Tom. 1. fol. 156. c. 2. D. Omnes tales praesumptores Ecclesiae raptoresatque suarum facultatum Alienatores a liminibus sanctae matris Ecclesiae Anathematizatos Apostolica Authoritate pellimus denunciamus atque Sacrilegos esse judicamus non solum eos sed omnes consentientes eis Pope Lucius who lived about the year 253 where the Pope speaking of those who vexed the Bishops of France and Spain about the Possessions of their Churches and the Offerings of the Faithful saith That according to the Examples of the Prophets and Apostles and their Successors and all the Catholic Fathers this was adjudged Sacrilege Therefore the Pope following the said Examples expels all Foretakers Robbers of the Church and Alienators of their Profits from the Threshold of the Holy Mother Church by Apostolic authority excommunicates them Condemns them and judgeth them Sacrilegious and not only those who depriv'd the Bishops and their Churches of the offerings but all such as consented to them So in the 2d (e) Qua Divinis sunt Assignata usibus ad humanos usus sine Sacrilegio non posse transferri Idem f. 83. Epistle of Pope Pius I. An. 155. it is expressed That those things which are assign'd to Pious Vses cannot be transferr'd to Human Vses without Sacrilege And so he orders such to be esteemed and judged In the Council of (f) Concilium Agathense Id. to 3. fol. 712. Col. 1. c. â— Agatha in the time of P. Symmachus about Anno 506 cap. 1. n. 7. it is thus decreed Casellas vel mancipiola Ecclesiae sicut prisca Canonum praecipit Authoritas vel vasa ministerii quasi commendata fideli praeposito in Integro Ecclesiae Jure possideant Ideoque ut neque vendere neque per quoscunque contractus res unde pauperes vivunt alienare praesument Which is to be rendred thus That the Churches in full right possess the Houses and Farms and the Vessels of Vse in the Holy Offices as commended to a faithful Steward as the ancient Authority of the Canons command so as none presume to sell or by any contracts alienate those things on which the poor live So in the (g) Indigne enim ad Altare Dei properare permittitur quires Ecclesiasticas audet invadere c. sixth Synod under the same Pope in the time of Theodoric the King it is thus expressed He is unworthily permitted to approach the Altar of God that dare invade Ecclesiastic Goods or unjustly that is without the Bishop's License possess them or wickedly or unjustly persist in the defence of such possession And further it is declared That such are to be judged Murderers of the Poor and if they amend not the fault are to be Excommunicated In the third Council of (h) Haec Synodus nulli Episcoporum licentiam tribuit res alienare Ecclesiae quoniam Antiquioribus Canonibus prohibetur Idem Tom. 4. fol. 503. Toledo it is decreed That no Bishop have Power or License to alienate the Goods of the Church because by ancient Canons it is forbid So in the Decretals 12. q. 2. Pope Stephen I. or as the lesser Gloss Pope Anaclet I. decrees That he shall be reputed a Manslayer that takes away defrauds or robs the Moneys i.e. any Profits of Christ and the Church for which Ivo may be consulted p. 3. c. 18. You further urge the seventh Synod (i) Si quis Episcopus vel Monasterii Praefectus inventus fuerit ex Episcopatus vel Monasterii Agris in Principis alicujus manus alienare vel alteri personae tradere nullius sit momenti Traditio Idem Tom. 6. fol. 124. of Nice under Constantine and Irene wherein it is thus decreed That if any Bishop or Superiour of a Monastery be found to alienate into the hands of any Prince or deliver to another person thâ— Lands of the Bishopric or Monastery such Alienation shall be of no force You refer me also to the Council of Milden (k) Idem Tom. 6. fol. 410 C. D. under â—ope Sergius II. wherein the Decree is in these words Quapropter secundum Statuta Canonum ab omni Ecclesiastica Communione ut Sacrilegus debet Arceri si quis quod Venerabilibus locis relinquitur vel pravae voluntatis studiis suis tentaverit compendiis retinere Which I translate thus Whâ—refore according to the Statute of the Canons if any by the study of a depraâ—ed will attempt to restrain that to his own use which is bestowed on Venerable places viz. Churches Monasteries c. he ought to be driven from Ecclesiastical Communion as a Sacrilegious person The last thing you urge is That I will peruse the Collection of the Decrees of Councils (l) 12. q. 2 pertotum and Epistles of the Popes against Alienations of Lands or Goods once given to the Church in the Canon-Law I know you expect a very positive Answer to these Canons which you think bind all that are or shall be in Communion of the Church of Rome and with the Author of the Letter to (m) p. 11. Dr. Burnet are ready to say That a man may as well be a Papist and not believe Transubstantiation nor worship the Host as be one and still enjoy Church-Lands and that no Confessor that understands the Principles of his own Religion can give Absolution to such as are involved in that Guilt without Restitution This is the sum of the Charge and I shall own that it is Incumbent upon the Governors of the Church to secure by Canons and Constitutions the rights of it both as to Jurisdiction and Patrimony The like we find enacted in our own Kingdom since the Reformation (n) Parsons Law p. 26. 