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 [Page 5]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 Part 2. fol. 297. Dr. Burnet in his History of the Reformation, and the Author Pr [...]ted 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 [Page 6]neither did, nor intended to confirm the Alienation of Abby-Lands, and thereby have raised new doubts in mens minds and in this present juncture of af­fairs their Arguments are made great use of, to afright 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 12. q. 2. Non lic [...]at Papae. Pope Symmachus, inserted in the foresaid Letter, but urge the Decretal Epistle of Binnii Concil. Tom. 1. fol. 156. c. 2. D. Omnes ta­les praesum­ptores, & Ecclesiae raptoresat (que) suarum facultatum Alienatores, a liminibus sanctae matris Ecclesiae Anathematizatos Apostolica Authoritate pel­limus & denunciamus at (que) Sacrilegos esse judicamus, & non solum eos sed omnes consentientes eis. 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, [Page 7]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 depriv'd the Bishops and their Churches of the offerings, but all such as consented to them.’

So in the 2d 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 assign'd to Pious Ʋses, cannot be transferr'd to Human Ʋses, without Sacri­lege. —And so he orders such to be esteemed and judged.

In the Council of 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 [Page 8]mancipiola Ecclesiae (sicut prisca Canonum praecipit Authoritas) vel vasa ministerii, quasi commenda­ta fideli praeposito, in Integro Ec­clesiae Jure possideant: Ideo (que) ut ne (que) vendere, ne (que) per quoscun (que) contractus, res unde pauperes vi­vunt, alienare praesument. Which is to be rendred thus: That the Churches in full right possess the Houses and Farms, and the Ves­sels of Ʋse in the Holy Offices, as commended to a faithful Steward, (as the ancient Authority of the Canons command) so as none pre­sume to sell, or by any contracts ali­enate those things on which the poor live.

So in the Indigne enim ad Altare Dei properare permittitur quires Ec­clesiasticas audet inva­dere, &c. 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 License, pos­sess them, or wickedly or unjustly [Page 9]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 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 License 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 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 [Page 10]or Superiour 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 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; Wh [...]refore, according to the Sta­tute of the Canons, if any, by the study of a depra [...]ed will, attempt to restrain that to his own use, which is bestowed on Venerable pla­ces, viz. Churches, Monasteries, &c. he ought to be driven from Ecclesiastical Communion, as a Sa­crilegious person.

The last thing you urge, is, [Page 11]That I will peruse the Collecti­on of the Decrees of Councils, 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 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 Guilt, 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 [Page 12]rights of it, both as to Juris­diction and Patrimony. The like we find enacted in our own Kingdom, since the Reforma­tion Parsons 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 Livings, and if they convey or Alien any of their Lands or Possessions, al­tho' it be to the Cokes Reports Magdalin Col. case. Kings Maje­sty himself, is void in Law.

All that I shall therefore en­deavor to clear, is, that in some cases, even by other Canons, the dispensation with the Rigor of those you mention, are al­low'd, 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 Apolo. cap. 39. and 42. Tertullian and St. [Page 13] 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. Gelasii Dec. c. 27. Ivo Decre. 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 swell'd 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 shew 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 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 [Page 15]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 Lay-men 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: 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 [Page 16]of Souls, the use and custom being observed, which the Rectors should see to be agreable to the pur­port of Religion.

But in the Decretal it is thus, 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 ap­prov'd of by the Synod; and extended only to the Suburbi­can Diocess of Rome, and was not universally obliging: which as well as other Reasons might induce Simons History of Ecclesi­astical Re­venues. a late Learned Au­thor to assert, that there was a time, when the Pope entred not into the cognizance of the Goods of the Churches, which depended not on his Diocess.

I shall now shew you some cases wherein Alienations are allowed, even by the Canons, [Page 17]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 12. q. 2. Ap [...]sto­licos & paternos Canones. the second Pope, it is declared, that the Holy Ves­sels may be Alienated for the Re­demption of Captives, the like St. Gregory 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 Mony belonging to the Church, for the Re­demption of them and their Father Passivus the Bishop, Aliena­tions for Redem­ption of Cap­tives. which they were affraid might be required to be repayed, and St. Gregory acquits them of it: You may say these Instances are only of Charities; Therefore I shall now shew, that in all ca­ses Alienations, (according to the 12. q. 2. Aliena­tiores [...] ­niu [...]i. Canon Law) appear to be valid, where the consent of the Clerks of the Church, to [Page 18]the Grant of the Bishop is obtain­ed. Otherwise Pope Ʋrban 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 joyns. (who ought to be Consecrated according to the Ʋse 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 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, &c. So that [Page 19]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, &c. of the Church: For in the Council of Carthage 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 [Page 20]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, &c.

I shall therefore close this Section with what I find cited by a Learned 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 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 ex­presly [Page 21]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, Ser­vata inten­tione statu­entium, quae est utilitas Ecclesiae, sicut in om­ni jur [...] po­sitivo ac­cidi [...], &c. 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 my self obliged to refresh your me­mory with the most material passages of his Life relating to these matters.

