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
and their Majâ—sties arising moved towards the Legat who readily met them and the Queen both in her own and the Kings Name desired that according to the Petition he would grant Pardon to the whole Kingdom and would gather it again to the Unity of the Church The Cardinals Powers Read. Then the Legat after all were seated caused to be h Read the Bulls and Breves and Powers which appertained to his Legatship i Recitâ—ri jussâ—â— quae ad Lâ—gaâ—ioâ—em facultates perâ—inebant â—ullam vocant Brâ—via The Cardinals Speech which being done he made a Speech and told them how they ought to return Eternal praise to the Everlasting God who had given them such eminent helps to amend their Errors and plainly had declared that he had a special care of that Kingdom even as in old times of the Church he had bestowed such favors on the English that they the first of all others having left the Errors of the Gentiles had with public consent embraced the Worship of the True God so now he had afforded that Grace to them when they had disjoyned themselves from the Church that they the first of all others should acknowledge how greatly they had offended and if (i) Quod si eos vere atque ex animo poeniteret quantum gaudâ—i putandum esse capere Angelos ex tanti populi tamque Ampli Regni conversione quibus vel unius peccatoris poenitens animus incredibilem afferre laetitiam soleret Haec atque alia permulta cum Legatus diceret visi sunt omnes vehementer commoveri they truly and from their Souls were Penitent how much joy was it to be thought the Angels would have at the Conversion of such a People and so great a Kingdom when as the Penitent Soul of one Sinner did wont to bring such ineredible joy to them While the Legat spake these and many more things to them they all seemed to be much moved saith my Author Then the Legat (k) Tum surrexit ipse cum omnes in genua procubuissent universos Anglice loquens Aâ—solvit ac dum ilâ—e Absolutionâ—m tribueret Reginae plerique aliis prae gaudio summoque picâ—atis studio obortae sunt Lachrymae omnesque absolutione peracta amanter inter se Ample cabantur atque haec verba saepius usurpantes hodie renati sumus mutuo graâ—ulabâ—ntur arose and when all had kneeled on their Knees in English he absolved them all and had scarce Pronounced the last words in the Name of the Father Son and Holy Ghost before all with one Voice said Amen Amen and while Absolution was giving the Queen and several others out of their great â—iety wept for joy and the Absolution being passed they embraced one another and mutually rejoyced often expressing themselves that that day they were born again Thence they went to the Chappel Royal and Te Deum was Sung. Thus I have given you faithfully what my Author present no doubt at the Action hath given an account of You may in Mr. Fox see the Letter writ by King Philip to the Pope giving him an account of that Days performance Dated on St. Andrews Even November 30. 1554. and another from the Cardinal Dated ult November I shall now acquaint you with what I find in the Journal of the House of Commons relating to this business whereby the truth of Duditius his Relation will the better appear An account of these matters out of the Journal of the House of Commons November 19th The Master of the Rolls and Mr. Sollicitor brought from the Lords the Bill to Repeal the Attainder of Gardinal Pool made 31 H. 8. and it was Read the second time that day November 20th The Bill to Repeal the Attainder of Cardinal Pool was Read the third time and Assented to November 21 the same Bill was sent to the Lords and Mr. Treasurer declared that the King and Queen would be to Morrow Afternoon in the Parliament House to give their Assent to the said Bill November 22. About three a Clock Afternoon in the Parliament Chamber the Royal consent was given to the Bill for Cardinal Pool and so made a perfect Bill November 27. Mr. Secretary Peter declared the King and Queens pleasures to be that the House be to Morrow at the Court to hear a Declaration by the Lord Cardinal of his Legacy November 28 Mr. Speaker Declared the Legacy of the Cardinal was to move us to come again to the Unity of the Church from which we were fallen The Master of the Rolles and Mr. Sollicitor declared from the Lords that they had appointed the Lord Chancellor four Earls four Bishops and four Barons to confer with a number of this House who Immediately were sent unto them The Lords aforesaid together with the Commons of the House appointed devised a Supplication to the King and Queens Majesties which was here Ingrossed and agreed by the House to be presented to the King and Queen whereby the Realm and Dominion might be again united to the Church of Rome by the