1 and 13 Eliz. and 1 and 3 Jac. 1. Whereby Bishops and all other Ecclesiastical persons are restrained to Alien or discontinue any of their Ecclesiastical Lands or Livings and if they convey or Alien any of their Lands or Possessions altho ' it be to the (o) Cokes Reports Magdalin Col. case Kings Majesty himself is void in Law. All that I shall therefore endeavor to clear is that in some cases even by other Canons the dispensation with the Rigor of those you mention are allow'd and that several Popes by the plenitude of their Power have dispensed with them I had Collected out of Mr. Selden and others a large account how in the Primitive times according to the Authority of (p) Apolo cap. 39. and 42. Tertullian and St. (q) Ep. 266. you may see for these Syn. Gang. Can. 66. Selden Hist 83 84. Cyprian who lived about An. 200 and 250 after our Saviour that the maintenance of the Clergy was then by Monthly or frequenter Offerings and the last Father compares them to the Roman Sportula (r) Gelasii Dec. c. 27. Ivo Decre part 3. c. 115. Also I had noted when Tithes began to be first Introduced how the Founders of Churches Arbitrarily divided the portions of Tithes betwixt the Incumbents
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
right those are left under the disposition of the Pope that he may change them or dispense with them according to the opportunities of times or Countries and that the words of the Decrees may be altered (m) Servata intentione statuentium quae est utilitas Ecclesiae sicut in omni jurâ— positivo accidiâ— c. and yet the Intention of the Decrees be observed which is the profit of the Church as it happens in all positive Laws where subsequent Statutes derogate from the former I might clog you with Authorities to prove this but matter of Fact will clear it better to which I pass SECT III. Several Instances of Alienations of Ecclesiastical Revenues from the Churches or Religious Houses they were at their first Dedication conferred on in Ancienter times The History of Charles Martel THE generality of late Historians who have occasion to speak of Charles Martel accuse him as one of the first that committed manifest Sacrilege therefore I think my self obliged to refresh your memory with the most material passages of his Life relating to these matters In Paulus Aemylius (a) De Rebus Gesi is Francorum fol. 55. ad 67. you may find an account of his Noble Descent from Ausbert a Duke and Blitilda Daughter of Clothair the second King of France whose Great Grandson Ansigas the Duke who Married Begga the only Heiress of a Rich Nobleman who possessed the greatest part of Austria and was Father of this Charles Martel afterwards created Prince of France He grew Famous in the conduct of Armies under Dagobert Chilperick and Theodorick the second Kings of France Under the last of which the Sarazens who had been called out of Africk by Julian the Earl of the Vice Goths to revenge the Fact of King Roderick in abusing his Wife about the Year 730 under Abderama their King passed into Aquitain and every where spoyled the Religious Houses and out of hatred to the Christian Religion destroyed the Churches in Gascoign Angolism Sauton and Poictou Countries most Rich and plentiful and where by the Devotion of the Inhabitants the Churches were adorned and enriched with much Gold. These Sarazens were 400000 strong and Charles Martel encamping beyond the River Loyr near Turone Fought them and Slew of them 375000 losing but 1500 of his own Men. He Fought another Battle with prosperous success against them under the Conduct of Athinus their King. He was relyed upon for his assistance to the Apostolick See as appears by several (b) Binnius Tom. 3 fol. 467. Lachrymae die nocleque ab oculis nostris non dificiunt Ep. 7. Epistles writ to him by Pope Gregory the third when he was in danger to be oppressed by Luitprandus and Hilprand Kings of Lombardy wherein he calls him Subregulus and at large recites what Tribulation Danger and consternation he was in So that Tears flowed from his Eyes night and Day and applies himself to this Charles Martel as to a refuge in time of his great distress In another Epistle (c) Vt cognoscant omnes gentes tuam fidem