In Paulus Aemylius 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 [Page 23]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 Sarazens (who had been called out of Africk 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 spoyled the Religious Houses; and out of hatred to the Christian Religi­on destroyed the Churches in Gascoign, Angolism, Sauton, and Poictou, Countries most Rich [Page 24]and plentiful, and where by the Devotion of the Inhabitants the Churches were adorned and enriched with much Gold. These Sarazens 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 relyed upon for his assistance to the Apostolick See, as appears by several Binni­us Tom. 3 fol. 467. Lachrymae die nocle (que) 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 [Page 25]applies himself to this Charles Martel as to a refuge in time of his great distress.

In another Epistle Ʋt cog­noscant om­nes gentes tuam fidem & purita­tem atque amorem quem babes erga princi­pem Apo­stolorum sanctum Petrum, & nos, ejus (que) 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 Ibid. fol. 466. Ep. 5. Epistle, the same Pope writes to Boniface Bishop of Mentz, that God by the endeavor 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 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 Mony to his own use.

And Paulus Aemylius Pau­lus Aemy­lius vitâ Chilperici 3. p. 67. &c. 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 splendor 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 Lyons 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, [Page 27]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 Orleance, and Robert Bishop of Rhemes, because he said they took part with Ramenfride his Enemy.

In an Ancient Chronicle 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 Lay-men in them; the like is repeated by Nicholas Giles, and enlarged by Per le conseil des Princes, donna & bailla au­cunes des dismes, que tenoyent les [...]glise a ses Gens d' Armes. Belle forest, who saith, that by the Council of the Princes, he gave certain [Page 28]Tithes which the Churches had, to his Men at Arms. With these concurs du Tillet, and du Hail­lan. Dupleix Il re­compensa la Nobless de partir des dismes du Clergis, &c. 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 enterprize 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 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 president was imitated by others, so that the example thereof passed the Alps into Italy, and mounted [Page 29]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 Apud Servinum Tom. 1. fol. 10. of Eucherius or some Gra­tian, c. 16. q. 1. Authors else, what you may find there; and in Paulus Aemy­lus, That Eucherius Sepul­crum in­ane & nullis humani corporis vestigiis reliquiisque apparuisse dicitur. Intus vasti­tas, borror diraque species ac velut in­cendio atrum. ld. Aemyl. vita Chil­peric. Bi­shop of Orleance, 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 Foot-steps 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 [Page 30]saith Eucherius was Dead before Charles Martel, and will no ways allow Tithes to be then so setled. But I think it cannot be questioned what a Learned 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 Lay-men, and that they made contracts of Aliena­tion about them, as about o­ther possessions, and those con­tracts past 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 [Page 31]the Services due to the Prince from the Bishops, &c. but you may find them in Mr. Sel­dens History of Tithes. Sect. 113.117. and other places.

By custom also Lay-men 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 [Page 32]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. IV. 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 [Page 33]Charitable Uses, or encreasing the Exchequer of Princes, and suppressions of Orders, even by the Bulls of Popes long before the Reformation.

Pope Clement the Ex Ar­chivis Scac­carii Ex Autogra­ph. The suppres­sion of the Knights Temp­lars. 5th. by his Bull dated at Poictou the 10th. of the Kalends of December 3 ^o. Pontificatus, Anno. 1307. Or­dered the seizing of the Knights 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, Sic prudenter sic caute sic secre­tariorum tuorum consilio studeas or­dinare quod omnes & singulos Templari­os Regni tui & eo­rum bona mobilia & immobilia — capi facias vno 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 immoveable, and to keep their [Page 34]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, &c.

This Concil 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, Ad pro­videntem Christi Vi­carii, prae­sidentis in specula Apostolicae dignitatis, circum­spe [...]ti [...]nem pertinet, &c. It belongs to the provident circumspection of Christs Vicar, presiding in the Watch-Tower of Apostolic Dignity, &c. After reciting how the Order of the Knights 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 [Page 35]Law according to Inquisitions and Process, but by way of Provision or Apostolical Ordination 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 Ʋni­versa 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 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 [Page 36]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 Auto­graphis in Archivis Scaccarii. The Popes 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 Arch-bishops, Bishops, &c. 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 Hierusalem, and for the relief of the Holy-land, to give the Goods of the Templars to the Order of the Hospitalers [Page 37]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 Castile, Arragon, Por­tugal, and Majorca, being with­out the Kingdom of France.

So the Pope intreats and per­swades them to deliver to the Master and Brethren, or Priors, and Praeceptors of the said Hos­pitalers, and their Proctors, all the Goods of the said Templars, entirely, and peaceably, 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 shew themselves ready and prompt whereby besides the praemium of Eternal reward, which they should [Page 38]thereby Merit, an Accumulation of human praise might be encreased to them.

Having thus considered what the Pope did about the Templars, I shall shew 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, &c. Great Conference was had before the King, in presence of the Pre­lates, Earls, Barons, &c. 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 Kings 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 [Page 39]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, &c. 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 Ʋniversal Holy Church, and Canonized to the Augmentation of the Honor of God and liberal Alms-giving — 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, &c. 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, [Page 40]of his Regal Authority, in the same Parliament, hath assigned and determined to deliver all the foresaid Lands, &c. 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, Objecti∣on. 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 se­questring their Lands and Goods for some years, and then entirely giving them to [Page 41]another Order then in being.

