman Catholic Communion. p. 53. Sect. 6. Concerning the Alienations of Church-Lands in Germany, and, the Establishment of a Toleration of Religion there, by the Treaties of Munster and Osnaburgh. p. 64. Sect. 7. Whether Cardinal Pool's confirmation of Church Lands to the Possessors, was delusory, or not. p. 90. Sect. 8 Cardinal Pool's confirmation of Abby-Lands to the present Possessors, and the Act thereupon. p. 131. Sect. 9 The Exceptions against this Assurance of Abby-Lands to the Possessors, That it was not confirmed by Pope Paul IU. fully answered. p. 170. Sect. 10. The Application of what hath been offered towards the Assurance of Abby-Lands to the present Possessors. p. 193. The Assurance of Abby-Lands IN ENGLAND, Cleared from the doubts and Arguments raised about the danger of Resumption. In Answer to a Letter of a Person of Quality. SIR, The occasion of the treating of the security of Abbey Lands. YOU have obliged me very much, in the Present you made me of the late Treatise, entitled, How the Members of the Church of England ought to behave themselves under a Roman Catholic King; And have greatly pleased me in the remarks you have made upon it; which in the General are enough, in that you say, it deserves consideration, as much as any Book writ on that Subject, since the Kings Succeeding to the Crown; and that either directly, or by consequence you think as much is said as the matter will bear; and you wish it were so considered as it ought to be; for you verily believe, that the want of weighing the Reason's there laid down, hath occasioned most of those non-compliances with the King's desires, which have been so fatal to some, and may yet be to more, that will not see, how much it is the Interest of all Subjects to endeavour with great obedience, to comport themselves to their Sovereign in all the Duties of Allegiance, and to one another as fellow-Subjects, that thereby the Civil Harmony amongst themselves, may produce those effects, so wise a King, and so sedulous for his People's happiness, studies to accomplish. You tell me, that a further satisfaction in some particulars you think requisite; and since the Author is unknown to you, and having some confidence I will deal candidly with you, you desire my Judgement in some scruples: In obedience to which I here send you my thoughts, and shall not insert your Letter entire, but in parcels, for the advantage of fitting my Answer more satisfactorily to your Objections, which as they are such as may shock some deserve a serious reply to, especially since his Majesty is desirous his Subjects should be satisfied in this particular. SECT. I. The Arguments against the Alienation of Church-Lands. § 1. The necessity of clearing the doubts about the security of Abby-Lands. IN the First Part of the Letter you tell me, that you conceive, that the Author of the foresaid Discourse hath too slightly passed over the security of Abby-Lands, and other Religious Possessions, whereof the Roman Catholic Regulars were violently disseized in King Henry the 8th. and King Edward the 6th. time. Whereas you Judge the consideration of the danger of their Resumption, as weighty a Reason as any other, why persons of Interest and Fortune oppose the Repeal of the Test and Penal Laws; lest by yielding a Parliamentary consent to those, the Roman Catholic Religion should with greater facility be propagated; which once effected, you conceive great endeavours would be used, to procure a Restitution of those Lands to the Religious. Upon this Head you re-mind me what Sir Henry Spelman hath writ in his small, but Learned Treatise, De non Temerandis Ecclesiis: the force of whose Arguments were such, as they have prevailed with several persons to restore their Impropriations to their respective Parochial Churches. Yet you own that the Subjects (both Roman Catholics and Protestants) seemed to entertain a firm Opinion of the Legal Security of them, till (a) Part 2. fol. 297. Dr. Burnet in his History of the Reformation, and the Author (b) Printed for Rich. Baldwin. 1685. of a Letter to him, giving him an Account of Cardinal Pool's secret Powers, endeavoured to make it appear, that the Pope neither did, nor intended to confirm the Alienation of Abby-Lands, and thereby have raised new doubts in men's minds and in this present juncture of affairs their Arguments are made great use of, to affright people from yielding any compliance to the King's desire. Some Canons against Alienation of Church-Revenues. To enforce this, you not only press me with the Decretal of (c) 12. q. 2. Non lic●at Papae. Pope Symmachus, inserted in the foresaid Letter, but urge the Decretal Epistle of (d) Binnii Concil. Tom. 1. fol. 156. c. 2. D. Omnes tales praesumptores, & Ecclesiae raptoresatque suarum facultatum Alienatores, a liminibus sanctae matris Ecclesiae Anathematizatos Apostolica Authoritate pellimus & denunciamus atque Sacrilegos esse judicamus, & non solum eos sed omnes consentientes eyes. Pope Lucius, who lived about the year 253; where the Pope speaking of those who vexed the Bishops of France and Spain, about the Possessions of their Churches, and the Offerings of the Faithful, saith, That according to the Examples of the Prophets and Apostles and their Successors, and all the Catholic Fathers, this was adjudged Sacrilege. Therefore the Pope, following the said Examples, expels all Foretakers, Robbers of the Church, and Alienators of their Profits, from the Threshold of the Holy Mother Church by Apostolic authority, excommunicates them, Condemns them, and judgeth them Sacrilegious; and not only those who deprived the Bishops and their Churches of the offerings, but all such as consented to them. So in the 2d (e) Qua Divinis sunt Assignata usibus, ad humanos usus sine Sacrilegio, non posse transferri, Idem f. 83. Epistle of Pope Pius I. An. 155. it is expressed, That those things which are assigned to Pious Uses, cannot be transferred to Human Uses, without Sacrilege.— And so he order such to be esteemed and judged. In the Council of (f) Concilium Agathense. Id. to. 3. fol. 712. Col. 1. c. ●. Agatha, in the time of P. Symmachus about Anno 506, cap. 1. n. 7. it is thus decreed, Casellas vel mancipiola Ecclesiae (sicut prisca Canonum praecipit Authoritas) vel vasa ministerii, quasi commendata fideli praeposito, in Integro Ecclesiae Jure possideant: Ideoque ut neque vendere, neque per quoscunque contractus, res unde pauperes vivunt, alienare praesument. Which is to be rendered thus: That the Churches in full right possess the Houses and Farms, and the Vessels of Use in the Holy Offices, as commended to a faithful Steward, (as the ancient Authority of the Canon's command) so as none presume to sell, or by any contracts alienate those things on which the poor live. So in the (g) Indign enim ad Altare Dei properare permittitur quires Ecclesiasticas audet invadere, etc. sixth Synod under the same Pope, in the time of Theodoric the King, it is thus expressed: He is unworthily permitted to approach the Altar of God, that dare invade Ecclesiastic Goods, or unjustly, that is, without the Bishop's Licence, possess them, or wickedly or unjustly persist in the defence of such possession. And further it is declared, That such are to be judged Murderers of the Poor, and if they amend not the fault, are to be Excommunicated. In the third Council of (h) Haec Synodus nulli Episcoporum licentiam tribuit, res alienare Ecclesiae, quoniam & Antiquioribus Canonibus prohibetur. Idem Tom. 4. fol. 503. Toledo it is decreed, That no Bishop have Power or Licence to alienate the Goods of the Church, because by ancient Canons it is forbid. So in the Decretals, 12. q. 2. Pope Stephen I. or, as the lesser Gloss, Pope Anaclet I. decrees, That he shall be reputed a Manslayer that takes away, defrauds, or robs the Moneys, i.e. any Profits of Christ and the Church; for which Ivo may be consulted, p. 3. c. 18. You further urge the seventh Synod (i) Si quis Episcopus, vel Monasterii Praefectus inventus fuerit, ex Episcopatus, vel Monasterii Agris, in Principis alicujus manus alienare, vel alteri personae tradere, nullius sit momenti Traditio. Idem Tom. 6. fol. 124. of Nice, under Constantine and Irene, wherein it is thus decreed; That if any Bishop or Superior of a Monastery be found to alienate into the hands of any Prince, or deliver to another person, th● Lands of the Bishopric or Monastery, such Alienation shall be of no force. You refer me also to the Council of Milden (k) Idem Tom. 6. fol. 410 C. D. under ●ope Sergius II. wherein the Decree is in these words: Quapropter secundum Statuta Canonum, ab omni Ecclesiastica Communione, ut Sacrilegus, debet Arceri; si quis quod Venerabilibus locis relinquitur, vel pravae voluntatis studiis, suis tentaverit compendiis retinere. Which I translate thus; Wherefore, according to the Statute of the Canons, if any, by the study of a depraved will, attempt to restrain that to his own use, which is bestowed on Venerable places, viz. Churches, Monasteries, etc. he ought to be driven from Ecclesiastical Communion, as a Sacrilegious person. The last thing you urge, is, That I will peruse the Collection of the Decrees of Councils, (l) 12. q. 2 pertotum and Epistles of the Popes, against Alienations of Lands or Goods, once given to the Church, in the Canon-Law. I know you expect a very positive Answer to these Canons, which you think bind all that are or shall be in Communion of the Church of Rome; and, with the Author of the Letter to (m) p. 11. Dr. Burnet, are ready to say, That a man may as well be a Papist and not believe Transubstantiation, nor worship the Host; as be one, and still enjoy Church-Lands; and that no Confessor that understands the Principles of his own Religion, can give Absolution to such as are involved in that Gild, without Restitution. This is the sum of the Charge; and I shall own, that it is Incumbent upon the Governors of the Church to secure; by Canons and Constitutions, the rights of it, both as to Jurisdiction and Patrimony. The like we find enacted in our own Kingdom, since the Reformation (n) Parson's Law, p. 26. 1 and 13 Eliz. and 1 and 3 Jac. 1. Whereby Bishops and all other Ecclesiastical persons are restrained to Alien or discontinue any of their Ecclesiastical Lands or Live, and if they convey or Alien any of their Lands or Possessions, altho' it be to the (o) Coke Reports Magdalin Col. case. King's Majesty himself, is void in Law. All that I shall therefore endeavour to clear, is, that in some cases, even by other Canons, the dispensation with the Rigour of those you mention, are allowed, and that several Popes by the plenitude of their Power have dispensed with them. I had Collected out of Mr. Selden, and others, a large account; how in the Primitive times, according to the Authority of (p) Apolo. cap. 39 and 42. Tertullian and St. (q) Ep. 266. you may see for these Syn. Gang. Can. 66. Selden Hist. 83, 84. Cyprian, who lived about An. 200 and 250 after our Saviour, that the maintenance of the Clergy was then by Monthly or frequenter Offerings, and the last Father compares them to the Roman Sportula. (r) Gelasii Dec. c. 27. Ivo Decree. part. 3. c. 115. Also, I had noted when Tithes began to be first Introduced, how the Founders of Churches Arbitrarily divided the portions of Tithes, betwixt the Incumbents and themselves. And lastly, the disputes whether Tithes could be appropriated to Monasteries: But considering how this would have swelled this Discourse, I have wholly laid them by. SECT. II. What kind of Alienations have been allowed by the Canons and Constitutions of the Church. Concerning the Decree of Pope Symmachus. I Shall therefore in the first place show you, in what cases Alienations of Church Lands are allowed, even by the Canons: And first, I shall note something concerning the Decree of Pope Symmachus, which the Author of the Letter to Dr. Burnet principally insists upon. A Synod was held at Rome under this Pope, and called (a) Binnius Tom. 3. Fol. 693. and 694. Palmaris, because celebrated in the Porch of the Church of St. Peter, called Palmaria. In this Synod, at the request of the Council, Symmachus caused to be Read by Hormisda the Deacon, the Constitution of Odoacer King of the Heruli, Published by Basilius his Praefectus Praetoriae. Wherein, under the Pain of Excommunication, he had forbid any to alienate the Goods of the Church. This was exploded by the Synod, because it was a Law of a Lay-person, concerning Church-affairs; especially, because no Laymen could appoint the Penalty of Excommunication. So Symmachus produceth his own Constitution, as it is in the Decretal, only the last clause (b) is very different in Binnius from what is in the Decretal: (a) Hujus autem constitutionis legem in Apostoli. â tantum volumus sede servari. In universis Ecclesiis per Provincias, secundum Animarum consid●rationem, quam proposito Religionis Convenire, Rectores eorum viderint, more servato. Ibid. For in the Council it is thus, That we will the Law of this Constitution only to be observed in the Apostolic See, in all the Churches of the Provinces, according to the consideration of Souls, the use and custom being observed, which the Rectors should see to be agreeable to the purport of Religion. But in the Decretal it is thus, (c) Quod non modo in Apostolica servandum est Ecclesiâ verumetiam universis Ecclesiis per Provincias quidem dicitur convenire 12. q. 2. non liceat Papae. This Canon is not only to be observed in the Apostolic Church, but is said to be convenient to be observed in all the Churches through the respective Provinces. By all which it appears, that it was the Pope's peculiar Constitution, made before, and approved of by the Synod; and extended only to the Suburbican Diocese of Rome, and was not universally obliging: which as well as other Reasons might induce (d) Simons History of Ecclesiastical Revenues. a late Learned Author to assert, that there was a time, when the Pope entered not into the cognizance of the Goods of the Churches, which depended not on his Diocese. I shall now show you some cases wherein Alienations are allowed, even by the Canons, so that you may confront these to the Canons produced by you. In the 16th. Canon of the 8th. Council, in the time of Hadrian (e) 12. q. 2. Ap●stolicos & paternos Canon's. the second Pope, it is declared, that the Holy Vessels may be Alienated for the Redemption of Captives, the like St. Gregory (f) Lib. 6. Ep. 15. seu. cap. 199. declares to Demetrius and Valerianus, Clerks of the Church of Firman concerning 10 l. given by Fabius the Bishop, of Money belonging to the Church, for the Redemption of them and their Father Passivus the Bishop, Alienations for Redemption of Captives. which they were afraid might be required to be repaid, and St. Gregory acquits them of it: You may say these Instances are only of Charities; Therefore I shall now show, that in all cases Alienations, (according to the (g) 12. q. 2. Alienatiores ●●●niu●i. Canon Law) appear to be valid, where the consent of the Clerks of the Church, to the Grant of the Bishop is obtained. Otherwise Pope Vrban had not Decreed, that Alienations of all, by Intrusions, or of those Canonically Elected by the Name of Bishop or Abbot, Alienations are valid, where the Bishop and Chapter or Abbot and Convent joins. (who ought to be Consecrated according to the Use of his Church) to be void, if made without the Common consent of the Clerks of the Church. By which it is manifest, that there had been no need of that exception, if such Alienation, with the consent of the said Clergy, had not been valid in Law. Which is more clear in the third Council (h) 12. q. 2. Abbatibus & Presbyteris. of Orleans C. 23. where the Canon expresseth, that it shall not be lawful, to Abbots, Presbyters, or other Ministers, to Alienate Ecclesiastical Goods, or things in Holy Ministry, nor Pawn them, without the Permission and Subscription of the Bishop, etc. So that it is evident that the Bishop, or Abbot with his Clerks, or Convents, may by Authority of their Constitutions Alienate both Church-Lands and Sacred Vessels. It further appears, that upon necessity, either the Bishop or his Clergy may Alienate the Lands, etc. of the Church: For in the Council of Carthage (i) 12. q 2. placuit ut Presbyteri. c. 5. c. ult. I find it Decreed, that the Presbyters shall Sell nothing belonging to the Church, the Bishop not being privy to it; Alienations upon necessity. nor the Bishops, not consulting the Council, viz. their Canons, or all the Presbytery without necessity. So that it seems there may be some necessity, which may be thought sufficient to Legitimate an Injust or uncanonical Alienation; and I hope to make it appear, that there could happen no greater necessity at any time, than that which occasioned Pope Julius the 3d. to grant the Power to Cardinal Pool, for Assuring the Abby-Lands to the Possessors, how unjustly soever they had obtained them. Having thus cleared, Application. that by the Canons there may be Alienations of Church Revenues, notwithstanding the positive Canons to the contrary, I shall only add, that the Pope, ex plenitudine Potestatis, hath Power to dispense with Canons, Decrees, etc. I shall therefore close this Section with what I find cited by a Learned (k) Bail. summa. conciliorum Apparatus. q. 58. Author out of St. Thomas Aquinas. The Question propounded is, Whether the Pope may change the Statutes of the Holy Fathers in General Councils, or dispense with them? In Answer to this (l) Tract. contra impugnatores Religionis 25. in cap. co●tra q. 1. contra statuta patrum condere aliquid aut mutare Authoritas quidem h●jus sedis non potest. St. Thomas holds the Affirmative: And whereas that of Zozimus the Pope is urged; which expressly determins, that the Authority of the Roman See cannot change Statutes of the Fathers, or Establish any thing contrary to them. He replies to it, that in those things which the Statutes of the Fathers have Decreed to be of Divine Right, it is true. But those things which the Holy Fathers have determined of positive right, those are left under the disposition of the Pope, that he may change them, or dispense with them according to the opportunities of times or Countries; and that the words of the Decrees may be altered, (m) Servata intentione statuentium, quae est utilitas Ecclesiae, sicut in omni jur● positivo accidi●, etc. and yet the Intention of the Decrees be observed (which is the profit of the Church) as it happens in all positive Laws, where subsequent Statutes derogate from the former. I might clog you with Authorities to prove this, but matter of Fact will clear it better, to which I pass. SECT. III. Several Instances of Alienations of Ecclesiastical Revenues from the Churches, or Religious Houses, they were at their first Dedication conferred on, in Ancienter times. The History of Charles Martel. THE generality of late Historians, who have occasion to speak of Charles Martel, accuse him as one of the first that committed manifest Sacrilege; therefore I think myself obliged to refresh your memory with the most material passages of his Life relating to these matters. In Paulus Aemylius (a) De Rebus Gesi is Francorum fol. 55. ad 67. you may find an account of his Noble Descent from Ausbert a Duke, and Blitilda Daughter of Clothair the second King of France, whose Great Grandson Ansigas the Duke, who Married Begga, the only Heiress of a Rich Nobleman, who possessed the greatest part of Austria, and was Father of this Charles Martel, afterwards created Prince of France. He grew Famous in the conduct of Armies under Dagobert, Chilperick and Theodorick the second, Kings of France. Under the last of which the Saracens (who had been called out of afric by Julian the Earl of the Vice- Goths, to revenge the Fact of King Roderick in abusing his Wife) about the Year 730, under Abderama their King, passed into Aquitain, and every where spoiled the Religious Houses; and out of hatred to the Christian Religion destroyed the Churches in Gascoign, Angolism, Sauton, and Poictou, Country's most Rich and plentiful, and where by the Devotion of the Inhabitants the Churches were adorned and enriched with much Gold. These Saracens were 400000 strong, and Charles Martel encamping beyond the River Loyr, near Turone, Fought them, and Slew of them 375000, losing but 1500 of his own Men. He Fought another Battle, with prosperous success against them, under the Conduct of Athinus their King. He was relied upon for his assistance to the Apostolic See, as appears by several (b) Binnius Tom. 3 fol. 467. Lachrymae die nocleque ab oculis nostris non dificiunt. Ep. 7. Epistles writ to him by Pope Gregory the third, when he was in danger to be oppressed by Luitprandus and Hilprand Kings of Lombardy, wherein he calls him Subregulus, and at large recites what Tribulation, Danger, and consternation he was in; So that Tears flowed from his Eyes, night and Day, and applies himself to this Charles Martel as to a refuge in time of his great distress. In another Epistle (c) cognoscant omnes gentes tuam fidem & puritatem atque amorem quem babes erga principem Apostolorum sanctum Petrum, & nos, ejusque peculiarem populum, zelando & defendendo; ex hoc enim poteris immortalem & aeternam vitam acquirere. Id. Ep. 6. the same Pope tells him, that he might expect a reward, before the Omnipotent God in the life to come with the Prince of the Apostles, as he disposed himself for the defence of the Church of God, and the Pope; and speedily engaged in it: So that all Nations might know his Faith, purity and Love, which he bore to St. Peter the Prince of the Apostles, and the Pope and the peculiar People by his Zeal in defence of them; for by this he might obtain Immortal and Eternal life. In another (d) Ibid. fol. 466. Ep. 5. Epistle, the same Pope writes to Boniface Bishop of Mentz, that God by the endeavour of the said Bishop, and of Charles the Prince of the Franks, had been pleased to gather from the Power of the Pagans, 100000 Souls into the Bosom of the Church. Yet for all this the same Boniface, as (e) Monasteriorum multorum eversor & Ecclesiasticarum pecuniarum in usus proprios commutator. Epist. ad Ethelbaldum Merciorum Rege●●. Malmsbury Records it, saith, that he was the overthrower of many Monasteries, and a converter of Ecclesiastical Money to his own use. And Paulus Aemylius (f) Paulus Aemylius vitâ Chilperici 3. p. 67. etc. saith, that the chief personages praised Martel as one that transcended the Glory of all Captains, and Emperors; but on the other side the Holy Men said, that tho' the splendour of his life was so great in the Eyes of the Vulgar, yet he was not so to be esteemed. For that he gave the Holy Right of Tithes to Military Men, and permitted his Soldiers to Plunder, and sweep away things profane, and Sacred, more than the Vice-Goths did; and that the Sees of Lions and Vienna, for several years, were deprived of their Bishops; the one dying by Military injuries, had no Successor, and the other was compelled to retire into a Monastery, and that to supply the necessities in the Wars with the Barbarous, he used the Gold of the Temples, and promised when Peace was restored, he would repay it manifold. But after he had obtained the richest and gloriousest Victories, he changed his promise and afflicted Holy Men, being mindful of old offences, that he expelled Eucherius Bishop of Orleans, and Robert Bishop of Rheims, because he said they took part with Ramenfride his Enemy. In an Ancient Chronicle (g) Le Rozier Historial de France. of France it is said, that by the Counsel of the Bishops, the Tithes of the Churches were given him to pay his Troops. Dupleix, saith he, banished several Bishops from their Sees, and put Laymen in them; the like is repeated by Nicholas Giles, and enlarged by (h) Per le conseil des Princes, donna & bailla aucunes des dimes, que tenoyent les ●glise a ses Gens d' Arms. Belle forest, who saith, that by the Council of the Princes, he gave certain Tithes which the Churches had, to his Men at Arms. With these concurs du Tillet, and du Haillan. Dupleix (i) Il recompensa la Nobless de partir des dismes du Clergis, etc. saith, that he recompensed his Nobility with part of the Tithes of the Clergy, with a promise of Restitution, but in this he saith the ingratitude of the Clergy [that condemn this] is more to be blamed than the enterprise of Charles; for was it not good reason, saith he, that those, who, besides their cost and charge had so generously hazarded their Lives for the defence of the Church, should be rewarded with some small portion of the Revenue thereof? Sr. Thomas Ridley (k) View of Civil and Ecclesiastical Laws 1. c. 3. §. 