means of the Lord Cardinal Pool Vltimo Novemb. This Afternoon before the King and Queens Majesty at the Palace the Lords and Commons being present the Supplication was Read in Latin and exhibited by their Majesties to the Lord Legat who making and Oration of the great Joy for the return of lost Sheep did by the Popes Holiness's Authority give Absolution to the whole Realm and the Dominions of the same December 4th Mr. Atturney and Mr. Sollicitor brought a Bill viz. A List of Names of divers of the Upper House requiring a number of this House to confer with them c. Which Immediately were named viz. the whole Council of the House that is all the Members of that House who were of the King and Queens Privy Council and Twenty one Knights and Burgesses sent up to the Lords On St. Stephen's Day Mr. Serjant Dyer and Mr. Sollicitor brought from the Lords the Bill to Repeal certain Acts touching the Supremacy which was Read next Day and the second time Read 29th December Upon the last of December there were Arguments touching the Bill of the Supremacy and upon the 2d of January Arguments upon the same Bill The same Day is thus entred the great Bill touching the Repeal of Acts against the See of Rome and Assurance of Abby-lands and Chantry Lands Read the 3d. time and Assented to By this Journal it appears that the Reconciliation was first performed before the Bill for the securing of Abby-lands was perfected in the Houses So that all the Members of both Houses being absolved in the Name of the whole Realm there could be no Objection against their unqualifiedness by any Church Censures to pass that Bill which is of no small moment to be considered Whence you may Judge concerning what Mr. (l) Marty part 3. fol. 113. Fox Writes That about the time of the Absolution a Messenger was sent from the Parliament to the Pope
an Angel of Peace and Concord by the Counsel and Unanimous assent of our Venerable Brethren the Cardinals of the Holy Roman Church and have Impowered thee with all the Faculties which we have thought necessary to the effecting so great a business or are any way seasonable for it and among other things have given Authority and Faculty to thy Circumspection to Accord and Transact with the Possessors of Ecclesiastical Goods concerning all the Fruits unjustly received and the Moveable Goods wasted and them to free and acquit when it can be done as in our Letters thereupon made it is more fully contained Whereas for these beginnings which by the Industry and dilgence and right and constant mind to God of the said Mary and in that matter by thy co-operating Study and Counsel the foresaid work of Reduction in the said Kingdom to this Day hath and the perfection of the said Famous work is dayly more to be hoped and the matter may be known thereby to have more easie progress so much the more as we shew hope of Apostolical Benignity and Indulgence in the Possessions of the Ecclesiastical Goods occupied by the Men of that Province in the confusion of the late times We not willing for any Earthly respects to hinder such a recovery of a Nation the most beloved of us in Christ after the custom of an Holy Father towards Sons of us and the Holy Catholic Church after a long time of dangerous Travel abroad meeting them that look back and return with a wished Embrace In whose excellent Vertue singular Piety Learning Wisdom and Dexterity we having in the Lord full trust at thy own Arbitrement by our Authority give thee full Power of Treating Agreeing Transacting and Compounding with whatever Possessors or Detainers of Ecclesiastical Goods as well Moveable as Immoveable in the said Kingdom for whom the said most Serene Queen Mary shall Intercede and give the full and free Apostolical Authority by the Tenor of these Presents and of certain knowledge to dispense with them that they may retain the said Goods without any scruple for the future and of concluding and doing all and singular other things which in these and about these are any way necessary and seasonable saving however in these matters in which for the greatness and the weightiness of them this Holy See of due may be thought by thee to be consulted our and the said Sees good Will and Confirmation notwithstanding the Letters of Pope Paul the 2d our Predecessor of happy Memory of not Alienating Church-Goods unless by observing a certain Form or any other Apostolical Edicts General or special Constitutions and Ordinations in Provincial or Synâ—dal Councils or any Oath or Apostolic Confirmation of any Churches Monasteries or other Regular or Holy Places or by any other Firmness corroborated Foundations Statutes and Custâ—ms having their Tenors sufficiently expressed to the contrary whatsoever The insincerity of the Author of the Letter to Dr. Burnet