ordered to be banished the Realm his Temporalties seised his Lands and Goods forfeited Thomas Cranmer Archbishop of Canterbury was committed Prisoner and impeached convicted of High Treason against Queen Mary for aiding the Usurper Queen Iane against her and his Goods and Temporalties seised Edmond Grindon Archbishop of Canterbury falling into Queen Elizabeths displeasure was suspended from his Archiepiscopacy by her order till his death Archbishop Abbot for killing his Keeper by Chance-medly in shooting at a Back was suspended from his Archiepiscopal Jurisdiction by King Charles the first for sundry years and his Archiepiscopal Jurisdiction power delegated to others And Will. Laud the last Archbishop of that See in the Parliament of 16 Caroli was impeached of sundry High Treasons and high Misdemeanours against the King and Kingdom by the Commons of England and Scots Commissioners for which he was upon full Tryal and Hearing imprisoned atttainted condemned and beheaded on Tower-hill his Goods and Temporalties sequestred seised sold by Judgment and Ordinances of both Houses of Parliament To these numerous Presidents of the Archbishops of Canterbury I shall annex some paralel ones of the Archbishops of York VVilfred Archbishop of York for his Treason in favouring and aiding the rebellious Danes and perswading Queen Ermenburga to desert her Husband the King was by King Egfreds prosecution twice condemned and deprived of his Archbishoprick in two several Councils his Temporalties and Goods seised his Person imprisoned his Archbishoprick divided into two or three more Bishopricks and himself exiled some write for ten others for eight years together till at last with much importunity many Letters from the Pope others he was restored to his See Wolstan Archbp. of York for his hamous Treason in deserting his natural Christian King Edgar against his Oath Allegiance Piety Function Christianity and adhering to the invading heathen Danes who wasted the Country and endeavoured to rout out the Christian Religion and for murdering divers Citizens of Hertford was deprived of his Bishoprick and imprisoned by the King for a year and at last murdered himself Turstan Archbishop of York for receiving his consecration from the Pope at the Council of Rhemes against King Henry the first his expresse command and his own Oath and Faith to the King was banish'd the Realm his Temporalties seised by the King for five years space and he hardly permitted to return into England after many mediations and menaces of the Pope in his behalf Geoffry Plantaginet Archbishop of York for breaking his Oath with King Richard the first was kept from his Temporalties and imprisoned by William Longchamp After this Anno 1194. upon several complaints against him in Parliament for hindering the Kings Officers to gather a Tax in his Diocesse and sundry contempts against King Iohn his Lands and Goods were seised and returned into the Kings Exchequer by the Sherift of York-shire by the Kings command for which he excommuniting the Sheriff was suspended his Bishoprick and forced to pay a Fine of 1000 l. for his restitution After which for excommunicating those who collected a Tax for the King he was banished the Realm and his Temporalties seised for above five years time the See being kept void above ten years space in the Kings hand when he was first made Archbishop Thomas Corbrig Archbishop of York for obeying and preferring the Popes commands before the Kings in admitting the Popes Clerk to the Chapel of St. Sepulchres in York and rejecting the Kings about the year 1300. had for this his contempt three Baronies antiently belonging and annexed to his Archbishoprick taken away and kept from him by King Edward the first during the Archbishops life without restitution Alexander Nevil Archbishop of York was attainted of High Treason in the Parliament of XI King Richard the second his Temporalties and Estate seised and his Person adjudged to perpetual imprisonment in Rochester Castle who flying the Realm Pope Vrban made him Archbishop of St. Andrews in Scotland but the Scots refusing to own his Papal Authority he was stripped of both Archbishopricks and forced to live a poor Parish-Priest in Lovain till his death Richard Scroop Archbishop of York was condemned and beheaded for High Treason against King Henry the fourth and all his Temporalties Monies Goods seised and consiscated to the King An. 1405. George Nevil Archbp. of York Brother to Henry Nevil the Great Earl of Warwick a perfideous Traytor both to King Edward the 6th and Edward the 4th in the year 1472. was arrested of High Treason at VVindsor by King Edward the 4th all his Plate Money and other movable Goods to the value of 20000 l. seised for the King together with a Miter of inestimable value by reason of the many rich stones adorning it which the King broke and made a Crown thereof for himself the profits temporalties of hi-Bishoprick were taken into the Kings hands for above 4. years space and himself long imprisoned at Calis Guisnes for his Treason against the King Cardinal Thomas Wolsie Archbishop of York a most insolent proud ambitious covetous Prelate for his manifold misdemeanours Oppressions and high crimes against the King kingdom people and Kings royal Prerogative was first attainted in a Praemunire An. 21 H. 8. whereupon the K. seised all his Goods and took away the Great Seal from him After which the Lords and Parliament exhibited sundry Articles of High Treason and other Misdemenours against him Upon which by the Kings command he was arrested at Cawood of High Treason by the Earl of Northumberland in November 1536. his Plate Goods and Temporalties seised himself caried Prisoner towards London with intent to bring him to the Tower to be further proceeded against to a void which infamy he poysoned himself with a strong Purgation whereof he died at Leycester Abby after which the King seised all his Lands and Manors though a Cardinal and Archbishop To these Presidents of the Archbishops of Canterbury and York I shall annex the like of some other inferiour Bishops William de sancta Maria Bishop of London for interdicting the whole Realm and excommunicating King Iohn together with Edward Bishop of Ely and Maugerus Bishop of VVorcester who concurred with him in this interdict and excommunication to gratifie the Pope had all their Goods and Temporalties seised upon by the King Anno 1201. their Castles demolished and themselves banished the Realm for five years space Fulco Basset Bishop of London a great Stickler for the Pope against King Henry the third whom he oft affronted â—â—â—â—essed the King and Pope might take away his Bishoprick his Miter and Crosier but not his Helmet and Sword wherein he most gloried and consided Henry Sandwich Bishop of London against his corporal Oath of Fealty and Homage to King Henry the third was a prime Stickler in the Barons wars against this King and Promoter of the Articles of Oxford in the forty
de Bromfield the 48th Bishop of Landaff was for a long time committed Prisoner to the Tower his Temporalties seised and Goods confiscated by King Richard the second for procuring and bringing in the Popes Bulls of Provision contrary to his own Oath and the Laws of the Land to make himself Abbot of Bury Richard Bishop of Bangor siding against King Iohn his Soveraign with Lâ—olin Prince of VVales was taken Prisoner by the King in his own Cathedral Church and put to a ransom of 200. Hawks Roger Young Bishop of Bangor was imprisoned two or three years for his disobedience against King Henry the 4th and confederating with that Rebel Owen Glendor Arthur Bishop of Bangor was attainted in a Praemunire in the 36. year of King Henry the 8th for suing for the right of Patronage and Tithes of the Church of Langeyneiin in his Spiritual Court which belonged only to the Kings Temporal Courts for which he was put out of the Kings protection his Goods confiscated Temporalties seized and his Person adjudged to be imprisoned according to the Statute he sold away 5. fair Bells out of the Steeple of his Cathedral Giso Bishop of Bath and Wells had many conflicts with King Herald who forced him to fly the Realm and seized his Temporalties all his Reign Ioceline Bishop of Bath and Wells joyned with Archbishop Langhton and other Bishops in excommunicating his Soveraign King Iohn and interdicting the Kingdom for which offences his Temporalties were seized his Goods confiscated himself forced to fly and banished the Realm for five years space Robert Stillington Bishop of Bath and Wells for siding with the bloudy Usurper Richard the third at whose Coronation he was specially employed and for yielding assistance to Lambert the Counterfeit Earl of Warwick and other Treacheries was publickly accused of High Treason against King Henry the 7th and also arrested of High Treason in the University of Oxford whether he fled for Sanctuary imprisoned in the Castle of Windsor till his death Anno 1491. and his Goods and Temporalties seized William Barlow Bishop of Bath and Wells was attainted in a Praemunire by which his Temporalties and Goods were forfeited to the King Gilbert Bourne the 47. Bishop of Bath and Wells for denying the Queens Supremacy and refusing the Oath of Supremacy and Allegiance to her 1 Eliz. was deprived of his Bishoprick And to mention no more Presidents in so plain a Case August 4. 1641. Walter Bishop of Winchester Robert Bishop of Coventry and Lichfield Godfry Bishop of Glocester Ioseph Bishop of Exeter Iohn Bishop of Asaph George Bishop of Hereford Matthew Bishop of Ely William Bishop of Bangor Robert Bishop of Bristol Iohn Bishop of Rochester Iohn Bishop of Peterborough Roger Bishop of Landaffe and William Bishop of Bath and Wells were all of them joyntly and 2. of them particularly impeached by the Knights Citizens and Burgesses of the Commons House of Parliament for several high Crimes and Misdemeanors contrary to the Kings Prerogative the Fundamental Laws of the Land the Rights of Parliament the Property and Liberty of the Subject and matters tending to sedition and of dangerous consequence After which most of them with the Archbishops of Canterbury and York were committed Prisoners to the Tower their Goods and Temporalties sequestred and sold by sundry Ordinances of Parliament If any out of Ignorance or Prejudice should deem all these proceedings against the Persons and Temporalties of our Archbishops and Bishops from age to age illegal unjust or sacrilegious let them peruse the Statutes of 1 E. 3. c. 2. 14 E. 3. c. 3. 25 E. 3. c. 6. 2 R. 2. c. 7. 13 R. 2. Stat. 2. c. 8. 43. 16 R. 2. c. 5. 6 H. 4. c. 7. And the year books of 20 E. 2 Fitz. Corone 237. 16 E. 3. and 14 E. 3. Fitz. Quare non admisit 3 7 8 11 21 E. 3. 3 30 60. Book Contempts 5. 19. 22 E. 3. 22 26. Ass. 19. Brook Forfeiture 82. 106. 29 E. 3. 42. Fitz. Execution 159. 38. Ass. 22. Grant 1. 38 E. 3. 12. 46 E. 3. Praemunire 1. 10 H. 4. 6. 14 H. 4. 14. 8 H. 6. 3. 9 E. 4. 28. 27 H. 8. 14. 