But if you consider the mat­ter aright, Answer∣ed. 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 Dug­dales ori­gines Juri­diciales. Tit. Tem­ple. Ed. 2. gave the Inner and Midle 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 Pembrook, 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. Esc. 21. E. 3. n. 54. Inquisition be­ing [Page 42]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 Pembrook, for Life, the rever­sion to John Darcy and his Heirs.

Besides this in the 18 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 Knights Templars: And I have seen sufficient evidence, that Temple-newsom at least, conti­nued possessed by the Family [Page 43]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 Popes Autho­rity were no ways questioned by the extruded.

A part of Lincolns-Inn is owned 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 Lacy Earl of Lincoln; and Grays-Inn, was part of an Ancient Preben­dary of the Cathedral of St. Pauls.

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 [Page 44]Religious Societies, or the Dig­nitaries of the greatest Cathe­dral in England.

To descend nearer to our times, I have seen the Bull of Ex Autogra­pho in Ar­chivis Scac­carii. Dissolu­tion of several Mona­steries to en­dow the College of Win­sor Castle and Kings College Cam­bridge. Pope Clement the 7th. dated the 4th. of the Nones of November, 5 Pontificatus, Anno 1528. 20 of H. 8. where he gives 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 encrease of the Revenues of the Kings Col­legiate Church at Windsor Castle begun by E. 4th his Grand-father by the Mothers side, and the College at Cam­bridge built by H. the 6th. Grand-father to the same King by the Fathers side.

In this Bull are the fullest recitals of the Popes dispensing [Page 45]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 Popes Power extends in dispensing with the Canons: The words are,

The Popes dispen­sing with all Canons Coun­cils, &c. in the suppres­ing those Abbies, &c. 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 [Page 46]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 expresse, quod illis, etiam per quascunque liter as Apostolicas nullatenus derogari possit, nisi in literis per quas illis derogare videretur, illorum omni­um Tenores, de verbo ad verbum insererentur, & expresse 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 [Page 47]robore permansuris, hac vice dun­taxat specialiter & expresse, 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 & expresse, in eventum suppres­sionis, & applicationis per eandem circumspectionem tuam faciendo, licentiam & potestatem prae­dictam dispensamus, ac speciali­ter, quacunque allegatione de non expresso valore fructuum bonorum [Page 48]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. 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 Con­stit. Otho­bonis Tit. 11.13, 21, 22. forbidding Bishops to con­firm, or assign, by appropria­tion, any Church in his Dio­cess, to another Bishops 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 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 Kings part to supplicate the Pope for a Commission to be granted to Cardinal Wolsey and Cardinal Campegius Legates de Latere, then the Pope to grant by his Bull to the Legat or Legates a Faculty, then 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 Ibidem. Sup­pressing of Reli­gious Houses for build­ing and endow­ing Car­dinal Wolseys 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, [Page 50]now called Christ-Church, as likewise 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 Stiled, Sir Robert Carter Steward of his House, Instru­ctions for de­molish­ing a Church for buil­ding the Cardi­nal Col­lege at Oxford. Mr. Lawrence Stubbs his Almoner, and Sir Nicholas Towrs; 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 [Page 51]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 adjoyning, and to compound for a part of the Church-yard of St. Fridiswold, belonging to the Monastery of that Name.

This leads me to another re­mark I find in the Survey of [...]bidem. At Brid­lington a Church converted into a Bake-house and Brew-house. Bridlington Abby in York­shire, upon it's dissolution where it is worded thus. Item, on the South-side of the said Mo­nastery, is a Bake-house and Brew-house, 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 Brew-house is where the Quire 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 [Page 52]lived long upon the place; St. Ed­munds 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 Foraign Countries in the Roman Ca­tholic Communion.

IF we take a toure 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. 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

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 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 Mony payed 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 Bulla­r [...]um Magnum impressum Lugdini. v [...]l. ult. fol. 220. Bull dated 28 April, 1656. 2 ^o. 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 [Page 58]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 vigor of Re­gular observance have degenera­ted into barren wild Vines, ac­cording to the Example of the good Husband-man, or Father of the Family, We must pluck out of the Vinyard as by mature and fore-thought 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 [Page 59]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 fulness of Apostolic Power, by the Tenor of these presents we for ever extinguish, suppress, and abolish the said Order, with all it's Dig­nities, Offices, and Ministries, and all it's Conventualship, Title, Essence and Denomination.

And we do res [...]rve all and whole the Goods, Movable and Im­movable, as well Sacred as Pro­fane, their Convents, Houses, Vinyards, Farms, Canons, Re­sponsions, Fruits, Entries and Rights whatsoever, wherever they be, according to the disposition of us, and the Apostolic See, to the Ʋses and Pious works, to be [Page 60]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 Bul­l [...]rio pr [...] ­dicto fol. 221. 222. Regu­lars of the Holy Spirit at Ve­nice, Styled Congregatio Cano­nicorum Regularium Sancti Spiri­tus Venetiarum.

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 [Page 61]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 Ʋrsini, 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 Abby of Burgh de Di [...]u A­lienated.To return to France, the Fa­mous Abby called Burgh de Dieu, (which with the appur­tenances is valued at 20000 l. [Page 62]yearly Rent) is Possessed by the Prince of Conde, and it is little more than two years since, that two thirds of the Rich Abby of St. Denis in France hath been given for ever by the Pope, Two thirds of the Abby of St. De­nis Ali­enated. for the Edu­cation of Young Gentlewomen, the King having sollicited the Alienation, and caused it to be confirmed by the Arch-bishop and Parliament of Paris.