puritatem atque amorem quem babes erga principem Apostolorum sanctum Petrum nos ejusque peculiarem populum zelando defendendo ex hoc enim poteris immortalem aeternam vitam acquirere Id. Ep. 6. the same Pope tells him that he might expect a reward before the Omnipotent God in the life to come with the Prince of the Apostles as he disposed himself for the defence of the Church of God and the Pope and speedily engaged in it So that all Nations might know his Faith purity and Love which he bore to St. Peter the Prince of the Apostles and the Pope and the peculiar People by his Zeal in defence of them for by this he might obtain Immortal and Eternal life In another (d) Ibid. fol. 466. Ep. 5. Epistle the same Pope writes to Boniface Bishop of Mentz that God by the endeavor of the said Bishop and of Charles the Prince of the Franks had been pleased to gather from the Power of the Pagans 100000 Souls into the Bosom of the Church Yet for all this the same Boniface as (e) Monasteriorum multorum eversor Ecclesiasticarum pecuniarum in usus proprios commutator Epist. ad Ethelbaldum Merciorum Regeâ—â— Malmsbury Records it saith that he was the overthrower of many Monasteries and a converter of Ecclesiastical Mony to his own use And Paulus Aemylius (f) Paulus Aemylius vitâ Chilperici 3. p. 67. c. saith that the chief personages praised Martel as one that transcended the Glory of all Captains and Emperors but on the other side the Holy Men said that tho' the splendor of his life was so great in the Eyes of the Vulgar yet he was not so to be esteemed For that he gave the Holy Right of Tithes to Military Men and permitted his Soldiers to Plunder and sweep away things profane and Sacred more than the Vice-Goths did and that the Sees of Lyons and Vienna for several years were deprived of their Bishops the one dying by Military injuries had no Successor and the other was compelled to retire into a Monastery and that to supply the necessities in the Wars with the Barbarous he used the Gold of the Temples and promised when Peace was restored he would repay it manifold But after he had obtained the richest and gloriousest Victories he changed his promise and afflicted Holy Men being mindful of old offences that he expelled Eucherius Bishop of Orleance and Robert Bishop of Rhemes because he said they took part with Ramenfride his Enemy In an Ancient Chronicle (g) Le Rozier Historial de France of France it is said that by the Counsel of the Bishops the Tithes of the Churches were given him to pay his Troops Dupleix saith he banished several Bishops from their Sees and put Lay-men in them the like is repeated by Nicholas Giles and enlarged by (h) Per le conseil des Princes donna bailla aucunes des dismes que tenoyent les â—glise a ses Gens d' Armes Belle forest who saith that by the Council of the Princes he gave certain Tithes which the Churches had to his Men at Arms. With these concurs du Tillet and du Haillan Dupleix (i) Il recompensa la Nobless de partir des dismes du Clergis c. saith that he recompensed his Nobility with part of the Tithes of the Clergy with a promise of Restitution but in this he saith the ingratitude of the Clergy that condemn this is more to be blamed than the enterprize of Charles for was it not good reason saith he that those who besides their cost and charge had so generously hazarded their Lives for the defence of the Church should be rewarded with some small portion of the Revenue thereof Sr. Thomas Ridley (k) View of Civil and Ecclesiastical Laws 1. c. 3. §. 2. hath a long Discourse on this Subject charging
he was by the Bishop of Winchester and several Nobles conducted to Lâ—mbeth which the Queen had caused to be Richly furnished for his Reception After three Days he waited on the King who met him out of his Bed-Chamber bringing a bundle of Letters directed to him lately brought from Rome and with them the Pope sent an (c) Cum eoque Pontisex Facultatum Legati Amplisicationem miserat quae maxime expetebatur Id. p. 27. b. Amplification of his Powers which was greatly desired saith my Author by which expression it is manifest that this Bull was satisfactory The Day after the King gave a visit to the Legat and there they had Conference how the Kingdom of England might be revoked to the Unity of the Church The Cardinals Speech to the Houses The next Day the Cardinal came to the Parliament and Lord High Chancellor made a Speech to the Houses letting them know how the Cardinal was sent as Legat from the Pope to their Majesties and all the Kingdom of England and having explained to their Majesties the Commission of his Legatship in the Audience of all The Cardinal in the English Tongue made a long (d) Has viz. Leges quod illâ— abrogâ—sseâ—t iis sese pro tamo benefiâ—â—o