22 Brook Exigent 3 Stamford l. 2. c. 45. Cook 5. Report f. 12 13. 8. Report f. 68. Cooks 3. Institutes c. 36. 54. Sir Iohn Davis Reports f. 84. the case of Praemunire Upon perusal of all which it will most evidently appear that both our Parliaments and Judges have frequently declared resolved that both their Persons may lawfully be attached imprisoned banished executed their Temporalties seized and Goods confiscated to the King for their Offences Contempts Rebellions both by the Common and Statute Laws of England and therefore by like reason their Lands may be alienated and taken from them for their offences or abuses of them without sin sacrilege or injustice by our Kings and Parliaments beyond all contradiction as they have been from time to time both by the Emperors of Rome Greece Germany the Kings and Kingdoms of France Spain Hungary Italy Denmark Sweden Poland Scotland and Ireland as well as England 6ly That as the Lands and Temporalties of Bishops Abbots Cathedrals by their very first Charters of Endowments and Foundations were alwaies lyable to these 3. Temporal charges and Secular services though dedicated to God and his Church to wit Military Expeditions and Charges of War for the defence of the King and Kingdom the building and repairing of Castles and Bridges commonly expressed in antient Charters under this exception Exceptis Expeditione Pontis Arcis constrictione vel necessariis defensionilus Arcium quae nulli unquam possint laxari So if the Bishops and Abbots upon the Kings writs of Summons refused to send in their Proportions of Horse and Armes according to the Number of the Knights sees they held by and perform these Services to our Kings in times of War or Danger or denied to grant competent Aydes and Subsidies to our Kings when demanded their Temporalties Lands Goods Movables were usually seized into the Kings hands for this Contempt as is evident by Claus. 4â— H. 3. m. 3. 6. Dorso the presidents of Archbishop Winchelsie and other Bishops forecited p. 52 53 c. So our Kings in times of War have frequently seized upon Archbishops Bishops and Church-mens Lands and given them to their Commanders and Souldiers witnesse the presidents of King Osfa and Kenulphus of old who took away sundry Mannors and Lands from the Archbishops of Canterbury which they partly divided amongst their Captains and Souldiers and partly retained to themselves with other presidents since And not only so but the Knights Citizens Burgesses and sundry Lords in successive Parliaments even in times of Popery have often pressed our Kings to take away sell and alienate the great superfluous Mannors Lands Temporalties of Bishops Abbots and Church-men for easing the Kingdom and people from Taxes and maintaining of Earls Nobles
taken away and setled in the King his Heirs and Successors And no longer since than 21 Iac. c. 30. York-house in the Strand was by special Act of Parliament by way of Exchange taken from the Archbishop of York and setled on King Iames his Heirs Successors and Assigns and after that on the Duke of Buckingham upon pretext that it was for the benefit of the Archbishops By all which Acts and Presidents it is most evident that our Kings Parliaments and Temporal Lords may not only seise sequester the Temporal Lands Goods Estates of Bishops and Church-men in cases of Delinquency and Contumacy but likewise substract alienate and sell them to supply the necessities of the King and Kingdom in times of war and extreme necessity without Sacriledge or Impiety which should cause our present Archbishops Bishops and Cathedralment to carry themselves with greater Loyalty and Dutifullnesse towards his Sacred Majesty with greater humility sobriety meeknesse and respect towards the Temporal Lords Commons and People than their Predecessors have done and make them very carefull of giving just offence or provocation to all or any of them especially at this present juncture of our Ecclesiastical and Civil Officers in so hopefull a way of future Settlement if their pride avarice ambition or indiscretion do not interrupt them 7ly That Archbishops Bishops Deans and Chapters themselves by their common consent may lawfully alienate sell and give away not only their Lands and Possession which were never solemnly consecrated but even their very consecrated Chalices Vestments and Ornaments of their Churches themselves though more peculiarly consecrated by Episcopal benedictions more immediately devoted to Gods service than their Lands and other Temporalties and that in cases of publick necessity or charity as to relieve the Poor in time of famine to redeem Captives to ransom their lawfull Kings to support their decayed Patrons and Benefactors to defend their native Country against invading Enemies or Christians against Infidels to prevent a greater mischief and for the benefit of the Church in general as sundry antient Councils and the Popish Canonists themselves have resolved Yea by the Popes consent without any of these Causes our Archbishops and Bishops might alienate sell morgage give away and dispose of the Lands belonging to their Bishopricks as the express clause in their Oath to the Pope not to do it without the Popes council and consent imports When our King Richard the first was most injuriously taken in his return from the Holy Land and for a whole year and three months space kept Prisoner by the Emperour of Germany and at last put unto a ransom of one hundred thousand pounds of Silver after the weight of Colen Anno 1093 the Kings Collectors being unable to levy so great a masse of moneys thereupon Majores quidem Ecclesiae thesauros ab antiquis congestos temporibus Ecclesiae Parochiales argenteos calices praemiserunt the Archbishops Bishops Abbots and Priors of all Conventual Churches gave the fourth part of their annual Rents and other inferiour Clergy-men the Tenth of their Tithes and the Cistercian Monks all their Wools towards his speedy ransom Yea the Chronicle of Brompton and others inform us that the Kings Collectors wanting monies after a double exaction of what they could scrape together from all parts Postrenis ut nulla vacaret occasio ad vasa sacra et utensilia Ecclesiae ventum est Ieaque per omnem Anglica regni latitudinem sacri Calices exactoribus regiis traduntur vel paulo infra pondus redimuntur Vasa etiam alia Cruces Praelatorum anuâ—â— cum auro de Sanctorum fereâ—ris abraâ—o sunt conflaia Nec erat hoc secundum Patrum decreta illicitum cum urgenâ—tisimus necessiiatis arâ—â—enlus instaret Nec ulla erat distinâ—â—â—o in this necessity Clerici Laici secularis religiosi rustici urbani sâ—à omnes indifferenter juxtà substantiae suae vires vel redditum quantitatem pro redemptione Regia portionem suam solvere cogebantur Privilegia Praerogativae Iunnunitates Ecclesiarunt tunc silebant penitus et vacabant Omnis enim dignitas libertas os suam oppilabat Cisterciensis quoque ordinis Monachi qui ab omni exactione Regie hactenus immunes extiterant tantò magis tunc onerati suerant quantò minus antea publici oneris senserant gravitatem Exacti quoque conctilanam suarum ovium resignarunt And should not our Bishops and Cathedral men now for and towards his Majesties most glorious redemption and his three whole Kingdoms ransom from near twelve years exile and captivity and for the future settlement of our Churches Kingdoms in sound and lasting peace in pursuance of his Majesties most gracious Declarations and Engagements at Breda and the Generals Parliaments Engagements before his happy return into England to give competent satisfaction to Purchasers of their Lands not only part with their antient Treasures Chalices Miters Crosiers Church Ornaments Copes but likewise with their late alienated Temporalties and Revenues for competent terms of years of lives reserving the antient or an improved rent rather than violate the publick saith peace of the King Kingdom Parliament oppugn his Majesties royal Commands the Lords Commons Parliaments Souldiers and Peoples desires by unreasonable demands or indiscreet covetous and violent proceedings against Purchasors and Tenants which may indanger if not demerit the forfeiture reseisure and new sales of all their Lands and Temporal Revenues in case of obstinacy and dis-satisfaction herein The rather because our Bishops by the Laws of England before the Statute of 1. Iac. c. 3. and other restraining Acts might with the consent of their Deans and Chapters not only lawfully lease their Lands for how many years or lives they pleased but likewise alien and sell the Inheritance thereof or charge them with what Rent-charges they pleased especially by the Kings consent as the grant of a Rent-charge out of the Glebe of a Parsonage by the Patron or Ordinary in time of vacancy or of the Parson Patron and Ordinary joyntly to a Layman shall bind the Successours in perpetuity as is evident by the Statutes of 37 H. 8. c. 16. 1 Jac. c. 3. 33 H. 8. c. 31. Littleton sect 648. Cooks 1. Institutes f. 343 344 44 45. and many other Lawbooks Not to adde many Presidents to those forecited in so clear a case it is registred by Bishop Godwin of Iohn Vâ—sly Bishop of Exeter in King Edward the 6th his Reign That of all the Bishops of the Land he was esteemed the best Courtier being better liked for his civil Behaviour than his Learning which in the end turned not so much to his credit as to the spoyle of his Church for of twenty two Lordships and Manors which his Predecessors had left unto him of a goodly yearly Revenue he left but three and them also leased out and where he found 13. Houses and Palaces too many by 12. for any one Apostolical Bishop well