At Liege in Lord Castl [...] ­maine Pe­ply, p. 219. Germany the Prince enjoys the Cloyster, Garden and Appendices be­longing to the Nuns there, by the Popes Bull, and all Catho­lic Divines and Lawyers are satisfied.

In Germany, as well as in other places, Aliena­tions in Germa­ny. it hath been long Practized, that such a portion of Religious Lands as have been imployed for the Table of the Arch-bishops, Bishops, Ab­bots, or Priors, have been Con­verted to Secular Pensions. [Page 63]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 r [...]quired) 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 Popes Dispen­sation in all Ages.

SECT. VI. Concerning the Alienations of Church-lands in Germany, and the establishment of a Tolleration of Religion there, by the Treaties of Munster and Osnaburgh.

Objecti∣on 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 Kings Revenue, as the Subjects, for the future, would be eased of Subsidies, and other Taxes; the King might erect new Bishopricks, and imploy 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 applyed to such uses, and the absolute Investing them in the Crown, without Limitation of Uses, they were squandred away by piece-meal, and the Subjects very little [Page 66]eased of any publick burthen.

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 it self, I hope to give you satisfaction, [Page 67]that tho' I grant all this, yet no Resumption can possibly be obtained.

How the Re­ligious Lands in Ger­many were setled 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 Tractat. Pacis, &c. p. 140. The Nuncio of the Pope protests against it. Munster and Osnaburgh the Restitution of these Lands being debated, Fa­bius the Popes Nuncio (after­wards Pope, by the Name of Alexander the 7th.) made his protestation against it, both by the Testa­tum facio me tum jus­su Ponti­ficis, ac muneris mihi de­mandati Intuitu, tum pro­priae Deo dante voluntatis propensione, &c. Command of the Pope, by Vertue of his Character then, and the propensity of his own Will, [Page 68]and entr'd his Protestation a­gainst it, Dated at Munster, October 26. 1648.

Also Pope Innocent the 10th. Published his Ibid. p. 148. The Pope con­demns it by Bulls. Bull the 26th. of November following, in 5 ^o. Pontificatus, against both the Treaty of 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 Stiles them, of the Au­gustan Confession, to have free liberty of Exercising their Heresie in several places, and the Assignment of places to [Page 69]to build Churches, and their enjoying of Publick Employ­ments, Offices, and Participa­tion of Arch-bishopricks Bishopricks, and other Ec­clesiastical Benefices, Provost-ships, Baly-wicks, Commen­dams, Canon-ships, other Be­nefices, &c. Which at large may be Read in the Tracts Published at Leyden, 1651.

In Answer to these, I shall not undertake to justifie the matter of Fact, Answer Answer not vin­dicating the spoyl, especi­ally when the Tythes were not re­stored to Pa­rish Priests. nor vindicate the divesting of the numerous Parish Priests of the Tythes 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 sup­plyed, while they were in the Hands of the Religious, by some of their Body, by the [Page 70]subtraction of the maintain­ance, were to be the worst of all other supplyed by the poor Vi­cars, yet were not at all con­sidered.

But I shall in the following Sections endeavor 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 shewing the amicable [Page 71]composure, that the Treatise of Munster, and Osnaburgh pro­duced, betwixt the Roman Catholics, Lutherans and Cal­vinists; and thereby shew the grounds of those accords be­twixt the Princes and Subjects of each perswasion in Germany, and so secondly Illustrate some­thing more that account, the Author of the Book you sent me, hath layd down, and in that vindicate the Author, and shew that since the German Princes and Subjects enjoy the Religious Lands, without any scruple in Law or Conscience; we have much more reason to think our selves 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, [Page 72]but that all possible care was taken to make it as binding as Law and Authority could con­trive it. In which Instru­mentum pacis Trea­ties Arch-bishopricks, Bi­shopricks, Abbies, &c. 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.

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 Marys time) and those in the several Dyets in the Empire, are Con­firmed, and what in any Con­troverted Articles in the pre­sent Transaction, by consent were established in Judgments, and other ways, shall be ob­served, Non attenia cujusvis, seu Ec­clesiastici, seu Poli­tici Secularis intra vel extra im­perium con­tradictione, vel Protestatione. not taking cogniz­ance of the contradiction, or pro­testation [Page 73]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 Pa. 26. Equali­ty of Magi­strates or Alter­native Election of them. particular the City of Augusta Vindiliciorum, Aus­burgh, shall have seven Se­nators of the Secret Council, whereof the two Presidents, 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, [Page 74]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 adhereing to their Religion, Pa. 27. Neither party to depress other. to the depressing of the contrary, nor directly or indirectly shall encrease the num­ber of the Presidents, Neutra verè pars suae Reli­gioni ad­ [...]arentium potentia ad deprimendam alteram abutatur, &c. Senators, &c. But if any do, it shall be void.

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.

