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-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
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 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 (m) Hist Reformation part 2. fol. 300. Dr. Burnet saith was to thank God for the Reconciling them again to the Church And to keep up a constant remembrance of it it was ordered that St. Andrews Day should be still observed as the Anniversary of it and be called the Feast of the Reconciliation and Processions with all the highest Solemnities they at any time use were to be on that day Duditius tell us That there was every where great (n) Vita Cardinalis Pol. p. 30. De Angliae ad Pristinam Fidem reditu magna ubique gratulatio facta est magnaque laetitiae significatio Omnibus locis supplicationes decretae ac meritae Deo gratiae actae sunt Praeterea Julius III. Pont. Max. amplissimum Jubilaeum promulgavit 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 That much false Doctrin had been preached and written since the 20th of King Henry VIII How Cardinal Pool was sent from Rome Legat de Latere to call the Realm into the right way from whence it had strayed Then relates at length the supplication of the Parliament to the King and Queen to be a mean to reduce them into the Catholic Church by their intercession with the Legat-Cardinal for which I refer you to the Statute Then immediatly follows a Repeal of all Statutes made against the Supremacy and See Apostolic since the time of the Schism in accomplishment of their promise made in their supplication Upon which at the intercession of their Majesties by the Authority of their holy Father Pope Julius III. and of the Apostolic See they were assoyled How they were absolved discharged and delivered from Excommunications Interdictions and other Censures Ecclesiastical which had hanged over their heads for their said defaults since the time of the said Schism mentioned in their supplication Second supplication for taking away all occasion of contention Then follows another supplication to their Majesties That all occasion of contention hatred grudge suspicion and trouble both outwardly and inwardly in mens consciences which might arise among them by reason of Disobedience might by Authority of the Pope's Holiness and by ministration of the same unto them by Cardinal Pool by Dispensation Toleration or Permission respectively as the case shall require be abolished and taken away After some other things follows in these words Concerning Abby-Lands 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 of the Realm for the time being have the same For the avoiding of all scruples that might grow by any of the occasions aforesaid or by any other ways or means whatsoever The Petition of the two Houses to the K. Q. to be Intercessors to Card. Pool to confirm Abby-Lands it may please your Majesties to be Intercessors and Mediators to the said most Reverend Father Cardinal Pool that all such causes and quarrels as by pretence of the said Schism or by any other coccasion or means whatsoever might be moved by the Pope's Holiness or by any other Jurisdiction Ecclesiastical may be utterly removed and taken away so as all persons having sufficient Conveyance of the said Lands and Hereditaments Goods and Chattels may without scruple of conscience enjoy them without Impeachment or Trouble by pretence of any General Council Canons or Ecclesiastical Laws and clear from all dangers of the Censures of the Church Before I proceed further I think fit to note That by the consent of both Houses it seems clear that they looked upon those Lands to be well secured according to the Laws of the Land which appears because I find in the Journal of the (p) Second Parliament 1o. Mariae Bill prepared before the Cardinal's arrival Commons House That upon the 25th of April 1555. a Bill was engrossed that Bishops should not convent any person for Abby-Lands and the next day I find the Bill passed their House that the Bishop of Rome nor any other Spiritual Person shall convent any person for Abby-Lands So that what is to be cleared is that for removing of scruples of conscience and preventing the causes and quarrels moved by the Pope See-Apostolic or any other Ecclesiastical Jurisdiction there was effectual course taken The Clergy in Convoâ—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 That they viz. the Clergy were the Praefects of the Church The Clergy petition
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
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-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
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 have known that Cardinal Pool was returned from Rome long before November 1553. for he had taken up his Habitation at (d) 1o. Post initum Julii 3i. Pontificatum Anno 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 (e) Vincentius Parpala homo magno rerum usu atque experientia praeditus Id. p. 23. Parpaglia Secular Abbot of St. Saluto to give the Pope notice of it and to offer himself for the Spiritual Assistance of England this Letter bears date from that place 7. August 1553. The Pope had about the same time received the same news and motu proprio declared in Consistory Cardinal Pool Legat à Latere for England The Breve of the Legacy (f) Pont. Maximus Polo Legationem in Angliam decernit eique amplissimas facultates etiam creandi Episcopos tribuit Idem p. 23. A. bears Date the 6th of August The Gentleman whom the Cardinal had dispatched met the Messenger who carried the said Breve about Bononia and understanding his business returned back with him to the Cardinal who upon the receit of it sent his own Gentleman with new Letters to Rome and removed in October from the Monastery (g) Iter mense Octobri Anno 1553. parat Maguzano ad Insulam Benaci Lacus proficiscitur Idem pa. 22. B. to a 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 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 therefore it is not to be wondered at that Cardinal (h) Letter to Dr. Burnet The Reason why Cardinal Pools dispatch into England was so slow Morone should Write to Pool 13th of July that the Pope was not yet determined in the business of Church-lands but had spoken very often very variously concerning that matter Duditius gives a large account how the Emperor 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 the (i) Hist Reformation Part 2. fol. 258. and 259. The Reason of the Emperors staying the Cardinal is thus expressed by Duditus Queen sent Commendone afterwards a Cardinal to Rome to give the Pope assurance of her Filial Obedience and to move the Pope to send the Cardinal with a Legatine Authority He that Writes the 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 (k) Caterum cupiebat Caesar ut postâ—a Intellecâ—ium est Philippo ejus Filio Mariam Angliae Reginâ—m nub re Quae res Anglis cum â—â—rime probaretur nec vero Caesar nescius esset quanti Polum Regina multique in Anglia Primarii homines facerent cavendum stâ—â—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 of Canturbury Edward (l) Dugdales baronage part 1. fol. 643. Courtnâ—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 (m) Idem part 2. fol. 391. An. 1549. Paget one of the Executors of King H. 8th who in the 4th of E. 6th was sent Ambassador to Charles the 5th and the very next Year accused as one of the Complices of the Duke of 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 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-Church-lands as well as several others no doubt he