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 (f) Ricaut continuation 110. represented by Historians to be a Morose Man of a Saturnine Temper being the first Author and Contriver of the Inquisition and that by a new Decree he retrieved all those Goods and Ecclesiastical Revenues which had been (g) Pa. 112. Answer to 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 (h) 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 than that he was suspected to favor the French party and upon that affront he would have persuaded Paul IIâ— 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 (i) 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 mâ—ke it clear that he did ratifie what Cardinal Pool had done and that his Animosities against Spain or Cardinal Pool whom he (k) p. 118. recalled from his Legatship in England were acts of a later date and he had the good conduct and fortune to prove a successful Instrument in making that memorable Peace betwixt Philip King of Spain and Henry King of France And it is apparent by Sir Edward Carne's (l) Hist refor collect Rec. fol. 315. See concerning Pope Paul IV's revocation of Cardinal Pool Duditius p. 34 35. Letter that the Pope did revoke the Cardinal only because of the War with Spain as he did his Nuncio's from all King Philip's 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 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 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 After which was read a Bull from the Pope's Holiness confirming the doings of my Lord Cardinal Pool touching the Assurance of Abby-Lands c. after which the Speaker with the Commons departed to the nether House It is true there is nothing of this mentioned in the Journal of the Lords but whoever looks into their Journals in the Reign of Queen Mary and those before and some while after will find little in them besides the names of the Proxies for the absent Lords on one side and then the Folio divided into three 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 which I shall translate into English the Copy of it to be found in (m) Ecclesiae collegiate fol. 207. Sir William Dugdale's last Volume of his Monasticon transcribed from the Original in my Lord Peter's custody The Bull of Confirmation of Abby-Landsto Sir Will. 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 Paul Bishop Servant of the Servants of God to the perpetual memory of the Fact. By the accustomed bounty of the Apostolic See it becomes us freely to impart Apostolic Favor to those which require Quiet and Tranquility especially when it is humbly desired from us and reasonable causes persuade it and that they may remain undisturbed jâ—â—ibatae to add the stability of Apostolic Munition A Petition being lately exhibited to Us on the part of Our beloved Son the Noble Sir William Peters Knight and Counsellor of the King of the Diocese of Exeter That heretofore King Henry
many thought The Templars were thus suppressed and four Years after the same Pope (h) 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 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 (i) Sic igitur in praemissis vos promptos paratos exhibeatis quod praeter retributionis aeterni praemium quod inde merebimini vobis laudis humanae cumulus augeatur and that they would in the premises shew themselves ready and prompt whereby besides the praemium of Eternal reward which they should 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 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 Vniversal 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 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 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 (k) 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 (l) Esc 21. E. 3. n. 54. Inquisition being taken after the Death of John Lord Darcy called le Pere it is thus Recorded that the Manor of Temple-newsom some time was in the Possession of the Templars and after the deposing of them the King seized it into his hands and made a composition with the Brethren Hospitalers and gave it to Mary St. Paul Countess of Pembrook for Life the reversion to John Darcy and his Heirs Besides this in the 18 (m) Cart. 18. E. 3. M. 1. of E. 3. this John Darcy le Pere had free Warren granted him in Temple-newsom and Temple-Hyrst Com. Ebor. and Torksay Com. Lanc. and Ekington Com. Derby and Kirkly Com. Not. all which unless the two last certainly belonged to the Knights Templars And I have seen sufficient evidence that Temple-newsom at least continued possessed by the Family till it was forfeited by the Attainder of Thomas Lord Darcy towards the later end of H. 8ths time Surely you must yield that Alienations and Compositions for Religious Lands have been reputed valid in former Ages when the Canons of the Church and the Popes Authority were no ways questioned by the extruded A part of Lincolns-Inn is owned (n) Bucks univer p. 1072. Part of Lincolns-Inn and Grays-Inn formerly Religious Lands to have appertained to the Dominicans and by them Alienated to Henry 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 Religious Societies or the Dignitaries of the greatest Cathedral in England To descend nearer to our times I have seen the Bull of (o) Ex Autographo in Archivis Scaccarii Dissolution of several Monasteries to endow the College of Winsor Castle and Kings College Cambridge Pope Clement the 7th
did his utmost endeavors to get the Emperor to Insist upon the security of Abby-lands when he was sent with Edward (n) Duditiu◠vita Poli p. 26. Lord Hastings Master of the Horse about September 1554. to fetch Cardinal Pool as well as he had done formerly in his Negotiations with the Emperor with whom joyned William Earl of Pembrook the Lord Russel and 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 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 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 (o) Pa. 13. Author of the Letter to Dr. Burnet for he owns that it appears by the Breve the 10th of July 1554. that the Pope in consideration of the Prince of 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) 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 (q) Pa. 15. to the Pope Dated from Bruf sels October 13th 1554. he gives his Holiness an account that he had told the Emperor that tho' as to matters of Faith the Pope would slacken nothing How far the Pope granted to yield nor 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 (r) Pa. 16. that he was resolved to grant upon their Intercession whatsoever should be thought convenient to such persons as they should think worth gratifying or were capable to assist in the design of 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 (ſ) Pa. 17. further gave him to understand that regard must be had to the ill dispositions of the parties concerned since the Aversion that the English Nation had to the very name of Obedience to the Church or to a Red Hat or a Religious Habit was so Universal that his Son had been advised to make the 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 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