gratiâ—s agâ—â—eâ—eâ— babâ—tuâ—um semper quantas possit maximas atque hoc quidem Beneficium eo sibi contigisse gratius quod facultatem sibi praeberet vicissim illis Inserviâ—â—i intanta re causâ quae tantopere ad eorum incolumitatem sâ—lutem pertineret seque Illuc propterea venisse at quemadmodum ab illis in terrenam patriam nobilitatem Restitutus ipse fuâ—rat ita rursuâ— eos in coelestem Patriam aâ— Nobilitatem Restâ—turet qua ipsimet sese tum privassent cum ab Ecclesiae unitate desciverant Idem p. 27. b. Oration thanking them for the taking off the Laws that hindred him from entring the Kingdom and this favor he â—â—â—d was the more acceptable to him in that it gave him a Power on his part to serve them in such a matter and cause which so greatly appertained to their safety and Salvation That he came thither for that cause that as by them he was restored to his Earthly Country and Nobility so on his part he might restore them to their Heavenly Country and Nobility which they had deprived themselves of when they departed from the Unity of the Church Then he remembred them what Calamities they had undergone how great a Benefit by the great bounty of God was proposed to them and how great benefits in all times especially from the Apostolic See were afforded them that they might at length acknowledge the Errors of former times and truly and from their Souls detest them and exhorted them that with all alacrity of Soul they would receive and studiously retain the benefit that God in the Name of his Vicar by his Legatship had brought to them That it now remained that since he was come and brought the Keys by which he might open the Doors of the Church to them and as they had opened a Passage to him into his Country by abrogating the Laws which shut him out so on the other side he desired they would abolish all Laws which were made against the Apostolic See by which they were wholly cut off and torn from the rest of the Body of the Church While the Legat spoke these things all heard him with great attention and silence and many often lift up their hands that one might observe they were much moved and received no small Edification by the Speech of the Legat. Then the Chancellor in the Name of the King and the whole Parliament gave the Legat thanks and told him that they would deliberate among themselves of those things he had spoken The resolves of the Parliament conformable to the Legats Speech The Legat being withdrawn into the next Chamber the Chancellor made a Speech to the Parliament relating the summ of the Legats Speech and acknowledging that he himself was one of those that had fallen and admonished them how great the benefit of God to them was that all might again arise and exhorted them to receive the pardon offered them At the next meeting the Day after (e) Cum de eo relatum esset ut ad Ecclesiae unitatem rediretur Id omnes mirifica consensione approbarunt all with a wonderful assent yielded to return to the Unity of the Church The Legats appearance at the Parliament on the day of the Reconciliation The Day following being St. Andrews Day the Parliament assembled the King sent the Earl of Arundel High Steward of the House and six other Noblemen Knights of the Garter and as many Bishops to bring him to the Palace where the Houses convened The Legat was Apparelled with the Ornaments accustomed and had all the Ensigns of his Legatship and was received with much Honor by their Majesties The Lord Chancellor declared what was done the day before and asked all present whether they would confirm them and (f) Vt ipsorum nomine venia peteretur ad Ecclesiae vnitatem ac Pont. Rom. supremi ejus capitis obedientiam rediretur Id â—unctis magno clamore assentientibus in their Names that pardon should be asked and whether they would return to the unity of the Church and the Obedience of the Pope Supream head of it To this every one with a great noise assented The Petion of the Houses for Absolution Then the Lord Chancellor delivered their Majesties the Petition of the Houses in which they all declared their Penitence for their by-past Schism and for all things which they had admitted against the Apostolic See and the Church of Rome and they professed as much as in them lay in that very Parliament to disannul all those Laws which were made against the Authority of the Apostolic See and Church of Rome and prayd their (g) Reges ipsos oraebâ—nt utpoâ—e quos Deus ab â—ac labe puros aâ—que Intâ—gros conservasseâ— veniam sibi à Pont. Max. per ejus Lâ—gaâ—um Impetrarent ut in gremium ma ris Ecclesiae taâ—quam Filii reciperentur quos eorum oâ—anium quâ—e in â—llam anâ—eâ— deliquissent vere atque ex animo poeniâ—eret uâ—que ejusdem corpori à quo divulsi fuerant velut Germana viva membra rursus agglutinarentur Majesties whom God had kept pure and whole from that stain to intreat Pardon for them from the Pope by his Legat and that he would receive them as Children into the bosom of the Church repenting them truly and from their Souls of all things wherein they had sinned against it and that he would conjoyn them again as Brotherly and living Members to that Body from which they were torn The Queen desires the Cardinal to grant it When their Majesties had Read this Petition they gave it again to the Lord Chancellor who Reâ—d it aloud that all might hear it