given unto the Church of Christ by the devotion of the Faithfull the power and authority of the Secular power reserved lest there might happen any confusion Forsomuch as God himself cannot allow any disordered thing Whereupon oftentimes the worldly Princes do grant the bare use of the Church and oftentimes use and power to exercise Justice which the Clergy cannot exercise by any Ecclesiastical Minister or any other person of the Clergy Notwithstanding they may have certain Lay-persons Ministers unto that office But in such sort saith he that they do acknowledge the power which they have to come from the Secular Prince or Ruler and that they do understand thâ—ir Possessions can never be alienate away from the Kings power but if that necessity or reason do require the same Possessions in all such case of necessity do owe him obeysance and service For like as the Kings power ought not to turn away the defence or safegard which he oweth unto other so likewise the Possessions obtained and possessed by the Clergy according to the duty and homage which is due unto the Patronage of the Kings power cannot by right be denyed Thus much writes Hugo with whom Iohn Hus concludes his Disputation Mat. 5. 39 40. But I say unto you that you resist not evil And if any man will sue thee at the Law and take away thy Coat let him have thy Cloak also Phil 3. 8 17 18 19 20. Yea doubtless I count all things but lâ—sse for the excellency of the knowledge of Christ Iesus my Lord for whom I have suffered the losse of all things and do count them but dung that I may win Christ. Brethren be followers together of me and mark them which walk so as ye have us for an example For many walk of whom I have told you often and now tell you weeping that they are the enemies of the Cross of Christ whose end is destruction whose God is their belly whose glory is their shame who mind earthly things But our conversation is in heaven Col. 3. 1 2 c. If ye then be risen with Christ seek those things which are above where Christ sits at the right hand of God Set your affection on things above not on things on the earth for ye are dead and your life is hid with Christ in God Mortifie therefore your members which are upon the earth inordinate affection evil concupiscence and covetousness which is idolatry for which things sake the wrath of God cometh upon the children of disobedience A supplemental Appendix to the premised Disputation of John Hus irrefragibly evidencing the Supream Iurisdiction of our Kings Lords and Parliaments not only over the Persons Liberties Lives of our Archbishops Bishops Abbots Priors Church-men in cases of High Treason Rebellion Disobedience Contumacy and Disloyalty but likewise over their Temporal Lands and Estates to seise and confiscate them without Sacriledge or Injustice HAving presented the Readers with the memorable Disputation of this famous learned Bohemian Marty Iohn Hus in justification of our English Apostle and prime Assertor of the Reformed Religion we now profess whose Doctrine spread it self into Bohemia Germany and other parts to the subversion of the Popes and Prelates usurped Authority over Kings Popery by degrees It will not be unseasonable by way of Appendix to subjoyn some memorable domestick Evidences Presidents in all Ages to justifie their opinions in point of practise Not with the least intention to deprive the faithfull painfull Ministers and Preachers of the Gospel or any true Evangelical Bishops of the antient Glebes Tithes Dues belonging to their respective Parochial Churches or of that liberal competent Maintenance or double Honor which belongs unto them by a divine right and common natural Justice for their labour in the work of the Ministry which I have publickly and largely asserted But only to vindicate the just Prerogative of our Kings and Jurisdiction of the Temporal Lords and Commons in Parliament over the Persons and superfluous large Temporal Mannors Lands and Possessions of delinquent Archbishops Bishops Abbots Priors Deans Chapters Monks and other religious Persons which are not of Divine or Apostolical but mere Humane institution and not absolutely necessary to the being of the Church of Christ as true Evangelical Bishops and Ministers are whose principle office and duty is frequently to preach the Gospel and administer the Sacraments not to domineer over their people or suspend them from the Lords supper Mat. 28. 19. 20. Mar. 16. 15. 1 Cor. 5. 7 18 21 c. 9. 14 to 19. 2 Tim. 4. 2 5. Rom. 10. 19 20. 1 Pet. 5. 2 3. To this end I shall desire our Archbps. Bps. and other Cathedralists to consider 1. That Gratian the Canonist Peter Lombard the School-man with most other Canonists and Scholmen in their Glosses or Commentaries on their Texts Matthew Parker Archbishop of Canterbury Mr. Iohn Fox William Harrison Richard Grafton Iohn Speed and no lesse than thirty more of our antient Historians and other Authors quoted by Archbishop Vsher for this purpose affirm That the antient Britains before their conversion to Christianity had 28. Flamines and 3. Archflamines in this our Island to whom the other Priests were subject having distinct Cities Sees Diocesses and Temples wherein they resided and exercised their Ecclesiastical Jurisdictions that King Lucius upon his conversion to Christianity about the year of our Lord 175. by Pope Elutherius his direction took away their Sees Lands and Temples from them and placed 28. Bishops and 3. Archbishops in their steads turning their Sees into Archbishopricks and Bishopricks and their Temples into Cathedral Churches Yea Gratian himself Distinctio 21. and the Glossers on him resolve That the distinction among Priests whence some are stiled Priests simply others Archpriests others Choral Bishops others Bishops others Archbishops or Metropolitans others Primates others Chief Priests WAS PRINCIPALLY INTRODVCED BY THE GENTILS not the Apostles or Primitive Christians who called their Flamines some simple Flamines others Arch-flamines others Proto-flamines If then these their Hierarchical orders were originally derived from they succeeded the Pagan Flamines Arch-flamins Proto-Flamins in their Sees Jurisdictions Temporalties and Cathedrals which King Lucius took from them without sacriledge or impietie then by the like reason and president our Kings or Temporal Lords and Commons in Parliament may devest our peccant Prelates of their Sees Temporalties Cathedrals convert them to other uses for the publik ease and benefit of the Kingdom when they see just cause being originally dedicated to these Flamines Arch-flamines Proto-flamines and their Pagan Gods 2ly That admit these former Authors relations touching Flamines Arch-flamines and King Lucius erecting Bishops and Arch-bishops in their Sees to be false and fabulous as Bishop Iewel Bishop Godwin Bishop Vsher Doctor Suteliffe and Sir Henry Spelman repute them yet it is agreed by all that the primitive
Evangelical Bishops from our Saviours time had no Temporal Lands or Possessions till the year of our Lord 319. when the Emperor Constantine the Great first endowed Bishops and Church-men with them as Matthew Westminster and others record though his pretended Donation of Rome and other Temporalties to Popes their successions as St. Peters Patrimonie be a mere forgery as Laurentius Vallâ— Dr. Crakinthorâ—e and others quoted by them prove at large Now Iohannis Paâ—â—siensis Higden Wickliffe the Lord Coâ—â—am Purvey Iohn Frith Nauclerus Bishop Iewel Thomas Beacon and others relate That when Constantine endowed the bishops and Church with Temporal Lands and Possessions the voyce of an Angel was heard in the ayre crying Hodie venenum infunditur in Ecclesiam This day is Poyson powred into the Church of God and from that time they observe because of the great Riches and Temporalties the Church and Bishops had they were made the more Secular and had more worldly business than Spiritual devotion and more outward Pomp and Splendor than inward Holyness the Daughter riches which the Church brought â—orth devouring her Mother Which if an experimental verity as sundry of our own and foreign Writers attest as I have elsewhere proved at large then it can be no Sacriledge or Impiety but wholsom physick for the King and Temporal Lords and Commons in Parliament for just causes to take away this poyson from Bishops and Cathedral Churches which hath so much poysoned corrupted them and to reduce them to the condition of the Primitive Bishops who by the Decrees of the 4th Councel of Carthage c. 14 and the Exceptions of â—gâ—â—rt Archbishop of York Anno 750. c. 26. were only to enjoy mean Houshold-stuff course Food and HOSPITIOLVM a little Cottage near the Church not a Royal Palace or Lordly Manors which made them more Proud Lordly Secular Tyrannical Pompous Covetous than any Temporal Lords and to take precedence of them both in great Councils Parliaments and other publick Assemblies yea to intrude themselves into the greatest Temporal Offices to the great neglect of their Spiritual Functions they scorning to hold and follow the Plough of Christ after they became Lords and Barons of the Realm as Bishop Latymer proves at large in his 4th Sermon of the Plough and forgetting these Canons of the 4th Council of Carthage c. 19 20. Vt Episcopus pro rebus transitoriis non litiget provocatus Vt Episcopus nullam rei familiaris curam ad se revocet sed Lectioni et Orationi et verâ—i Dei praedicationi tantummodo vacet as the primitive Bishops did which would gain our present Bishops more love respect reverence with God and all good men than all their Lordly Pomp Temporal Lands or Baronies which in all Ages have made Bishops and Cathedral-men more Secular than Spiritual more proud luxurious covetous vicious than religious or vertuous as Gregory Nazianzen Oratio 26. 35. Isiodor Pelusiota Epist. l. 2. Epist. 125. l. 3. Epist. 223. Gregorius Magnus lib. Pastoralis Curae part 2. c. 6. Moralium in Job l. 24. c. 29 30. Homil. 17. in Evangelia Gildas acris Correptio c'eri Britanniae St. Bernard Sermo 22 23 77. Cantica ad Clerum in Concilio Rhemensi de Consideratione ad Eugenium l. 1 2 3 4. Epist. 42. Henrico Senoniensium Archiepiscopo Johannis Sarisburiensis de Nugis Curialum l. 8. c. 17 23. Petrus Blesensis Archdeacon of Bath Tractatus de constitutione Episcopi Johanni Wigorniensi Episcopo Epistola 15 18 22 25 43 64. Robertus Holcot in lib. 5. Sapientiae Lect. 77. Alexander Frabricus Destructorium Vitiorum pars 4. c. 8 14 21 22. pars 5. c. 2. pars 6. c. 2. 26 40. John Wickliff Dialogorum l. 3. c. 14 17 23. Alvarus Pelagius de plancotu Ecclesiae l. 1. Artic. 70. D. l. 2. Artic. 1. to Artic. 17. Nicholaus de Clemangis de Corrupto Ecclesiae statu c. 17 18 19. Episcopus Chemnensis Onus Ecclesiae cap. 14 to 27. Joannes Aventinus Annal. Boyorum l. 5 6 7 8. Albertus magnus in Evangelium Johannis c. 10. Picus Mirandula Oratio ad Leonem 10. Petrus de Aliaco de reformatione Ecclesiae Abbas Uspergensis Paralip p. 164. Fasciculus Rerum expetendarum p. 173. Maâ—sâ—l Patavinus Defensoris Pacis part 2. c. 11. Theodoricus à Niem l. 3. c. 41 45. l. 2. Nemore Unionis c. 19 Guicciarden Historiae Ital. l. 6. St. Brigets Revelationes passim Petrus de Vinels Epist. l. 1. c. 35. Illiâ—icus Catologus Testium Veritatis Peirce Plowman his complaint of the Abuses of the World Sir Geofry Chaucer in his Ploughmans tale Lucifer Prince of Darkness his Letters to the Prelates of England written as is supposed by William Suinderby a Martyr Dr. Barnes his Supplication his Articles p. 210 to 216. and Mr. William Tyndal his obedience of a Christian man and Practise of Popish Prelates Iohn Bale de Vitis Pontificum Centuriae Scriptorum Brit. and Image of both Churches on the Apocalypse Iohn Frith a Martyr in his Answer to Mr. Mâ—res Preface Roderick Mâ—rs his Supplication to King Henry the 8th and Parliament c. 23 24. Another Supplication to King Henry the 8th printed 1544. The Image of a very Christian Bishop and of a counterfeit Bishop printed Cum Privilegio Regali under King Henry the 8th William Wraghton his Hunting and Rescuing of the Rhomish Fox dedicated to King Henry the 8th Henry Sâ—albridge his Exhortatory Epistle to his True Country-men of England against the pompous Popish Bishop thereof printed in H. the 8th his reign at Basil Martin Buâ—er Regins Professor of Divinity in Cambridge Dâ— Regno Christi dedicated to King Edward the 6th l. 2. c. 1 2 12. De vi usu sancti Ministerii The Image of both Pastors printed at London Cum Privilegio 1550. Bishop Hooper on the 8th Commandement p. 78 79. Bishop Latymer his 4. Sermon of the Plough Matthew Parker or Iocelin Antiquitates Ecclesiae Brittannicae p. 139 to 144. Thomas Bâ—acon his Reports of certain men and in his Supplication vol. 3. Bishop Iewel in his Sermon on Haggai 1. p. 176. and on Matthew 9. p. 198. All which the Studious may elsewhere peruse at leasure and sundry others joyntly attest Upon which consideration not only Wickliff and Hus but several of our Martyrs as William Suinderby Walter Bruce Iohn Purvey Sir Iohn Oldcastle Lord Cobham Sir Iohn Borthick justified the lawfullness and necessity of taking away the Bishops abused Temporalties which were such poyson to them 3ly That many of our Kings by the Laws and Customs of the Realm and by vertue of their Royal Prerogative have kept our Archbishops and Bishops Temporalties in their hands and taken the profits of them as their Demesn rents keeping their Sees when void by death translation or resignation for sundry years together as all the Archbishops Bishops Abbots Priors