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 Arch-bishopricks, Bishopricks, Prelatures, Abbacies, Baly­wicks, Provost-ships, Com­mendams, or free Secular Foun­dations, &c. Whoever pos­sessed them, whether Catho­lics or Augustans, the first of January 1624. they shall pos­sess them quietly, and undi­sturbedly Ʋsque dum de Religionis dissidiis per Dei Gratiam Conventum fuerit. till by Gods Grace it shall be agreed about differences of Religion, and it shall be law­ful to neither Party to molest other, either in Judgment, or [Page 76]otherwise, much less to cause di­sturbance or Impediment; 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 Arch-bishop, Bishop, or Prelate, or of the Augustan Confession, or other Ecclesiastics, change their Religion, they (w) shall lose their Right, retaining their Ho­nor 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 Arch-bishop, Bishop, or Prelate, &c. de­parting, the profits received and consumed.

If a Catholic or Augustan State, have since the first of [...]xci­dan [...] ilit suo sure, honore ta­men Fa­maque illibans. p. 34. [Page 77] January, 1624. judicially or extrajudicially been disposses­sed by Vertue of this Treaty, they shall be restored, &c.

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.

Artic. 5 ^o. §. 9.Whatever Monasteries, Colleges, Baly-wicks, Com­mendams, Churches, Founda­tions, Schools. Hospitals or other Ecclesiastical Goods, with their Rents, Rights, (by whatever name they are call'd) the Electors, Princes, States, [Page 78] &c. 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 restor'd them, Donec controver­siae Religi­onis ami­cabili par­tium com­positione universali definiuntur. No­thing to be valid that contra­dicts this Treaty: All claims in Law to cease. till the Controversie 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 [Page 79]from any Persecution of Law or Deed for ever, while the Con­troversies of Religion be com­pos'd.

The 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 chuse Religious out of any o­ther Order used in Germany be­fore the difference in Religion, and in whatever Foundations, Collegiat 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 publick exercise of Religion shall remain the same as at that time, and those that used the first Prayers at that time, [Page 80]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 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 Nemo alienos subditos ad suam Religionem pertrahere eâve i [...] causâ in defensionem & protectionem suscipere; p. 42. that none endeavor to draw other subjects to his Religion, or for that cause to receive them into defence and protection.

Pa. 44.Also the Subjects of ei­ther Religion which in Anno [Page 81]1624. Where a differ­ent Re­ligion was not used 1624. Then Liberty of Con­science to be granted to the private exercise of it. had neither publick nor private exercise of their Reli­gion in any time of the Year appointed, and those who after the Year published in Futuro tempore, diversam à Territorii Domino Religionem profitebun­tur & am­plectentur, patienter Tolerentur, & conscientia liberâ domi devotioni suae sinc 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 privatly, and in the Neighbor­hood, i.e. where their way of Worship is exercised, where and as often as they please, be present at the publick exercise of their Religion, and shall send their Children to some Schools of their Religion, or have private Ma­sters to instruct them; so that [Page 82]they in other 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 Nul­libi ob Religionem despicatui habeantur, nec à mer­catorum, opisicum, aut Tribu­um com­munione haeredita­tibus, Le­gatis, &c. 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 Church-yards, or the Honor 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 publick or private exercise of his Religion the Year 1624. or that after the published Year changed his [Page 83]Religion, and of his own ac­cord left the Country, or by the Lord of the Territory was Banished, It Libe­rum ei sit aut retentis bonis aut alienatis discedere, retenta per ministros administra­re, & quo­ties ratio id p [...]stulat, ad res suas inspicien­das. vel persequendas lites, aut bebita exigen [...]a, libere & sine literis commeatus adi [...]e, pa. 52. shall be free for him, either retaining his Goods, or selling them, to de­part, 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 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 pub­lick Preaching, Teaching, Dis­puting, Writing or Consulting to Impugn the Treaty of Passaw or the Religious Peace, and priv [...]t­ly shall neither Impugn nor call into dispute the Treaty, or deduce assertions to the contrary, and [Page 84]what ever hath been Printed, Divulged or Published to the con­trary, shall be void; and what doubts soever shall arise in the Dyets, 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, then the Commission­ers to be equal.

In the 19th. Section: It is ordered that in causes of Re­ligion, [Page 85]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, Non attenta votorum pluralitate. and not by plurality of Vote.

I might Transcribe the whole Treaty with some Ad­vantage to the design of com­posing Mens minds not to ap­prehend the danger of Resum­ption, and to shew 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 it self.

Concer­ning the Nuncios Prote­station, and the Popes 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, [Page 86]that it stood not with the Dig­nity, Honor, or Ecclesiastical Interest of his Holiness to give his open Assent to such an a­greement as allowed not only such a publick exercise of a con­trary Religion, but spoyled the Church of such great and O­pulent Arch-bishopricks, as Magdeburg (called the Metro­polis of Germany) or that of Bremen, Erected into a Duke­dom, or of the Rich Bishop­ricks 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 Artic. n. 122. disturbs not the same; and in Anno 1657. Ten years after the said Treaty, the French King in the Treaty be­twixt [Page 87]him and Spain, Styles himself a Confederate for the Maintainance 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 Castle­main pa. 248. What Catho­lic Prin­ces in Germany enjoy Religi­ous Lands. as well as his Father Maxi­milian, not only enjoys the Revenues of several Abbies, but have endowed new Col­leges with some of the same Lands, and charged others with great Pensions, and all this with the Popes positive con­sent.

