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
THE ASSURANCE OF ABBY AND OTHER Church-Lands IN ENGLAND To the POSSESSORS Cleared from the DOUBTS and ARGUMENTS Raised about the Danger of RESUMPTION In Answer to a Letter of a Person of Quality By Nathaniel Johnston Dr. of Physic Fellow of the Royal College of Physicians in London Publisht by His Majesty's Command LONDON Printed by Henry Hills Printer to the King 's Most Excellent Majesty for his Houshold and Chappel Anâ— are to be sold at his Printing-house on the Diâ—ch-side in Black-Fryers 1687. THE PREFACE FEars and Jealousies are of all other Passions the most difficult to be subdued and where they are personated only for accomplishing some Sinister end they are not to be removed by Arguments Since they who are once Possessed with them never yield till they despair of attaining or effecting the ends they aim at All that I can hope to perform by this Treatise is to give satisfaction to those who are scrupulous in good earnest and by the perusing of Partial Authors dread the loss of their Church-lands and the diminishing their Estates thereby To such only I direct this Discourse and can further tell them that their Fears are wholly Groundless since His Majesty by His Special Command appointed the Author to compose this for the Quieting the minds of His Interessed Subjects Publishing to them the Full Assurance of their Possessions by the Canon Civil and Municipal Laws which to all considerate Persons it is hoped will be sufficient satisfaction I must own the Subject is of that moment that it deserved to have been Treated of by an abler Pen and one better skilled in the Laws But I have endeavored with a sincerity becoming one that hates Imposing to clear both matter of Law and Fact. THE TABLE Sect. 1. THe Arguments against the Alienation of Church-Lands pag. 4. Sect. 2. What kind of Alienations have been allowed by the Canons and Constitutions of the Church p. 14. Sect. 3. Several instances of Alienations of Ecclesiastical Revenues from the Churches or Religious Houses they were at their first Dedication conferred on in ancient times p. 22. Sect. 4. Several Instances of particular Alienations of Church-Lands more modern in England p. 32. Sect. 5. Instances of Alienations of Church-Lands in Foreign Coantreys in the Roman Catholic Communion p. 53. Sect. 6. Concerning the Alienations of Church-Lands in Germany and the Establishment of a Tolleration of Religion there by the Treaties of Munster and Osnaburgh p. 64. Sect. 7. Whether Cardinal Pool's confirmation of Church Lands to the Possessors was delusory or not p. 90. Sect. 8 Cardinal Pool's confirmation of Abby-Lands to the present Possessors and the Act thereupon p. 131. Sect. 9. The Exceptions against this Assurance of Abby-Lands to the Possessors That it was not confirmed by Pope Paul IV. fully answered p. 170. Sect. 10. The Application of what hath been offered towards the Assurance of Abby-Lands to the present Possessors p. 193. The Assurance of Abby-Lands IN ENGLAND Cleared from the doubts and Arguments raised about the danger of Resumption In Answer to a Letter of a Person of Quality SIR The occasion of the treating of the security of Abby Lands YOU have obliged me very much in the Present you made me of the late Treatise intitled How the Members of the Church of England ought to behave themselves under a Roman Catholic King And have greatly pleased me in the remarks you have made upon it which in the General are favorable enough in that you say it deserves consideration as much as any Book writ on that Subject since the Kings Succeeding to the Crown and that either directly or by consequence you think as much is said as the matter will bear and you wish it were so considered as it ought to be for you verily believe that the want of weighing the Reasâ—ns there laid down hath occasioned most of those non-compliances with the Kings desires which have been so fatal to some and may yet be to more that will not see how much it is the Interest of all Subjects to endeavor with great obedieâ—ce to comport themselves to their Sovereign in all the Duties of Allegiance and to one another as fellow-Subjects that thereby the Civil Harmony amongst themselves may produce those effects so wise a King and so sedulous for his Peoples happiness studies to accomplish You tell me that a further satisfaction in some particulars you think requisite and since the Author is unknown to you and having some confidence I will deal candidly with you you desire