From this Breve the Author of the Letter would Insinuate that the Salvo took all away and vacated all the Concession of the Pope to make which the more probable he renders the Salvo thus that he reserves all to the Popes Confirmation and good pleasure in all those things that were of such Importance that the Holy See ought first to be consulted by Pool which even as this Translator renders it may but seem a necessary Reservation because some matter of great Importance might require it but as it is in the (i) Haec sancta sedes merito tibi â—ideretur conjulenda Breve it is onlly in such things as should to the Cardinal seâ—m fit that the Holy See should be consulted and I have not yet Read that the Cardinal found any further cause to consult the Pope or obtain greater Powers For he makes the dispensation general without any such Reservation and it is well known that when the Emperor and Granvillanus Bishop of Arras afterwards Cardinal understood this Breve was sent they said if they had known the extent of it they had not Importuned the Pope any further and our Friend of Dr. (k) Pa. 14. Burnets saith that by Ormanets Letter it appears that these last Powers gave the Emperor full satisfaction and were not at all excepted against only Granvillanus made some difficulty in one Point whether the settlement of the Church lands should be granted as a Grace of the Popes by the Cardinals hands Immediately to the Possessors or should be granted to Philip and Mary and by that means to the Possessors for it seems saith he it was thought a surer way to engage the Crown to maintain what was done if the Pope were engaged for it to the Crown with which he would not venture so easily to break as he might perhaps do with the Possessors themselves But continues he Ormanet gave him full satisfaction in that matter for the manner of settling it being referred wholly to the Cardinal by his Powers he promised he would order it in the way that should give the Nation most content Having thus removed all the difficulties I have met with and the objectiâ—ns against the fulness of Cardinal Pools Powers granted by Pope Julius the 3d. It is full time to consider the Transactions of the Cardinal in order to his Execution of the same Powers to the quieting of the Possessors Consciences and securing them from all Ecclesiastical censures SECT VIII Cardinal Pools confirmation of Abby-lands to the present Possessors and the Act thereupon BEfore I give you an account of the Act it self I think it necessary to shew the Cardinals Progress towards the Reconciliation which was the Foundation of the Confirmation of the Abby and Chantry Lands given to King Henry the 8th and Edward the 6th by the respective Acts of Parliament which Relation I extract out of Duditius in his Life of Cardinal Pool an Author I shall have occasion to mention hereafter (a) Duditius p. 26. A. B. He had been attainted by Act of Parliament and that was taken off two days before viz. 22. Novem. In September 1554. in the Company of the Lord Paget and Hastings sent by the King for that purpose Cardinal Pool arrived at Callice and there met six of the Kings Ships sent for him At Dover the Bishop of Ely and the Lord Montacute met him and at Gravesend the Bishop of Durham and the Earl of Salisbury who brought with them the Act of Parliament for his Restitution under the Broad Seal Then he took Shipping and by their Majesties appointment had the Silver Cross the Emblem of his Apostolic Legatship placed in the fore Deck of his Vessel and accompanied with many Boats and Barges he came to the Court the (b) Id. p. 27. The Reception of the Cardinal Bishop of Winchester Lord Chancellor met him at the Shore and presently the King also and the Queen received him at the top of the Stairs Having staid some while with their Majesties
covered with Lead To this let me add what I have from the relation of a Reverend person that hath lived long upon the place St. Edmunds Church at Rome pulled down for the building a private house that about 20 years since a Church in Rome belonging to the English College there and Dedicated to St. Edmund the Martyr was pulled down and made a dwelling House and the obligation of Divine Service was transferred to St. Thomas Church By all which it appears that not only Religious Lands may be Alienated but the very Churches themselves Consecrated in a special manner to the service of God even in the Church Communion and City of Rome may be demolished and converted to profane uses SECT V. Instances of Alienations of Church Lands in Foraign Countries in the Roman Catholic Communion IF we take a toure into other Countries we shall find the like Alienations of Church Lands suppressions of Monasteries or their being converted into more secular