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
Tom. 1. fol. 156. c. 2. D. Omnes tales praesumptores Ecclesiae raptoresatque suarum facultatum Alienatores a liminibus sanctae matris Ecclesiae Anathematizatos Apostolica Authoritate pellimus denunciamus atque Sacrilegos esse judicamus non solum eos sed omnes consentientes 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 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 (e) Qua Divinis sunt Assignata usibus ad humanos usus sine Sacrilegio non posse transferri Idem f. 83. Epistle of Pope Pius I. An. 155. it is expressed That those things which are assign'd to Pious Vses cannot be transferr'd to Human Vses without Sacrilege And so he orders such to be esteemed and judged In the Council of (f) Concilium Agathense Id. to 3. fol. 712. Col. 1. c. â— Agatha in the time of P. Symmachus about Anno 506 cap. 1. n. 7. it is thus decreed Casellas vel mancipiola Ecclesiae sicut prisca Canonum praecipit Authoritas vel vasa ministerii quasi commendata fideli praeposito in Integro Ecclesiae Jure possideant Ideoque ut neque vendere neque per quoscunque contractus res unde pauperes vivunt alienare praesument Which is to be rendred thus That the Churches in full right possess the Houses and Farms and the Vessels of Vse 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 (g) 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 persist in the defence of such possession And further it is declared That such are to be judged Murderers of the Poor and if they amend not the fault are to be Excommunicated In the third Council of (h) Haec Synodus nulli Episcoporum licentiam tribuit res alienare Ecclesiae quoniam Antiquioribus Canonibus prohibetur Idem Tom. 4. fol. 503. Toledo it is decreed That no Bishop have Power or 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 (i) Si quis Episcopus vel Monasterii Praefectus inventus fuerit ex Episcopatus vel Monasterii Agris in Principis alicujus manus alienare vel alteri personae tradere nullius sit momenti Traditio Idem Tom. 6. fol. 124. of Nice under Constantine and Irene wherein it is thus decreed That if any Bishop or Superiour of a Monastery be found to alienate into the hands of any Prince or deliver to another person thâ— Lands of the Bishopric or Monastery such Alienation shall be of no force You refer me also to the Council of Milden (k) Idem Tom. 6. fol. 410 C. D. under â—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 Whâ—refore according to the Statute of the Canons if any by the study of a depraâ—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 That I will peruse the Collection of the Decrees of Councils (l) 12. q. 2 pertotum and Epistles of the Popes against Alienations of Lands or Goods once given to the Church in the Canon-Law I know you expect a very positive Answer to these Canons which you think bind all that are or shall be in Communion of the Church of Rome and with the Author of the Letter to (m) p. 11. Dr. Burnet are ready to say That a man may as well be a Papist and not believe Transubstantiation nor worship the Host as be one and still enjoy Church-Lands and that no Confessor that understands the Principles of his own Religion can give Absolution to such as are involved in that 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 rights of it both as to Jurisdiction and Patrimony The like we find enacted in our own Kingdom since the Reformation (n) 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 (o) 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 (p) Apolo cap. 39. and 42. Tertullian and St. (q) Ep. 266. you may see for these Syn. Gang. Can. 66. Selden Hist 83 84. Cyprian who lived about An. 200 and 250 after our Saviour that the maintenance of the Clergy was then by Monthly or frequenter Offerings and the last Father compares them to the Roman Sportula (r) Gelasii Dec. c. 27. Ivo 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
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 â—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 (f) Idem pa. 8. New Breves obtained with larger Powers Register that the Limitations in the former Breve viz. the 8th of March 1554. were so distasteful both in England and at the 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 Legates had done so he gives us no Transcript of that whereby his Insincerity is most manifest for the words relating to this affair in that Breve are very material which I shall give you Transcribed from the Register by a Reverend person in whose Possession it is at present The Breve (g) Registrum Negotiationum Cardinalis Poli. At licet te multis quidem amplissimis facultatibus quibus etiam in partibus Flandriae existâ—ns quoad personas negotia Regni Angliae uti possis per diversas nostras tam sub plumbo quam in forma Brevis confectas literas munivimus prout in illis plenius continetur Quia tamen ob Schismata alios errores quibus dictum Regnum diutius infectum fuerit multi casus potuerunt contingere qui provisione per dictam sedem facienda Indigebunt sub dictis facultatibus velut Infiniti inexcogitabiles comprehendi nequiverunt insuper à nonullis haesitatur an à Facultatibus hujusmodi 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 tibi alias concessis non veniant sed specâ—alem expressionem mandatum magis spâ—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 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 fâ—r the Persons and Affairs of the Kingdom and the Isles and Dominions of the same and to Pronounce Do Exercise and Prosecute all and singular things which for the 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 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 (h) Letter to Dr. Burnet Printed at length in the said Letter I shall not Transcribe the Latin but only Translate it the Tenor follows Whereas in the late Months 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 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