he was by the Bishop of Winchester and several Nobles conducted to Lâ—mbeth which the Queen had caused to be Richly furnished for his Reception After three Days he waited on the King who met him out of his Bed-Chamber bringing a bundle of Letters directed to him lately brought from Rome and with them the Pope sent an (c) Cum eoque Pontisex Facultatum Legati Amplisicationem miserat quae maxime expetebatur Id. p. 27. b. Amplification of his Powers which was greatly desired saith my Author by which expression it is manifest that this Bull was satisfactory The Day after the King gave a visit to the Legat and there they had Conference how the Kingdom of England might be revoked to the Unity of the Church The Cardinals Speech to the Houses The next Day the Cardinal came to the Parliament and Lord High Chancellor made a Speech to the Houses letting them know how the Cardinal was sent as Legat from the Pope to their Majesties and all the Kingdom of England and having explained to their Majesties the Commission of his Legatship in the Audience of all The Cardinal in the English Tongue made a long (d) Has viz. Leges quod illâ— abrogâ—sseâ—t iis sese pro tamo benefiâ—â—o gratiâ—s agâ—â—eâ—eâ— babâ—tuâ—um semper quantas possit maximas atque hoc quidem Beneficium eo sibi contigisse gratius quod facultatem sibi praeberet vicissim illis Inserviâ—â—i intanta re causâ quae tantopere ad eorum incolumitatem sâ—lutem pertineret seque Illuc propterea venisse at quemadmodum ab illis in terrenam patriam nobilitatem Restitutus ipse fuâ—rat ita rursuâ— eos in coelestem Patriam aâ— Nobilitatem Restâ—turet qua ipsimet sese tum privassent cum ab Ecclesiae unitate desciverant Idem p. 27. b. Oration thanking them for the taking off the Laws that hindred him from entring the Kingdom and this favor he â—â—â—d was the more acceptable to him in that it gave him a Power on his part to serve them in such a matter and cause which so greatly appertained to their safety and Salvation That he came thither for that cause that as by them he was restored to his Earthly Country and Nobility so on his part he might restore them to their Heavenly Country and Nobility which they had deprived themselves of when they departed from the Unity of the Church Then he remembred them what Calamities they had undergone how great a Benefit by the great bounty of God was proposed to them and how great benefits in all times especially from the Apostolic See were afforded them that they might at length acknowledge the Errors of former times and truly and from their Souls detest them and exhorted them that with all alacrity of Soul they would receive and studiously retain the benefit that God in the Name of his Vicar by his Legatship had brought to them That it now remained that since he was come and brought the Keys by which he might open the Doors of the Church to them and as they had opened a Passage to him into his Country by abrogating the Laws which shut him out so on the other side he desired they would abolish all Laws which were made against the Apostolic See by which they were wholly cut off and torn from the rest of the Body of the Church While the Legat spoke these things all heard him with great attention and silence and many often lift up their hands that one might observe they were much moved and received no small Edification by the Speech of the Legat. Then the Chancellor in the Name of the King and the whole Parliament gave the Legat thanks and told him that they would deliberate among themselves of those things he had spoken The resolves of the Parliament conformable to the Legats Speech The Legat being withdrawn into the next Chamber the Chancellor made a Speech to the Parliament relating the summ of the Legats Speech and acknowledging that he himself was one of those that had fallen and admonished them how great the benefit of God to them was that all might again arise and exhorted them to receive the pardon offered them At the next meeting the Day after (e) Cum de eo relatum esset ut ad Ecclesiae unitatem rediretur Id omnes mirifica consensione approbarunt all with a wonderful assent yielded to return to the Unity of the Church The Legats appearance at the Parliament on the day of the Reconciliation The Day following being St. Andrews Day the Parliament assembled the King sent the Earl of Arundel High Steward of the House and six other Noblemen Knights of the Garter and as many Bishops to bring him to the Palace where the Houses convened The Legat was Apparelled with the Ornaments accustomed and had all the Ensigns of his Legatship and was received with much Honor by their Majesties The Lord Chancellor declared what was done the day before and asked all present whether they would confirm them and (f) Vt ipsorum nomine venia peteretur ad Ecclesiae vnitatem ac Pont. Rom. supremi ejus capitis obedientiam rediretur Id â—unctis magno clamore assentientibus in their Names that pardon should be asked and whether they would return to the unity of the Church and the Obedience of the Pope Supream head of it To this every one with a great noise assented The Petion of the Houses for Absolution Then the Lord Chancellor delivered their Majesties the Petition of the Houses in which they all declared their Penitence for their by-past Schism and for all things which they had admitted against the Apostolic See and the Church of Rome and they professed as much as in them lay in that very Parliament to disannul all those Laws which were made against the Authority of the Apostolic See and Church of Rome and prayd their (g) Reges ipsos oraebâ—nt utpoâ—e quos Deus ab â—ac labe puros aâ—que Intâ—gros conservasseâ— veniam sibi à Pont. Max. per ejus Lâ—gaâ—um Impetrarent ut in gremium ma ris Ecclesiae taâ—quam Filii reciperentur quos eorum oâ—anium quâ—e in â—llam anâ—eâ— deliquissent vere atque ex animo poeniâ—eret uâ—que ejusdem corpori à quo divulsi fuerant velut Germana viva membra rursus agglutinarentur Majesties whom God had kept pure and whole from that stain to intreat Pardon for them from the Pope by his Legat and that he would receive them as Children into the bosom of the Church repenting them truly and from their Souls of all things wherein they had sinned against it and that he would conjoyn them again as Brotherly and living Members to that Body from which they were torn The Queen desires the Cardinal to grant it When their Majesties had Read this Petition they gave it again to the Lord Chancellor who Reâ—d it aloud that all might hear it