2. hath a long Discourse on this Subject, charging all the violations done to the Church, to have risen from his Practice; and that from France the precedent was imitated by others, so that the example thereof passed the Alps into Italy, and mounted above the Pyrenean Hills into Spain, and within a short time Sailed over into England, in such sort, that even to this day sundry Monuments of it appear, where any Title of Immunity for payment of Tithes is challenged in any place, reaching beyond the Lateran Council; and tells out of the Legend (l) Apud Servinum Tom. 1. fol. 10. of Eucherius or some (m) Gratian, c. 16. q. 1. Authors else, what you may find there; and in Paulus Aemylus, That Eucherius (n) Sepulcrum inane & nullis humani corporis vestigiis reliquiisque apparuisse dicitur. Intus vastitas, borror diraque species ac velut incendio atrum. l. Aemyl. vita Chilperic. Bishop of Orleans, being warned in a Vision, took Fulrade Bishop of St. Dennis to Martels Tomb, where he had but lately been Buried, and how they found only a Serpent in the Grave, otherwise empty, and no Footsteps or marks of an human Body there, but all within black as if it had been burnt. I know this Legend is questioned by Baronius; and Mr. Selden saith Eucherius was Dead before Charles Martel, and will no ways allow Tithes to be then so settled. But I think it cannot be questioned what a Learned (o) Father Simons History of the Original and progress of Ecclesiastical Revenues, p. 40.41. Priest and Antiquary observes, that when Barbarous Kings became Masters of a part of the Roman Empire, the great want that Princes were engaged in, was the cause that so great parts of the Revenues of the Church fell into the hands of Laymen, and that they made contracts of Alienation about them, as about other possessions, and those contracts passed for lawful when they were made in the usual Form. I had composed a large Collection of the Infeodations of Church-lands, Infeodations. whereby for small Rents and Services, great portions of such Lands were given in Fee from Bishops, Abbots and Priors, to Knights or other Secular persons to answer the Services due to the Prince from the Bishops, etc. but you may find them in Mr. Seldens History of Tithes. Sect. 113.117. and other places. By custom also Laymen held Tithes, Customs. and other Religious Lands, paying either no Tithe to Parochial Churches, or very little, for which you may consult the same Mr. Selden, pa. 181.186, 187. There were also Arbitrary Consecrations, Arbitrary Consecrations. Tit. de locat. & conduct. clericis verbo portione. Modus. whereby the Patron gave sometimes a third, half, or two thirds to the Church; reserving the rest to himself and his Heirs, for which you may peruse Linwood. Also Modus of Tithes was another Infringement of the Canons, for which see Mr. Selden, pa. 288. Exemptions likewise were in use, Exemptions. granted to certain Religious, which was contrary to the Ancient Canons of paying Tithes to the Baptismal Church, and was restrained by Pope Hadrian the 4th. to the Cistertians, Templars, and Hospitalers, Compositions. or by compositions the Church-Revenues were Decreed. For which you may consult Mr. Selden p. 408. I purposely pass these by, tho' they be so many several instances, that the Canons did not universally bind against all Alienations, lest I should swell this Treatise too big. SECT. IU. Several Instances of particular Alienations of Church-lands more Modern in England. I Shall now descend to latter evidence of Alienations of Church-lands, transferring their Revenues to the endowment of Colleges, or other Charitable Uses, or increasing the Exchequer of Princes, and suppressions of Orders, even by the Bulls of Pope's long before the Reformation. Pope Clement the (a) Ex Archivis Scaccarii Ex Autograph. The suppression of the Knight's Templars. 5th. by his Bull dated at Poictou the 10th. of the Kalends of December 3o. Pontificatus, Anno. 1307. Ordered the seizing of the Knight's Templars here, in one night, according to the example of the French King, and gave the Custody of their Lands and Goods to King Edward 2d. till further order from the Apostolic See. In this Bull the King is required, (b) Sic prudenter sic caute sic secretariorum tuorum consilio studeas ordinare quod omnes & singulos Templarios Regni tui & eorum bona mobilia & immobilia— capi facias uno die— personas eorum in locis tutis sub fida custodia detin●re. with the Council of his wise Secretaries, so prudently, so cautiously, and so secretly by good Men, of whom there may be no suspicion of imbezling their Goods, in one day, to cause to be seized all and singular the Templars in his Kingdom, and all their Goods movable and , and to keep their Persons in safe places, in Faithful Custody, and commit the custody of their Goods, Movable and Immovable to certain good persons, of whom it is not likely, that in this or the like matters they will use any deceit, and all this to be done till it be otherwise ordered by the Pope, etc. This (c) Council Viennense. General Council of Vienna, was Celebrated Anno Domini, 1311. Under Pope Clement the 5th. In the Sentence of the Pope I observe these expressions, (d) Ad providentem Christi Vicarii, praesidentis in specula Apostolicae dignitatis, circumspe●ti●nem pertinet, etc. It belongs to the provident circumspection of Christ's Vicar, presiding in the Watch-Tower of Apostolic Dignity, etc. After reciting how the Order of the Knight's Templars had been Instituted and the Crimes of the present Knights, he saith, not without bitterness of Heart and griefs, the Holy Council approving it; not by way of definitive Sentence, because he could not do that by Law according to Inquisitions and Process, but by way of Provision or Apostolical Ordination (e) Irreffragabili & perpetua valitura sancivimus sanctione. with a Sanction Irreffragable and perpetually to be of force, he hath Decreed the said Order to be prohibited, perpetually suppressing it. Strictly forbidding any for the future to enter into the said Order, or receive the Habit, or to repute himself a Templar. And by Apostolic Authority hath appointed (f) Vniversa etiam bona ordinu praelibati Apostolicae sedis Ordinationi & dispositioni Authoritate Apostolica duximus referenda. all the Goods of the foresaid Order to be referred to the Ordination and disposition of the Apostolic See. Concerning this matter (g) Chron. His. Fargiensi. Trithemius the Abbot Writes thus, the Order of Templars which had stood almost 182 Years, was condemned by Pope Clement, and in one day abolished through the whole World at the Instance of Philip King of France, by whose promotion the Pope was Elected— The Templars, saith he, were very Rich, whose Possessions that the King might acquire to himself, he accused them of Heresy, and proscribed them to be totally extinguished as many thought. The Templars were thus suppressed, and four Years after, the same Pope (h) Autographis in Archivis Scaccarii. The Pope's Bull to confer the Templars Lands upon the Hospitalers. on the 17th. of the Kalends of June, 7 Pontificatus, directs three Bulls, one to the King, another to the Archbishops, Bishops, etc. and a third to the Nobility, Earls and Barons of England, the purport of which Bulls was, that having had consultation whether it were better for the Professors of the Orthodox Faith in Jerusalem, and for the relief of the Holy-land, to give the Goods of the Templars to the Order of the Hospitalers of St. John of Jerusalem, or to unite them to an Order to be Created anew, as some affirmed it to be more profitable; the business was debated in the Council at Vienna, and the Pope grants them to the Hospitalers, the Holy Council approving it, and so hath thought fit to grant, apply and unite their Goods to the said Hospitalers, excepting, till further order; those within the Kingdoms of Castille, Arragon, Portugal, and Majorca, being without the Kingdom of France. So the Pope entreats and persuades them to deliver to the Master and Brethren, or Priors, and Preceptors of the said Hospitalers, and their Proctors, all the Goods of the said Templars, entirely, and peaceably, (i) Sic igitur in praemissis vos promptos & paratos exhibeatis quod praeter retributionis aeterni praemium quod inde merebimini vobis laudis humanae cumulus augeatur. and that they would in the premises show themselves ready and prompt whereby besides the praemium of Eternal reward, which they should thereby Merit, an Accumulation of human praise might be increased to them. Having thus considered what the Pope did about the Templars, I shall show you what the Parliament here did. After reciting, Statutum de terris Templariorum 17 Ed. 2. that the Military Order of Templars ceased, and was dissolved, etc. Great Conference was had before the King, in presence of the Prelates, Earls, Barons, etc. whether the King and Lords of the Fees, or others, which held those Lands which were the Templars, might retain them by the Law of the Realm, and with safe Conscience. Whereupon the greater part of the King's Council, as well the Justices, as other Lay persons being Assembled together; the said Justices affirmed precisely, that the King and other Lords of the Fees, might well and Lawfully, by the Laws of the Realm, retain the foresaid Lands as their Escheats, in regard of the ceasing and dissolution of the Order aforesaid. But because the Lands, etc. were given to the Brethren of the said Order, for the defence of Christians and the Holy Land against Pagans and Saracens, and other Enemies of Christ and Christians, and the Universal Holy Church, and Canonised to the Augmentation of the Honour of God and liberal — It is agreed, ordained, and established for Law to continue for ever; That neither the King, nor any other Lords of the Fees aforesaid, nor any other person, hath Title or Right to retain the said Lands, etc. Notwithstanding any Law or Custom of the Realm of England. Wherefore our Lord the King, by the mutual assent of the Earls, Barons and Noblemen aforesaid, of his Regal Authority, in the same Parliament, hath assigned and determined to deliver all the foresaid Lands, etc. To the Order of the Brethren of the Hospitalers of St. John of Jerusalem. In which Act we may note, that it was the Opinion of the Justices, that they were Escheated to the Lords of the Fee, and that they were only Transferred to the Hospitalers, on account that they might perform the same service as the Templars had done. It is probable you will ask me what I bring this relation for, Objection. since here is no Alienation of Church Revenues, but only a suppressing of one Order for the great Crimes the persons were found guilty of, as is recited in the first Bull, and sequestering their Lands and Goods for some years, and then entirely giving them to another Order then in being. But if you consider the matter aright, Answered. you will find more in it; for the King and the Nobility, having got the Lands and Goods thus in their Possession, made no such Restitution as you think of. For (k) Dugdales origines Juridiciales. Tit. Temple. Ed. 2. gave the Inner and Middle Temple (the very chief House of their Order in England) to Thomas Earl of Lancaster who forfeiting it shortly after, it was granted to Adomar de Valence, Earl of Pembroke, and after to Hugh le Despencer for life, The Temple given to Lay-Peers. which Hugh being attainted 1 E. 3. the Right thereof devolved to the Crown, and then the King restored it to the Hospitalers. Temple-ne-wsom given to the Lord Darcy. I might instance in many other places; but I shall only do it in one, viz. Temple-newsom, in Yorkshire, the account of which among my Collections I find thus. (l) Esc. 21. E. 3. n. 54. Inquisition being taken after the Death of John Lord Darcy, called le Pere, it is thus Recorded, that the Manor of Temple-newsom, some time was in the Possession of the Templars, and after the deposing of them, the King seized it into his hands, and made a composition with the Brethren Hospitalers and gave it to Mary St. Paul, Countess of Pembroke, for Life, the reversion to John Darcy and his Heirs. Besides this in the 18 (m) Cart. 18. E. 3. M. 1. of E. 3. this John Darcy le Pere had free Warren granted him in Temple-newsom and Temple-Hyrst, Com. Ebor. and Torksay Com. Lanc. and Ekington Com. Derby and Kirkly Com. Not. all which, unless the two last, certainly belonged to the Knight's Templars: And I have seen sufficient evidence, that Temple-newsom at least, continued possessed by the Family till it was forfeited by the Attainder of Thomas Lord Darcy towards the later end of H. 8ths. time: Surely you must yield, that Alienations and Compositions for Religious Lands, have been reputed valid in former Ages when the Canons of the Church and the Pope's Authority were no ways questioned by the extruded. A part of Lincolns-Inn is owned (n) Bucks univer. p. 1072. Part of Lincolns-Inn and Grays-Inn, formerly Religious Lands. to have appertained to the Dominicans, and by them Alienated to Henry Lacie Earl of Lincoln; and Grays-Inn, was part of an Ancient Prebendary of the Cathedral of St. Paul's. So that we find the very Houses, which are the Nurseries, and Academies of the long Robe, and where we may justly expect greatest care would be taken to be secure in their right, have belonged to Religious Societies, or the Dignitaries of the greatest Cathedral in England. To descend nearer to our times, I have seen the Bull of (o) Ex Autographo in Archivis Scaccarii. Dissolution of several Monasteries to endow the College of Windsor Castle and King's College Cambridge. Pope Clement the 7th. dated the 4th. of the Nones of November, 5 Pontificatus, Anno 1528. 20 of H. 8. where he giveth Cardinal Wolsey a Power to Dissolve, and Suppress such Monasteries as maintained but six, four or three Monks, to the value of 8000 Ducats of Gold of yearly Rent, and to transfer all their Possessions and Movable Goods toward the increase of the Revenues of the King's Collegiate Church at Windsor Castle begun by E. 4th his Grandfather by the Mother's side, and the College at Cambridge built by H. the 6th. Grandfather to the same King by the Father's side. In this Bull are the fullest recitals of the Pope's dispensing Power, that I have yet met with, therefore I think it fit, being no where that I know of Printed, to give you the words, that you may at once see how far the Pope's Power extends in dispensing with the Canons: The words are, The Pope's dispensing with all Canon's Councils, etc. in the suppresing those Abbeys, etc. Non obstantibus voluntate nostrâ predictâ, ac aliis Apostolicis, nec non bonae memoriae Othonis & Ottobonis olim in dicto Regno Apostolicae sedis legatorum, ac in Provincialibus & Synodalibus Conciliis Editis, Generalibus vel Specialibus Constitutionibus, & Ordinationibus ac Statutis, & Consuetudinibus Monasteriorum, & Ordinum quorum Monasteria ipsa fuerint Juramento, confirmatione Apostolica, vel quavis firmitate alia roborata; Privilegiis quoque & Indultis ac Literis Apostolicis, etiam in forma Brevis, Monasteriis & Ordinibus praedictis, sub quibuscumque tenoribus & formis, etiam per modum Statuti & Ordinationis perpetuae, & cum quibusvis etiam derogatoriorum derogatoriis fortioribus, & efficacioribus & Insolitis clausulis, ac Irritantibus, & aliis decretis, etiam motu proprio, & ex certa nostra scientia, ac de Apostolicae potestatis plenitudine, etiam per nos & sedem eandem etiam iteratis vicibus concessis, confirmatis, & innovatis, etiamsi in illis caveretur express, quod illis, etiam per quascunque litter as Apostolicas nullatenus derogari possit, nisi in literis per quas illis derogare videretur, illorum omnium Tenores, de verbo ad verbum insererentur, & express appareant; Romanum Pontificem illis derogare voluisse, & causa urgens, & sufficiens exprimeretur, & aliis certis modis & formis observatis, quibus omnibus illorum Tenores, ac si de verbo ad verbum insertis & forma in illis tradita observata foret, presentibus pro expressis habentes. Illis alias in suo robore permansuris, hac vice duntaxat specialiter & express, ex certa nostra scientia, & potestatis plenitudine derogamus, ac etiam quibuscumque defunctorum Testamentis, ultima voluntate, Ordinatione, & quod dispositionibus quacunque Auctoritate confirmatis corroboratis & consolidatis, ac quibuscumque poenis & censuris Ecclesiasticis Communitis, super quorum omnium Testamentorum ultimam voluntatem, Ordinationem & dispositionem, ac omnia & singula, ac illorum tenores etiam presentibus pro expressis, & recitatis & insertis habentes. Immutationes alterationes & in vestrorum collegiorum praedictorum conversionem & translationem specialiter & express, in eventum suppressionis, & applicationis per eandem circumspectionem tuam faciendo, licentiam & potestatem praedictam dispensamus, ac specialiter, quacunque allegatione de non expresso valore fructuum bonorum Monasteriorum hujusmodi literis nostris; praetextu alicujus constitutionis inde editae, curiaeve nostrae stili, aut alias requisitio & inserendo contrariis quibuscunque. The Constitutions of Otho and Othobon, that are here dispensed with, I suppose are those, viz. (p) Constitutiones Othonis Tit. 12.14. of Otho, that no Goodsshall be taken out of the Houses, Manors, or Granges, belonging to Bishops, or the Religious without their consents, and that of Othobon (q) Constit. Othobonis Tit. 11.13, 21, 22. forbidding Bishops to confirm, or assign, by appropriation, any Church in his Diocese, to another Bishop's Monastery, or Priory, unless he to whom the Bishop would appropriate it, were so poor, or other lawful cause were, that the Appropriation might not appear so much contrary to Laws, as agreeable to Piety. In the Archives (r) Ex iisdem Archivis. Instructions how to proceed legally to suppress Monasteries. of the Exchequer there are the Instructions how to proceed to obtain this suppression of these Monasteries; which were on the King's part to supplicate the Pope for a Commission to be granted to Cardinal Wolsey and Cardinal Campegius Legates the Latere, than the Pope to grant by his Bull to the Legate or Legates a Faculty, than a Commission of Enquiry what Monasteries were fit to be suppressed, and then the Legat's executing his Power, and the Pope's Confirmation. In the same (s) Ibidem. Suppressing of Religious Houses for building and endowing Cardinal Wolsey's College at Oxford and Ipswich, whereof the yearly Rent was, 19582. Archives of the Exchequer, are to be found, the Bull of Pope Clement the 7th. the day before the Kalends of June, 5 Pontificatus, to Cardinal Wolsey, for the suppressing of several Religious Houses for the building, and endowing of the Cardinal College of Oxford, now called