Archbishoprick at Litckfield took away six Bishopricks formerly subject to the See of Canterbury and detained the Lands above thirty years till at last restored by the judgement of two or three Parliamentary Great Councils after many Petitions and Complaints upon full hearing and examination Stigand Archbishop of Canterbury for refusing to Crown King William the Conqueror and holding the Bishoprick of Winchester in Commendam with his Archbishoprick together with many other Bishops and Abbots was deprived by the Kings procurement and kept Prisoner at VVinchester during his life receiving only a small allowance out of the Exchequer to support him dying in Prison his Bishoprick remained void two years space in the Kings hands no lesse than twenty five Manors being taken away from it till recovered by â— ansraue his Successor in a famous Council of the Noble and Elders of England held at Penindene King VVilliam Rufus banished Anselme Archbishop of Canterbury out of the Realm for Treason against him and his Soveraign Power and seised his Temporalties till his death after which King Henry the first recalling him he most trayterously and obstinately oppugned the Kings Prerogative of investing Bishops in their Bishopricks by a Ring and Pastoral-slast and refusing to do homage to the King or to consecrate any Bishops who received Investitures from him or did Homage to him for which he was banished for three years out of the Realm all his Temporalties and Goods moveable and immoveable seised into the Kings hands with the Temporalties Goods of those Bishops who renounced their Investistures by the Kings donation by Anselmes perswasion King Stephen seised all the Goods and Temporalties of Theobuld Archbishop of Canterbury and banished him the Realm for departing out of England to Rome upon the Popes summons contrary to his expresse royal Prohibition and for interdicting the King and whole Realm After which being restored to his Archbishoprick by the other Bishops mediation his Goods and Temporalties were again consiscated and seised into the Kings hands Anno 1152. for refusing to Crown Eustace King Stephens Son he forced to flye the Realm which he caused to be infested with fire sword and bloudy wars Thomas Bâ—cket Archbishop of Canterbury an infamous perjured Traytor to and Rebel against King Henry the second his advancer and indulgent Soveraign grand Oppugner of his Royal Prerogatives and of the Customs of the Realm contrary to the Oath and Recognition of himself and all the Bishops Clergy and Temporal Lords in the famous Great Council of Clarindon endeavouring totally to exempt the Clergy from all Temporal power jurisdiction and judicature for the most detestable Crimes and Murders had all his Goods and Moveables by judgment of the Bishops and Peers condemned and confiscated to the King his Temporalties seised into the hands all his Moneys Jewels Plate confiscated together with all the Clergy-men goods who adhered to him all his Kindred Man Woman and Child secured and afterwards banished the Realm together with himself for sundry years and was at last slain in the Cathedral Church at Canterbury for his manifold Treasons Rebellions against the King to the great disturbauce both of the Churches and Kingdoms peace King Iohn An. 1205. seised upon all Archbp. Huberts Lands and Possessions after his death for his manifold Contempts and Oppositions against his Royal authoritie and resolutions during his life Stephen Langhton his next Successor in the Archiepiscopal See of Canterbury for his manifold Treasons and Rebellions against King John had all his Temporalties and Goods seised by the King and was suspended from his Archbishoprick and threatned to be deprived of it by the Pope Archbishop Boniface being commanded by King Henry the third to relinquish his Archbishoprick and depart the Realm by reason of the grievous Complaints both of the Clergy and Commonalty against him thereupon selled his Woods leased out his Lands extorted what moneys he could from his Tenants and carried all with him in to Savoy where he dyed King Edward the first Anno 1301. put Robert Winchelsie Archbishop of Canterbury with all the other Bishops and Clergy out of his Protection and the Parliament House and seised the Archbishops Temporalties Goods Debts After which divers High Treasons and Rebellious Conspiracies were laid to his Charge by the King who thereupon the second time seised all his Temporalties and Goods moveable and immoveable appealed him to the Pope banished him the Realm forbidding any of his Subjects under grievous penalties to harbour him and seised all the Lands of the Monks of Canterbury and banished them the Realm for furnishing this Arch-traytor secretly with necessaries King Edward the second caused all the Goods of Iohn Stratford Archbishop of Canterbury to be seised and his Temporalties to be sequestred into his hands whiles Bishop of Winchester for taking that Bishoprick by Provision from the Pope against his Royal command After which being advanced to Canterbury by King Edward the third he was soon after accused of Treason Treachery and Conspiracy with the French and Pope against the King whose designs against them he crossed all he could whereupon the King resolved to commit him Prisoner to the Tower of London whither he sent the Bishop of Chichesier then Lord Chancellor and the Bishop of Lichfiâ—ld then L. Treasurer Prisoners for the like offences Wherupon this Archbp. flying to Canterbury and there standing on his Gard refused to render himself carrying himself very insolently and rebelliously against the King both in his Sermons and Excommunication saying That he had received no honor nor advancement from the King but ONLY FROM GOD and that he would give an account of his Actions in no. Court and to no Person but in Parliament Whereupon a Parliament was summoned and divers hainous Crimes charged against him by the King which the King after great suit and intreaty pardoned Simon Langham Archbishop of Canterbury Chancellor of England Anno 1371. was put from his Office his Temporalties seised and stripped of all his Archiepiscopal ensigns for receiving from Pope Vrban the Cardinalship of St. Sixtus without King Edward the third his privity who was highly offended with him for it Anno 1386. Simon Sudbury Archbishop of Canterbury in the insurrection of Iack Straw was beheaded on Tower-Hill his Head fixed on a Poll and set on London Bridge as a Traytor and Enemy to the King and People King Rich. the 2d highly offended with Will. Courtney Archbishop of Canterbury for receiving his Archbishoprick by provision from the Pope against the Law and his Prerogative Royal and for other Misdemeanours commanded all his Goods and Temporalties to be seised and forced the Archbishop himself to hide his Head for fear of imprisonment till he made his peace with him Thomas Arundel Archbishop of Canterbury was impeached and condemned of High Treason against the King in the Parliament of 21 Rich. 2. by judgement of Parliament for which he was
furnished he left only one House bare and unfurnished yet charged with sundry fees and annuities whereby this Bishoprick which sometime was accounted one of the best became in Temporal Lands one of the meanest If then our Bishops and Cathedral men themselves may thus alienate sell charge exchange their Temporal Lands and Possessions or lease them out to their Wives Children Kindred Courtiers Friends without Sacrilege or Impiety No doubt the King Temporal Lords and Commons in Parliament may much more alienate lease charge them upon any publick necessity for the Kingdoms ease peace settlement after so many years Wars and Revolutions without any Sacrilege or Injustice all circumstances duly considered 8ly That the Lands formerly given to Abbies Priories Monastries Templers Hospitalers and other Religious Orders were dedicated to God and the Church with greater Ceremonies and Solemnities ratified by more Charters Confirmations of our Kings and Parliamentary Councils and by more solemn Anathemaes Curses Excommunications then any Lands setled on Bishops Deans Chapters or Cathedrals as the Charters themselves yet extant and our Histories resolve beyond dispute Yet our Kings in all ages before and since the Conquest have not only seized their Temporalties in times of War but likewise detained them in their own hands to their own use and given them to their Officers Captains and Souldiers by way of pay or recompence for their salaries and that both before and since the Conquest as the Emperors of Germany and Kings of France Spain Hungary Poland Denmark Sweden Russia have frequently done and that of late years too as well as antiently by the Iesuits perswasion who affirm it to be lawfull and Iustas esse causas Monasteriorum fundationes in meliores usuâ— convertendi jam Pontifex Caesar Episcopi Principes judicarunt et verbis et factis Data sunt Monasteria in Belli sumptus data multa Episcopis data ad seminaria data Parochiis as Alphonsus de Vargas Relatio de Stratagem Iesuiticum c. 49. relates their words which he amplifies from c. 43 to 54. I shall instance only in some few Domestick presidents Beored King of the Mercians in the years of Christ 870. and 871 when the invading barbarous Danes plundered sacked burnt sundry Monasteries and the Mannors belonging to them putting the Monks and Abbots they met with to the Sword as well as others without discrimination seized upon divers Monasteries and their Lands retaining most of them in his own hands and giving the residue of them to his Commanders and Souldiers for the better maintenance of his Wars and Forces against the Danes for defence of the Kingdom and People against their invasions thus recorded by Ingulphus Abbot of Croyland Bâ—orredus autem Rex Merciorum hoc intermedio cum Britonibus