The Duke of Newburg also, that now is Palatin hath ob­tained a dispensation for what he and his Father possessed since Luthers time which be­longed to the Church, and the Landgrave of Hess has obtain­ed the like

However since upon the ac­count [Page 88]of these Treaties, That the Re­formed Princes enjoy the Re­ligious Lands not­with­standing the Popes 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 obtain'd the Confirmation of two Popes.

Neither is it so new a matter, as some may imagin, that an Act of Parliament in England hath been here Judged valid, tho' it Diametrically thwarted a Canon of the Church, which [Page 89]is evident in the Statute 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 Bishops 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 Decret. Greg. Tit. 17. c. 1. Decree of Pope Alexander the 3d. Circa Annum 1159. 5 ^o. 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. Hist. Reforma­tion lib. 2. p. 298. Burnets 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 [Page 91]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 Judgment of God that fell on Balthazar 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 Indemp­nity and Permission to keep them, rather than a Declara­tion that the Possessors had a Lawful Title.

This you enforce from the Authority of Letter to Dr. Burnet, one who assures us he had met with a [Page 92]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 Emperors 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 shew the Infidelity of [Page 93]the Author of this Letter, and the designed misapplication of the whole, you must give me leave to shew, 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 Legat, 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 carryed more Grace and Favor than was intended or al­lowed of at first.

To this I answer, he might [Page 94]have known that Cardinal Pool was returned from Rome long before November 1553. for he had taken up his Habi­tation at 1 ^o. Post initum Julii 3 ⁱ. Ponti­ficatum Anno &c. 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 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 [Page 95]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 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 receit of it, sent his own Gentleman with new Letters to Rome, and removed in October from the Monastery Iter mense Octobri [ Anno 1553.] parat & Maguza­no ad Insulam Benaci Lacus proficisci­tur. Idem. pa. 22. B. to a Neigh­boring 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 [Page 96]Power, nor ever returned thi­ther any more.

As to the proceedings 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. Burnets 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 Popes 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, [Page 97]therefore it is not to be won­dered at, that Cardinal 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 stopt 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 shewn, and the Emperor had an apprehensi­on, that his design in this might be thwarted by Cardi­nal Pool, and the Lord Chan­cellor Gardiner. For when [Page 98]the 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 Cardinals 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 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 Arch­bishoprick [Page 99]of Canturbury.

Edward Dug­dales ba­ronage, part 1. fol. 643. Courtn [...]y Earl of Devonshire, Son of Henry, Son of Will. Courtney Earl of Devonshire, and Katharine 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 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 Sommerset, sent to the Tower, bereaved of the Ensigns of the Garter, and Fined 6000 l. Upon King Edward the 6th's Death he joyned with the Earl of Arundel, to set up Queen [Page 100] 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 en­deavors to get the Emperor to Insist upon the security of Ab­by-lands, when he was sent with Edward 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 joyned William Earl of Pembrook, the Lord Russel, and [Page 101]Sir William Peters, 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 pretentions to the Lady Elizabeth, and his Confederacy with Wyat were alledged.

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 joyning 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; stu­dyed all the ways he could to render the Match more accep­table to the English, and by the composing Mens minds there, and gaining a firm securi­ty, that all might enjoy their [Page 102]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 havin [...] 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 [Page 103]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 Popes encreasing 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 Emperors Court, nor even in England at first, how much would satisfie; 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 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 Spains 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. 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 Legat could go over.

Also in the Letter from the Cardinal Pa. 15. to the Pope, Da­ted from Bruf;sels, October 13th. [Page 105]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 shew 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 affraid — and such regard the Pope had to the King and Queen of England, Pa. 16. that he was resolved to grant, upon their Intercession, [Page 106]whatsoever should be thought convenient, to such persons as they should think worth gratifying, or were capable to assist in the design of setling the Religion.

Yet it appears, The cau­tious pro­ceedings of the Emper­or in propos­ing dif­ficulties. that this did not fully satisfie 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 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 [Page 107]Habit, was so Universal, that his Son had been advised to make the Friers 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 Em­perors 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 past; but resolved to give no grants of them for the future, Note, the Queen did In­terceed for all. except only to such as should Merit it, and for whom the Queen should in­terceed, and whose Zeal in the matter of Religion might deserve such a favor, 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, [Page 108]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, Objecti∣on Objecti­on that only move­able 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 Balthazar, 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 moveable Goods, which they had consumed and for freeing and discharging them for them, they [Page 109]restoring first (if that should seem expedient to him) the Lands themselves that were unduly de­teined 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 Letter to Dr. Burnet. Ac cum possessoribus bonorum Ecclesiasticorum ( resti­tutis prius, Si 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, &c.

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, Tythes, or Pensions [Page 110]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 possess'd them, all the movable things of the Church, yet he would have all admonished, that they having before their Eyes the severity of Divine Judg­ment against Balthazar Stat. 1 ^o. & 2 ^o. Philip. & Mariae. c. 8. &c. 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 [Page 111] Corah, Thu­ribula, &c. 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 ima­gin, that the Cardinal would not Judge the Chalices, &c. such?

Secondly, As to the clause of the Breve, I shall presently shew how much that Power was enlarged by those that fol­low, and even in that it is left to the Cardinals 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 it self.