uses than they were by the first Institution designed In the Year 1563. (a) Pietro Soavo Polano Hist of the Council of Trent fol. 666. Pius the 4th being Pope and Charles the 9th King of France The Queen Regent of France sent Letters to Rome and Trent in the end of May that consultation had been had how to pay the Debts of the Crown that a Decree had passed for Alienating to the value of 100000 Crowns of Ecclesiastical Immoveable Goods Alienation of Church livings in France 1563. and it was confirmed by the Kings Edict and Sentence of the Parliament The French Ambassador was Ordered to move his Holiness to give his consent alledging the exhausture of the Exchequer by the late War that he designed to put his affairs in Order that he might begin as his purpose ever was since the making of the peace to reunite all in the Kingdom to the Catholic Religion and that he might be abler to force whosoever should oppose him he meant to impose a Subsidy and cause the Clergy to contribute their parts to it also whereto the Church was so much more bound than others by how much their interests were more in question That all being considered nothing was found to be more easie than to supply the necessity with the Alienation of some few Ecclesiastical Revenues whereto he desired the consent of his Holiness The Pope answered that the demand was painted forth with a fair pretence of defending the Church but it was the only way to ruin it for the avoiding whereof his securest way was not to consent to it (b) Idem p. 667. and he was of opinion that the French would not proceed to the execution of it without him and he thought without his consent none would adventure Mony upon them because a time might come that the Ecclesiastics would resume their Rents and not restore the price and he proposed the business to the Consistory and resolved not to consent but by divers excuses to shew it was impossible to obtain that demand at his hands (c) Idem 739. The French having considered the Popes Answer resolved to Treat no more with the Pope for his favor in the Alienation but to execute the Kings Edict approved in Parliament without any consent of his Holiness This being suddenly performed few Buyers could be found which was a hindrance to the King and no favor to the Clergy for the Sale was made at low Rates so that there was but Two Millions and a half of Franks raised small in regard of the things Alienated being but Twelve for a Hundred whereas it had been a small price if they had given a Hundred for Four. Amongst the things sold the Jurisdiction which the Arch-bishop of Lyons held until that time over the City was sold at the outcry for 30000 Franks but the Bishop complained so much that in supplement of the price he had given unto him 400 Crowns yearly I know not whether ever any Pope confirmed this however it is apparent that if the Pope by Bull had confirmed it none would have scrupled the Legality of the Title of a Purchaser But this is (d) Ex relatione Reverendi Superioris Ordinis St. Benedict most certain that those Alienations continue to this day only the Religious have liberty to redeem them paying the Mony payed for them and the charges for any improvement as I have it from one who lately redeemed such an Alienation from the Purchaser Pope Alexander the 7th by his (e) Bullarâ—um Magnum impressum Lugdini vâ—l ult fol. 220. Bull dated 28 April 1656. 2o. Pontisicatus suppressed the Order of the Fratrum Cruciferorum or Cross-bearing Brethren The Preamble runs thus We thinking it Our Duty with all Study and Industry continually to cultivate the Vinyard of the Lord The suppression of 4 Orders by the Pope which is his Church by the Divine Will committed to Our care that the Vines of Religious Orders providently planted in it which being destitute of the Primigenious vigor of Regular observance have degenerated into barren wild Vines according to the Example of the good Husband-man or Father of the Family We must pluck out of the Vinyard as by mature and fore-thought deliberation We see it in the same Lord to be healthfully expedient Therefore when long since it is found that of the Order called the Fratres Cruciferi there remains but four Monasteries which had in the whole Order Twenty five Twenty one of them being suppressed by Pope Innocent the 10th our Predecessor of happy memory whose Brethren are reduced now to a few and have totally deviated from the Primitive Institution and is in the Church of God wholly unprofitable and there is no hope that it shall be reduced to bring forth good fruit Therefore of our proper motion and certain knowledge and mature deliberation by the fulness of Apostolic Power by the Tenor of these presents we for ever extinguish suppress and abolish the said Order with