Christ-Church, as likewise (t) Ibidem. that of the Nones of February, 6 Pontificatus, of the same Pope, and many other Bulls, not only for that College, but for his Cardinal College at Ipswich, where he was born; but all our Historians relating the matter so particularly, I shall refer you to them. Only give me leave to note one thing out of the Instructions given by the same Cardinal to his Chaplains and Counsellors, as they are Styled, Sir Robert Carter Steward of his House, Instructions for demolishing a Church for building the Cardinal College at Oxford. Mr. Laurence Stubbs his Almoner, and Sir Nicholas Towers; about the building of his Cardinal College of Oxford, that for enlarging the College, the Parish Church of St. Nicholas was necessarily to be pulled down, and taken away, wherefore, by his Legantine Power, he Authorizeth them to cause it to be done, and to Translate and annex the Parishioners of the same Church of St. Nicholas, to the Parish of St. Aldate * Now St. Aldate near the great Gate of Christ-Church. being next adjoining, and to compound for a part of the Churchyard of St. Fridiswold, belonging to the Monastery of that Name. This leads me to another remark I find in the Survey of (u) ●bidem. At Bridlington a Church converted into a Bakehouse and Brewhouse. Bridlington Abbey in Yorkshire, upon its dissolution where it is worded thus. Item, on the Southside of the said Monastery, is a Bakehouse and Brewhouse, which by report of old Men was sometimes a Nunnery; by sight, the Bake house was the Body of the Church, the Roof whereof is covered with Slate, and the Isle with Lead, the Brewhouse is where the Choir seemed to be, and is covered with Lead. To this let me add what I have from the relation of a Reverend person, that hath lived long upon the place; St. Edmund's Church at Rome pulled down for the building a private house. that about 20 years since, a Church in Rome, belonging to the English College there, and Dedicated to St. Edmund the Martyr, was pulled down, and made a dwelling House, and the obligation of Divine Service, was transferred to St. Thomas Church. By all which it appears, that not only Religious Lands may be Alienated, but the very Churches themselves, Consecrated in a special manner to the service of God, (even in the Church Communion, and City of Rome,) may be demolished and converted to profane uses. SECT. V Instances of Alienations of Church Lands in Foreign Countries in the Roman Catholic Communion. IF we take a tower into other Countries, we shall find the like Alienations of Church Lands, suppressions of Monasteries, or their being converted into more secular uses than they were by the first Institution designed. In the Year, 1563. (a) Pietro Soavo Polano Hist. of the Council of Trent, fol. 666. Pius the 4th. being Pope, and Charles the 9th. King of France. The Queen Regent of France sent Letters to Rome, and Trent, in the end of May, that consultation had been had how to pay the Debts of the Crown, that a Decree had passed for Alienating to the value of 100000 Crowns of Ecclesiastical Goods, Alienation of Church live in France 1563. and it was confirmed by the King's Edict and Sentence of the Parliament. The French Ambassador was Ordered to move his Holiness to give his consent, alleging the exhausture of the Exchequer by the late War, that he designed to put his affairs in Order, that he might begin, as his purpose ever was since the making of the peace, to reunite all in the Kingdom to the Catholic Religion; and that he might be abler to force whosoever should oppose him, he meant to impose a Subsidy, and cause the Clergy to contribute their parts to it also; whereto the Church was so much more bound than others, by how much their interests were more in question. That all being considered, nothing was found to be more easy than to supply the necessity with the Alienation of some few Ecclesiastical Revenues, whereto he desired the consent of his Holiness. The Pope answered, that the demand was painted forth with a fair pretence of defending the Church, but it was the only way to ruin it; for the avoiding whereof his securest way was not to consent to it; (b) Idem. p. 667. and he was of opinion, that the French would not proceed to the execution of it without him, and he thought without his consent none would adventure Money upon them, because a time might come, that the Ecclesiastics would resume their Rents, and not restore the price; and he proposed the business to the Consistory, and resolved not to consent, but by divers excuses to show, it was impossible to obtain that demand at his hands. (c) Idem. 739. The French having considered the Pope's Answer, resolved to Treat no more with the Pope for his favour in the Alienation, but to execute the King's Edict approved in Parliament without any consent of his Holiness. This being suddenly performed, few Buyers could be found, which was a hindrance to the King, and no favour to the Clergy; for the Sale was made at low Rates, so that there was but Two Millions, and a half of Franks raised, small in regard of the things Alienated, being but Twelve for a Hundred, whereas it had been a small price, if they had given a Hundred for Four. Amongst the things sold, the Jurisdiction which the Archbishop of Lions held until that time over the City, was sold at the outcry for 30000 Franks, but the Bishop complained so much, that in supplement of the price, he had given unto him 400 Crowns yearly. I know not whether ever any Pope confirmed this; however it is apparent, that if the Pope by Bull had confirmed it, none would have scrupled the Legality of the Title of a Purchaser. But this is (d) Ex relatione Reverendi Superioris Ordinis St. Benedict. most certain, that those Alienations continue to this day, only the Religious have liberty to redeem them, paying the Money paid for them, and the charges for any improvement, as I have it from one who lately redeemed such an Alienation from the Purchaser. Pope Alexander the 7th. by his (e) Bullar●um Magnum impressum Lugdini. v●l. ult. fol. 220. Bull dated 28 April, 1656. 2ᵒ. Pontisicatus, suppressed the Order of the Fratrum Cruciferorum, or Cross-bearing Brethren. The Preamble runs thus, We thinking it Our Duty with all Study and Industry, continually to cultivate the Vinyard of the Lord, The suppression of 4 Orders by the Pope. which is his Church by the Divine Will committed to Our care, that the Vines of Religious Orders providently planted in it, which being destitute of the Primigenious vigour of Regular observance have degenerated into barren wild Vines, according to the Example of the good Husbandman, or Father of the Family, We must pluck out of the Vinyard as by mature and forethought deliberation, We see it, in the same Lord, to be healthfully expedient. Therefore when long since it is found, that of the Order called the Fratres Cruciferi, there remains but four Monasteries, which had in the whole Order Twenty five, Twenty one of them being suppressed by Pope Innocent the 10th. our Predecessor of happy memory, whose Brethren are reduced now to a few, and have totally deviated from the Primitive Institution, and is in the Church of God wholly unprofitable, and there is no hope that it shall be reduced to bring forth good fruit. Therefore of our proper motion and certain knowledge and mature deliberation by the fullness of Apostolic Power, by the Tenor of these presents we for ever extinguish, suppress, and abolish the said Order, with all its Dignities, Offices, and Ministries, and all its Conventualship, Title, Essence and Denomination. And we do reserve all and whole the Goods, Movable and Immovable, as well Sacred as Profane, their Convents, Houses, Vineyards, Farms, Canons, Responsions, Fruits, Entries and Rights whatsoever, wherever they be, according to the disposition of us, and the Apostolic See, to the Uses and Pious works, to be converted by those, to whom they are committed by us and the said See. Then follows a Non obstante against all things, that might Invalidate this and all the expressions that may confirm it, which are too tedious to be here Inserted. Then follows a Bull of the same Pope, dated the same day, for suppressing the Congregations of the Canons (f) Bull●rio pr●●dicto fol. 221. 222. Regulars of the Holy Spirit at Venice, Styled Congregatio Canonicorum Regularium Sancti Spiritus Venetiarum. (g) Eodem Bullario fol. 467. There is also another Bull, by Clement the 9th. for the suppression and extinction of the Congregations of the Canons of St. Gregory in Alga at Venice, and the Brethren Jesuits of Saint Jerom in Fesulis, Styled Congregationem Canonicorum St. Gregorii in Alga Venetiarum ac fratrum Jesuitarum St. Hieronymi in Fesulis. How the Revenus of the two first were disposed of I know not, but the last (and I believe so of the former) were given to the State of Venice, for defraying the charge of the defence of Candy; and the Senate sold them, and the Buyers are in no danger of Resumption. In the like manner Cardinal Ursini, Protector of Poland, hath of late Interceded with the Pope, for dissolving of several Religious Houses in that Kingdom, to supply the Treasury in the Important War that Kingdom sustains against the Turks, and I doubt not but it is, or will be effected. The Abbey of Burgh de Di●u Alienated. To return to France, the Famous Abbey called Burgh de Dieu, (which with the appurtenances is valued at 20000 l. yearly Rent) is Possessed by the Prince of Conde, and it is little more than two years since, that two thirds of the Rich Abbey of St. Denis in France hath been given for ever by the Pope, Two thirds of the Abbey of St. Denis Alienated. for the Education of Young Gentlewomen, the King having solicited the Alienation, and caused it to be confirmed by the Archbishop and Parliament of Paris. At Liege in (h) Lord Castl●maine Peply, p. 219. Germany the Prince enjoys the Cloister, Garden and Appendices belonging to the Nuns there, by the Pope's Bull, and all Catholic Divines and Lawyers are satisfied. In Germany, as well as in other places, Alienations in Germany. it hath been long Practised, that such a portion of Religious Lands as have been employed for the Table of the Archbishops, Bishops, Abbots, or Priors, have been Converted to Secular Pensions. In General we may observe, that as the Statute of Mortmain here, was made to restrain Peoples too Prodigal giving to the Church; so where some Church-mens Revenues are thought too great, and some Merit was thought fit to be rewarded, Commendams and Pensions have been thought to be dispensed with. By these, and multitudes of other instances I might produce (if the cause required) you may easily Judge, that the Canons of Councils, the Decretals of Popes, and other Constitutions Ecclesiastical, prohibiting Alienation of Church Lands, have been Infringed sometimes by Secular Princes without, and sometimes with the Pope's Dispensation in all Ages. SECT. VI Concerning the Alienations of Church-lands in Germany, and the establishment of a Toleration of Religion there, by the Treaties of Munster and Osnaburgh. Objection Objection, that the disseizing of the Religious in England was very different from that in other places. I Believe you had considered the force of these particulars (of which you could not be ignorant) therefore you tell me how different our case is from any other Alienation of Church-lands, since in all the foregoing Examples, the Sacred Patrimony was either commuted to some other Charitable use, or employed for the support of Armies, for defence of the Prince, or his Dominions, or of Christians against Pagans or Turks. But here was a total suppression and Abolition of Religious Orders, under pretext that they had degenerated into Sloth, Vice, and Superstition, and that their Lands being given to the Crown, would so Augment the King's Revenue, as the Subjects, for the future, would be eased of Subsidies, and other Taxes; the King might erect new Bishoprics, and employ some of their Lands to better Religious Uses; which were the popular Arguments to obtain the Assent of the two Houses of Parliament to their Dissolution. Yet for want of appointing how particularly these Lands should be applied to such uses, and the absolute Investing them in the Crown, without Limitation of Uses, they were squandered away by piece-meal, and the Subjects very little eased of any public burden. You further add, that when you consider these things, and the Artifices used to obtain surrenders from the Convents of these Lands, and then make them pass for their voluntary Acts, and as such obtain their confirmation by Acts of Parliament, so that in no Kingdom or State, any such unpresidented Innovation upon the Rights of the Church, or such a sweeping devastation of these Lands, so legally settled upon the Religious was ever known: You cannot conceive, but that if the Roman Catholic Religion can ever be Introduced here, those Lands will be claimed and in Justice ought to be restored; Since no defence can be made for so violent a possession of them. In the proper place, when I come to consider the Act itself, I hope to give you satisfaction, that tho' I grant all this, yet no Resumption can possibly be obtained. How the Religious Lands in Germany were settled by the Treaty of Munster. But before I speak to this, I shall pass with you into the Empire, and own how the Churches there have lost their Lands, and that the condition of them in Germany is nearest akin to ours; and that there the Entrance upon the Church Revenues was by Violence, during a Civil War, by the Princes of the Augustan Confession, seized upon as out of the Hands of their Enemies; and that during the Treaties of (i) Tractat. Pacis, etc. p. 140. The Nuncio of the Pope protests against it. Munster and Osnaburgh the Restitution of these Lands being debated, Fabius the Pope's Nuncio (afterwards Pope, by the Name of Alexander the 7th.) made his protestation against it, both by the (k) Testatum facio me tum jussu Pontificis, ac muneris mihi demandati Intuitu, tum propriae Deo dante voluntatis propensione, etc. Command of the Pope, by Virtue of his Character then, and the propensity of his own Will, and entr'd his Protestation against it, Dated at Munster, October 26. 1648. Also Pope Innocent the 10th. Published his (l) Ibid. p. 148. The Pope condemns it by Bulls. Bull the 26th. of November following, in 5ᵒ. Pontificatus, against both the Treaty of (m) He Presaceth the Bull thus. Zelo Domus Dei animum nostrum assiduo commovente, in eam praecipue curam sedulo incumbimus ut Orthodoxae fidei Integritas, ac Ecclesiae Catholica Dignitas & Authoritas ubique sarta & tecta conservetur. Osnaburgh concluded the 6th. of August, 1648. and that of Munster the 24th. of October the same year, declaring both against the Possession of Ecclesiastical Goods by the Heretics, to them and their Successors, and the permission of the Heretics, as he Styles them, of the Augustan Confession, to have free liberty of Exercising their Heresy in several places, and the Assignment of places to to build Churches, and their enjoying of Public Employments, Offices, and Participation of Archbishoprics Bishoprics, and other Ecclesiastical Benefices, Provostships, Balywicks, Commendams, Canonships, other Benefices, etc. Which at large may be Read in the Tracts Published at Leyden, 1651. In Answer to these, I shall not undertake to justify the matter of Fact, Answer Answer not vindicating the spoil, especially when the Tithes were not restored to Parish Priests. nor vindicate the divesting of the numerous Parish Priests of the Tithes belonging to them, and by their former appropriation to the several Religious Houses, upon their Dissolution given to the Crown; which had then an opportunity of annexing them to their respective Parishes, which tho' they had been supplied, while they were in the Hands of the Religious, by some of their Body, by the subtraction of the maintenance, were to be the worst of all other supplied by the poor Vicars, yet were not at all considered. But I shall in the following Sections endeavour to make it apparent, that Religious Lands are now possessed without any fear of Resumption, where no Confirmation of the Pope was ever obtained, as in Germany. Therefore I shall here pass by the validity of Law (either Canon, Civil or Municipal) because when I come to the proper place, I hope to make it appear, that there was as much done by the Popes (both Julius 3d. and Paulus the 4th.) as was requisite to make the Title of every one, sufficiently secured, even by Canon Law. Therefore I shall spend this Section in clearing two things: First in showing the amicable composure, that the Treatise of Munster, and Osnaburgh produced, betwixt the Roman Catholics, Lutherans and Calvinists; and thereby show the grounds of those accords betwixt the Princes and Subjects of each persuasion in Germany, and so secondly Illustrate something more that account, the Author of the Book you sent me, hath laid down, and in that vindicate the Author, and show that since the Germane Princes and Subjects enjoy the Religious Lands, without any scruple in Law or Conscience; we have much more reason to think ourselves secure. Concerning the settlements in Germany by the Treaty of Munster. As to the settlements in Germany, it was a great Work, and the Plenipotentiaries were persons of great knowledge in the Laws, and assisted by the Learnedest of that Age, to compose a matter of so great moment; so that we need not doubt, but that all possible care was taken to make it as binding as Law and Authority could contrive it. In which (n) Instrumentum pacis Treaties Archbishoprics, Bishoprics, Abbeys, etc. formerly in the hands of Roman Catholics, were settled upon Lutheran and Calvinist Princes and Lords, so I shall note some of the principal matters settled by the Instrument of Peace concluded at Osnaburgh. (o) Artic. 5. §. 1. First the Transactions at Passaw, Anno 1552. And that called Pax Religionis, Anno 1555. And that Anno 1556. (which were in Queen mary time) and those in the several Diets in the Empire, are Confirmed, and what in any Controverted Articles in the present Transaction, by consent were established in Judgements, and other ways, shall be observed, (p) Non attenia cujusvis, seu Ecclesiastici, seu Politici Secularis intra vel extra imperium contradictione, vel Protestatione. not taking cognizance of the contradiction, or protestation of any Ecclesiastic, or Politic person, within or without the Empire, all which by the force of this agreement are declared void and null. Secondly, §. 2. That Restitution shall be made in the matters Ecclesiastical from the first of January 1624. So that the Cities named shall retain the Goods, Rights, and Exercise of their Religion, as they enjoyed them that Day and Year. In (q) Pa. 26. Equality of Magistrates or Alternative Election of them. particular the City of Augusta Vindiliciorum, Augsburg, shall have seven Senators of the Secret Council, whereof the two Precedents, called Staup-fleger; one shall be a Catholic, the other of the Augustan Confession, and of the other five, three shall be Catholics, and two of the Augustan Confession; and the rest of the Senators called the lesser, the Syndicks, Assessors, and City-Judges, and other Officers shall be equal in number of both Religions, and the three Mint-Masters, the first Year shall be two Catholics and one of the Augustan Confession, and the next Year two Augustans and one Catholic; and so of the Masters of the Ordinance being three; and all other Officers of the like Number, and where there is but one Officer for one or more Years, the Catholic and Augustans shall be Alternatively. That neither Party shall abuse the Power of those adhering to their Religion, Pa. 27. Neither party to depress other. to the depressing of the contrary, nor directly or indirectly shall increase the number of the Precedents, (r) Neutra verè pars suae Religioni ad●arentium potentia ad deprimendam alteram abutatur, etc. Senators, etc. But if any do, it shall be void. (s) P. 28. In the Cities of Dunkelspiile, Biberac, and Ravensburg, there being two Consuls, one shall be a Catholic, and the other of the Augustan Confession; and so in all other Officers where the number is equal, and where there is but one Officer, it shall be exercised Alternatively. (t) P. 29. Ecclesiastical Goods to be possessed as in Anno 1624. pa. 30. In the 3d. Section it is agreed. As to Ecclesiastic Goods, whether they be Archbishoprics, Bishoprics, Prelatures, Abbacies, Balywicks, Provostships, Commendams, or free Secular Foundations, etc. Whoever possessed them, whether Catholics or Augustans, the first of January 1624. they shall possess them quietly, and undisturbedly (u) Vsque dum de Religionis dissidiis per Dei Gratiam Conventum fuerit. till by God's Grace it shall be agreed about differences of Religion, and it shall be lawful to neither Party to molest other, either in Judgement, or otherwise, much less to cause disturbance or Impediment; (w) Quod si de Religionis dissidiis amicabiliter convenire non possit, nihil ominus hac conventio perpetua sit & pax semper duratura. and if it cannot be amicably agreed concerning differences in Religion, nevertheless this Convention shall be perpetual, and the Peace to endure for ever. If a Catholic Archbishop, Bishop, or Prelate, or of the Augustan Confession, or other Ecclesiastics, change their Religion, they (w) shall lose their Right, retaining their Honour and Fame, and shall lose the profits; and the Chapter, or to whom the Right appertains, shall choose another person of that Religion, to which by this Treaty the Benefice appertains, and leave to the Archbishop, Bishop, or Prelate, etc. departing, the profits received and consumed. If a Catholic or Augustan State, have since the first of (x) ●xcidan● ilit suo sure, honore tamen Famaque illibans. p. 34. January, 1624. judicially or extrajudicially been dispossessed by Virtue of this Treaty, they shall be restored, etc. In the 7th. Section, it is provided that the number of Chapters or Canons, which were of either Religion, the first of January, 1624. shall be continued; so that where any, of either number die, one of the same Religion shall be chosen; and if of either there be now a greater number, To have the Chapters equal as to the Canons. p. 35. they shall continue for life, and after their Death one of the other Religion be chosen, till the number be adjusted as in, 1624. (y) Artic. 