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
shew their duty by the Canons is to preserve the Goods of the Church and the care of Souls was committed to them and they were apointed Defenders Curators of the goods Jurisdictions and Rights of the said Churches by the dispositin of the Holy Canons Therefore they ought with the remedies of Law to recover to the ancient Right of the Church the Goods Jurisdictions Rights of the Church (q) de perâ—â—â—â— amâ—â—â—a spent or lost in the late pernicious Schism The reasons why they desire their confirmation as preferring public Peace before privat commodity Nevertheless having had among themselves mature counsel and deliberation they do ingenuously confess themselves best able to know how difficult and as it were impossible the recovery of the Goods of the Ecclesiastics would be by reason of the manifest and almost inextricable Contracts and Dispositions had upon them and if those things should be questioned the quiet and tranquility of the Kingdom would be greatly disturbed and the unity of the Catholic Church which by the Piety and Authority of their Majesties was introduced into the Kingdom with greatest difficulty could obtain no due progress or finishing Therefore preferring the public quiet before privat commodities and the health of so many Souls redeemed with the precious Blood of Christ before earthly Goods not seeking their own Profit but the things of Jesus Christ They earnestly request and most humbly supplicate their Majesties in their names to communicate these things to the Legat and vouchsafe to intercede Here note by Goods Bona in the Canon-law all Lands as well as Chattels are comprehended That concerning these Ecclesiastical Goods in part or in whole according to his pleasure and the Faculty and Power given him by the most holy Lord the Pope he would enlarge or set at liberty and relax the detainers of those goods preferring public good before private Peace and Tranquility before Dissolution and Perturbation and the health of Souls before earthly Goods They giving their assents to whatever he should do and that in the premises he would not be strict or difficult The Dispensation of the Cardinal Then follows the Cardinal's Dispensation wherein after the recital of the several breaches of the supplication of the Parliament and the uncanonical things that had been done it is added The reasons laid down why the Cardinal dispenseth c. That as to Ecclesiastical Goods they were seized and possessed by divers persons of the Kingdom which tho' by the Constitutions of the Canons they might be declared void yet if they should be revoked into any other State than in which they then were the public Peace and Quiet of the whole Kingdom would be disturbed and the greatest Confusion would follow especially if the possessors of the same Goods should be molested Therefore the Parliament have humbly supplicated their Majesties that they would vouchsafe to intercede with the Cardinal And whereas the Bishop the Clergy of the Province of Canterbury representing almost the whole body of the Ecclesiastics of the Kingdom to whom the cause of those Ecclesiastic Goods do mostly appertain have declared That these Goods cannot be recalled to the Right of the Church but the universal Peace and Quiet of the Kingdom will be disturbed and the cause of the Faith and the Unity of the Church now by the consent of all introduced into the Kingdom shall be brought into extreme danger and have supplicated c. as before is rehearsed The Cardinal's Authority Therefore We who are sent Legat de latere to your Majesties and this most Noble Kingdom from our most holy Lord Pope Julius III. his and the Apostolic See That we might reconcile the Kingdom which hath so long been separated from the Unity of the Catholic Church to God the Church of Christ and his Vicar upon Earth and should with all study procure all those things which appertain to the Peace and Tranquillity of the Kingdom After by the benignity of God and the Piety of your Majesties by the Authority of the said our most holy Lord the Pope whose Person We here represent the Reconciliation is made That we may take care for the Peace and Tranquillity of the said Kingdom and the Unity of the Church from whence the Salvation of so many Souls redeemed by the precious Blood of Christ depends now introduced into this Kingdom may be strengthened and remain safe The stability of the Reconciliation the Peace consists in the assurance of Abby-Lands And whereas the stability of either of them consists mostly in that no molestation be brought upon the Possessors of Ecclesiastical Goods whereby they may not retain them which so many and such grave Testimonies cause us to believe and the Intercession of your Majesties who have so studiously and holily labored for restoring the Unity of the Church and the Authority of the Apostolic See may have that Authority with us that is fit and that the whole Kingdom may know and in truth and reality experience the Motherly Indulgence of