all it's Dignities Offices and Ministries and all it's Conventualship Title Essence and Denomination And we do resâ—rve all and whole the Goods Movable and Immovable as well Sacred as Profane their Convents Houses Vinyards Farms Canons Responsions Fruits Entries and Rights whatsoever wherever they be according to the disposition of us and the Apostolic See to the Vses and Pious works to be converted by those to whom they are committed by us and the said See. Then follows a Non obstante against all things that might Invalidate this and all the expressions that may confirm it which are too tedious to be here Inserted Then follows a Bull of the same Pope dated the same day for suppressing the Congregations of the Canons (f) Bullâ—rio prâ—â—dicto fol. 221. 222. Regulars of the Holy Spirit at Venice Styled Congregatio Canonicorum Regularium Sancti Spiritus Venetiarum (g) Eodem Bullario fol. 467. There is also another Bull by Clement the 9th for the suppression and extinction
of the Congregations of the Canons of St. Gregory in Alga at Venice and the Brethren Jesuits of Saint Jerom in Fesulis Styled Congregationem Canonicorum St. Gregorii in Alga Venetiarum ac fratrum Jesuitarum St. Hieronymi in Fesulis How the Revenus of the two first were disposed of I know not but the last and I believe so of the former were given to the State of Venice for defraying the charge of the defence of Candy and the Senate sold them and the Buyers are in no danger of Resumption In the like manner Cardinal Vrsini Protector of Poland hath of late Interceded with the Pope for dissolving of several Religious Houses in that Kingdom to supply the Treasury in the Important War that Kingdom sustains against the Turks and I doubt not but it is or will be effected The Abby of Burgh de Diâ—u Alienated To return to France the Famous Abby called Burgh de Dieu which with the appurtenances is valued at 20000 l. yearly Rent is Possessed by the Prince of Conde and it is little more than two years since that two thirds of the Rich Abby of St. Denis in France hath been given for ever by the Pope Two thirds of the Abby of St. Denis Alienated for the Education of Young Gentlewomen the King having sollicited the Alienation and caused it to be confirmed by the Arch-bishop and Parliament of Paris At Liege in (h) Lord Castlâ—maine Peply p. 219. Germany the Prince enjoys the Cloyster Garden and Appendices belonging to the Nuns there by the Popes Bull and all Catholic Divines and Lawyers are satisfied In Germany as well as in other places Alienations in Germany it hath been long Practized that such a portion of Religious Lands as have been imployed for the Table of the Arch-bishops Bishops Abbots or Priors have been Converted to Secular Pensions In General we may observe that as the Statute of Mortmain here was made to restrain Peoples too Prodigal giving to the Church so where some Church-mens Revenues are thought too great and some Merit was thought fit to be rewarded Commendams and Pensions have been thought to be dispensed with By these and multitudes of other instances I might produce if the cause râ—quired you may easily Judge that the Canons of Councils the Decretals of Popes and other Constitutions Ecclesiastical prohibiting Alienation of Church Lands have been Infringed sometimes by Secular Princes without and sometimes with the Popes Dispensation in all Ages SECT VI. Concerning the Alienations of Church-lands in Germany and the establishment of a Tolleration of Religion there by the Treaties of Munster and Osnaburgh Objecti ∣ on Objection that the disseizing of the Religious in England was very different from that in other places I Believe you had considered the force of these particulars of which you could not be ignorant therefore you tell me how different our case is from any other Alienation of Church-lands since in all the foregoing Examples the Sacred Patrimony was either commuted to some other Charitable use or employed for the support of Armies for defence of the Prince or his Dominions or of Christians against Pagans or Turks But here was a total suppression and Abolition of Religious Orders under pretext that they had degenerated into Sloth Vice and Superstition and that their Lands being given to the Crown would so Augment the Kings Revenue as the Subjects for the future would be eased of Subsidies and other Taxes the King might erect new Bishopricks and imploy some of their Lands to better Religious Uses which were the popular Arguments to obtain the Assent of the two Houses of Parliament to their Dissolution Yet for want of appointing how particularly these Lands should be applyed to such uses and the absolute Investing them in the Crown without Limitation of Uses they were squandred away by piece-meal and