occupatus qui crebris eruptionibus Occidentalem partem Regni sui Merciae inquietabant audiensque Danos plagam ejus Orientalem plaga miserabili percussisse venit Londonias contracto maximo exercitu pertransiens per Regni sui plagas Orientales totam Heliensem insulam fisco suo applicavit procedensque in patriam Girniorum omnes terras de Medeshamstedensi monasterio in manum suam cepit scilicet quicquid inter Stanford Huntingdon Wischect dicto monasterio dudum pertinuerat remotiores vero terras sparsim per patriam jacentes stipendiariis militibus exercitus sui assignavit id secit de terris monasterii S. Pegae de Reifirâ— quasdam sibi retinuit quasdam militibus suis dedit id fecit etiam de terris monasterii Gutblaci de Croyland quasdam stipendiariis militibus distribuit quasdam sibi confiscavit Et licet venerabilis pater Godriâ—us saepius repetendo penes Regem Ministros suos multos sudores consumeret chartas donatorum Regumque confirmationes una cum suo proprio chirographo saepissime offenderet nihil semper nisi vacua verba reportans demum de negotii sui proposito penitus desperabat Cernens itaque malitiam temporis nimiam malitiam Regis terrarum cupidissimam statuit tandem secum hujusmodi Regias donationes surdo tempore petransire ac usque melâ—ora tempora succederent deinceps sub silentio dissimulare laetus nimium exultans quod totam circumjacentem insulam liberam ab omni exactione Regali absolutam multum specialius sibi quam multis aliis monasteriis tunc contigerat Regia gratia concessisset Recesserunt ergo illo tempore de dicto monasterio Croyland usque ad praesentem diem non redierunt illae possessiones scilicet manerium de Spalding datum Adelwulpho Comiti cum omnibus pertinentiis suis manerium de Deping datum Langfero militi panetario Reg cum omnibus pertinentiis suis manerium de Croxâ—on datum Fâ—rnodo militi vexillario Regis cum omnibus pertinentiis suis manerium de Kirsoton Kunerby in Lindefie cum omnibus pertinentiis datum Comiti Turgoto Bufenhaâ—e vero Halington tunc fisco appropriata postea per industriam Domini Turketuli Abbatis Croyland donationem piissimi Regis Edrad restauratoris dicto monasterio fuerant restituta Similiter omnes caeterae teriae aliquando Croylandiae pertinentes quas Rex Bâ—orredus cisco suo assumpserat scilicet Quarpelade Suâ—turton Langtoft Baston Repingale Nirfby Draiton Chirning Glaphtorn Adington Standon Badby per gratiam inclyti Regis Edredi diligentiam Abbatis Turketuli Croylandiae who redeemed them with very great sums of money whith he mentions p. 878 879. reddebantur Transiens tunc Rex Bâ—orredus cum sito exercitu in Lyndesâ—e latissimas terras monasterio de Bardney dudum pertinentes fisco suo accepit immotas vero in diversis patriis divisas jacentes militibus suis dedit Besides the same Ingulphus records that in the 6. year of King Edward the Confessor though a great Patron of Abbots Monks and Monasteries Anno Dom. 1048. Wulgat Abbot of Pegeland by sundry sutes in the Kings Courts of Justice not only lost the site of his Monastery but after that all the Mannors and Lands formerly given thereunto after the Abbot of Burge hath recovered the former site of the Monastery and enforced him to rebuild the Abby in another place Illo in tempore venerabilis pater Dominus Wulgatus Abbas Pegelandiae diutissimam calumniam passus ab Abbatibus Burgi Elfino Aâ—wino Leofrico Abbatiae suae sedem amittens tandem succubuit proh nesas totum situm monasterii sui judicio regalis curiae perdidit Tantum tunc potuit super justitiam pecunia contra veritatem versutia in curia Regis Hardecnuti Comitis Godwini potentia Cumque praedictus Abbas Wulgatus amisso situ monasterii sui juxta proximi fluvii crepidineâ— Weland nomine in suo manerio magis vicino de Northamburgt fundamenta novi monasterii jecisset illuc Abbatiam suam transferre disponeret Ecclesiamque ac dormitorium cum caeteris claustralibus officinis adjutus multorum
A SEASONABLE VINDICATION OF THE Supream Authority and Jurisdiction OF CHRISTIAN KINGS LORDS PARLIAMENTS As well over the Possessions as Persons of Delinquent Prelates and Churchmen OR An Antient Disputation of the famous Bohemian Martyr John Hus in justification of John Wickliffs 17. Article Proving by 43. Arguments taken out of Fathers Canonists School-men the Supream Authority and Jurisdiction of Princes Parliaments temporal Lords and other Lay-men who have endowed the Church with Temporalties to take away and alien the Temporal Lands and Possessions of Delinquent Bishops Abbots and Church-men by way of medicine or punishment without any Sacrilege Impiety or Injustice Transcribed out of the printed Works of Iohn Hus and Mr. Iohn Fox his Acts and Monuments printed London 1641. Vol. 1. p. 585 c. With an Additional Appendix thereunto of Proofs and Domestick Presidents in all ages usefull for present and future times By William Prynne Esq a Bencher of Lincolns Inne Acts 1. 20. Let his habitation be desolate and no man dwell therein and his Bishoprick let another take Bernard De Consideratione ad Eugenium l. 3. Parvi dejectique animi est de Subditis non profectum quaerere Subditorum sed quaestum propriū in summo praesertim Pontifice nihil turpius London Printed by T. Childe and L. Parry and are to be sold by Edward Thomas at the Adam and Eve in Little Britain 1660. To the most Illustrious MONARCH Charles the II. BY THE Singular Grace and Wonder-working Providence of Almighty God of England Scotland France and Ireland KING Defender of the true Christian Faith and Supreme Governor over all Ecclesiastical Persons as well as Temporal throughout his Dominions Most Gracious Soveraign I Humbly crave license to prostrate at your Royal feet a learned Disputation of the famous Bohemian Martyr John Hus in defence of our renowned John Wickliffs 17. Article largely evidencing the Supream Authority of Christian Kings and Temporal Lords over the Temporalties and Persons of Delinquent Prelates and Churchmen backed with an Additional Appendix hastily compiled in the midst of my other distracting publike Imployments in few hours space not unseasonable or unworthy publike Consideration in relation to ancient and late alienations of Abbots Bishops Cathedral lands now under your Majesties and your Parliaments Deliberation in order to their Purchasers satisfaction for the prevention of future Animosities suits establishment of Cordial Unity Amity between all Your Subjects after their many years sad Intestine bloudy Schisms and Discords The sole Occasion of this Publication was the many late Petitions of Purchasers and others complaining of some Bishops Churchmens covetousness or averseness to give them such competent satisfaction for their Purchases by new Leases or otherwise as Your Majesties Royal Declarations the Commons-House Votes and Your Noble Generals Engagements in order to Your Highnesse most joyfull peaceable Restitution to Your Throne induced them to expect and of their violent or vexatious proceedings contrary to Your Gracious Proclamation and Commission The principal design of it is to Vindicate Your Majesties ancient Soveraign Jurisdiction with the Legal power of your Parliaments temporal Lords over the Possessions and Persons of the greatest Prelates in cases of Delinquency War or Publike Necessity and the Lawfulness of seising alienating their Temporalties imprisoning banishing executing their persons for Criminal Offences and Contempts of which they have been frequently guilty without any Sacrilege or Impiety The contemplation whereof I presume will henceforth perpetually bind them to their good behaviours both towards Your Majesty your Parliaments and People and engage them to a charitable sober religious use of all their Temporal endowments to a most heavenly humble world-contemning Conversation a diligent faithfull discharge of their Episcopal function by daily constant preaching fasting praying and administration of the Sacraments to the Souls committed to their pastoral charge and to an aemulous imitation of our pious primitive Archbishops and Bishops Wilfrid Aydan Ceadda and others of whom Venerable Beda and Gervasius Dorobernensis render us this account Non Equitando sed pedibus ambulando verbum Dei instantissime praedicabant Tota tunc fuit sollicitudo Doctoribus illis Deo servire non seculo tota cura cordis excolendi non ventris Nulla causa fuit sacerdotibus Dei vicos adeundi nisi ut praedicarent vel baptizarent vel animas curarent Cuncta quae sibi à Regibus vel divitibus seculi donabantur mox pauperibus qui occurrerent erogate gaudebant In tantum erant ab omni peste Avaritiae castigati ut nemo territoria vel possessiones ad construenda Monasteria à potestatibus seculi nisi coactus acceperet All their Oblations and revenues were equally divided into 4. parts The 1. for the sustentation of the Bishop and his family not in a pompous Lordly splendor but sober and Christian hospitality The 2. for the maintenance of his Clergy or Chapter The 3. for the relief of the Poor The 4. for the repair of Churches and if any surplusage remained it was bestowed in alms and other pious uses not spent in Luxury or worldly pomp No part of it was treasured up in the Bishops own purse to enrich himself or Leased to or bestowed on his wife children kenred servants or Courtiers as in later ages as real Sacrilege as any now declaimed against Their Angelical and Evangelical Conversations purchased them such veneration and high esteem among all sorts of people Ut ubicunque Clericus aliquis adveniret gaudentèr ab omnibus tanquam Dei famulus exciperetur Etiam si in itinere pergens inveniretur occurrebant flexa cervice vel manu signari vel ore illius se benedici gaudebant verbis quoque horum exhortatoriis diligenter auditum praebebant Et si quis Sacerdotum in vicum fortè deveniret mox congregati in unum vicani Uerbum vitae ab illo expetere et operibus implere curabant Such an Episcopal life as these then led in our Bishops and Clergy now without future contests which of them shall be the Greatest Richest Highest but best holyest humblest would speedily reconcile both them their Purchasors and Opponents yea produce such a reverend estimation and entertainment of their Persons and Ministry in the Laity as Your Majesty by your most pious Declarations Proclamations Speeches and unwearied Endeavours have exhorted and conjured them unto that so all your Subjects may henceforth live a quiet and peaceable life in all godlinesse and honesty under Your most just and gracious Government Which as it ought to be their daily prayer so it is their bounden duty and will be the only means of their future felicity Let those everlasting Arms of the Eternal God riding upon the heavens for Your help which have so miraculously protected supported restored Your Royal Majesty to Your Kingdoms and thrust out the Enemy from before You without sword or spear for ever embrace defend