5ᵒ. §. 9 Whatever Monasteries, Colleges, Balywicks, Commendams, Churches, Foundations, Schools. Hospitals or other Ecclesiastical Goods, with their Rents, Rights, (by whatever name they are called) the Electors, Princes, States, etc. The settlement of the Possessions to be conformable to the Treaty p. 36. Of the Augustan Confession were possessed of the first of January 1624. they shall possess them now, whether they retain them, or have restored them, (z) Donec controversiae Religionis amicabili partium compositione universali definiuntur. Nothing to be valid that contradicts this Treaty: All claims in Law to cease. till the Controversy of Religion by the Amicable Composition of all Parties be determined, not attending the exceptions, whether before or after the Treaty of Passaw, or the Religious Peace, or any Interruption by Hostilities, or foregoing or after Treaties general or special, Decrees, Mandates, Rescripts, Suits, or causes of Suits, Reversals, Petitions, or any pretext or reason whatsoever, the only Foundation of this Treaty of Restitution and Observance, being from the first of January 1624. So that those of the Augustan Confession be restored into their former state, and be not by any means disturbed of their Possession, but be free from any Persecution of Law or Deed for ever, while the Controversies of Religion be composed. The (a) Pa. 37. Provision for Catholics. like is agreed upon for the Catholics in relation to their Monasteries, so that they be not changed into other Orders than such as they had from the first, unless the Order be extinct, and then the Catholic Magistrates may choose Religious out of any other Order used in Germany before the difference in Religion, and in whatever Foundations, Collegiate Churches, Monasteries, Hospitals, half Catholics, and half of the Augustan Confession promiscuously lived, that they should live in the same number as they were the first of January, 1624. and the public exercise of Religion shall remain the same as at that time, and those that used the first Prayers at that time, should so continue them. In the 11th. Pa. 41. None to disturb other in the exercise of their Religion. Section it is provided in all places, that neither (b) Neutrique partium alterum de Religionis suae Excercitio Ecclesiae ritubus & ceremoniis deturbare fas sit. Party disturb other in the Exercise of their Religion, but that the Inhabitants live Peaceably and Friendly one with another, and have the free use of their Religion and Goods. In the 12th. Section, that the Inhabitants of a Territory where the Lord of it is of another Religion, shall have liberty to remove, so (c) Nemo alienos subditos ad suam Religionem pertrahere eâve i● causâ in defensionem & protectionem suscipere; p. 42. that none endeavour to draw other subjects to his Religion, or for that cause to receive them into defence and protection. (d) Pa. 44. Also the Subjects of either Religion which in Anno 1624. Where a different Religion was not used 1624. Then Liberty of Conscience to be granted to the private exercise of it. had neither public nor private exercise of their Religion in any time of the Year appointed, and those who after the Year published in (e) Futuro tempore, diversam à Territorii Domino Religionem profitebuntur & amplectentur, patienter Tolerentur, & conscientia liberâ domi devotioni suae since inquisitione aut Turbatione privatim vacare, page 45. No Test here. aftertimes, possessed and embraced a Religion different from the Lords of the Territory, shall be patiently Tolerated, and with a free Conscience without disturbance, or Inquisition, shall exercise their Religion in their own Houses privately, and in the Neighbourhood, i.e. where their way of Worship is exercised, where and as often as they please, be present at the public exercise of their Religion, and shall send their Children to some Schools of their Religion, or have private Masters to instruct them; so that they in other (f) Incaeteris officium su●●a, cum debito obsequio & subjectione adimpleant. things perform their Offices to their Lords, in due obsequiousness and subjection, and give no occasion to disturbances, and that no subject of either Religion for the cause of Religion (g) Nullibi ob Religionem despicatui habeantur, nec à mercatorum, opisicum, aut Tribuum communione haereditatibus, Legatis, etc. multo minus publicis coemiteriis honoreve S●pulturae arceantur. p. 45. be despised, or be secluded from their Manufactures, Merchandise, or the Community of their Companies, their Inheritances, Legacies, Hospitals, places for Lazar's, Alms or other Rights or Commerce, much less from burying in Churchyards, or the Honour of Sepulture. Freedom to those that have not freedom of public exercise of their Religion to remove, and yet look after their effects. As to the Subject that neither had public or private exercise of his Religion the Year 1624. or that after the published Year changed his Religion, and of his own accord left the Country, or by the Lord of the Territory was Banished, It (h) Liberum ei sit aut retentis bonis aut alienatis discedere, retenta per ministros administrare, & quoties ratio id p●stulat, ad res suas inspiciendas. vel persequendas lights, aut bebita exigen●a, libere & sine literis commeatus adieu, pa. 52. shall be free for him, either retaining his Goods, or selling them, to departed, and to manage those he retains by his Servants, and so often as there is occasion to return freely, without any Pass, to look after them, or pursue his Lawsuits. In the 17th. Section: All public impugning of the Treaties forbidden. It is agreed, that the Magistrates of either Religion (i) Severè & rigorose prohibent ne quisquam publicè privatimve concionando, docendo, disputando, scribendo, consulendo hanc Transactionem Imp●gnet, dubiam faciat, aut assertiones contrari●s inde deducere conetur. Severely and Rigorously prohibit all public Preaching, Teaching, Disputing, Writing or Consulting to Impugn the Treaty of Passaw or the Religious Peace, and privately shall neither Impugn nor call into dispute the Treaty, or deduce assertions to the contrary, and what ever hath been Printed, Divulged or Published to the contrary, shall be void; and what doubts soever shall arise in the Diets, or other Imperial Conventions, shall be amicably transacted by the Nobles of either Religion. In the 18th. Section: Pa. 53. In the Conventions the Deputies of the Princes of either Religion to be equal. In the Conventions of the Deputies Ordinary of the Empire, the Nobility of either Religion shall be equal and in extraordinary Commissions concerning the Affairs of the Empire; if the matter be betwixt persons of the Augustan Confession, they only addicted to that Religion shall be deputed, and so of the Catholics; and if it be betwixt Catholics and Augustans, than the Commissioners to be equal. In the 19th. Section: It is ordered that in causes of Religion, and in all other things, where the State was divided in the points of Religion, all differences and suits should be ended by Amicable Composition, (k) Non attenta votorum pluralitate. and not by plurality of Vote. I might Transcribe the whole Treaty with some Advantage to the design of composing men's minds not to apprehend the danger of Resumption, and to show how the Germans have accommodated Matters, and live Amicably in the several professions of their Religion, with great advantage as to Peace and Concord, without Tests and Persecution for Religion. But I dare not lengthen this Letter too much, and so must refer you to the Treaty itself. Concerning the Nuncios Protestation, and the Pope's Bull against the Treaty. As to the Objection of the Nuncio's protesting, and Pope Innocent the 10th's. Bull against it; you may easily conceive, that it stood not with the Dignity, Honour, or Ecclesiastical Interest of his Holiness to give his open Assent to such an agreement as allowed not only such a public exercise of a contrary Religion, but spoiled the Church of such great and Opulent Archbishoprics, as Magdeburg (called the Metropolis of Germany) or that of Bremen, Erected into a Dukedom, or of the Rich Bishoprics of Osnaburg, Minden, Halberstadt, and Verdon, together with most of the Great Monasteries and Church-lands of the North part of Germany, which were swallowed up by the Reformed Princes. Tacit connivance of the Pope. Yet that there has been a Tacit Connivance or Confirmation of this, appears in that the Pope (l) Artic. n. 122. disturbs not the same; and in Anno 1657. Ten years after the said Treaty, the French King in the Treaty betwixt him and Spain, Styles himself a Confederate for the Maintenance of the Treaty of Munster, yet neither the Pope (who was Alexander the 7th. Nuncio at the Treaty of Munster) or his Plenipotentiary dissallowed the Title. The present Duke of Bavaria (m) Castlemain pa. 248. What Catholic Princes in Germany enjoy Religious Lands. as well as his Father Maximilian, not only enjoys the Revenues of several Abbeys, but have endowed new Colleges with some of the same Lands, and charged others with great Pensions, and all this with the Pope's positive consent. The Duke of Newburg also, that now is Palatin hath obtained a dispensation for what he and his Father possessed since Luther's time which belonged to the Church, and the Landgrave of Hess has obtained the like However since upon the account of these Treaties, That the Reformed Princes enjoy the Religious Lands notwithstanding the Pope's Bull prohibiting it. Therefore greater security here where confirmed by two Popes. betwixt the Empire, King of France and Sweden, with the Concurrence of the Catholic Princes of Germany, as well Ecclesiastical, as Secular, these so great Portions of Church-lands are enjoyed to this Day peaceably by the Reformed Princes and States, notwithstanding the foresaid Protestation and Bull of the Pope so directly dissallowing thereof. It is to me a very Convincing Argument, that we in England have no reason to fear any Resumption of such Lands when they are so well Confirmed by Act of Parliament, and have obtained the Confirmation of two Popes. Neither is it so new a matter, as some may imagine, that an Act of Parliament in England hath been here Judged valid, tho' it Diametrically thwarted a Canon of the Church, which is evident in the Statute (n) Stat. Merton. c. 9 of 20 H. 3. the words are. To the Kings Writ of Bastardy, whether one born before Matrimony may Inherit in like manner as he that is born after Matrimony; all the Bishop's answer, that they would not, nor could not answer to it; because it was directly against the common Order of the Church, See Fortescue de Legibus c. ●9. Selden Comment and Waterhouse Comment fol. 466. and 483. and all Bishops Instanted the Lords, that they would consent that all such as were born after Matrimony should be Legitimate as well as they that be born within Matrimony, as to the Succession of Inheritance, for so much as the Church accepteth such for Legitimate. And all the Earls and Barons with one voice answered, That they would not change the Laws of the Realm which hitherto have been used and approved. This is esteemed as good a Statute Law as any in the Printed Books or upon Record; and yet it is most evident, that the Church judgeth otherwise, as is apparent in the (o) Decret. Greg. Tit. 17. c. 1. Decree of Pope Alexander the 3d. Circa Annum 1159. 5ᵒ. H. 2. to which I refer you. SECT. VII. Whether Cardinal Pools Confirmation of Church-lands to the Possessors was delusory or not. IN the next part of your Letter you take up another of Dr. (a) Hist. Reformation lib. 2. p. 298. Burnet's Arguments, That Cardinal Pool's Confirmation was an Artifice, and the Point was carried by those who did not understand the true danger their Estates were in: But considered the present Advantages they were to have from the consenting to the Act. The Reason he gives for this Assertion is, because the Cardinal gave a charge to all to be afraid of the Judgement of God that fell on Balthasar for converting the Holy Vessels, which had been taken by his Father, and not by himself, to profane uses; which, saith the Doctor, was to pardon the thing, and yet call it Sacrilege; and that it was studiously designed to possess the People with an opinion of the sin of retaining Church-lands, so that the Confirmation might be looked upon as an Indemnity and Permission to keep them, rather than a Declaration that the Possessors had a Lawful Title. This you enforce from the Authority of (b) Letter to Dr. Burnet, one who assures us he had met with a Register of Cardinal Pool's Letters, and among them the two Breves, and the Letters that passed betwixt the Cardinal and the Bishop of Arras, who was afterwards Cardinal Granvil, and others that passed betwixt the said Cardinal, and the Cardinal de Monte, and Cardinal Morone and Soto the Emperor's Confessor, and some from Cardinal Pool to the Pope, and to King Philip. This Gentleman having said this (to gain himself credit with his Readers) proceeds to prove, that it was never intended to confirm the Alienation that was made of the Abby-Lands, and you having made an Abbreviation of what he there lays down to make a plausible proof, I shall Insert them justly. But because these require distinct Answers, that I may both show the Infidelity of the Author of this Letter, and the designed misapplication of the whole, you must give me leave to show, first in General, how the whole business was Transacted, and the Reasons of the method; and secondly discover the disingenuousness of the Author; and lastly exhibit the Summary of the Breves, and the words of the material parts of them. The Author of the Letter (c) saith, Pag. 6. That Cardinal Pool left Rome in November 1553. and was dispatched with general Powers as Legate, and afterwards, viz. 8. March 1554. the first of the Breves was sent him, which probably was an enlargement of the Powers given him at his first dispatch, and those, he saith, very probably carried more Grace and Favor than was intended or allowed of at first. To this I answer, he might have known that Cardinal Pool was returned from Rome long before November 1553. for he had taken up his Habitation at (d) 1o. Post initum Julii 3i. Pontificatum Anno etc. Polus, bona cum Pontificis Venia Roma excedere & in quietum aliquem locum se recipere cupiens, statuit Maguzanum secedere in coenobium quoddam Monachorum D. Benedicti Ordinis, quorum ipse Rome Patronus, atque ut illi appellant, Protector erat, remotum salubremque locum in agro Veronensi non procul à lacu Benaco positum. Duditius vita Card. Poli. p. 22. Maguzano a Monastery of the Benedictines, whereof he was Protector when the troubles begun in Italy by reason of the War betwixt the Emperor and France, soon after Julius the 3d. was chosen Pope about Anno 1551. There he received the news of the Death of King Edward the 6th. and the Assumption of Queen Mary to the Crown; upon which he dispatched a Gentleman, by Name Vincenzo (e) Vincentius Parpala homo magno rerum usu atque experientia praeditus. Id. p. 23. Parpaglia Secular Abbot of St. Saluto, to give the Pope notice of it, and to offer himself for the Spiritual Assistance of England; this Letter bears date from that place 7. August 1553. The Pope had about the same time received the same news, and motu proprio declared in Consistory Cardinal Pool Legat à Latere for England. The Breve of the Legacy (f) Pont. Maximus Polo Legationem in Angliam decernit, eique amplissimas facultates etiam creandi Episcopos tribuit, Idem p. 23. A. bears Date the 6th. of August. The Gentleman, whom the Cardinal had dispatched, met the Messenger, who carried the said Breve, about Bononia, and understanding his business, returned back with him to the Cardinal, who upon the receipt of it, sent his own Gentleman with new Letters to Rome, and removed in October from the Monastery (g) Iter mense Octobri [Anno 1553.] parat & Maguzano ad Insulam Benaci Lacus proficiscitur. Idem. pa. 22. B. to a Neighbouring place called the Isle of the Lake: So that it appears, that the Cardinal neither departed from Rome at first upon account of this Legantine Power, nor ever returned thither any more. As to the proceed of the Pope, the Emperor Charles the 5th. and Cardinal Pool in the business of the Reconciliation, the Marriage of King Philip with the Queen, and the security of Abby-Lands, from what we find in Dr. Burnet's History, Petro Soavo, Cardinal Pallivicino, our own Historians, and the Author of the Letter to Dr. Burnet, and what I have from the Relation of a Learned person, the matter was thus; The Pope's desire was principally the Reconciliation of the Kingdom to the Church of Rome; and it is not to be doubted it was his desire that this might be effected, so as a Restitution might be made of the Abby-Lands, and the losses that the Apostolic See had sustained since the Reformation, might be repaired, therefore it is not to be wondered at, that Cardinal (h) Letter to Dr. Burnet. The Reason why Cardinal Pools dispatch into England was so slow. Morone should Write to Pool 13th. of July, that the Pope was not yet determined in the business of Church-lands, but had spoken, very often very variously concerning that matter. Duditius gives a large account how the Emperor stopped the Cardinal at Dilingam a Town of the Archbishop of Augustane, the Reason of which the Cardinal not understanding, he resents it ill, as a great disadvantage to the Conversion of England: pag. 23.24. The Reason of all which was, that the Emperor Charles the 5th. having designed to Marry his Son Philip with Queen Mary, made use of the Lord Pagets assistance, as hereafter shall be shown, and the Emperor had an apprehension, that his design in this might be thwarted by Cardinal Pool, and the Lord Chancellor Gardiner. For when the (i) Hist. Reformation, Part 2. fol. 258. and 259. The Reason of the Emperors staying the Cardinal is thus expressed by Duditus. Queen sent Commendone (afterwards a Cardinal) to Rome, to give the Pope assurance of her Filial Obedience, and to move the Pope to send the Cardinal with a Legatine Authority: He that Writes the Cardinal's Life, Insinuates that the Queen had another design; for she asked Commendone, whether the Pope might not Dispense with the Cardinal to Marry, since he was only in Deacons Orders; the Lord Chancellor Gardiner, is also thought to have promoted (k) Caterum cupiebat Caesar, ut post●a Intellec●ium est, Philippo, ejus Filio Mariam Angliae Regin●m nub re. Quae res Anglis cum ●●rime probaretur, nec vero Caesar nescius esset quanti Polum Regina multique in Anglia Primarii homines facerent, cavendum st●●tuit, ne quam ejus adventus moram nuptiis afferret, pa. 24. A. Pools Pretensions to the Queen, since her Marrying a Subject, and not a Stranger, would have made the Government much easier and more acceptable to the People, and it would have been the best thing he could have done for himself; because upon that Match he might have probably obtained the Archbishopric of Canturbury. Edward (l) Dugdales' baronage, part 1. fol. 643. Courtn●y Earl of Devonshire, Son of Henry, Son of Will. Courtney Earl of Devonshire, and Katherine Daughter of Edward 4th. in regard of his Royal Descent, flourishing Youth, and courteous disposition, was also proposed as an Husband to Queen Mary. But my Lord (m) Idem part 2. fol. 391. An. 1549. Paget, one of the Executors of King H. 8th. who in the 4th. of E. 6th. was sent Ambassador to Charles the 5th. and the very next Year, accused as one of the Complices of the Duke of Somerset, sent to the Tower, bereft of the Ensigns of the Garter, and Fined 6000 l. Upon King Edward the 6th's Death he joined with the Earl of Arundel, to set up Queen Mary, and upon her being Proclaimed at London Rid Post to acquaint her with it. He apprehending the advantage would accrue by the Match of the Queen with Philip then Prince of Spain, Eldest Son to the Emperor Charles the 5th. so far prevailed, that the Emperor gave him full Power to Transact it with that Queen, and in one Afternoon he adjusted the matter with her, and having a good share of Church-lands, as well as several others, no doubt he did his utmost endeavours to get the Emperor to Insist upon the security of Abby-lands, when he was sent with Edward (n) Duditiu● vita Poli p. 26. Lord Hastings, Master of the Horse, about September 1554. to fetch Cardinal Pool as well as he had done formerly in his Negotiations with the Emperor, with whom joined William Earl of Pembroke, the Lord Russel, and Sir William Peter, and many others equally concerned in Abby-lands. When this Marriage was once agreed upon, the unfortunate Courtney was soon forbid the Court, to colour which, his pretensions to the Lady Elizabeth, and his Confederacy with Wyatt were alleged. The advantage the Emperor proposed to himself by the Marriage of Prince Philip to Queen Mary, and how this contributed to the