the Subjects very little eased of any publick burthen You further add that when you consider these things and the Artifices used to obtain surrenders from the Convents of these Lands and then make them pass for their voluntary Acts and as such obtain their confirmation by Acts of Parliament so that in no Kingdom or State any such unpresidented Innovation upon the Rights of the Church or such a sweeping devastation of these Lands so legally settled upon the Religious was ever known You cannot conceive but that if the Roman Catholic Religion can ever be Introduced here those Lands will be claimed and in Justice ought to be restored Since no defence can be made for so violent a possession of them In the proper place when I come to consider the Act it self I hope to give you satisfaction that tho' I grant all this yet no Resumption can possibly be obtained How the Religious Lands in Germany were setled by the Treaty of Munster But before I speak to this I shall pass with you into the Empire and own how the Churches there have lost their Lands and that the condition of them in Germany is nearest akin to ours and that there the Entrance upon the Church Revenues was by Violence during a Civil War by the Princes of the Augustan Confession seized upon as out of the Hands of their Enemies and that during the Treaties of (i) Tractat. Pacis c. p. 140. The Nuncio of the Pope protests against it Munster and Osnaburgh the Restitution of these Lands being debated Fabius the Popes Nuncio afterwards Pope by the Name of Alexander the 7th made his protestation against it both by the (k) Testatum facio me tum jussu Pontificis ac muneris mihi demandati Intuitu tum propriae Deo dante voluntatis propensione c. Command of the Pope by Vertue of his Character then and the propensity of his own Will and entr'd his Protestation against it Dated at Munster October 26. 1648. Also Pope Innocent the 10th Published his (l) Ibid. p. 148. The Pope condemns it by Bulls Bull the 26th of November following in 5o. Pontificatus against both the Treaty of (m) He Presaceth the Bull thus Zelo Domus Dei animum nostrum assiduo commovente in eam praecipue curam sedulo incumbimus ut Orthodoxae fidei Integritas ac Ecclesiae Catholica Dignitas Authoritas ubique sarta tecta conservetur Osnaburgh concluded the 6th of August 1648. and that of Munster the 24th of October the same year declaring both against the Possession of Ecclesiastical Goods by the Heretics to them and their Successors and the permission of the Heretics as he Stiles them of the Augustan Confession to have free liberty of Exercising their Heresie in several places and the Assignment of places to to build Churches and their enjoying of Publick Employments Offices and Participation of Arch-bishopricks Bishopricks and other Ecclesiastical Benefices Provost-ships Baly-wicks Commendams Canon-ships other Benefices c. Which at large may be Read in the Tracts Published at Leyden 1651. In Answer to these I
he was by the Bishop of Winchester and several Nobles conducted to Lâ—mbeth which the Queen had caused to be Richly furnished for his Reception After three Days he waited on the King who met him out of his Bed-Chamber bringing a bundle of Letters directed to him lately brought from Rome and with them the Pope sent an (c) Cum eoque Pontisex Facultatum Legati Amplisicationem miserat quae maxime expetebatur Id. p. 27. b. Amplification of his Powers which was greatly desired saith my Author by which expression it is manifest that this Bull was satisfactory The Day after the King gave a visit to the Legat and there they had Conference how the Kingdom of England might be revoked to the Unity of the Church The Cardinals Speech to the Houses The next Day the Cardinal came to the Parliament and Lord High Chancellor made a Speech to the Houses letting them know how the Cardinal was sent as Legat from the Pope to their Majesties and all the Kingdom of England and having explained to their Majesties the Commission of his Legatship in the Audience of all The Cardinal in the English Tongue made a long (d) Has viz. Leges quod illâ— abrogâ—sseâ—t iis sese pro tamo benefiâ—â—o gratiâ—s agâ—â—eâ—eâ— babâ—tuâ—um semper quantas possit maximas atque hoc quidem Beneficium eo sibi contigisse gratius quod facultatem sibi praeberet vicissim illis Inserviâ—â—i intanta re causâ quae tantopere ad eorum incolumitatem sâ—lutem pertineret seque Illuc propterea venisse at quemadmodum ab illis in terrenam patriam nobilitatem Restitutus ipse fuâ—rat ita rursuâ— eos in coelestem Patriam aâ— Nobilitatem Restâ—turet qua ipsimet sese tum privassent cum ab Ecclesiae unitate desciverant Idem p. 27. b. Oration thanking them for the taking off the Laws that hindred him from entring the Kingdom and this favor