shew their duty by the Canons is to preserve the Goods of the Church and the care of Souls was committed to them and they were apointed Defenders Curators of the goods Jurisdictions and Rights of the said Churches by the dispositin of the Holy Canons Therefore they ought with the remedies of Law to recover to the ancient Right of the Church the Goods Jurisdictions Rights of the Church (q) de perâ—â—â—â— amâ—â—â—a spent or lost in the late pernicious Schism The reasons why they desire their confirmation as preferring public Peace before privat commodity Nevertheless having had among themselves mature counsel and deliberation they do ingenuously confess themselves best able to know how difficult and as it were impossible the recovery of the Goods of the Ecclesiastics would be by reason of the manifest and almost inextricable Contracts and Dispositions had upon them and if those things should be questioned the quiet and tranquility of the Kingdom would be greatly disturbed and the unity of the Catholic Church which by the Piety and Authority of their Majesties was introduced into the Kingdom with greatest difficulty could obtain no due progress or finishing Therefore preferring the public quiet before privat commodities and the health of so many Souls redeemed with the precious Blood of Christ before earthly Goods not seeking their own Profit but the things of Jesus Christ They earnestly request and most humbly supplicate their Majesties in their names to communicate these things to the Legat and vouchsafe to intercede Here note by Goods Bona in the Canon-law all Lands as well as Chattels are comprehended That concerning these Ecclesiastical Goods in part or in whole according to his pleasure and the Faculty and Power given him by the most holy Lord the Pope he would enlarge or set at liberty and relax the detainers of those goods preferring public good before private Peace and Tranquility before Dissolution and Perturbation and the health of Souls before earthly Goods They giving their assents to whatever he should do and that in the premises he would not be strict or difficult The Dispensation of the Cardinal Then follows the Cardinal's Dispensation wherein after the recital of the several breaches of the supplication of the Parliament and the uncanonical things that had been done it is added The reasons laid down why the Cardinal dispenseth c. That as to Ecclesiastical Goods they were seized and possessed by divers persons of the Kingdom which tho' by the Constitutions of the Canons they might be declared void yet if they should be revoked into any other State than in which they then were the public Peace and Quiet of the whole Kingdom would be disturbed and the greatest Confusion would follow especially if the possessors of the same Goods should be molested Therefore the Parliament have humbly supplicated their Majesties that they would vouchsafe to intercede with the Cardinal And whereas the Bishop the Clergy of the Province of Canterbury representing almost the whole body of the Ecclesiastics of the Kingdom to whom the cause of those Ecclesiastic Goods do mostly appertain have declared That these Goods cannot be recalled to the Right of the Church but the universal Peace and Quiet of the Kingdom will be disturbed and the cause of the Faith and the Unity of the Church now by the consent of all introduced into the Kingdom shall be brought into extreme danger and have supplicated c. as before is rehearsed The Cardinal's Authority Therefore We who are sent Legat de latere to your Majesties and this most Noble Kingdom from our most holy Lord Pope Julius III. his and the Apostolic See That we might reconcile the Kingdom which hath so long been separated from the Unity of the Catholic Church to God the Church of Christ and his Vicar upon Earth and should with all study procure all those things which appertain to the Peace and Tranquillity of the Kingdom After by the benignity of God and the Piety of your Majesties by the Authority of the said our most holy Lord the Pope whose Person We here represent the Reconciliation is made That we may take care for the Peace and Tranquillity of the said Kingdom