confirming of Abby-lands to the Possessors. The Emperor having entertained the thoughts of this Marriage as of greatest advantage to him, by joining the great Kingdoms of England and Ireland to his House, whereby he might not only be assisted with Naval and Land Forces against France, but greatly assist his Netherlands by the Vicinity of England; studied all the ways he could to render the Match more acceptable to the English, and by the composing men's minds there, and gaining a firm security, that all might enjoy their Abby-lands, prevent all occasions of Rebellion, and the easilyer effect the Pope's and all Roman Catholics desires, to have the Kingdom of England Reconciled to the Church of Rome: He rightly apprehending, that if those Lands were secured, there would be no great difficulty to bring the Body of the Kingdom to return again to the Bosom of the Church, he having had large experience in his affairs of Germany, what obstructions the matter of Church-lands occasioned. By all this it is manifest to all unprejudiced persons, how much it was the Interest of the Emperor, King Philip, the Queen, and all her Subjects, to get those Lands sufficiently secured, that the Reconciliation might the easilyer be effected: And it is the most improbable thing in the World, that the Interessed persons would omit the due care to have them so secured, as they might neither be in danger of a Resumption from the Church or State. The Pope wrought upon by the Emperor to enlarge the Powers of Cardinal Pool. As to the Pope's increasing the Powers given to Cardinal Pool, pian piano, step by step, the Reason of it is very evident, since it might be rationally expected, that it was for obtaining the great end of the Reconciliation, that the Indulgences and Dispensations of of the Pope were granted, and it could not be foreseen at Rome, nor in the Emperor's Court, nor even in England at first, how much would satisfy; and that seems to me the evident Reason why the Emperor kept the Cardinal so long from passing to England, till all things were adjusted at Rome, and all satisfaction given in England in this as well as the Marriage. These things appear even by the Confession of the (o) Pa. 13. Author of the Letter to Dr. Burnet; for he owns, that it appears by the Breve the 10th. of July 1554. that the Pope in consideration of the Prince of Spain's being Married to the Queen of England enlargeth Pools Powers; an account of which the Cardinal sent to the Bishop of Arras by Ormanet, (p) P. 16. And Duditus vita Poli pa. 23. who was not Secretary as this Writer saith, but Auditor to the Cardinal; for Anthony Floribellus was his Secretary. The Bishop of Arras Writ to the Cardinal the 3d. of August following, that the Emperor would send to England to know the State of affairs there, which he thought must be done first before the Legate could go over. Also in the Letter from the Cardinal (q) Pa. 15. to the Pope, Dated from Bruf; sells, October 13th. 1554. he gives his Holiness an account, that he had told the Emperor, that tho' as to matters of Faith the Pope would slacken nothing, How far the Pope granted to yield. nor show any manner of Indulgence; yet in the matter of the Church-lands, in which the Pope was more at liberty, he was resolved to be gentle and Indulgent: And as to all the pains and censures that the Possessors had incurred, and the Rents that they had enjoyed (which were points of great Importance) he was resolved to use all sort of Indulgence towards them, and to forgive all; nor had he any design of applying any part of their Goods, either to himself or to the Apostolic See, of which some were afraid— and such regard the Pope had to the King and Queen of England, (r) Pa. 16. that he was resolved to grant, upon their Intercession, whatsoever should be thought convenient, to such persons as they should think worth gratifying, or were capable to assist in the design of settling the Religion. Yet it appears, The cautious proceed of the Emperor in proposing difficulties. that this did not fully satisfy the Emperor, who as our Author saith, Answered with new delays, and owned, that since the Goods were Dedicated to God, it was not fit to grant every thing to those that held them, and therefore tho' the Cardinal had told him how far his Power extended, yet it was not fit that it should be generally known. The Emperor (s) Pa. 17. further gave him to understand, that regard must be had to the ill dispositions of the parties concerned, since the Aversion that the English Nation had to the very name of Obedience to the Church, or to a Red Hat, or a Religious Habit, was so Universal, that his Son had been advised to make the Friars that came over from Spain with him, to change their Habits: But tho' he had done it, yet the danger of Tumults deserved to be well considered. It is worth considering how disengenuous an Inference, The disengenuous reflections made upon the Emperor's difficulties. the Author of the Letter makes from this, that the Cardinal intended only to grant a general discharge to all the Possessors of the Abby-lands for what was passed; but resolved to give no grants of them for the future, Note, the Queen did Intercede for all. except only to such as should Merit it, and for whom the Queen should interceded, and whose Zeal in the matter of Religion might deserve such a favour, and that the Emperor intended no more; and that he thought this should be kept as a great secret, when as he well knew, that the Powers, given to the Cardinal were of great extent, and that he fully executed them, as I shall make it appear when I Treat of the Breves themselves and of the Dispensation of the Cardinal pursuant to them: Having thus stated the matter of Fact I shall proceed to Answer the Objection more particularly, which you insist upon. First therefore, Objection Objection that only movable Goods were granted upon condition to restore the Lands. as to what Dr. Burnet saith, that the Cardinal in the Absolution, put them in mind of Balthasar, and the expression in the Breve of the 4th. of March 1554. Pope Julius the 3d. gave the Cardinal Power only to Agree, and Transact with the Possessors of the Goods of the Church; for the Rents which they had unlawfully received, and for the movable Goods, which they had consumed and for freeing and discharging them for them, they restoring first (if that should seem expedient to him) the Lands themselves that were unduly detained by them; and the Pope intended no security, but on those conditions. In Answer to this, I shall first give you the words of the Breve (t) Letter to Dr. Burnet. Ac cum possessoribus bonorum Ecclesiasticorum (restitutis prius, Si (u) The expression to be noted. tibi expedire videatur, Immobilibus per eos indebite detentis) super fructibus male perceptis ac bonis mobilibus consumptis concordandi, & transigendi, ac eos desuper liberandi, ac quietandi, etc. Here I desire you to consider, Answer Answered, first as to the moveables what was to be excepted, viz. Church stuff unchanged. that among the movables of the Church, two particulars are to be distinguished. First the Vessels Consecrated to the use of the Altar; such were Chalices, Patens, Crucifixes and such like: And secondly, the Rents and Profits received of the Lands, Tithes, or Pensions belonging to the Church: Concerning the first it is, that the Cardinal in his Admonition expresseth himself, that altho' he had released indistinctly to them that possessed them, all the movable things of the Church, yet he would have all admonished, that they having before their Eyes the severity of Divine Judgement against Balthasar (w) Stat. 1ᵒ. & 2ᵒ. Philip. & Mariae. c. 8. etc. should restore them to their proper Churches, if they were in being, or else to others. Now, the plain meaning of this is, only to admonish these who had such Vessels of Silver or Gold, or other Utensils or Church-stuff, as yet entire, undefaced, or melted down, should restore them to the Churches from whence they were taken; which surely was no ill Admonition, since God Almighty appointed the Censors of Corah, (x) Thuribula, etc. nam admoverunt illa coram Jehova; Ideo sancta sunt. Num. c. 17. V 3. Dathan and Abiram to be made Plates of, for the Altar, because they were offered before the Lord, and therefore were Holy. If therefore the Censors of such Sinners were holy; can any imagine, that the Cardinal would not Judge the Chalices, etc. such? Secondly, As to the clause of the Breve, I shall presently show how much that Power was enlarged by those that follow, and even in that it is left to the Cardinal's discretion, to do it if he thought it expedient, which by the Faculties he had after, was not required of him, and so he most absolutely acquitted all of them, as will appear by the Dispensation itself. From hence we may judge the Enviousness of the (y) Pa. 7. expressions of the Author of the Letter to Dr. Burnet, that the discharging what was past, The envious expressions of the Letter to Dr. Burnet. might have been done by Cardinal Pool, before or after Restitution as he pleased; but Restitution was still to be made, and he had by these Powers no Authority to confirm the Alienations that had been made by King Henry the 8th. for the time to come, and of that of Dr. Burnet, (z) Hist. Reformation 2. §. p. 298. Dr. Burnet's frivulous Inference. concerning the Lands in general, that when Men were near Death, and could no longer enjoy the Lands themselves, it was not to be doubted but the Terror of Sacrilege and the Punishment due to it, with the hope of that relief, and comfort, that Soul-Masses might b●ing them in Purgatory, would prevail with many of them to make at least great, if not entire, Restitution; or that of his (a) Letter to Dr. Burnet. pa. 5. Colleagues, that it was most likely that if a Priest came to tell them a frightful Story of Purgatory, and did aggravate the heinousness of Sacrilege, they would easily be wrought upon to take care of themselves in the next World, and leave their Children to their shifts in this, and that every fit of sickness, or (b) Idem pa. 11. cross accident, would by the Priest's Rhetoric look like the beginning of the Curse which fell upon Ananias and Saphira, etc. Whereas I shall make it appear, No reason for such scruples. that Roman Catholics, by the Pope's Dispensation, think themselves acquitted in foro conscientiae, and for Protestants I think they entertain no such scruples: Since all that Sir Henry (c) De non Temerandis Eccles●is. Spelman hath Writ in his Book, that Churches are not to be violated, hath hitherto made no very great number of Converts, tho' it hath been Reprinted five times. But these two Gentlemen are so desirous, that nothing may be restored to Religious Houses, yea or to Parish Churches, that they number it among the designs form to recover (d) Letter p. 5. Concerning the Repeal of the Statute of Mortmain. Abby-lands, that the Statute of Mortmain was repealed for Twenty Years, which Statute, saith he, was a restraint upon profuse endowments of Churches, and the suspending of it, for so long a time, gave the Monk's scope and Elbow room, that in that time they might hope the most part of them would be restored. I shall not enter upon the considerations, that induced that Statute to be made; the principal of which was, that Lands given to Religious Houses, etc. were exempt from several burdens payable for the support of the Public, so that the more were given, the less assistance the Crown would have in Personal Service or Aids. But when it is considered how vast a Portion of the Patrimony of the Church was swept away and annexed to the Crown in King Henry the 8th's. and King Edward the 6th's. days; we are not to wonder if the Statute of Mortmain was dispensed with for such a time, that the Subjects might be left at liberty to restore to Parishes or Religious Houses what they were inclined to, without prohibition: But as it effected no great matter, and was so few Years in force, it argues more spightfulness than Real sense of prejudice, for any from those twin Authors once to insist upon it. I now proceed to the consideration of the previous Breves which the Author (e) Pa. 9.10. of the Letter to Dr. Burnet mentions, and makes his Comment upon: And so boldly affirms, The disingenuous. that the whole Transaction was a public cheat put upon the Nation, or at least on the Possessors of the Abbey lands; Inferences of the Author of the Letter to Dr. Burnet. since it neither granted them a good Title in Law, (he means the Canon Law) or gave any security to their Consciences in enjoying that which according to the Doctrine of the Church of Rome is plain Sacrilege— and that it is plain by the progress of this matter, that the Court of Rome never intended to confirm Abby-lands; for all that was done by Pool was only an Artifice to still ●ens fears, and to lay the clamour, which the apprehension of the return of Popery was raising, that so it might once enter with less opposition, and then it could be easy to carry all lesser matters when the great Point was once gained. I shall now therefore show the Insincerity of this Author and the legal force of these Breves, and the Act of Parliament persuant to them. First he tells us out of the (f) Idem pa. 8. New Breves obtained with larger Powers. Register, that the Limitations in the former Breve, viz. the 8th. of March 1554. were so distasteful, both in England, and at the Emperor's Court, that Pool found it necessary to send Ormanet to Rome for new Instructions, and fuller Powers, and Addressed him to Cardinal de Monte for procuring them; Ormanet was dispatched from Rome in the end of June 1554. and came to Pool by the end of July, as appears by the Date of Pools Letter to the Cardinal de Monte, which is the 29th. of July, upon the receipt of the two Breves that Ormanet brought him, bearing Date the 26th and 28th of June 1554. How the Powers of the first Breve are concealed by the Author of the Letter to Dr. Burnet. The first of these, saith the Author, is only matter of Form, empowering him to Act as a Legate, either about the Emperor, or the King of France, in as ample manner, as former Legates had done; so he gives us no Transcript of that, whereby his Insincerity is most manifest; for the words relating to this affair in that Breve are very material, which I shall give you Transcribed from the Register by a Reverend person in whose Possession it is at present. The Breve. (g) Registrum Negotiationum Cardinalis Poli. At licet te multis & quidem amplissimis facultatibus, quibus etiam in partibus Flandriae exist●ns, quoad personas & negotia Regni Angliae uti possis; per diversas nostras, tam sub plumbo quam in forma Brevis confectas literas munivimus, prout in illis plenius continetur: Quia tamen ob Schismata & alios errores quibus dictum Regnum diutius infectum fuerit, multi casus potuerunt contingere qui provisione per dictam sedem facienda Indigebunt, & sub dictis facultatibus velut Infiniti, & inexcogitabiles, comprehendi nequiverunt, & insuper à nonullis, haesitatur an à Facultatibus hujusmodi, etc. Nos de tuis, Fide, Pietate, Religione, Doctrinâ & prudentiâ in Domino, bene confidentes, & volentes omnem in praemissis haesitandi materiam amputare! Circum spectioni tuae, ut ubicunque fueris, etc. Legationis tuae hujusmodi durante, omnibus & singulis tibi concessis, & in posterum concedendis facultatibus quoad personas, & Regni negotia, & Insularum & Dominiorum hujusmodi, per te vel per alium, aliquem, juxta ipsarum facultatum continentiam, & tenorem uti, ac omnes & singulos quae tibi per Omnipotentis Dei ac nostro & ejusdem sedis honore, nec non Regni, Insularum, & Dominiorum praedictorum ad sanctae Ecclesiae Communionem reductionem, ac personarum in illis existentium animarum saluti expedire Judicaveris, etiam si ea, in generali mandato, & facultatibus tibi alias concessis non veniant; sed spec●alem expressionem, & mandatum magis sp●ciale requirant, dicere, facere, exercere, & exequi & Apostolica Autoritate tenore presentium concedimus, & Indulgemus, & facultates tibi concessas praedictas ad haec omnia extendimus: Non obstantibus, etc. The Breve Englished. In English thus. Although we have Impowered thee with many, and those most ample Faculties by divers of our Letters, as well made under Lead as in the Form of Breves, which while thou Residest in Flanders, thou mayest use, as well to the Persons as to the Affairs of the Kingdom of England, as it is more fully contained in them. But by reason of the Schisms and other Errors with which the said Kingdom hath been long Infected, many cases may happen which may need Provisions to be made by the said See, and being as it were Infinite and not to be before thought of, cannot be comprehended under the said Faculties, and likewise it is doubted by some, whether thou be Impowered by the same Faculties, etc. We in the Lord well confiding in thy Faith, Piety, Religion, Learning, and Prudence, and willing to cut off all cause of doubting in the premises to thy circumspection where ever thou art, etc. During this thy Legation, give thee Power to use by thyself; or any other, according to the Contents and Tenor of the said Faculties all and singular the same already granted to thee, or to be granted to thee f●r the Persons and Affairs of the Kingdom, and the Isles and Dominions of the same, and to Pronounce, Do, Exercise, and Prosecute, all and singular things which for the Honour of Almighty God and ours and the said See, as also for the Reduction of the said Kingdom, Isles and Dominions to the Communion of the Holy Church, and the health of the Souls of the persons living in the same, thou shalt think expedient altho' they fall not within the general Command and Faculties otherwise granted to thee, but require special Expression and Command, and by Apostolical Authority, by the Tenure of these Presents, we Grant and Indulge, and Extend to all these the foresaid Faculties granted to thee, etc. Can any one that Reads this Breve be so ignorant as to think this contained matter of Form only? whereas on the contrary it rather Imports a General and Unlimited Power given the Cardinal, to grant every thing that tended to the Honour of God, the Pope, etc. which in the Opinion of all Roman Catholics nothing could more effectually do, than the reducing the Kingdom, etc. to the Communion of the Catholic Church. The second Breve of the 28th. of June, being to be found, (h) Letter to Dr. Burnet. Printed at length in the said Letter, I shall not Transcribe the Latin, but only Translate it, the Tenor follows. Whereas in the late Months bypast, The Breve of the 28th. of June 1554. hope was given us, by God's Mercy, and the great Religion and Piety of our dearest Daughter in Christ, Mary Queen of England, that the most Noble Kingdom of England, which very long, by the Impiety of some was torn from the Body of the rest of the Catholic Church, would be reduced to the Union of the said Catholic and Universal Church, without which Salvation can be to none; therefore we destiny thee to the said Queen Mary, and to all that Kingdom, as Legat à Latere of us and the Apostolic See, as an Angel of Peace and Concord, by the Counsel and Unanimous assent of our Venerable Brethren the Cardinals of the Holy Roman Church; and have Impowered thee with all the Faculties which we have thought necessary to the effecting so great a business, or are any way seasonable for it; and among other things have given Authority and Faculty to thy Circumspection, to Accord, and Transact with the Possessors of Ecclesiastical Goods; concerning all the Fruits unjustly received, and the Movable Goods wasted, and them to free and acquit when it can be done, as in our Letters thereupon made it is more fully contained. Whereas for these beginnings, which by the Industry and dilgence, and right and constant mind to God of the said Mary, and in that matter by thy co-operating Study and Counsel, the foresaid work of Reduction in the said Kingdom to this Day hath, and the perfection of the said Famous work is daily more to be hoped; and the matter may be known, thereby to have more easy progress, so much the more, as we show hope of Apostolical Benignity and Indulgence in the Possessions of the Ecclesiastical Goods occupied by the Men of that Province in the confusion of the late times. We not willing for any Earthly respects to hinder such a recovery of a Nation, the most beloved of us in Christ, after the custom of an Holy Father towards Sons of us and the Holy Catholic Church, after a long time of dangerous Travel abroad, meeting them that look back and return, with a wished Embrace: In whose excellent Virtue, singular Piety, Learning, Wisdom and Dexterity, we having in the Lord full trust, at thy own Arbitrement by our Authority, give thee full Power of Treating, Agreeing, Transacting and Compounding with whatever Possessors or Detainers of Ecclesiastical Goods, as well Movable, as in the said Kingdom; for whom the said most Serene Queen Mary, shall Intercede and give the full and free Apostolical Authority by the Tenor of these Presents, and of certain knowledge to dispense with them, that they may retain the said Goods without any scruple for the future, and of concluding, and doing all and singular other things which in these and about these are any way necessary and seasonable; saving however in these matters, in which for the greatness and the weightiness of them this Holy See of due may be thought by thee to be consulted, our and the said Sees good Will and Confirmation, notwithstanding the Letters of Pope Paul the 2d. our Predecessor of happy Memory, of not Alienating church-good, unless by observing a certain Form, or