he â—â—â—d was the more acceptable to him in that it gave him a Power on his part to serve them in such a matter and cause which so greatly appertained to their safety and Salvation That he came thither for that cause that as by them he was restored to his Earthly Country and Nobility so on his part he might restore them to their Heavenly Country and Nobility which they had deprived themselves of when they departed from the Unity of the Church Then he remembred them what Calamities they had undergone how great a Benefit by the great bounty of God was proposed to them and how great benefits in all times especially from the Apostolic See were afforded them that they might at length acknowledge the Errors of former times and truly and from their Souls detest them and exhorted them that with all alacrity of Soul they would receive and studiously retain the benefit that God in the Name of his Vicar by his Legatship had brought to them That it now remained that since he was come and brought the Keys by which he might open the Doors of the Church to them and as they had opened a Passage to him into his Country by abrogating the Laws which shut him out so on the other side he desired they would abolish all Laws which were made against the Apostolic See by which they were wholly cut off and torn from the rest of the Body of the Church While the Legat spoke these things all heard him with great attention and silence and many often lift up their hands that one might observe they were much moved and received no small Edification by the Speech of the Legat. Then the Chancellor in the Name of the King and the whole Parliament gave the Legat thanks and told him that they would deliberate among themselves of those things he had spoken The resolves of the Parliament conformable to the Legats Speech The Legat being withdrawn into the next Chamber the Chancellor made a Speech to the Parliament relating the summ of the Legats Speech and acknowledging that he himself was one of those that had fallen and admonished them how great the benefit of God to them was that all might again arise and exhorted them to receive the pardon offered them At the next meeting the Day after (e) Cum de eo relatum esset ut ad Ecclesiae unitatem rediretur Id omnes mirifica consensione approbarunt all with a wonderful assent yielded to return to the Unity of the Church The Legats appearance at the Parliament on the day of the Reconciliation The Day following being St. Andrews Day the Parliament assembled the King sent the Earl of Arundel High Steward of the House and six other Noblemen Knights of the Garter and as many Bishops to bring him to the Palace where the Houses convened The Legat was Apparelled with the Ornaments accustomed and had all the Ensigns of his Legatship and was received with much Honor by their Majesties The Lord Chancellor declared what was done the day before and asked all present whether they would confirm them and (f) Vt ipsorum nomine venia peteretur ad Ecclesiae vnitatem ac Pont. Rom. supremi ejus capitis obedientiam rediretur Id â—unctis magno clamore assentientibus in their Names that pardon should be asked and whether they would return to the unity of the Church and the Obedience of the Pope Supream head of it To this every one with a great noise assented The Petion of the Houses for Absolution Then the Lord Chancellor delivered their Majesties the Petition of the Houses in which they all declared their Penitence for their by-past Schism and for all things which they had admitted against the Apostolic See and the Church of Rome and they professed as much as in them lay in that very Parliament to disannul all those Laws which were made against the Authority of the Apostolic See and Church of Rome and prayd their (g) Reges ipsos oraebâ—nt utpoâ—e quos Deus ab â—ac labe puros aâ—que Intâ—gros conservasseâ— veniam sibi à Pont. Max. per ejus Lâ—gaâ—um Impetrarent ut in gremium ma ris Ecclesiae taâ—quam Filii reciperentur quos eorum oâ—anium quâ—e in â—llam anâ—eâ— deliquissent vere atque ex animo poeniâ—eret uâ—que ejusdem corpori à quo divulsi fuerant velut Germana viva membra rursus agglutinarentur Majesties whom God had kept pure and whole from that stain to intreat Pardon for them from the Pope by his Legat and that he would receive them as Children into the bosom of the Church repenting them truly and from their Souls of all things wherein they had sinned against it and that he would conjoyn them again as Brotherly and living Members to that Body from which they were torn The Queen desires the Cardinal to grant it When their Majesties had Read this Petition they gave it again to the Lord Chancellor who Reâ—d it aloud that all might hear it
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