my Judgment in some scruples In obedience to which I here send you my thoughts and shall not insert your Letter entire but in parcels for the advantage of fitting my Answer more satisfactorily to your Objections which as they are such as may shock some deserve a serious reply to especially since his Majesty is desirous his Subjects should be satisfied in this particular SECT I. The Arguments against the Alienation of Church-Lands § 1. The necessity of clearing the doubts about the security of Abby-Lands IN the First Part of the Letter you tell me that you conceive that the Author of the foresaid Discourse hath too slightly passed over the security of Abby-Lands and other Religious Possessions whereof the Roman Catholic Regulars were violently disseized in King Henry the 8th and King Edward the 6th time Whereas you Judge the consideration of the danger of their Resumption as weighty a Reason as any other why persons of Interest and Fortune oppose the Repeal of the Test and Penal Laws lest by yielding a Parliamentary consent to those the Roman Catholic Religion should with greater facility be propagated which once effected you conceive great endeavours would be used to procure a Restitution of those Lands to the Religious Upon this Head you re-mind me what Sir Henry Spelman hath writ in his small but Learned Treatise De non Temerandis Ecclesiis the force of whose Arguments were such as they have prevailed with several persons to restore their Impropriations to their respective Parochial Churches Yet you own that the Subjects both Roman Catholics and Protestants seemed to entertain a firm Opinion of the Legal Security of them till (a) Part 2. fol. 297. Dr. Burnet in his History of the Reformation and the Author (b) Prâ—â—ted for Rich. Baldwin 1685. of a Letter to him giving him an Account of Cardinal Pool's secret Powers endeavoured to make it appear that the Pope neither did nor intended to confirm the Alienation of Abby-Lands and thereby have raised new doubts in mens minds and in this present juncture of affairs their Arguments are made great use of to afright people from yielding any compliance to the King's desire Some Canons against Alienation of Church-Revenues To enforce this you not only press me with the Decretal of (c) 12. q. 2. Non licâ—at Papae Pope Symmachus inserted in the foresaid Letter but urge the Decretal Epistle of (d) Binnii Concil
and themselves And lastly the disputes whether Tithes could be appropriated to Monasteries But considering how this would have swell'd this Discourse I have wholly laid them by SECT II. What kind of Alienations have been allowed by the Canons and Constitutions of the Church Concerning the Decree of Pope Symmachus I Shall therefore in the first place shew you in what cases Alienations of Church Lands are allowed even by the Canons And first I shall note something concerning the Decree of Pope Symmachus which the Author of the Letter to Dr. Burnet principally insists upon A Synod was held at Rome under this Pope and called (a) Binnius Tom. 3. Fol. 693. and 694. Palmaris because celebrated in the Porch of the Church of St. Peter called Palmaria In this Synod at the request of the Council Symmachus caused to be Read by Hormisda the Deacon the Constitution of Odoacer King of the Heruli Published by Basilius his Praefectus Praetoriae Wherein under the Pain of Excommunication he had forbid any to alienate the Goods of the Church This was exploded by the Synod because it was a Law of a Lay-person concerning Church-affairs especially because no Lay-men could appoint the Penalty of Excommunication So Symmachus produceth his own Constitution as it is in the Decretal only the last clause b is very different in Binnius from what is in the Decretal (a) Hujus autem constitutionis legem in Apostoli â tantum volumus sede servari In universis Ecclesiis per Provincias secundum Animarum considâ—rationem quam proposito Religionis Convenire Rectores eorum viderint more servato Ibid. For in the Council it is thus That we will the Law of this Constitution only to be observed in the Apostolic See in all the Churches of the Provinces according to the consideration of Souls the use and custom being observed which the Rectors should see to be agreable to the purport of Religion But in the Decretal it is thus (c) Quod non modo in Apostolica servandum est Ecclesiâ verumetiam universis Ecclesiis per Provincias quidem dicitur convenire 12. q. 2. non liceat Papae This Canon is not only to be observed in the Apostolic Church but is