and the Unity of the Church from whence the Salvation of so many Souls redeemed by the precious Blood of Christ depends now introduced into this Kingdom may be strengthened and remain safe The stability of the Reconciliation the Peace consists in the assurance of Abby-Lands And whereas the stability of either of them consists mostly in that no molestation be brought upon the Possessors of Ecclesiastical Goods whereby they may not retain them which so many and such grave Testimonies cause us to believe and the Intercession of your Majesties who have so studiously and holily labored for restoring the Unity of the Church and the Authority of the Apostolic See may have that Authority with us that is fit and that the whole Kingdom may know and in truth and reality experience the Motherly Indulgence of the Apostolic See towards it Absolving and judging to be absolved every one to whom these Writings may appertain from all Excommunications Suspensions Interdicts and other Eâ—clesiastic Sentences Censures and Punishments by Law or by Man upon any occasion or cause whatsoever Pronounced if for the cause aforesaid only they be inflicted And so the Cardinal passeth to the particulars in the Supplication And lastly as to the Ecclesiastic Goods adds these words The words of the Dispensation and confirmation of Abby-lands notwithstanding Canons and constitutions c. to the contrary And to whatever person of this Kingdom to whose hands Ecclesiastic Goods by whatever contract either Lucrative or Onerose they have come or they have held or do hold them and all the Fruits tho' unduly received of them in the whole he doth remit and release Willing and decernning that the Possessors aforesaid of the said Ecclesiastic Goods Moveable and Immoveable may not at present or for the future by the Dispositions of General or Provincial Councils or the Decretal Epistles of Roman Bishops or any other Ecclesiastic Censure be molested disquieted or disturbed in the said Goods or the Possession of them nor that any Ecclesiastic Censures or Punishment be Imposed or Inflicted for the detention and Non-Restitution of the same and so by all kind of Judges and Auditors it ought to be adjudged and defined taking from them all kind of Faculty and Authority of Judging otherwise and decerning it to be Null and void if any thing happen to be attempted to the contrary Notwithstanding the foresaid defects or whatever Apostolic Special or General Constitutions and Ordinances Published in Provincial and Synodal Councils to the contrary An Admonition to those that do hold the Goods of the Church and an exhortation to allow maintenance to Parish Parsons and Vicars Then follows the Admonition that tho' all the Moveable things of the Churches were
indistinctly released to those that possess them yet he would Admonish them that having before their Eyes the severity of the Divine Judgment against Balthazar King of Babylon who converted to prophane uses the Holy Vessels not by him but by his Father taken from the Temple if they be extant they will restore them to their proper Churches or to others The meaning of which I have before explained Then follows Exhorting also and by the Bowels of the Mercy of Jesus Christ vehemently intreating all those to whom this matter appertains that not being altogether unmindful of their Salvation at least they will do this that out of the Ecclesiastical Goods principally of those which were specially destined for the support of Parsonages and Vicarages that in Cathedrals and other Inferior Churches now in being it may be so provided for them that have the care of Souls that their Pastors Parsons and Vicars may Commodiously and Honestly according to their Quality and State be maintained whereby they may Laudably exercise the Cure of Souls and support the Incumbent Burthens This is Dated at Lambeth 9th of the Kalends of January the 5th of Pope Julius the third Then follows in the same Act the Confirmation of all these in the most General Comprehensive and particular words that the Wisdom of that Age could devise to Comprehend all the Religious Houses Colleges Chantries Hospitals Guilds Fraternities Obits c. so Alienated The Caution used in securing the Lands not to be doubted It is not to be doubted but our Ancestors who had so lately acquired those Abby-lands and were in much more eminent danger of a Resumption than we are in this Age would be as cautious to have these Confirmed to them by all the Laws Ecclesiastical and Civil as could be contrived for their firm security And that the Legats Absolution and Remission were sufficient according to the Canon Law will not be denyed by any who hold the Authority of the Pope in such matters since the Pope Conferred upon the Cardinal his