From hence we may judge the Enviousness of the Pa. 7. expressions of the Author of the Letter to Dr. Burnet, that [Page 112] 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, Hist. Reforma­tion 2. §. p. 298. Dr. Bur­nets 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 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 [Page 113]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 Idem pa. 11. cross accident, would by the Priests Rhetorick look like the beginning of the Curse which fell upon Ananias and Saphira, &c.

Whereas I shall make it ap­pear, No rea­son for such scruples. that Roman Catholics, by the Popes Dispensation, think themselves acquitted in foro conscientiae, and for Prote­stants I think they entertain no such scruples: Since all that Sir Henry 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 [Page 114]Houses, yea or to Parish Churches, that they number it among the designs formed to recover 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 Monks 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, &c. were exempt from several burthens 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 [Page 115]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 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, [Page 116]or at least on the Possessors of the Abby 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 Doctrin 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 clamor, which the apprehension of the return of Po­pery was raising, that so it might once enter with less opposition, and then it could be easie to carry all lesser matters when the great Point was once gained.

I shall now therefore shew 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 [Page 117] 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 Emperors 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 [Page 118]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. 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, [Page 119]& insuper à nonul­lis, haesitatur an à Facultatibus hujusmodi, &c.

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, &c. 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 [Page 120]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, &c.

The Breve English­ed. In English thus.

‘Altho' 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 [Page 121]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, &c. 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, &c. During this thy Legation, give thee Power to use by thy self; 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, [Page 122]and Prosecute, all and singular things which for the Honor 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, &c.’

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 [Page 123]the Cardinal, to grant every thing that tended to the Ho­nor of God, the Pope, &c. which in the Opinion of all Roman Catholics nothing could more effectually do, than the reduc­ing the Kingdom, &c. to the Communion of the Catholic Church.

The second Breve of the 28th. of June, being to be found, 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 by-past, The Breve of the 28th. of June 1554. hope was given us, by Gods 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 [Page 124]the Union of the said Catho­lic and Universal Church, without which Salvation can be to none; therefore we de­stine 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 Moveable Goods wasted, and them to free and acquit [Page 125]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 dayly more to be hoped; and the matter may be known, thereby to have more easie progress, so much the more, as we shew 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 [Page 126]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 Vertue, 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 Moveable, as Immoveable 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 [Page 127]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-Goods, un­less by observing a certain Form, or any other Apostoli­cal Edicts, General or special Constitutions and Ordinati­ons in Provincial or Syn [...]dal Councils, or any Oath, or Apostolic Confirmation of any Churches, Monasteries, or other Regular or Holy [Page 128]Places, or by any other Firm­ness corroborated, Foundati­ons, Statutes and Cust [...]ms, 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 Popes 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 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 [Page 129]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. Pa. 14. Burnets 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 Cardinals hands Immediately to the Possessors, or should be [Page 130]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 objecti [...]ns a­gainst the fulness of Cardinal Pools Powers granted by Pope Julius the 3d. It is full time to consider the Transactions of [Page 131]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 it self, I think it necessary to shew the Cardinals Progress towards the Reconciliation, which was the Foundation of the Confirma­tion of the Abby 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 [Page 132] Duditius in his Life of Cardinal Pool, an Author I shall have occasion to mention here­after.

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.

By this Journal it appears, that the Reconciliation was first performed, before the Bill for the securing of Abby­lands was perfected in the Houses: So that all the Mem­bers [Page 149]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. 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 Abby and Chantry Lands; for the Lords and the Parliament would grant nothing on the Popes 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 [Page 150]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, &c. 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, 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 [Page 151]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 Vita Cardinalis Pol. p. 30. De Angliae ad Pristi­nam Fidem reditu mag­na ubi (que) gratulatio facta est, magna (que) laetitiae sig­nificatio. Omnibus locis sup­plicationes decretae, ac meritae Deo gratiae actae sunt: Prae­terea Julius III. Pont. Max. am­plissimum Jubilaeum promulga­vit. re­joycing 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 wondred at, than that K. Henry VIII. could suppress so many Abbies 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 entituled, 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,

After some other things, follows in these words: Concer­ning Ab­by-Lands, &c. 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, Abbies, 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 [Page 155]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 [Page 156]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 Second Parlia­ment 1 ^o. 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 [Page 157]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, shewing,

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, &c.

And so the Car­dinal passeth to the particulars in the Supplication: And last­ly as to the Ecclesiastic Goods, adds these words.

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 Move­able 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 Judg­ment against Balthazar King of Babylon, who converted to prophane 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 intreating 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 [Page 167]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 Burthens,’ 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, [Page 168]Obits, &c. 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 Legats Absolution and Remission were sufficient ac­cording to the Canon Law, will not be denyed 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 Legat acted by the Per Autorita­tem Sacra­tissimi Do­mini nostri Papae cujus vices su­stinemus. Au­thority of the most Holy Lord the Pope whose Person, Charact­er [Page 169]or Power he hath, for the word Vices Implys; that he was his Compleat Substitute to do as much as he could do, and in another place of the same Absolution he expresseth his Powers thus, by Autho­ritate A­postolica per literas &c. 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 endea­vor 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 Gentlemens, whose Sentiments you so zealously have embraced.

The words of Soave Fol. 367. are thus rendred into English by Sir Nathaniel Brent.

Thus far Soave.