any other Apostolical Edicts, General or special Constitutions and Ordinations in Provincial or Synodal Councils, or any Oath, or Apostolic Confirmation of any Churches, Monasteries, or other Regular or Holy Places, or by any other Firmness corroborated, Foundations, Statutes and Customs, having their Tenors sufficiently expressed, to the contrary whatsoever. The insincerity of the Author of the Letter to Dr. Burnet. From this Breve the Author of the Letter would Insinuate, that the Salvo took all away, and vacated all the Concession of the Pope, to make which the more probable he renders the Salvo thus, that he reserves all to the Pope's Confirmation and good pleasure in all those things that were of such Importance, that the Holy See ought first to be consulted by Pool; which even as this Translator renders it, may but seem a necessary Reservation, because some matter of great Importance, might require it; but as it is in the (i) Haec sancta sedes merito tibi ●ideretur conjulenda. Breve it is onlly in such things as should to the Cardinal se●m fit, that the Holy See should be consulted; and I have not yet Read that the Cardinal found any further cause to consult the Pope, or obtain greater Powers: For he makes the dispensation general without any such Reservation, and it is well known that when the Emperor and Granvillanus Bishop of Arras, afterwards Cardinal, understood this Breve was sent, they said if they had known the extent of it, they had not Importuned the Pope any further, and our Friend of Dr. (k) Pa. 14. Burnet's saith, that by Ormanets Letter it appears, that these last Powers gave the Emperor full satisfaction, and were not at all excepted against; only Granvillanus made some difficulty in one Point; whether the settlement of the Church lands should be granted as a Grace of the Popes, by the Cardinal's hands Immediately to the Possessors, or should be granted to Philip and Mary, and by that means to the Possessors; for it seems, saith he, it was thought a surer way to engage the Crown to maintain what was done; if the Pope were engaged for it to the Crown, with which he would not venture so easily to break, as he might perhaps do with the Possessors themselves: But, continues he, Ormanet gave him full satisfaction in that matter, for the manner of settling it being referred wholly to the Cardinal by his Powers, he promised he would order it in the way that should give the Nation most content. Having thus removed all the difficulties I have met with, and the objections against the fullness of Cardinal Pools Powers granted by Pope Julius the 3d. It is full time to consider the Transactions of the Cardinal in order to his Execution of the same Powers, to the quieting of the Possessors Consciences, and securing them from all Ecclesiastical censures. SECT. VIII. Cardinal Pools confirmation of Abby-lands, to the present Possessors, and the Act thereupon. BEfore I give you an account of the Act itself, I think it necessary to show the Cardinal's Progress towards the Reconciliation, which was the Foundation of the Confirmation of the Abbey and Chantry Lands given to King Henry the 8th. and Edward the 6th. by the respective Acts of Parliament; which Relation I extract out of Duditius in his Life of Cardinal Pool, an Author I shall have occasion to mention hereafter. (a) Duditius p. 26. A. B. He had been attainted by Act of Parliament and that was taken off two days before viz. 22. Novem. In September 1554. in the Company of the Lord Paget and Hastings, (sent by the King for that purpose) Cardinal Pool arrived at Calais, and there met six of the King's Ships sent for him. At Dover the Bishop of Ely and the Lord Montacute met him, and at Gravesend the Bishop of Durham and the Earl of Salisbury, who brought with them the Act of Parliament for his Restitution under the Broad Seal. Then he took Shipping, and by their Majesty's appointment had the Silver Cross (the Emblem of his Apostolic Legatship) placed in the fore Deck of his Vessel, and accompanied with many Boats and Barges he came to the Court; the (b) Id. p. 27. The Reception of the Cardinal. Bishop of Winchester, Lord Chancellor met him at the Shore, and presently the King also, and the Queen received him at the top of the Stairs. Having stayed some while with their Majesties, he was by the Bishop of Winchester and several Nobles conducted to L●mbeth, which the Queen had caused to be Richly furnished for his Reception. After three Days he waited on the King, who met him out of his Bedchamber, bringing a bundle of Letters directed to him, lately brought from Rome, and with them the Pope sent an (c) Cum eoque Pontisex Facultatum Legati Amplisicationem miserat quae maxime expetebatur Id. p. 27. b. Amplification of his Powers, which was greatly desired saith my Author, by which expression it is manifest, that this Bull was satisfactory. The Day after the King gave a visit to the Legate; and there they had Conference, how the Kingdom of England might be revoked to the Unity of the Church. The Cardinal's Speech to the Houses. The next Day the Cardinal came to the Parliament, and Lord High Chancellor made a Speech to the Houses, letting them know how the Cardinal was sent as Legate from the Pope to their Majesties and all the Kingdom of England; and having explained to their Majesties the Commission of his Legatship, in the Audience of all, The Cardinal in the English Tongue made a long (d) Has viz. Leges quod ill● abrog●sse●t, iis sese pro tamo benefi●●o grati●s ag●●e●e● & bab●tu●um semper, quantas possit maximas, atque hoc quidem Beneficium eo sibi contigisse gratius, quod facultatem sibi praeberet, vicissim illis Inservi●●i intanta re, & causâ quae tantopere ad eorum incolumitatem & s●lutem pertineret, seque Illuc propterea venisse at quemadmodum ab illis in terrenam patriam, & nobilitatem Restitutus ipse fu●rat, ita rursu● eos in coelestem Patriam, a● Nobilitatem Rest●turet, qua ipsimet sese tum privassent, cum ab Ecclesiae unitate desciverant. Idem. p. 27. b. Oration, thanking them for the taking off the Laws that hindered him from entering the Kingdom, and this favour he ●●●d was the more acceptable to him, in that it gave him a Power, on his part, to serve them in such a matter and cause, which so greatly appertained to their safety and Salvation: That he came thither for that cause, that as by them he was restored to his Earthly Country, and Nobility, so on his part he might restore them to their Heavenly Country and Nobility, which they had deprived themselves of, when they departed from the Unity of the Church. Then he remembered them what Calamities they had undergone, how great a Benefit by the great bounty of God was proposed to them, and how great benefits in all times, especially from the Apostolic See, were afforded them, that they might at length acknowledge the Errors of former times, and truly and from their Souls detest them, and exhorted them, that with all alacrity of Soul, they would receive and studiously retain the benefit, that God in the Name of his Vicar by his Legatship had brought to them. That it now remained that since he was come, and brought the Keys by which he might open the Doors of the Church to them, and as they had opened a Passage to him into his Country, by abrogating the Laws which shut him out, so on the other side he desired they would abolish all Laws which were made against the Apostolic See, by which they were wholly cut off and torn from the rest of the Body of the Church. While the Legate spoke these things, all heard him with great attention and silence, and many often lift up their hands that one might observe they were much moved, and received no small Edification by the Speech of the Legat. Then the Chancellor, in the Name of the King and the whole Parliament, gave the Legate thanks, and told him that they would deliberate among themselves of those things he had spoken. The resolves of the Parliament conformable to the Legates Speech. The Legate being withdrawn into the next Chamber, the Chancellor made a Speech to the Parliament, relating the sum of the Legates Speech, and acknowledging, that he himself was one of those that had fallen; and admonished them how great the benefit of God to them was, that all might again arise and exhorted them to receive the pardon offered them. At the next meeting, the Day after, (e) Cum de eo relatum esset, ut ad Ecclesiae unitatem rediretur. Id omnes mirifica consensione approbarunt. all with a wonderful assent yielded to return to the Unity of the Church. The Legates appearance at the Parliament on the day of the Reconciliation. The Day following, being St. Andrews Day, the Parliament assembled, the King sent the Earl of Arundel, High Steward of the House, and six other Noblemen, Knights of the Garter, and as many Bishops to bring him to the Palace, where the Houses convened. The Legate was Apparelled with the Ornaments accustomed, and had all the Ensigns of his Legatship, and was received with much Honour by their Majesties. The Lord Chancellor declared what was done the day before, and asked all present whether they would confirm them, and (f) ipsorum nomine venia peteretur & ad Ecclesiae unitatem ac Pont. Rom. supremi ejus capitis obedientiam rediretur. Id ●unctis, magno clamore, assentientibus. in their Names that pardon should be asked, and whether they would return to the unity of the Church, and the Obedience of the Pope, Supreme head of it. To this every one with a great noise assented. The Petition of the Houses for Absolution. Then the Lord Chancellor delivered their Majesties the Petition of the Houses, in which they all declared their Penitence for their bypast Schism, and for all things which they had admitted against the Apostolic See and the Church of Rome, and they professed as much as in them lay, in that very Parliament to disannul all those Laws which were made against the Authority of the Apostolic See and Church of Rome, and prayed their (g) Reges ipsos oraeb●nt, utpo●e quos Deus ab ●ac labe puros a●que Int●gros conservasse●, veniam sibi à Pont. Max. per ejus L●ga●um Impetrarent, ut in gremium ma ris Ecclesiae, ta●quam Filii reciperentur, quos eorum o●anium, qu●e in ●llam an●e● deliquissent vere atque ex animo poeni●eret; u●que ejusdem corpori, à quo divulsi fuerant, velut Germana & viva membra rursus agglutinarentur. Majesties, whom God had kept pure and whole from that stain, to entreat Pardon for them from the Pope by his Legate, and that he would receive them as Children into the bosom of the Church, repenting them truly and from their Souls of all things wherein they had sinned against it, and that he would conjoin them again as Brotherly and living Members, to that Body from which they were torn. The Queen desires the Cardinal to grant it. When their Majesties had Read this Petition, they gave it again to the Lord Chancellor, who Re●d it aloud, that all might hear it, and their Majesty's arising moved towards the Legate, who readily met them, and the Queen both in her own and the King's Name, desired that according to the Petition he would grant Pardon to the whole Kingdom, and would gather it again to the Unity of the Church. The Cardinal's Powers Read. Then the Legate, after all were seated, caused to be (h) Read the Bulls and Breves and Powers which appertained to his Legatship, (i) Recit●ri juss●● quae ad L●ga●io●em & facultates per●inebant. ●ullam vocant & Br●via. The Cardinal's Speech. which being done he made a Speech, and told them how they ought to return Eternal praise to the Everlasting God, who had given them such eminent helps to amend their Errors and plainly had declared that he had a special care of that Kingdom, even as in old times of the Church, he had bestowed such favours on the English, that they, the first of all others, having left the Errors of the Gentiles, had with public consent embraced the Worship of the True God, so now he had afforded that Grace to them, when they had disjoined themselves from the Church, that they the first of all others, should acknowledge how greatly they had offended, and if (i) Quod si eos vere, atque ex animo poeniteret, quantum gaud●i putandum esse capere Angelos ex tanti populi tamque Ampli Regni conversione, quibus vel unius peccatoris poenitens animus incredibilem afferre laetitiam soleret? Haec, atque alia permulta cum Legatus diceret, visi sunt omnes vehementer commoveri. they truly, and from their Souls were Penitent, how much joy was it to be thought the Angels would have, at the Conversion of such a People, and so great a Kingdom, when as the Penitent Soul of one Sinner, did wont to bring such ineredible joy to them? While the Legate spoke these, and many more things to them, they all seemed to be much moved, saith my Author. Then the Legate (k) Tum surrexit ipse, & cum omnes in genua procubuissent; universos, Anglice loquens, A●solvit: ac dum il●e Absolution●m tribueret, Reginae & plerique aliis, prae gaudio summoque pic●atis studio obortae sunt Lachrymae; omnesque, absolutione peracta, amanter inter se Ample cabantur; atque haec verba saepius usurpantes, hodie renati sumus, mutuo gra●ulab●ntur. arose and when all had kneeled on their Knees; in English he absolved them all, and had scarce Pronounced the last words in the Name of the Father, Son and Holy Ghost, before all, with one Voice, said Amen, Amen, and while Absolution was giving, the Queen, and several others out of their great ●iety wept for joy, and the Absolution being passed, they embraced one another, and mutually rejoiced, often expressing themselves, that that day they were born again. Thence they went to the Chapel Royal, and Te Deum was Sung. Thus I have given you faithfully what my Author (present no doubt at the Action) hath given an account of. You may in Mr. Fox see the Letter writ by King Philip to the Pope, giving him an account of that Days performance, Dated on St. Andrews Even, November 30. 1554. and another from the Cardinal Dated ult. November. I shall now acquaint you with what I find in the Journal of the House of Commons relating to this business, whereby the truth of Duditius his Relation will the better appear. An account of these matters out of the Journal of the House of Commons. November 19th. The Master of the Rolls and Mr. Solicitor brought from the Lords the Bill to Repeal the Attainder of Gardinal Pool, made 31 H. 8. and it was Read the second time that day. November 20th. The Bill to Repeal the Attainder of Cardinal Pool, was Read the third time, and Assented to. November 21 the same Bill was sent to the Lords, and Mr. Treasurer declared that the King and Queen would be to Morrow Afternoon in the Parliament House, to give their Assent to the said Bill. November 22. About three a Clock Afternoon in the Parliament Chamber the Royal consent was given to the Bill for Cardinal Pool, and so made a perfect Bill. November 27. Mr. Secretary Peter declared the King and Queen's pleasures to be, that the House be to Morrow at the Court, to hear a Declaration by the Lord Cardinal of his Legacy. November 28 Mr. Speaker Declared the Legacy of the Cardinal, was to move us to come again to the Unity of the Church from which we were fallen. The Master of the Rolls and Mr. Solicitor declared from the Lords, that they had appointed the Lord Chancellor, four Earls, four Bishops, and four Barons to confer with a number of this House, who Immediately were sent unto them. The Lords aforesaid, together with the Commons of the House appointed, devised a Supplication to the King and Queen's Majesties, which was here Ingrossed and agreed by the House to be presented to the King and Queen, whereby the Realm, and Dominion might be again united to the Church of Rome, by the means of the Lord Cardinal Pool. Vltimo Novemb. This Afternoon, before the King and Queen's Majesty at the Palace, the Lords and Commons being present, the Supplication was Read in Latin, and exhibited by their Majesties to the Lord Legat, who making and Oration of the great Joy for the return of lost Sheep, did, by the Pope's Holiness' Authority give Absolution to the whole Realm, and the Dominions of the same. December 4th. Mr. Attorney and Mr. Solicitor, brought a Bill (viz. A List of Names) of divers of the Upper House, requiring a number of this House to confer with them, etc. Which Immediately were named, viz. the whole Council of the House (that is, all the Members of that House who were of the King and Queens Privy Council) and Twenty one Knights and Burgesses sent up to the Lords. On St. Stephen's Day, Mr. Sergeant Dyer, and Mr. Solicitor brought from the Lords the Bill to Repeal certain Acts touching the Supremacy, which was Read next Day, and the second time Read, 29th. December. Upon the last of December, there were Arguments touching the Bill of the Supremacy; and upon the 2d. of January, Arguments upon the same Bill. The same Day is thus entered the great Bill touching the Repeal of Acts against the See of Rome, and Assurance of Abby-lands and Chantry Lands Read the 3d. time, and Assented to. By this Journal it appears, that the Reconciliation was first performed, before the Bill for the securing of Abby-lands was perfected in the Houses: So that all the Members of both Houses being absolved, in the Name of the whole Realm, there could be no Objection against their unqualifiedness by any Church Censures, to pass that Bill, which is of no small moment to be considered. Whence you may Judge concerning what Mr. (l) Marty. part 3. fol. 113. Fox Writes, That about the time of the Absolution, a Messenger was sent from the Parliament to the Pope, to desire him to Establish the Sale of Abbey and Chantry Lands; for the Lords and the Parliament would grant nothing on the Pope's behalf, before their Purchases were well secured. As to a Messengers sending, no doubt several dispatches, were made to and from Rome during this Transaction, but I cannot conceive that in so short a time a Currier could go and come from Rome, and bring new Powers to the Cardinal, yet I will not insist upon that. But I believe he Writes truly, that what preparation soever was made, by Debates, Conferences, etc. concerning the Repeal of other Laws against the See of Rome, they never passed into Bills, till the Bill for securing Religious Lands was perfected. Hence we may conclude the Reason why the Solemn Procession, related in Mr. Fox was not till the 25th. of January, after this Parliament was Dissolved, which was on the 16th. of the same Month, which Procession, (m) Hist. Reformation, part 2. fol. 300. Dr. Burnet saith, was to thank God for the Reconciling them again to the Church: And to keep up a constant remembrance of it, it was ordered that St. Andrews Day should be still observed as the Anniversary of it, and be called the Feast of the Reconciliation, and Processions, with all the highest Solemnities they at any time use, were to be on that day. Duditius tell us, That there was every where great (n) Vita Cardinalis Pol. p. 30. De Angliae ad Pristinam Fidem reditu magna ubique gratulatio facta est, magnaque laetitiae significatio. Omnibus locis supplicationes decretae, ac meritae Deo gratiae actae sunt: Praeterea Julius III. Pont. Max. amplissimum Jubilaeum promulgavit. rejoicing for the return again of England to the ancient Faith, and great expressions of the joy: In all places Prayers being decreed, and due Thanks returned to God. Besides which, Pope Julius III. published a most ample Jubilee upon that occasion. And there was good reason for it in all the Territories of the Roman Catholic Communion that had any regard for England, since it was the greatest revolution of that Age; and no less to be wondered at, than that K. Henry VIII. could suppress so many Abbeys in such a way as he did. Having given you this prospect of the conduct of this great affair, I come now to the Act if self, which in Pulton is entitled, All Statutes against the See of Rome repealed. The Act wherein Abby-Lands are confirm'dto the Possessors. 