fidelium Eleemosyuls reaedificare non segniter insudaret Fernotus miles Dominus de Bosworth dictum manerium de Northburt datum fuisse de progenitoribus ejus monasterio sanctae Pegae monachis ibidem Deo servientibus ex Abbatis propriis chirographis patenter ostendit Unde consequenter allegavit quod cum Deo sanctae Pegae Abbas Wulgatus monachi sui à modo ibidem non servirent dictum manerium à modo non haberent Acceptatum est hoc à Regis justitiario confestim adjudicatum est dictum manerium de Northburt cum omnibus suis pertinentiis praedicto militi Fernoto tanquam jus suum haereditarium de monachis Ecclesiae sanctae Pegae alienatum perpetuò sublatum Quod cum per universum Regnum citius fuisset cognitum scilicet Abbatem de Peikirk prius amisisse monasterium suum consequenter manerium ad monasterium quondam pertinens similiter Edmerus miles Dominus de Holbrok calumniam movit contra eundem Abbatem monachos suos de manerio suo de Makley Horsingus de Wathe calumniatus est pro manerio suo de Badington Siwardus Comes de manerio suo de Bernack Hugolonus thesaurarius de manerio de Helieston alii plures de aliis maneriis dicto monasterio dudum pertinentibus omnes eadem ratione in dicta causa contra monachos obtinuerunt tam de maneriis quam de monasterio suo dictus Abbas de Peikirk monachi sui nequiter ac crudeliter ejecti sunt ut nunquam alicui veniat damnum solum Cum itaque Abbas Wulgatus conventus suus monachi scilicet 18. sic de monasterio destituti vagabundi in proximo dispergendi in omnem ventum pro extrema miseria fluctuarent misertus eorum piissimus rex Edwardus omnes in suam curiam suscepit usquequo eis provideret suam capellam ac aulam quotidie frequentare imperavit If then Lands formerly dedicated to God and Monasterial Churches may thus be taken away and recovered from them by Law without sacriledge or injustice they may by like reason upon most occasions be alienated and taken from them by the King Parliament and Temporal Lords Gualther Mapes and Mr. Cambden out of him inform us that in King Edward the Confessors reign Godwin Earl of Kent having a design to gain the Manor of Barkley in Gloucester-shire to himself belonging to a Nunnery there situated where the Castle now stands passing by the Nonnery left his Nephew a very beautifull and elegant young man in the Nunnery who lodged therein so long under pretext of sickness that with his costly Gifts Beauty and Courtship he so far corrupted the chastity of the Abbesse and Nuns who attended him by turns that he begat and left them all great with childe and turned these lambs into Wolves After which posting thence to Earl Godwin and acquainting him therewith he thereupon informing the King that the Abbesse and all the Nuns were prâ—stituted Strumpets and great with Childe the King issued a Commission to enquire thereof and finding it to be true the Nuns were cast out and the Manor given to Earl Godwin who begged it of the King from whom it came to the Barons of Barkly who have enjoyed it as the Head of their Barony for any Generations without any Sacriledge or Impiety By the Common law of England our Kings in all Ages by their Prerogative Royal in times of war danger and upon sundry other occasions have seised the Lands Benefices Rents Revenues Monies Goods of Priors Abbots Monks and other Ecclesiastical Persons who were aliens to their own uses without Sacriledge or Impiety as is evident by the Fine Rolls of 23 E. 1. m. 1 2. claus 23 E. 1. dors 4. cl 24 E. 1. m. 11. claus 25 E. 1. dors 12 20 22. claus 20 E. 2. dors 9. Rot. Fin. 20 E. 2. m. 9. Rot. Fin. 14 E. 3. m. 11 12 18 19 20 c. cl 15 lâ— 3. pars 3. dors 6. Rot Fin. 16 E. 3. m. 26. cl 19 E. 3. pars 1. m. 17. Rot. Fin. â—3 E. 3. m. 26. and sundry other 〈◊〉 and Claâ—sâ— Roll in tâ—â— Tower â—y sundry Parliament lâ—oâ—ls and our lâ—â—wâ—ooks too And upon the Commons Petition in the Parliament of 2. H. 4. the Prior aliens Lands weâ—e not only â—eiâ—ed into the Kings hands but likewise sold and aheaâ—red into Lay-mens hands to maintain the wars against the French and Welshmen To preâ—eâ—mit all particular seisuâ—es alienations sale substractions of Abbots Priors Monasteries and Religions Persons Lands mentioned in our Histories and Record the respective Parliaments of 27 H. 8. 31 H. 8. c. 1â— 37 H. 8. c. â—1 E. c. 14 by several Acts collected by Rastall Title Monasteryes upon Mr. Fish his supplication of Beggars several Petitions and Complaints of the Commons and Inquisition taken upon oath and returned into the Exchequer of the Sodomitical adulterous incontinent vitious lives of Abbots Monks Nuns and other religious Persons remaining on Record in the Exchequer published at large by Iohn Speed in his History Weaver and others totally suppressed all Monasteries Prioâ—ies Nunneries Cells and other religious Houses and setled the inheritance of all their Lands Rents Revenues Possessions whatsoever in the Crown of England and that without any sacriledge impiety or injustice never since resumed nor ever likely to be restored to them in succeeding Ages being for the most part alienated sold and distributed by our Kings into the hands of the Nobility Gentry Commonalty and Corporation of the Kingdom and into the hands of all or most of the Archbishops Bishops Deans Chapters Prebends Colleges in England Ireland who repute it neither Sin nor Sacriledge in themselves to receive detain enjoy these Monastical Lands and Possessions out of whose spoyle the Bishopricks Deans and Chapters of Glocester Châ—tâ—r Oxford Peterborough and Westminster it self were first erected by Parliaments and Statutes of 31 H. 8. c. 15.33 H. 8. c. 31 34 35 H 8. c. 12 15 17. and the Letters Patents of King Henry the eight under his Great Seal translating the Conventual Churches of Bristol Glocester Oxford Peterborough and VVestminster into Cathedral Churches and Sees of Bishops and the Abbots Priors Covents of these Churches into Bishops Deans Chapters limiting the bounds of their Diocesse taken out of other antient Bishopricks and granting them all their Episcopal and Ecclesiastical Jurisdiction as derived only from our Kings the Supream heads of the Church of England under Christ and to be exercised only in their Names Stiles Rights steeds by these Bishops and their Officers as the Statutes of 26 H. 8. c. 1. 37 H. 8. c. 16 17. 1 Edw. 6. c. 2. 1 Eliz. c. 1. 5 Eliz. c. 1. 8 Eliz. c. 1. and their very Patents resolve us not by any real or adherent Divine Episcopal Jurisdiction derived to them immediately from Christ himself
If then it were neither Sacâ—iledge Impiety nor Injustice in these Parliaments and our Kings to take away sell alienate these Lands and Revenue of Priors Monks Monasteries and divert them from their primitive uses as our Bishops Dean and Chapters must grant as well as others or else renounce resign most of the Temporalties Rents Appropriations and Revenue they now enjoy originally belonging to Monasteries then by the self-same reason it can be no Sacriledge impiety or injustice for the King Lords Commons and Parliament upon the like grounds and considerations to take away sell alienate the temporal Land of Bishops Deans and Chapters if they offend or obstinately refuse to give the late Purchasers of them competent satisfaction for the Kingdoms Peace and Tranquility upon their commands and votes 9ly That is evident by our Histories Records Leager-books that all or most of the Manors Lands Tenements in England and Wales now in the possession of the King Queen Nobility Gentry and Commons of England have heretofore in some Age or other been solemnly consecrated devoted and given by their Ancestors to some Cathedral or Collegiate Church Abby Pâ—ioâ—y Nunnery Cell religious House or other or else by art fraud monyes vested in and setled on them in perpetuity as the Churches Patrimony Yet notwithstanding they have been alienated substracted or taken wholy from them in successive Ages and the inheritances of them setled in our Kings Nobles Gentry and Yeomanry without any scruple of Consciences or real or imported guilt of Sacriledge From whence it inevitably followeth That is the greatest part of all the Temporalties Lands and Revenues which our Archbishops Bishops Deans Chapters Prebends Abbots Priors Monks Templars Hospitallers and other Ecclesiastical or religious persons formerly enjoyed by as good right title in Law Conscience as those now or any of them yet enjoy them might be lawfully alienated or justly taken from them by our Kings Parliaments and Temporal Lords and may be still detained from them by the Purchasers of them their Heirs or Assigns without Sacriledge Impiety or Injustice Then by the self same reason the Lands and Temporalties they lately possessed or yet possess may upon any publick necessity or just occasion be alienated sold and taken from them by our Kings Parliaments Lords and Common without the guilt of Sacriledge or Impiety so as there be a competent maintenance left for the Evangelical Ministers Bishops and Pastors of Parochial Churches for the instruction edification and salvation of the Peoples souls committed to their charge There being the self-same reason of Sacriledge and no Sacrilege in alienating substracting selling detaining the major part of their Lands temporalties as of the Minor Or else if it be real Sacriledge to alienate sell detain any parcels of Lands or Temporalties formerly given by our antient Parliaments to others or vested in the Church or Church-men then all our Kings Parliaments Nobles Commons must be actually guilty of these sins and as far forth obliged in Justice Conscience to make full restitution of all Church-lands whatsoever formerly alienated or substracted as the late Purchasers of Bishops and Cathedral Lands and then the whole Kingdom or farre greatest part thereof must henceforth become the Churches and Church-mens Patrimony and our Kings Nobles Gentry Commonalty of all degrees their mere Homagers Vassals Farmers and Tenants at sufferance the antiquity of former alienations sales of Church-lands by our Ancestors if Sacrilegious and Impious rather aggravating than extenuating the Crime but no wayes justifying the Legality thereof it being a Maxime in our Law Quod ab initio non valet tractu temporis non convalescit and a Principle in Divinity that the older any sin is and the longer persevered in the more execrable and fit to be repented redressed and that Heirs Assignees and Successors are obliged to make restitution of sacrilegious Rapines as well as the immediate Authors of them 10ly That the Dispensation and Indulgence of Pope Iulius the 3d. himself Cardinal Pole Archbishop of Canterbury his Legate upon the Petition of all the Bishops and Clergy of England though Papists and the memorable Act of the whole Parliament of 1 2 Philip Mary c. 8. reciting them and confirming all alienations seisures sales of the Lands Manors Rents Revenues Goods as well of Archbishops Bishops Deans Chapters Prebends Cathedrals as of Abbots Priors Monks and other Religious Persons and Monasteries made by our Kings or Parliaments to the Crown and the Purchasers of all and every of them and their Heirs from