In Answer to this, Cardinal 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 [Page 174]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 Subjects Possessions, it was Judged profitable to use con­descention; lest with a pay of so great Interest, they should Enroll the Usurpers under the Standard of Heresie 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 Ricaut continua­tion 110. represented by Historians to be a Morose Man, [Page 175]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 Pa. 112. Answer to Soa­vis 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 Sequestred 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 encreas­ed by that ill Treatment, and Injustice Pa. 113. which the Vice-King of Naples once used to­wards his own Person. For being Created by Paul the 3d. Arch-bishop of Naples he was debarred from the Possession and benefits thereof by the Vice-Roy, on no other pre­tence, [Page 176]than that he was sus­pected to favor 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 then burst forth and vent it self; so that he made a stricter Union with France, and commenced a War against Philip King of Spain.

Yet it is likewise noted, p. 112. That notwithstanding the Pride and rudeness of his Nature, he did several things in the beginning of his Papacy to gratifie and please the people of Rome, inso­much that they erected a Sta­tue of Marble for him in the Capitol: And I shall now en­deavor to m [...]ke it clear, that he did ratifie what Cardinal Pool had done; and that his Animo­sities against Spain or Cardinal Pool (whom he p. 118. recalled from [Page 177]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 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 Coun­treys; but staid 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 ratifie 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 Candor and Vir­tue, [Page 178]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 endeavor 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 copy'd it from [Page 179]the Original, in the custody of the Honorable Sir John Trevor, Master of the Rolls, whose singular favor 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 Majesties 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, &c. these following words are entred▪

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 Colums; in the first of which are the Names of the Bi­shops 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 [Page 181]which, I shall translate into English the Copy of it, to be found in 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. Peters.

The Title is, The Bull of Paul IV. Bishop of Rome; in which, for better caution, he especial­ly and expresly approves and confirms to William Peters, Knight, and Counsellor of the King, all and singular the sales of several Mannors, &c. 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.

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 [Page 190]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 favor of Dr. Ber­nard for the loan of this rare Book. Andreas Duditius Writes on this Subject, whose Testi­mony is the more Authentic, in that he not only Translated out of Italian In prae­fatione Libri de vitâ Car­dinalis Poli Imp. Venetiis 1563. into Latin, the Life of Cardinal Pool, (Writ by Becatellus Arch-bishop of Ragusa) but added several things of his own knowledg, 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 [Page 191]which might conduce to the com­pleat restoring of Piety, and the repair of the Ruins of the Church, made in late times: Dealt with the Queen, 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 her self 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 her self long to be intreated, but l [...]ying 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 encrease the Worship of God, and Establish the Ecclesiastic State, and these, were said to be almost [Page 192]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 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. Moveable and Immove­able) 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.

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 concil 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 no ways derogate.

SECT. X. The Application of what hath been offered towards the Assurance of Abby lands to the present Possesors.

I know nothing can rational­ly be urged now against the security, Objecti∣on but that either the Pope hath no such Power of dispensing with what is obtain­ed by Intrusion, or that what [Page 194]one Pope doth, another Suc­ceeding Pope may disannul, especially where so great con­cerns of the Church may in­vite to it.

As to the first, Answer∣ed whatever Opinion hath been or is held by some, of the Popes want of Power to dispense, it is most evident, that de facto for many 100 of Years they do and have dispensed with Canons, &c. 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 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, [Page 195]& 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 conferre, 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 summ 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 [Page 196]Pope on his certain knowledg 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 Livings Possessed by Church Men, Objecti∣on but here you will say are Church Lands Pos­sessed by Lay men which ex­treamly alters the case.

In Answer to which, Answer all that I have in the last two Sections discoursed, proves it as appli­cable [Page 197]to our case; for if the Popes 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 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 [Page 198]the Superior may be fulfilled, viz. that the public good and tranquility be conserved, and there be an end of strife.

So in another case the fore­cited 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 [Page 199]lose our Faith, we our selves saith he, nourished and taught in the Catholic Faith, scarce consent to pay full Tythe 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 your self to ap­ply it. I no ways meaning to compare Possessors of the Church-lands in Queen Maries Days, to a People newly Con­verted from Paganism; but on­ly to let you see in that Learn­ed Mans Opinion, how much the retaining them in the Ca­tholic Faith was to be prefer­red before the exacting of Tythes.

I come now to the last re­maining [Page 200]Objection, Last Objecti­on. that by the Revocation of former Popes Grants, and Decrees by Suc­ceeding Popes, and by their non-obstantes of Canons, &c. 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, Answer∣ed 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 over-ballanced 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; [Page 201]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 Tranquility 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 [Page 202]that time many Catholicks (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 Non­claim, & 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 intend 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 [Page 203]attempted to be revoked by a­ny English Parliament, No Eng­lish Par­liament will at­temptit. tho' their majority should be Roman Catholics, (which in it self is such a monstrous postulatum, as sure no Protestant Ʋnbeliever 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 fei­zible, 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 [Page 204]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 self-denying Parliament as will part with their Inheritances, Entails, Set­tlements, Mortgages, and Pur­chases, upon some peoples sug­gesting a Sacrilege to them, (not believed by themselves or [Page 205] 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 canker'd dispo­sition, that, tho' they believe not one syllable of what they publish on this Head to be true, yet studiously endeavor to spread abroad the suspicion, for [Page 206]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.