the Apostolic See towards it Absolving and judging to be absolved every one to whom these Writings may appertain from all Excommunications Suspensions Interdicts and other Eâ—clesiastic Sentences Censures and Punishments by Law or by Man upon any occasion or cause whatsoever Pronounced if for the cause aforesaid only they be inflicted And so the Cardinal passeth to the particulars in the Supplication And lastly as to the Ecclesiastic Goods adds these words The words of the Dispensation and confirmation of Abby-lands notwithstanding Canons and constitutions c. to the contrary And to whatever person of this Kingdom to whose hands Ecclesiastic Goods by whatever contract either Lucrative or Onerose they have come or they have held or do hold them and all the Fruits tho' unduly received of them in the whole he doth remit and release Willing and decernning that the Possessors aforesaid of the said Ecclesiastic Goods Moveable and Immoveable may not at present or for the future by the Dispositions of General or Provincial Councils or the Decretal Epistles of Roman Bishops or any other Ecclesiastic Censure be molested disquieted or disturbed in the said Goods or the Possession of them nor that any Ecclesiastic Censures or Punishment be Imposed or Inflicted for the detention and Non-Restitution of the same and so by all kind of Judges and Auditors it ought to be adjudged and defined taking from them all kind of Faculty and Authority of Judging otherwise and decerning it to be Null and void if any thing happen to be attempted to the contrary Notwithstanding the foresaid defects or whatever Apostolic Special or General Constitutions and Ordinances Published in Provincial and Synodal Councils to the contrary An Admonition to those that do hold the Goods of the Church and an exhortation to allow maintenance to Parish Parsons and Vicars Then follows the Admonition that tho' all the 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 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 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 (Å¿) Per Autoritatem Sacratissimi Domini nostri Papae cujus vices sustinemus Authority of the most Holy Lord the Pope whose Person Character or Power he hath for the word Vices Implys that he was his Compleat Substitute to do as much as he could do and in another place of the same Absolution he expresseth his Powers thus by (t) Authoritate Apostolica per literas 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 (a) Fol. 367. are thus rendred into English by Sir Nathaniel Brent John Peter Caraffa by the Name of Paulus 4us being Created Pope 1555. On the first Day of his Papacy the English Ambassadors from King Philip and Queen Mary entred Rome viz. The (b) Hist Reformation part 2. fol. 300. Viscount Montacute the Bishop of Ely and Sir Edward Carn there being one to Represent every State of the Kingdom sent to make their Obedience to the Pope and to obtain a Confirmation of all those Graces Cardinal Pool had granted in the Popes Name saith Dr. Burnet At the first Consistory after the (c) Idem Soave The Popes Reception of the Ambassadors from Queen Mary Coronations the Ambassadors were brought to it who prostrating themselves at the Popes Feet did in the Name of the Kingdom acknowledg the faults committed relating them all in particular for so the Pope would have it Confessing they had been ungrateful for the many benefits received from the Church and humbly craving Pardon for it The Pope did Pardon them took them up from the ground and Embraced them and to Honor their Majesties that sent them gave the Title of a Kingdom to Ireland In private Discourse saith our Author His reprehension of the proceedings in England betwixt the Pope and the Ambassadors he found fault that the Church Goods were not wholly restored saying that by no means it was to be Tolerated and that it was necessary to render all even to a Far thing because that the things that belong to God can never be applyed to Human uses and he that witholdeth the least part of them is in continual State of Damnation That if he had Power to grant them he would do it most readily for his Fatherly Affection which he beareth them and for his experience of their Filial Obedience (d) Mr. Fox saith the Pope published a Bull in Print against the restoring Abby-lands which Dr. Burnet affirms also Appendix fol. 403. but his Authority was not so large as he might prophane the things Dedicated to God and let England be assured that this would be an Anathema and a Contagion which by the just Revenge of God would always hold the Kingdom of England in perpetual Infelicity and he charged the Ambassadors to Write thereof Immediately and was not content to speak of it once but repeated it as often as there was occasion and said also plainly that Peter Pence ought to be payd as soon as might be Thus far Soave In Answer to this Cardinal (e) Lib. 13. c. 13. Cardinai Palivicino's Assertion about the confirming Religious Lands Palivicino after his Discourse of the business of the Kingdom of Ireland as to the Restitution of the Ecclesiastic Goods in England saith because in that Kingdom during the time of the Schism most grieveus Usurpation of Church-lands had been made as he had before related some by private persons others by the Crown Those were with great Liberality restored by the Queen But concerning the others i. e. those in the Subjects Possessions it was Judged profitable to use condescention lest with a pay of so great Interest they