said to be convenient to be observed in all the Churches through the respective Provinces By all which it appears that it was the Pope's peculiar Constitution made before and approv'd of by the Synod and extended only to the Suburbican Diocess of Rome and was not universally obliging which as well as other Reasons might induce (d) Simons History of Ecclesiastical Revenues a late Learned Author to assert that there was a time when the Pope entred not into the cognizance of the Goods of the Churches which depended not on his Diocess I shall now shew you some cases wherein Alienations are allowed even by the Canons so that you may confront these to the Canons produced by you In the 16th Canon of the 8th Council in the time of Hadrian (e) 12. q. 2. Apâ—stolicos paternos Canones the second Pope it is declared that the Holy Vessels may be Alienated for the Redemption of Captives the like St. Gregory (f) Lib. 6. Ep. 15. seu cap. 199. declares to Demetrius and Valerianus Clerks of the Church of Firman concerning 10 l. given by Fabius the Bishop of Mony belonging to the Church for the Redemption of them and their Father Passivus the Bishop Alienations for Redemption of Captives which they were affraid might be required to be repayed and St. Gregory acquits them of it You may say these Instances are only of Charities Therefore I shall now shew that in all cases Alienations according to the (g) 12. q. 2. Alienatiores â—â—â—niuâ—i Canon Law appear to be valid where the consent of the Clerks of the Church to the Grant of the Bishop is obtained Otherwise Pope Vrban had not Decreed that Alienations of all by Intrusions or of those Canonically Elected by the Name of Bishop or Abbot Alienations are valid where the Bishop and Chapter or Abbot and Convent joyns who ought to be Consecrated according to the Vse of his Church to be void if made without the Common consent of the Clerks of the Church By which it is manifest that there had been no need of that exception if such Alienation with the consent of the said Clergy had not been valid in Law. Which is more clear in the third Council (h) 12. q. 2. Abbatibus Presbyteris of Orleans C. 23. where the Canon expresseth that it shall not be lawful to Abbots Presbyters or other Ministers to Alienate Ecclesiastical Goods or things in Holy Ministry nor Pawn them without the Permission and Subscription of the Bishop c. So that it is evident that the Bishop or Abbot with his Clerks or Convents may by Authority of their Constitutions Alienate both Church-Lands and Sacred Vessels It further appears that upon necessity either the Bishop or his Clergy may Alienate the Lands c. of the Church For in the Council of Carthage (i) 12. q 2. placuit ut Presbyteri c. 5. c. ult I find it Decreed that the Presbyters shall Sell nothing belonging to the Church the Bishop not being privy to it Alienations upon necessity nor the Bishops not consulting the Council viz. their Canons or all the Presbytery without necessity So that it seems there may be some necessity which may be thought sufficient to Legitimate an Injust or uncanonical Alienation and I hope to make it appear that there could happen no greater necessity at any time than that which occasioned Pope Julius the 3d. to grant the Power to Cardinal Pool for Assuring the Abby-Lands to the Possessors how unjustly soever they had obtained them Having thus cleared Application that by the Canons there may be Alienations of Church Revenues notwithstanding the positive Canons to the contrary I shall only add that the Pope ex plenitudine Potestatis hath Power to dispense with Canons Decrees c. I shall therefore close this Section with what I find cited by a Learned (k) Bail. summa conciliorum Apparatus q. 58. Author out of St. Thomas Aquinas The Question propounded is Whether the Pope may change the Statutes of the Holy Fathers in General Councils or dispense with them In Answer to this (l) Tract contra impugnatores Religionis 25. in cap. coâ—tra q. 1. contra statuta patrum condere aliquid aut mutare Authoritas quidem hâ—jus sedis non potest St. Thomas holds the Affirmative And whereas that of Zozimus the Pope is urged which expresly determins that the Authority of the Roman See cannot change Statutes of the Fathers or Establish any thing contrary to them He replies to it that in those things which the Statutes of the Fathers have Decreed to be of Divine Right it is true But those things which the Holy Fathers have determined of positive
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