1 & 2 Ph. & Mar. 6.8. The first supplication for reconciliation. Repeal of several Statutes, according to promise. The Act first recites, That much false Doctrine had been preached and written since the 20th. of King Henry VIII. How Cardinal Pool was sent from Rome, Legat de Latere, to call the Realm into the right way from whence it had strayed. Then relates at length the supplication of the Parliament to the King and Queen, to be a mean to reduce them into the Catholic Church, by their intercession with the Legat-Cardinal; for which I refer you to the Statute. Then immediately follows a Repeal of all Statutes made against the Supremacy, and See Apostolic, since the time of the Schism; in accomplishment of their promise made in their supplication. Upon which, at the intercession of their Majesties, by the Authority of their holy Father Pope Julius III. and of the Apostolic See, they were assoiled, How they were absolved. discharged and delivered from Excommunications. Interdictions, and other Censures Ecclesiastical, which had hanged over their heads for their said defaults, since the time of the said Schism, mentioned in their supplication. Second supplication for taking away all occasion of contention. Then follows another supplication to their Majesties, That all occasion of contention, hatred, grudge, suspicion, and trouble, both outwardly and inwardly, in men's consciences, which might arise among them by reason of Disobedience, might by Authority of the Pope's Holiness, and by ministration of the same unto them by Cardinal Pool, by Dispensation, Toleration, or Permission respectively, as the case shall require, be abolished, and taken away. After some other things, follows in these words: Concerning Abby-Lands, etc. Finally, when 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, Chantries, Colleges, and all other the Goods and Chattels of Religious Houses, since the which time the Right and Dominion of certain Lands and Hereditaments, goods & Chattels 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 Laws and Statutes of the Realm for the time being) have the same: For the avoiding of all scruples that might grow by any of the occasions aforesaid, or by any other ways or means whatsoever, The Petition of the two Houses to the K. & Q. to be Intercessors to Card. Pool to confirm Abby-Lands. it may please your Majesties to be Intercessors and Mediators to the said most Reverend Father Cardinal Pool, that all such causes and quarrels, as by pretence of the said Schism, or by any other coccasion or means whatsoever, might be moved by the Pope's Holiness, 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 Chattels, may without scruple of conscience enjoy them, without Impeachment or Trouble, by pretence of any General Council, Canons, or Ecclesiastical Laws, and clear from all dangers of the Censures of the Church. Before I proceed further, I think fit to note, That by the consent of both Houses it seems clear, that they looked upon those Lands to be well secured, according to the Laws of the Land; which appears, because I find in the Journal of the (p) Second Parliament 1ᵒ. Mariae. Bill prepared before the Cardinal's arrival. Commons House, That upon the 25th. of April, 1555. a Bill was engrossed, that Bishops should not convent any person for Abby-Lands; and the next day I find the Bill passed their House. that the Bishop of Rome, nor any other Spiritual Person, shall convent any person for Abby-Lands. So that what is to be cleared, is, that for removing of scruples of conscience, and preventing the causes and quarrels moved by the Pope, See-Apostolic, or any other Ecclesiastical Jurisdiction, there was effectual course taken. The Clergy in Convo●ation petition that the Lands may be confirmed. Therefore, because that part in the Act is put in Latin, whereby every Reader of it doth not, or will not, observe the force of it, I shall render the most material passages of it into English. First, the Bishops and Clergy in Convocation present their supplication to the King's and Queen's Majesties, showing, That they (viz. the Clergy) were the Praefects of the Church, The Clergy petition, & show their duty by the Canons, is to preserve the Goods of the Church. and the care of Souls was committed to them, and they were appointed Defenders & Curators of the goods, Jurisdictions, and Rights of the said Churches by the dispositin of the Holy Canons: Therefore they ought with the remedies of Law to recover to the ancient Right of the Church, the Goods, Jurisdictions, & Rights of the Church, (q) de per●●●● am●●●a. spent, or lost in the late pernicious Schism. The reasons why they desire their confirmation; as preferring public Peace before private commodity. Nevertheless, having had among themselves mature counsel and deliberation, they do ingenuously confess themselves best able to know how difficult, and as it were impossible, the recovery of the Goods of the Ecclesiastics would be, by reason of the manifest, and almost inextricable Contracts and Dispositions had upon them; and if those things should be questioned, the quiet and tranquillity of the Kingdom would be greatly disturbed; and the unity of the Catholic Church, which by the Piety and Authority of their Majesties was introduced into the Kingdom with greatest difficulty, could obtain no due progress, or finishing. Therefore, preferring the public quiet before private commodities, and the health of so many Souls, redeemed with the precious Blood of Christ, before earthly Goods, not seeking their own Profit, but the things of Jesus Christ: They earnestly request, and most humbly supplicate their Majesties, in their names to communicate these things to the Legate, and vouchsafe to intercede, Here note, by Goods [Bona] in the Canon-law, all Lands, as well as Chattels, are comprehended. That concerning these Ecclesiastical Goods (in part, or in whole, according to his pleasure, and the Faculty and Power given him by the most holy Lord the Pope) he would enlarge, or set at liberty, and relax the detainers of those goods, preferring public good before private; Peace and Tranquillity before Dissolution and Perturbation; and the health of Souls before earthly Goods: They giving their assents to whatever he should do, and that in the premises he would not be strict or difficult. The Dispensation of the Cardinal. Then follows the Cardinal's Dispensation, wherein, after the recital of the several breaches of the supplication of the Parliament, and the uncanonical things that had been done, it is added, The reasons laid down why the Cardinal dispenseth, etc. That as to Ecclesiastical Goods, they were seized and possessed by divers persons of the Kingdom, which, tho' by the Constitutions of the Canons they might be declared void, yet if they should be revoked into any other State than in which they then were, the public Peace and Quiet of the whole Kingdom would be disturbed, and the greatest Confusion would follow; especially if the possessors of the same Goods should be molested: Therefore the Parliament have humbly supplicated their Majesties, that they would vouchsafe to intercede with the Cardinal. And whereas the Bishop & the Clergy of the Province of Canterbury, representing almost the whole body of the Ecclesiastics of the Kingdom, to whom the cause of those Ecclesiastic Goods do mostly appertain, have declared, That these Goods cannot be recalled to the Right of the Church, but the universal Peace and Quiet of the Kingdom will be disturbed, and the cause of the Faith, and the Unity of the Church, now by the consent of all introduced into the Kingdom, shall be brought into extreme danger; and have supplicated, etc. as before is rehearsed. The Cardinal's Authority. Therefore We, who are sent Legat the latere to your Majesties and this most Noble Kingdom, from our most holy Lord Pope Julius III. his and the Apostolic See, That we might reconcile the Kingdom (which hath so long been separated from the Unity of the Catholic Church) to God, & the Church of Christ, and his Vicar upon Earth, and should with all study procure all those things which appertain to the Peace and Tranquillity of the Kingdom. After by the benignity of God, and the Piety of your Majesties, by the Authority of the said our most holy Lord the Pope, whose Person We here represent, the Reconciliation is made. That we may take care for the Peace and Tranquillity of the said Kingdom, and the Unity of the Church, from whence the Salvation of so many Souls redeemed by the precious Blood of Christ depends, now introduced into this Kingdom, may be strengthened, and remain safe. The stability of the Reconciliation & the Peace consists in the assurance of Abby-Lands. And whereas the stability of either of them, consists mostly in that no molestation be brought upon the Possessors of Ecclesiastical Goods, whereby they may not retain them which so many and such grave Testimonies cause us to believe; and the Intercession of your Majesties (who have so studiously and holily laboured for restoring the Unity of the Church, and the Authority of the Apostolic See) may have that Authority with us that is fit, and that the whole Kingdom may know, and in truth and reality experience, the Motherly Indulgence of the Apostolic See towards it: Absolving, and judging to be absolved, every one to whom these Writings may appertain, from all Excommunications, Suspensions, Interdicts, and other Ecclesiastic Sentences, Censures, and Punishments, by Law, or by Man, upon any occasion, or cause whatsoever Pronounced, (if for the cause aforesaid only they be inflicted.) And so the Cardinal passeth to the particulars in the Supplication: And lastly as to the Ecclesiastic Goods, adds these words. The words of the Dispensation and confirmation of Abby-lands, notwithstanding Canons and constitutions. etc. to the contrary. And to whatever person of this Kingdom, to whose hands Ecclesiastic Goods, by whatever contract, either Lucrative, or Onerose they have come, or they have held, or do hold them, and all the Fruits, tho' unduly received, of them, in the whole he doth remit and release; Willing and decernning that the Possessors aforesaid of the said Ecclesiastic Goods, Movable, and , may not at present, or for the future, by the Dispositions of General or Provincial Councils, or the Decretal Epistles of Roman Bishops, or any other Ecclesiastic Censure be molested, disquieted, or disturbed in the said Goods, or the Possession of them, nor that any Ecclesiastic Censures, or Punishment, be Imposed or Inflicted, for the detention, and Non-Restitution of the same; and so by all kind of Judges and Auditors, it ought to be adjudged and defined, taking from them all kind of Faculty, and Authority of Judging otherwise, and decerning it to be Null and void, if any thing happen to be attempted to the contrary. Notwithstanding the foresaid defects or whatever Apostolic Special or General Constitutions and Ordinances Published in Provincial, and Synodal Councils, to the contrary. An Admonition to those that do hold the Goods of the Church, and an exhortation to allow maintenance to Parish Parsons and Vicars. Then follows the Admonition, that tho' all the Movable things of the Churches were indistinctly released to those that possess them, yet he would Admonish them, that having before their Eyes the severity of the Divine Judgement against Balthasar King of Babylon, who converted to profane uses the Holy Vessels, not by him, but by his Father taken from the Temple; if they be extant they will restore them to their proper Churches or to others. The meaning of which I have before explained. Then follows. Exhorting also and by the Bowels of the Mercy of Jesus Christ vehemently entreating all those, to whom this matter appertains, that not being altogether unmindful of their Salvation, at least they will do this; that out of the Ecclesiastical Goods principally of those which were specially destined for the support of Parsonages and Vicarages, that in Cathedrals and other Inferior Churches, now in being, it may be so provided for them that have the care of Souls, that their Pastors, Parsons, and Vicars may Commodiously, and Honestly, according to their Quality and State be maintained, whereby they may Laudably exercise the Cure of Souls, and support the Incumbent Burdens, This is Dated at Lambeth 9th. of the Kalends of January, the 5th. of Pope Julius the third. Then follows in the same Act the Confirmation of all these in the most General, Comprehensive, and particular words, that the Wisdom of that Age could devise, to Comprehend all the Religious Houses, Colleges, Chantries, Hospitals, Guilds, Fraternities, Obits, etc. so Alienated. The Caution used in securing the Lands not to be doubted. It is not to be doubted but our Ancestors who had so lately acquired those Abby-lands, and were in much more eminent danger of a Resumption, than we are in this Age, would be as cautious to have these Confirmed to them by all the Laws, Ecclesiastical, and Civil, as could be contrived for their firm security: And that the Legates Absolution and Remission were sufficient according to the Canon Law, will not be denied by any who hold the Authority of the Pope in such matters; since the Pope Conferred upon the Cardinal his own Power to do in that affair as much as if he had been Personally present he could have done; sine in one place it is expressed, that the Legate acted by the (s) Per Autoritatem Sacratissimi Domini nostri Papae cujus vices sustinemus. Authority of the most Holy Lord the Pope whose Person, Character or Power he hath, for the word Vices Implys; that he was his Complete Substitute to do as much as he could do, and in another place of the same Absolution he expresseth his Powers thus, by (t) Authoritate Apostolica per literas etc. nobis concessas & qua fungimur in haec parte. Apostolic Authority, by the Letters of our most Holy Lord the Pope Julius the third, granted to us and with which Authority we are impowered in this particular. Whoever considers this Act, and attentively will peruse it, as it is Printed in our Statutes, or is upon Record in the Roll, must conclude it had all the Authority that either an Act of Parliament in England, or a Constitution of the Pope by his Bull can give it, and I hope I have sufficiently cleared it, that by the Canon Law and continual Practice of the Pope, he hath a full Power to Establish and make valid what he did in this particular. SECT. IX. The Exceptions against this Assurance of Abby-lands to the Possessors, that it was not confirmed by Pope Paul the 4th. fully Answered. YOU are pleased to endeavour to Invalidate the force of this Spiritual and Temporal Act, Pietro Soave's Assertion that Pope Paul the 4th. did not confirm Abby-lands. by producing the Opinion and assertions of Father Pietro Soave Polano, in his Council of Trent, and one or two gentlemen's, whose Sentiments you so zealously have embraced. The words of Soave (a) Fol. 367. are thus rendered into English by Sir Nathaniel Brent. John Peter Caraffa, by the Name of Paulus 4us. being Created Pope 1555. On the first Day of his Papacy the English Ambassadors from King Philip and Queen Mary, entered Rome, viz. The (b) Hist. Reformation, part 2. fol. 300. Viscount Montacute, the Bishop of Ely, and Sir Edward Carn, there being one to Represent every State of the Kingdom, sent to make their Obedience to the Pope, and to obtain a Confirmation of all those Grace's Cardinal Pool had granted in the Pope's Name, saith Dr. Burnet. At the first Consistory after the (c) Idem Soave. The Pope's Reception of the Ambassadors from Queen Mary. Coronations, the Ambassadors were brought to it, who prostrating themselves at the Pope's Feet did in the Name of the Kingdom acknowledge the faults committed; relating them all in particular, for so the Pope would have it. Confessing they had been ungrateful for the many benefits received from the Church, and humbly craving Pardon for it. The Pope did Pardon them, took them up from the ground, and Embraced them, and to Honour their Majesties that sent them, gave the Title of a Kingdom to Ireland. In private Discourse, saith our Author, His reprehension of the proceed in England. betwixt the Pope and the Ambassadors, he found fault that the Church Goods were not wholly restored, saying, that by no means it was to be Tolerated, and that it was necessary to render all even to a Far thing, because that the things that belong to God can never be applied to Human uses; and he that witholdeth the least part of them is in continual State of Damnation. That if he had Power to grant them, he would do it most readily, for his Fatherly Affection which he beareth them, and for his experience of their Filial Obedience, (d) Mr. Fox saith, the Pope published a Bull in Print against the restoring Abby-lands which Dr. Burnet affirms also Appendix fol. 403. but his Authority was not so large, as he might profane the things Dedicated to God, and let England be assured, that this would be an Anathema and a Contagion, which by the just Revenge of God, would always hold the Kingdom of England in perpetual Infelicity; and he charged the Ambassadors to Write thereof Immediately, and was not content to speak of it once, but repeated it as often as there was occasion, and said also plainly, that Peter Pence ought to be paid as soon as might be. Thus far Soave. In Answer to this, Cardinal (e) Lib. 13. c. 13. Cardinai Palivicino's Assertion about the confirming Religious Lands. Palivicino, after his Discourse of the business of the Kingdom of Ireland, as to the Restitution of the Ecclesiastic Goods in England, saith, because in that Kingdom during the time of the Schism most grieveus Usurpation of Church-lands had been made, as he had before related, some by private persons, others by the Crown. Those were with great Liberality restored by the Queen. But concerning the others i e. those in the Subject's Possessions, it was Judged profitable to use condescension; lest with a pay of so great Interest, they should enrol the Usurpers under the Standard of Heresy not sufficiently destroyed. The plain sense of which, is that they were to be Indulged in their Possessions, how unjust soever they were; lest the denying of it should enforce them, for the sake of preserving their Estates, to reject' the Reconciliation, which was the prime thing desired. It is true this Pope Paul the 4th. is (f) Ricaut continuation 110. represented by Historians to be a Morose Man, of a Saturnine Temper, being the first Author and Contriver of the Inquisition, and that by a new Decree he retrieved all those Goods and Ecclesiastical Revenues, which had been (g) Pa. 112. Answer to Soaviss arguments. Alienated from the Church since the time of Julius the 2d. to his Days, and that since the time that Rome had been sacked by the Spaniards, (who had Plundered and Sequestered the Estate and Rents of the Family of Caraffa, of which he was a Son) he had conceived an Implacable anger, and Inveterate hatred against the whole Nation; which also was increased by that ill Treatment, and Injustice (h) Pa. 113. which the Vice-King of Naples once used towards his own Person. For being Created by Paul the 3d. Archbishop of Naples he was debarred from the Possession and benefits thereof by the Viceroy, on no other pretence, than that he was suspected to favour the French party; and upon that affront he would have persuaded Paul II●. to a War with Naples; but the Pope declining that, the anger and fury of this Paul iv being suppressed until he became Pope▪ did than burst forth and vent itself; so that he made a stricter Union with France, and commenced a War against Philip King of Spain. Yet it is likewise noted, (i) p. 112. That notwithstanding the Pride and rudeness of his Nature, he did several things in the beginning of his Papacy to gratify and please the people of Rome, insomuch that they erected a Statue of Marble for him in the Capitol: And I shall now endeavour to m●ke it clear, that he did ratify what Cardinal Pool had done; and that his Animosities against Spain or Cardinal Pool (whom he (k) p. 118. recalled from his Legatship in England) were acts of a later date, and he had the good conduct and fortune to prove a successful Instrument in making that memorable Peace betwixt Philip King of Spain and Henry King of France; And it is apparent by Sir Edward Carne's (l) Hist. refor. collect. Rec. fol. 315. See concerning Pope Paul IV's revocation of Cardinal Pool. Duditius p. 34, 35. Letter, that the Pope did revoke the Cardinal only because of the War with Spain, as he did his Nuncio's from all King Philip's Countries; but stayed that of the Cardinal at Queen Mary's desire. Having related what Soavo hath published concerning this matter, before I proceed to the clear proof that Pope Paul iv did ratify what Cardinal Pool had done, The Opinion of a Learned Roman Catholic, Father W. I do offer to your consideration what I have under the hand of a Learned Father, of sufficient Learning and Knowledge in the Canon-Law, and of great Candour and Virtue, That he believes that from the moment of the Release of Cardinal Pool, all Possessors of those Lands had a just Title, even by Canon-Law, to them, even as to their other Lands: And, as the Pope cannot deprive them of their other Lands by any Act whatsoever, no more can he deprive them of those Lands; nor that any Canonist will own that any succeeding Pope can repeal the Release of Church Lands. Which must be most clear, whenas the Release was so confirmed, as I shall now endeavour to make clear by some positive proofs. The first of which shall be what I have found in the Journal of the House of Commons, Endorsed Seymour, which you may have access to, for your further satisfaction, if you scruple my credit in that particular; for I have copied it from the Original, in the custody of the Honourable Sir John Trevor, Master of the Rolls, whose singular favour I must ever acknowledge, not only in affording me the perusal of this Journal, and ready admittance to the Records in his custody, but likewise in furnishing me with a Repertory, whereby I am enabled readily to find such Records as I have had, or may have occasion to peruse for His Majesty's Service. The first proof of the assurance of Abby-Lands from the Journal of the House of Commons. This Journal reacheth from the 1st. of Edward VI to the 8th. of Queen Elizabeth. In the first leaf of the Parliament 2 & 3 of King Philip and Queen Mary, which begun the 21st. of October 1555. After the relation of choosing the Speaker, etc. these following words are entered▪ After which was read a Bull from the Pope's Holiness, confirming the do of my Lord Cardinal Pool touching the Assurance of Abby-Lands, etc. after which the Speaker with the Commons departed to the nether House. It is true there is nothing of this mentioned in the Journal of the Lords; but whoever looks into their Journals in the Reign of Queen Mary, and those before, and some while after, will find little in them besides the names of the Proxies for the absent Lords on one side, and then the Folio divided into three Columns; in the first of which are the Names of the Bishop's present; in the second the recital of the appearing Peers; and in the third only the Titles of the Bills read: So that in several Folio's there is not one Line writ in the third Division. Second Proof. I now pass to the second