the twentyeth year of King Henry the 8th till the first of Queen Mary during their revolt and pretended scisme from the Church of Rome and of all Ordinations Presentations Ecclesiastical Sentences and Proceedings for the publick peace benefit tranquility of the Church and Realm of England and satisfaction of Purchasors may for ever silence our Prelates and Cathedral mens loud cryes against the sacriledge of the late Sellers and Buyers of Bishops and other Cathedral mens Lands and enduce them to give the Purchasors of them full satisfaction by confirming their sales for a competent time For which end I shall transcribe so much of that memorable Act as concerns our present case and condition We the Lords Spiritual and Temporal and the Commons in this present Parliament assembled representing the whole body of this Realm reduced received by your Majesties intercession to the unity of Christs Church and the obedience of the Sea Apolike of Rome and the Popes holyness governing the same make most humble suite unto your Majesties to be likewise means and intercessours that all occassions of contention hatred grudge suspition and trouble both outwardly and inwardly in mens Consciences which might arise amongst us by reason of disobedience may by authority of the Popes holyness and by ministration of the same unto us by the most reverend Father in God the Lord Cardinal Poole by dispensation toleration or permission respectively as the case shall require be abolished and taken away and by authoritie sufficient these Articles following and generally all others when any occasion shall so require may be provided for and confirmed First that all Bishopricks Cathedral Churches Hospitals Colleges Schools and other such foundations now continuing made by authority of Parliament or otherwise established according to the order of the Laws of this Realm sithens this scisme may be confirmed and continued for ever Item that mariages made infra gradus prohibitos consanguinitatis affinitatis cognationis spiritualis or which might be made void propter impedimentum publicae bonestatis justitiae or for any other cause prohibited by the Canons only may be confirmed and children born of those mariages declared legittimate so as those mariages were made according to the Laws of the Realm for the time being and be not directly against the laws of God nor in such case as the Sea Apostolike hath not used to dispence withall That institutions of
Benefices and other promotions ecclesiastical and dispensations made according to the form of the Act of Parliament may be likewise confirmed That all judicial Processes made before any Ordinaries of this Realm or before any Delegates upon any Appeals according to the order of the Laws of the Realm may be likewise ratified and confirmed And finally where certain Acts and Statutes have been made in the time of the late scisme concerning the lands and hereditaments of Archbishopricks and Bishopricks the suppression and dissolution of Monasteries Abbyes Priories Chauntries Colleges and all other the Goods and Cattels of religious Houses Since the which time the right and dominion of certain Lands and hereditaments goods and cattels 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 order of the Laws and Statutes of this Realm for the time being have the same For the avoiding of all scruples that might grow by any the occasions aforesaid or by any other wayes or means whatsoever It may please your Majesties to be Intercessours Mediatours to the said most reverend Fathers Cardinal Pole that all such Causes and Quarrels as by pretence of the said scisme or by any other occasion or mean whatsoever might be moved by the Popes holynesse or Sea Apostolike or by any other Jurisdiction Ecclesiastical may be utterly removed aud taken away so as all persons having sufficient conveyance of the said Lands and hereditaments Goods and Cattels as is aforesaid by the Common Laws Acts or Statutes of this Realm may without scruple of Conscience enjoy them without impeachment or trouble by pretence of any general Councel Canons or Ecclesiastical Laws and clear from all dangers of the censures of the Church And conformable hereunto the Bishops and Clergy of the Province of Canterbury have presented to your Majesties a supplication in this tenour that followeth Nos Episcopi Clerus Cantuariensis provinciae in hac Synodo more nostro solito dum Regni Parliamentum celebratur congregati cum omni debita humilitate reverentia exponimus Majestatibus vestris quòd licet Ecclesiarum quibus in Episcopos Decanos Archidiaconos rectores vicarios praefecti sumus animarum quae nobis curae nostrae subjectae sunt earundem bonorum jurisdictionum jurium ex sacrorum Canonum dispositione defensores et curatores constituti sumus et propterea ipsarum bona jurisdictiones et jura in pernicioso hujus Regni praeterito scismate deperdita et amissa omni studio totis nostris viribus recuperare ad pristinum Ecclesiarum jus revocare juris remediis niti deberemus Nichilominus tamen habito prius per nos super hac re maturo Consilio deliberatione ingenuè fatemur nos optimè cognoscere quà m haec bonorum Ecclesiasticorum difficilis quasi impossibilis esset recuperatio propter multiplices ac pene inextricabiles super his habitos contractus dispositiones quòd si ea tentaretur quies tranquillitas Regni facilê perturbaretur vnitas Ecclesiae Catholicae quae jam pietate aucthoritate Majestatum vestrarum hoc in Regno introducta est cum maxima difficultate suum debitum progressum finem sortiri non posset Ideo nos bonum quietem publicam privatis commeditatibus salutem tot animarum praecioso Christi sanguine redemptarum terrenis bonis anteponentes non quae nostra sed quae Iesu Christi sunt quaerentes Majestates vestras enixè rogamus eisque humiliter supplicamus ut reverendissimo in Christo patri Domino Reginaldo Cardinali Polo ad ipsas universum hoc Angliae regnum sanctissimi Domini nostri Domini Iulii Papae tertii Apostolicae sedis de latere legato haec nomine nostro insinuare apud eum intercedere dignentur ut in hiis bonis Ecclesiasticis in parte vel in toto arbitrio suo juxta facultates sibi ab eodem sanctissimo Domini nestro Papa concessas eorundem bonorum detentoribus clargiendis et relaxandis publicum bonum privato pacem tranquillitatem dissidiis perturbationibus atque animarum salutem bonis terrenis praeâ—erre anteponere velit Nos enim in omnibus quae ab ipso legato statuta ordinata circa haec bona fuerint exnune prout extune econtra consensum nostrum praestamus imo etiam ut in praemissis se difficilem aut restrictum reddere non velit Majestates vestrae nostro nomine cum hortari rogare dignabuntur Forasmuch as the said most Reverend Father the Lord Legate at the intercession of your Majesties hath by the authoritie of the Sea Apostolike sufficiently dispensed in the matters specified in the said several Supplications as in his said Letters of Dispensation is contained more at large The tenour whereof ensueth Reginaldus miseratione divina Sanctae Mariae in Cosmodin Sanctae Romanae Ecclesiae Diaconus Cardinalis Polus nuncupatus ad Serenissimos Philippum Mariam Angliae Reges fidei defensores universum Angliae regnum Sanctissimi Domini nostri Papae sedis Apostolicae de latere legatus eisdem Serenissimis Philippo Mariae Regibus salutem in Domino sempiternam Cùm supremum Consilium istius regni Parliamentum nuncupatum Majestatibus vestris per suos supplices libellos exposuisset quòd perniciocissimo scismate in hoc regno alià s vigente quod nunc dei misâ—ricordia Majestatum vestrarum pictate extinctum est aucthoritatem ipsius Parliamenti nonnulli Episcopatus divisi ex his aliquae inferiores Ecclesiae in Cathedrales erectae scholae atque hospitalia fundata necnon plurimae dispensationes beneficiorum provisiones sactae fuerunt ac multae personae quibus persuasum suerat Iuris Canonici dispositiones hoc in Regno amplius locum non habore inter se in gradiâ—us consunguinitatis vel assinitatis de jure prohibitis aliis impedimentis Canonicis fâ—â—i obstantibus watrimonia per verba de praesentii contraxerunt multi actus judiciarii processus ram in primis quam vlteriori us instantiis super rebus spiâ—itualitus Ecclesiasticis coram Iudicibus tam Ordinariis quam delegatis qui authoritate laicali procedebant habiti servati ad super eis etiam sententiae â—atae promulgatae fuerunt bona Ecclesiastica per deversas einsdem regui personas occupata apprehensa fuerunt Quae quidem licet ex sacrorum Canonum institutis irrita declarari possent tamensi ad alium statum quam in quo nune sent revocarentur publica pax quies universi regni turbaretur maxima confusio oriretur praesertim si dictorum honorum possessores molestarentur propteria majestatibus vestris humiliter supplicaverint ut apud nos intercedere dignentur at premissarum rerum firmitati stabilitati simul hujus
Act I shall annex Pope Iulius his Letters and Reasons sent to Queen Mary Anno 1554. for the granting of the forecited Dispensation which occasioned this Statute That all such as by just Title according to the Laws or Statutes of this Realm for the time being have any Possessions Lands or Tenements lately belonging to Monasteries Priories Bishopricks Colleges Chantries Obits c. whether they have purchased them for their money or are come to possesse them by gift grant exchange or by any other legal means whatsoever may retain and keep the same in their Possessions and have the same ratified and established unto them by the confirmation and dispensation of the Sea Apostolick Causes and Reasons why such Dispensations may be justly granted with honour and conscience 1. The State of the Crown of this Kingdom cannot well be sustained to govern and rule with honour if such Possessions be taken from it for at this day the greatest part of the Possessions of the Crown consisteth of such Lands and Possessions 2. Very many men have with their monies bought and purchased great portions of those Lands from the most Excellent Kings Henry the VIII and Edward the VI. who by their Letters Patents have warranted the same of which Lands and Possessions if the Owners should now be dis-possessed the King should be bound to repay unto them all their money which would arise to such an huge Masse that it would be a very hard matter for the Crown to restore it 3. The Nobles and Gentry of this Realm most of whom have sold and alienated their antient inheritances to buy these new cannot live according to their degrees if these Possessions should be taken from them 4. The Purchasors or Owners of such Lands and Possessions in as much as they came to them by just Title according to the Ordinance of the Kings of this Kingdom have held and do still hold a good and justifiable course in obtaining of them 5. The enjoying of such Lands and Possessions is so common unto every state and condition of Men Cities Colleges and Incorporations that if the same be taken from them there will necessarily follow thereupon throughout the Kingdom a sudden change and confusion of all Orders and Degrees 6. Seeing the Goods and Possessions of the Church even by the authority of the Canon Laws may be aliened for the redemption of Captives and that the same may be done by that Church only to whom such Possessions do belong It is fit and reasonable that such Dispensations should be granted for continuing of possession already gotten for so great a good of publick concord and unity of the Church and preservation of this State as well in body as in soul. The consideration of this Statute Letter and Reasons of the Pope himself and our Popish Prelates Clergy in Queen Maries daies may perswade our present Prelates and Cathedral men to the like Moderation Candor and Ingenuity for the satisfaction of the King Parliament Purchasors and preservation of the Kingdoms Churches Tranquility now and hereafter Finally because there is now an extraordinary great clamour against Sacriledge in most Pulpits new Pamphlets and in the Commons House it self by many who understand not truly and thoroughly what Sacriledge is I shall for a close of this Appendix inform them 1. That the word Sacriledge 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 is only once and no more used in sacred writ Rom. 2. 