proof, That Pope Paul iv did by Bull confirm what Cardinal Pool had done. To illustrate which, I shall translate into English the Copy of it, to be found in (m) Ecclesiae collegiate, fol. 207. Sir William Dugdale's last Volume of his Monasticon, transcribed from the Original in my Lord Peter's custody. The Bull of Confirmation of Abby-Landsto Sir Will. Peter. The Title is, The Bull of Paul iv Bishop of Rome; in which, for better caution, he especially and expressly approves and confirms to William Peter, Knight, and Counsellor of the King, all and singular the sales of several Manors, etc. sometimes belonging to divers Monasteries by King Henry VIII. dissolved, which he (viz. Sir William) as it is said, is ready to assign and demise to Spiritual Uses. Paul Bishop, Servant of the Servants of God, to the perpetual memory of the Fact. By the accustomed bounty of the Apostolic See, it becomes us freely to impart Apostolic Favour to those which require Quiet and Tranquillity, especially when it is humbly desired from us, and reasonable causes persuade it, and that they may remain undisturbed, j●●ibatae. to add the stability of Apostolic Munition. A Petition being lately exhibited to Us on the part of Our beloved Son the Noble Sir William Peter, Knight, and Counsellor of the King, of the Diocese of Exeter, That heretofore King Henry VIII. of famous Memory, and several other persons, (there particularly named) sold to the same Sir William Peter, Manors, Lordships, Advowsons', Lands, etc. belonging to Monasteries, (particularly also named) as appeared by Instruments and public proofs. Documenta publica. And afterwards our beloved Son Reginald, Deacon of St. Mary in Cosmedon, called Cardinal Pool, Legat de Latere in England, of Us and the aforesaid See being authorized to that matter, with sufficient power by the Letters of the said See, as appears in his Commission. And afterwards we generally, under certain words expressed in mode and form, have (n) By this clause the Bull mentioned in the Journal of the House of Commons must be understood. approved and confirmed the Sales, Gifts, and Exchanges, and Grants, made to and by him; and added to them strength of assurance, or firmness, as in our Letters made thereupon is said more fully to be contained. However, as the said Petition subjoined expresseth, the same Sir William, who, as he affirms, is ready to assign and demise the said Rectories to Spiritual Uses, desires to have all the Sales Gifts, and Grants made to him of those things, and all the things in the said Instruments and Documents contained, for the better caution, specially and expressly to be approved and confirmed: And besides, hath humbly supplicated to Us, That of Apostolical Benignity we would vouchsafe to provide for the Indemnity and Quiet of him and his. The Pope's Dispensation and Absolution from Ecclesiastical Censures. Therefore We, who admit to the favour of our audience the prayers of those devoted to Us, and Our foresaid See, quit the said Will. from all Excommunications, Suspensions, Interdicts, and other Ecclesiastic Sentences, Censures, and Punishments, either by Law, or from any man, upon any occasion or cause produced, (if he be by any of them any ways tied in consequence of any effect of these presents only) by the tenor of these presents absolving him, and judging him to be absolved. Being inclined by those supplications, by Apostolical Authority, by these presents do perpetually approve and confirm all the Sales, Grants and Gifts aforesaid; likewise all the Receipts and Procurements of the Possessions, and the retaining of them; and, as they concern them, all & each singular other matters, in all the Instruments, Documents, and other Writings, and things, contained in the foresaid Letters of the said Reginald the Cardinal; and to them do add the strength of a perpetual and inviolable firmness, supplying all and singular defects of Law or Fact necessary to be expressed, if by chance any happen to intervene in them; and decerning them inviolably to be established, without any scruple of conscience; as also by the said William Peter's, and Bishops, Chapters, Abbots, Priors, Prioresses, and Convents, and others, which these any way concern, or may concern for the future, according to the tenor of the Sales, Grants, and other Dispositions made upon them, in all things and by all means perpetually to be observed; and so to be judged, and aught to be defined by all Judges, and Ecclesiastical and Secular Comissaries enjoying any Authority; taking from them and every of them every Faculty and Authority of Judging and Interpreting other ways, and making it void and null, if upon the premises, by any one by any Authority, knowingly or ignorantly, it happen to be attempted. The Pope's Command to Bishops to defend Sir Will. Peter's Right. Wherefore by Apostolic Writ We command Our Venerable Brothers the Bishops of London, Exeter, and Pisauria, that two or one of them, or by another or others; these present Letters, and whatever is contained in them, when and where there is need, and so often on the part of William Peter and the Heirs aforesaid, or any of them, it be required, solemnly to publish, and assisting them in the premises, with maintenance of an effectual Defence, by Our Authority they perform it, to make them and every of them enjoy them peaceably, not permitting any of them by the Bishops, Chapters, No Religious to molest him. Abbots, Priors, Prioresses, or Convents, or any other, contrary to the tenor of these presents, in any wise to be molested, vexed, or disturbed; inflicting upon all contradicters and Rebels, by Ecclesiastical Censures, and Money-mulct, at their pleasure; punishments to be applied, and by other opportune remedies quieting them; postponing all Appeals, and by repeated instances aggravating, and (if need be) calling in to this purpose the aid of the Secular Arm. The Clause of Non obstante. Notwithstanding any heretofore sent Apostolic Constitutions and Ordinances, of what Kind soever, or by what other firmness corroborated Statutes and Customs contrary thereto whatsoever; or if it be indulged from the said See, to Bishops, Abbots, Priors, Prioresses, or by any other in common or separately, that they may not be Interdicted, Suspended, or Excommunicated by Apostolical Letters, not making full and express mention word by word of the said Indulgence. Therefore it shall not be lawful for any man whatsoeever to infringe or contradict by any rash attempt, this writing of ours, of Absolution, Approbation, Adjection, Supplement, and Command. If any therefore presume to attempt this, let him know, that he shall incur the Indignation of the Omnipotent God, and of the Holy Apostles Peter and Paul Dated at Rome, at St. Peter's, the Year of the Incarnation of the Lord, 1555. the 4th. of the Kalends of December, the first Year of our Pontificate, 2 and 3 Philip and Mary. Subsigned Beltradus. Observations from this Bull. From this Bull we may learn there was a General Confirmation by Pope Paul the 4th. of Cardinal Pools Assurance of Abby-lands, and it is as certain as any thing can be, to one, that hath not seen that Bull, which was sent to Absolve the whole Kingdom; that it was as full in the same or such like expressions as are usual in Alienation of Church-lands, Dispensations, or Absolutions, as were requisite, or the desire of the Interessed persons security could expect, since we find, by this to a particular person, what care was taken about securing them. In further confirmation of this give me leave to acquaint you what * I must own the favour of Dr. Bernard for the loan of this rare Book. Andrea's Duditius Writes on this Subject, whose Testimony is the more Authentic, in that he not only Translated out of Italian (i) In praefatione Libri de vitâ Cardinalis Poli Imp. Venetiis 1563. into Latin, the Life of Cardinal Pool, (Writ by Becatellus Archbishop of Ragusa) but added several things of his own knowledge, and by the Information of John Baptista Binardus, who were both with the Cardinal in England. His words, The 3d. proof. I render thus into English, He (viz. the Cardinal) omitting nothing which might conduce to the complete restoring of Piety, and the repair of the Ruins of the Church, made in late times: Dealt with the Queen, (k) Illud etiam agere cum Regina Institit ut qua Bona, Henricus Pater, Ecclesiae per vim adempta, ad Regia Vectigalia adjunxerat ac Regii omnino Juris possessionisque esse Decreverat, ipsa Ecclesiae redderet pa. 32. B. All our Authors say, that the Queen herself first designed this Restitution. that she should restore to the Church the Goods which Henry her Father, by force had taken from it, and had Annexed to the Revenue of the Crown, and had Enacted them to be the Rights and Possessions of the Crown. Concerning this he sent an Exhortation to the Queen, excellently penned: Nor did the Queen suffer herself long to be entreated, but laying aside all delay, dismissed all, and permitted them to be disposed of at the Will of the Roman Bishop and his Legat. Which Goods Pool (having first deliberated the matter with the Bishops) so appointed and distributed to every Church, as might be most expedient to increase the Worship of God, and Establish the Ecclesiastic State, and these, were said to be almost the half of the Fruits, This was much less than our Author mentions. which in the former more flourishing times the Ecclesiastics had received. Now mark what follows. But (l) Ac ne qua Turba excitaretur, placuit, consentiente Pontifice, nihil de reliquis bonis quaeri quae passim multi possidebant, sed liberum omnibus relinqui, id agere quod quisque vellet. Id. pa. 32. B. least troubles might be raised, it pleased the Cardinal, the Pope consenting, that nothing of the rest of the Goods (viz. Movable and ) should be enquired after. But to be left at Liberty to all to do with them what every one willed. The 4th. proof. The whole matter further appears in the Decrees of the Cardinal, for the Reformation of England Anno 1556. for in the 10th. Decree, wherein any future Alienation of Church-lands is prohibited, this exception is annexed in these words. (m) Exceptis ta men semper iis, quas circa bona Ecclesiastica, ante ab Ecclesiis ablata, Jam Autoritate Apostolica constituta sunt. Quibus per hoc nullo modo derogari Volumus. Labbei council Tom. 14. fol. 1753. Those things always excepted, which concerning Ecclesiastic Goods, before time taken from the Church, by Apostolic Authority now are constituted, from which by this Decree they (viz. the Cardinal and the Clergy met to appoint these Decrees) will not ways derogate. SECT. X. The Application of what hath been offered towards the Assurance of Abbey lands to the present Possesors. I know nothing can rationally be urged now against the security, Objection but that either the Pope hath no such Power of dispensing with what is obtained by Intrusion, or that what one Pope doth, another Succeeding Pope may disannul, especially where so great concerns of the Church may invite to it. As to the first, Answered whatever Opinion hath been or is held by some, of the Pope's want of Power to dispense, it is most evident, that de facto for many 100 of Years they do and have dispensed with Canons, etc. and such Dispensation is looked upon by all of the Roman Catholic Communion to secure, not only their Title in all Ecclesiastical Courts, but likewise it removes all scruples of Conscience. I shall give you the resolution as to this particular, of an Author (a) Rebuf●us d● pacif●●●● po●s●●●or●●● fol. 2 9 〈◊〉. 256. beyond exception, The question he proposeth thus, Quid si violentus petit à Papa sibi confirmari Beneficium per vim obtentum, & Papa hoc facit, & postea possidet per triennium, & ultra, an posset molestari? After he hath argued in the negative, he thus determins it. Quod si Papa ex certa scientiâ, de novo concederet Invasori, expressa habita mentione Intrusionis & violentiae, videtur illam violentiam remittere, & de novo confer, nec obstat quod violentus semper potest molestari. Verum est (says he) non purgatâ violentiâ: Sed hic purgavit violentiam Impetrando à Papa, ergo non amplius dicitur violentus, nec Intrusus, quod notandum. The sum of which is, that it being questioned whether a violent Possessor of Church-lands, A violent Intruder may be dispensed with by the Pope. desiring of the Pope to confirm him in his Benefices, obtained by force, and the Pope do it, and after the Intruder Possess it for three Years or more, whether such an one can be molested, viz. Ejected by course of Law? His answer is, that if the Pope on his certain knowledge grant the same anew to the Intruder, and violent Possessor, it seems the violence is remitted, and the thing is granted anew. Neither, saith he, doth the General Rule hold good in this case, that the violent Intruder may always be molested: For that is only true where the violence is not purged, but here the violence is purged by obtaining the Popes Grant; therefore he is no more to be called a violent Possessor or Intruder, which, saith he, is to be noted. By this you see a dispensing Power is owned. I know this is spoken of Church Live Possessed by Church Men, Objection but here you will say are Church Lands Possessed by Lay men which extremely altars the case. In Answer to which, Answer all that I have in the last two Sections discoursed, proves it as applicable to our case; for if the Pope's Authority be good in any case, where the necessity of the matter was so urgent in the Opinion of his Holiness and all Roman Catholics, that the Reconciliation to the Roman Catholic Church was to be preferred before the comparatively few Religious enjoying their Possessions, I suppose it is good here. How much in all cases the public is to be preferred before the private, appears in the resolution given by a Learned (b) Joachemi Mynsingeri Comment. in Instit. Lib. 2. Tit. 16. de usucaptions n. 20. Civilian thus, we are to know, saith he, that there is a Superior Law that the public Society of Men be conserved, and it is an Inferior Law, that right shall be done to every one: When this Infeior Law therefore cannot be preserved, without the violation of the Superior, the Inferior Law is neglected, that the Superior may be fulfilled, viz. that the public good and tranquillity be conserved, and there be an end of strife. So in another case the forecited (c) De pacificis possessionibus fol. 217. n. 31. Rebuffus saith, this is Introduced for public good, lest suits about Benefices should be Immortal, and for the ease of the Subject, lest he should Eternally doubt of his right. Alcuin's Opinion rather to dispense with payment Tithes than hinder Pagans to turn Christians. This calls to mind what Alcuin the great English Dr. and Chaplain to Charles the Great, writes to him concerning the Hunns and Saxons, who being Conquered by the Emperor, had lately received the Christian Faith; Alcuin there adviseth the Emperor, that it were better for the benefit of the Christian Faith, not to impose the payment of Tithes upon them. He saith, we know that Tything of our Substance is very good, but it is better to let that go, than lose our Faith, we ourselves saith he, nourished and taught in the Catholic Faith, scarce consent to pay full Tithe of our Substance; how much less can we expect, that their tender Faith, and Infant condition, and covetous minds, will consent to such a liberality. Here you see he adviseth rather to preserve them in the Catholic Faith, than have them abandon it by exacting such payments. I leave it to yourself to apply it. I no ways meaning to compare Possessors of the Church-lands in Queen Mary's Days, to a People newly Converted from Paganism; but only to let you see in that Learned Man's Opinion, how much the retaining them in the Catholic Faith was to be preferred before the exacting of Tithes. I come now to the last remaining Objection, Last Objection. that by the Revocation of former Pope's Grants, and Decrees by Succeeding Popes, and by their non-obstantes of Canons, etc. You see not why a Pope may not publish a Bull, if any such Juncture of Affairs should be, that it was like to be obeyed, to recall the Acts of Julius the 3d. and Paul the 4th. To this I Answer, Answered that where ever Instances of such things can be produced; It is where some few only have been concerned, some Orders have degenerated from their first Institution: Where some public utility overbalanced the private injury; where the Inconveniency of continuing former Grants was much greater than would happen by the rescinding of them; where the end and moving reason why a former grant was made either ceased, or was no more of use; or where without passion private ends intrigues or designs, the matter to be revoked was by all un-interessed persons thought fit to be disannulled, but our case is far otherwise. In the cases of our Abby-lands a Resumption is not practicable. For as to the business of Abby-lands, whatever Reasons induced the Pope to confirm them in the hands of the Possessors at the first, will be much more now, since besides the disturbing the Peace and Tranquillity of the Kingdom, and the great confusion, that would arise by reason of the Inextricable Contracts, and Dispositions, there will now be the greatest Injustice committed by such a Resumption; since it is appaent, that the number of the Purchasers were few Comparatively at the first, and they were only such as were for the Reformation, whereas since that time many Catholics (by the reliance upon the Legal securities, and the Confirmation of the Pope) have been induced to purchase these Lands, which otherwise they would never have done: And will it consist with any Pope's Interest to take advantage of such as were thereby ensnared? The Religious Non-claim, & their offer to release all right or claim. Besides, who are they that can lay claim to these Lands? The Religious had no Heirs, and I have seen it under the hand of the Reverend Superior of all the English Benedictins, that the Superiors of the Benedictins offer to give it under their hands and seals, and serious protestation, that they have no Right, nor ever intent to lay any claim to the Possessions belonging to their Order here, and given by the Parliament to the Crown. That the Act of Confirmation of these Lands can never be attempted to be revoked by any English Parliament, No English Parliament will attemptit. tho' their majority should be Roman Catholics, (which in itself is such a monstrous postulatum, as sure no Protestant unbeliever can swallow) will appear manifestly to any that will consider, that when it could not be effected in that Age, when some of each House were alive, who knew the Lands; and the inextricable Confusion that then it was thought it would bring upon Purchasers, was sufficient to hinder the Houses and the Convocation to think it a work feasible, when it may be the loss would have fallen upon those who had been most instrumental in the Subversion, what must we think now of the difficulty of separating the Sacred from the Profane? which I can compare to nothing more resemblingly, than the difficulties some Philosophers suggest in apprehending the Resurrection of our Bodies, by bringing again these individual Atoms which were once part of them, and have been exhaled, or have been assimulated into the bodies of Fishes or ravenous Beasts, or converted into dust, and are disspersed into various Regions. Till therefore we can be sure of such an Omniscient Power in a Parliament, as can know the distinct Lands that once belonged to every House; and so Omnipotent, as can disengage them from Lay-fees, (they are not only soldered to, but per minimae mixed and incorporated with) and such a selfdenying Parliament as will part with their Inheritances, Entails, Settlements, Mortgages, and Purchases, upon some people's suggesting a Sacrilege to them, (not believed by themselves or Catholics.) I say, till all these, and a great many other difficulties can be solved, I think the Possessors of Church-Lands may rest secure in their Titles. Those that suggest these Jealousies, to be suspected. I pray therefore, Noble Sir, suspect all those that suggest such doubts to you, as men that have most wicked aims to alienate the affections of the Subjects from our Gracious King, who I am well assured desires to give all his Subjects satisfaction in this particular, and look upon them as concerting with utter Enemies to Monarchy, and such as would be working us, by such unreasonable Jealousies, to a temper fit for some greater mischief, and who have such an envious cankered disposition, that, tho' they believe not one syllable of what they publish on this Head to be true, yet studiously endeavour to spread abroad the suspicion, for no other end than to bring an Odium upon the King, who hath a greater care for preserving every man's Property, and that his People may live in Peace, Freedom, and Plenty, than the best of these Calumniators; who, if they had power, would be the first that would be for resumption of Crown, Bishops, Deans and Chapters, and other Lands, as they were during the Usurpation. FINIS. ERRATA. PAg. 7. lin. 6. for Foretakers, read Intruders. p. 15. l. 4. for Praetoriae, r. Praetorio. p. 23. l. 7. deal and. p. 30. l. 10. for want, r. wars. p. 32. l. 3. for 4th. r. 2d. p. 34. l. 10. for This, r. The. THe Excellency of the English Monarchy; A Treatise useful to all persons that are desirous to know the constitution of the Government of England, may be had (in Quires, or Bound) at the Author's House at the Iron-Balcony in Leicester-street next Leicester-fields. Price in Quires, 9 s. plain Bound and Lettered, 10 s. 6 d. Gild back, 12 s.