22. What the Apostle there means by committing Sacriledge and what this Sin should be both old and new Expositors do very much disagree I shall render them an account of 10. several opinions of Expositors concerning it who comment on this Text neither of them suiting with that which now alone is declamed against as the sole and only Sacriledge 1. Origen Ambrose and some others interpret Sacrilege The Iews violating of Christ the true Temple of God by crucifying him with their sins stealing him out of the Scripture and denying Christ MAGNO SACRILEGIO 2ly Chysostome Theodulus Theophylact Peter Martyr Dr. Willet expound it to be the Iews sparing of Idols and using of things consecrated to idolatry out of covetousness to their own private commodity which by the Law of God they should have destroyed which Calvin and Gualter mislike not And Peter Martyr thence infers Potest quidem Respublica Magistratus noster ea quae superstitiosa sunt auferre et corum pretia in usus pios et bonos convertere without any Sacriledge 3ly Gorhan defines this Sacriledge to be the giving of divine worship unto Idolls 4ly Calvin and Piscator expound it to be the contempt of the Divine Majesty 5ly Haymo informs us that Spiritual sacrilege est sacrorum verborum prevaricatio the praevarication of Gods word but according to the Letter he defines it Sacrarum rerum surtum verbi gratia Quisquis de the sauro Ecclesiae vel de substantia Dei familiarium aliquid occulte abstrahit Sacrilegium perpetrat which extends only to Goods not Lands with whom Lyranus the Syriack interpretation some Popish Commentators accord 6ly Peter Martyr and Lucas Osiander interpret it to be the buying and selling of the Priests Office Orders Benefices Bishopricks as many have done and still do who are really guilty of Sacrilege as well as Symony 7ly Paraeus and others expound it of polluting Gods Service with Iewish and humane inventions 8ly Grynaeus understands it of arrogating to their own merits that which was peculiar to the grace of God 9ly Peter Martyr applyes it to Fly his Sons and such other Priests who violently took away and appropriated to themselves the things offered and consecrated unto God 10ly Primasius Bishop of Vtica in Africk St. Augustine Disciple flourishing in the year 440. in his Commentary on this Text resolves SACRILEGIVMEST QUOD PROPRIE IN DEVM COMMITTITVR QVASI VIOLATIO VEL PRAEVARICATIO MANDATORVM Adding that the Apostle in the next words Per praevaricationem legis Deum inhonoras EXPOSVIT SACRILEGIVM Rhemigius and Haym◠concur in substance with him And indeed this definition of Sacriledge that it is the breach or violation of the sacred law of God is most agreeable to the Apostles meaning and proper etymology of the word Hence Laurentius de Pinue a great Canonist and Angelus de Clavafio in his Summa Angelica Sacrilegium derive and define Sacrilegium quasi Sacrae legis lesio a more proper etymology than that of Innocentius the Pope quasi Sacriledium Now none of all these antient or modern Expositors define Sacrilege to be a taking away alienating or selling the Lands of Bishops Deans Abbots Priors Cathedrals Covents or Chapters never intended by the Apostle in those primitive times of the Gospel when the Apostles themselves and Evangelical Bishops in and immediately after their Age had neither Silver nor Gold nor Temporal Lands or Possessions to take away plunder steal or alienate as is evident by Acts 3. 5 6.
Priests Monks overmuch freequented of late and former times as well in England as in forein parts Now all these Sacrileges as they have no real ground or foundation in Gods word tending only to secure the persons goods of Prelates Church men and other Ecclesiastical persons and all kinds of Traytors Malefactors Debtors Bankrupts Cheates flying unto them and their Churches for Sanctuary and hiding their Goods within their precincts to protect them from the Kings and Civil Magistrates power Laws Officers Executions as our own Histories Statutes and Law-books resolve in the several cases of Thomas Bâ—cket Archbishop of Canterbury Hubert de Burgo Earl of Kent Iohn Saâ—age and sundry others See 50 E. 3. c. 6. 2 R. 2. c. 3. 21 H. 8. c. 2 7.4 H 8. c. 2. 26 H 8. c. 13. 28 H. 8. c. 7 13. 32 H. 8. c. 12 15. 2 E. 6 c. 2 13. 1 and 2 Philip and Mary c. 4. 1 Mary c. 6. 5 Eliz. c. 10 14 19 20. 13 Eliz. c. 7. 14 Eliz. c. 5. 18â— Eliz. c. 3. Kelway f. 91 188 190 1 H. 7 10 23 29. Stamford l. 2. c. 38 39. Brook and Ash Title Sanctuary So the bare alienation or ablation of Bishops Abbots and Cathedral mens Lands by our Kings Parliaments or Clergy men themselves fall neither within the words nor intention of any of these Sacrileges extending only to sacred persons Goods and Chattels not to the sale of Mannors Landâ— Tenements Rents Temporalties of Church-men which is no Sacrilege either within the Canonists or Scholemens definition or division of Sacrilege 4ly That Hostiensis and other Canonists cited by him inform us That whoever doth any injury to Ecclesiastical persons commits Sacrilege and not only so but that it is Sacrilege for any man to question or dispute the Judgement or Decrees of the Pâ—pe or to transgresse dis-respect any publick Laws not to yield due reverence to the Popes or Bishops Canons to violate an Holy-day to imploy a Jew in any Office or to oppresse any pious Place or Hospital under the Patronage or Protection of the Church But these things I presume our Bishops and Cathedral men themselves will ingenuously confesse to be no Sacrilege at all notwithstanding the Popish Canonists and Schole mens resolutions And by like reason the Kings or Parliaments alienation or ablation of their supefluous or abused Church-Land Temporalties must prove no real Sacrilege though some Popes Popish Canonists and Scholemen have concluded it to be so 5ly That Alexander Alensis and others resolve That it is Sacrilege for any Lay-Men with their Families Cattle and Goods to be received or enter into Churches Chaples or Churchyards or to eat drink and lodge in them in times of Peace But if they do it in times of War and Necessity to preserve themselves against the Enemies in cases of eminent danger as they did frequently during the Danish and Norman Invasions and during our Civil Wars then it is no Sacrilege at all Vbi est hujusmodi necessitas non est Sacrilegium If then the case of eminent danger necessity and War will make that to be no Sacrilege in this case which otherwise would have been Sacrilege Then by the self-same reason the Kings or Parliaments ablations sales of the Lands of Bishops Deanes Chapters Abbots Priors in times of War and publick Necessity to defray the vast debts and expences of the Kingdom will prove to be no Sacrilege at all by the definition of Popish Scholemen of old yea of some late Iesuits both in Germany and Spain as well as of Iohn Wickliff Iohn Hus and other fore-cited Protestant Divines and Martyrs concurring in Judgement with them FINIS ERRATA at the Pâ—esâ—e P. 3. l. 3.25 r. 43. p. 26. l. 6. Almes â— Charâ—â— p. 33. l. â—◠〈◊〉 r. praises p. 36. l. 9. r. this is p. 4â— l. 28. Successors 〈◊〉 l. 19. Plancta p. 49. l. 19. dominii p. 50. l. 7. â—aica p. 62. l. 31. excommunicate p. 63. l. 5. Lord. p. 65. l. 11. Monks p. 84. l. 4. Officers r affairs p 91. l. 9. most r. just p. 93. l. 16. iuherent p. 94. l. 15. impated p. 100. l. 2. praesenti l. 26. relaxandi p. 101. l. 16. minus l. 29. consentientes r. 101. l. spiritualis p. 57. l. 38. Edward 6. r. Henry p. 63. l 1. r. Nâ—â—â— Margin p. 48. l. 19. r. l. â— l 20. r. Anselm Glessarum Hunagium * Quem dabis mihi de numero EpiscoporuÌ„ qui non plus invigilet subdâ—â—orum evacuandis marsupiis quam vitus extirpandis Ubi est qui orando flectat iram Ubi est qui praedicet annum acceptibilem Domino Pauci admodum sunt qui non quae sua sunt quaerunt Diligunt munera nec possint pariter deligere Christum qui a manus dederunt mammonae Bernard Sermo 77. super Cantica ‖ See Grotius de Jure Bell. l. 3. c. 10. a Acts 5. 42. c. 20 21 28 1 Cor. 9. 14 to 24. 2 Tim. 4. 1. 2. Rom. 15. 18. 19 20. Mar. 16. 16. a Eccles Hist Gentis Auglorum l. 3. c. 4. 28. l. 4. c. 3. b Actus Pontisicum Cant. col 1636 1637. c Beda Eccles. Hist. l. 1. c. 27. Spelman Concil p. 96. Surius Concil Tom. 1. p. 359. d Spalato de Repub. Eccl. l. 9 c. 7. 2. 36. Bernard super Cantica Sermo 77. Goncio ad clerum in concilio Rhemensi e Gervasius Dorob actus Pontif. Cant. col 1636 1637. Beda f Lu. 22 24 25 26. Vidos omnem ecclesiasticum zelum fervere sola pro dignitate tuenda Honori totum datur sanctitati nihil aut parum Bern. de consid ad Eugenium l. 4. c. 2. g 1 Tim. 2. 1 2 3. h Deut 33. 26 27. [a] Iohn Fox Acts Monuments London 1641. Vol. 1. p. 563 564. 565 566 587. * Fox Acts Monuments Vol. 1. p. 595. c An allegory upon the Paschal lamb A Protestation whereby he giveth light unto the Reader how the proposition aforesaid is to be understood and addeth that the goods of the clergy are not utterly to be taken away but in case they doe abuse the same Nabuchodonozor Ioas. Ezechias David Case of necessity Titus and Vespasian The example of Christ paying of tribute St. Ambrose his mind Christ commanded tribute to be paid unto the Emperor Paul appealed to the Emperor St. Ambrose there in the 8. distinct Daniel 2. St. Augustine Magistrates keepers of both Laws The duty of Kings to punish the Clergy Matthew 21. Wisedom 11. An objection of the desire of other mens goods St. Augustine 14. quest 4. 1 Cor. 3. The clergy subject unto the Emperor and King by means of their possessions Paschasius in 〈…〉 cap. 〈◊〉 The 〈…〉 the Clergy Gregory writeth to the French Queen Wicked Priests the destruction of the people St. Gregory to the French King * Beneficium propter affictum When and how the title of any gift is lâ—st It