own Power to do in that affair as much as if he had been Personally present he could have done sine in one place it is expressed that the Legat acted by the (Å¿) Per Autoritatem Sacratissimi Domini nostri Papae cujus vices sustinemus Authority of the most Holy Lord the Pope whose Person Character or Power he hath for the word Vices Implys that he was his Compleat Substitute to do as much as he could do and in another place of the same Absolution he expresseth his Powers thus by (t) Authoritate Apostolica per literas c. nobis concessas qua fungimur in haec parte Apostolic Authority by the Letters of our most Holy Lord the Pope Julius the third granted to us and with which Authority we are impowered in this particular Whoever considers this Act and attentively will peruse it as it is Printed in our Statutes or is upon Record in the Roll must conclude it had all the Authority that either an Act of Parliament in England or a Constitution of the Pope by his Bull can give it and I hope I have sufficiently cleared it that by the Canon Law and continual Practice of the Pope he hath a full Power to Establish and make valid what he did in this particular SECT IX The Exceptions against this Assurance of Abby-lands to the Possessors that it was not confirmed by Pope Paul the 4th fully Answered YOU are pleased to endeavor to Invalidate the force of this Spiritual and Temporal Act Pietro Soave's Assertion that Pope Paul the 4th did not confirm Abby-lands by producing the Opinion and assertions of Father Pietro Soave Polano in his Council of Trent and one or two Gentlemens whose Sentiments you so zealously have embraced The words of Soave (a) Fol. 367. are thus rendred into English by Sir Nathaniel Brent John Peter Caraffa by the Name of Paulus 4us being Created Pope 1555. On the first Day of his Papacy the English Ambassadors from King Philip and Queen Mary entred Rome viz. The (b) Hist Reformation part 2. fol. 300. Viscount Montacute the Bishop of Ely and Sir Edward Carn there being one to Represent every State of the Kingdom sent to make their Obedience to the Pope and to obtain a Confirmation of all those Graces Cardinal Pool had granted in the Popes Name saith Dr. Burnet At the first Consistory after the (c) Idem Soave The Popes Reception of the Ambassadors from Queen Mary Coronations the Ambassadors were brought to it who prostrating themselves at the Popes Feet did in the Name of the Kingdom acknowledg the faults committed relating them all in particular for so the Pope would have it Confessing they had been ungrateful for the many benefits received from the Church and humbly craving Pardon for it The Pope did Pardon them took them up from the ground and Embraced them and to Honor their Majesties that sent them gave the Title of a Kingdom to Ireland In private Discourse saith our Author His reprehension of the proceedings in England betwixt the Pope and the Ambassadors he found fault that the Church Goods were not wholly restored saying that by no means it was to be Tolerated and that it was necessary to render all even to a Far thing because that the things that belong to God can never be applyed to Human uses and he that witholdeth the least part of them is in continual State of Damnation That if he had Power to grant them he would do it most readily for his Fatherly Affection which he beareth them and for his experience of their Filial Obedience (d) Mr. Fox saith the Pope published a Bull in Print against the restoring Abby-lands which Dr. Burnet affirms also Appendix fol. 403. but his Authority was not so large as he might prophane the things Dedicated to God and let England be assured that this would be an Anathema and a Contagion which by the just Revenge of God would always hold the Kingdom of England in perpetual Infelicity and he charged the Ambassadors to Write thereof Immediately and was not content to speak of it once but repeated it as often as there was occasion and said also plainly that Peter Pence ought to be payd as soon as might be Thus far Soave In Answer to this Cardinal (e) Lib. 13. c. 13. Cardinai Palivicino's Assertion about the confirming Religious Lands Palivicino after his Discourse of the business of the Kingdom of Ireland as to the Restitution of the Ecclesiastic Goods in England saith because in that Kingdom during the time of the Schism most grieveus Usurpation of Church-lands had been made as he had before related some by private persons others by the Crown Those were with great Liberality restored by the Queen But concerning the others i. e. those in the Subjects Possessions it was Judged profitable to use condescention lest with a pay of so great Interest they
VIII of famous Memory and several other persons there particularly named sold to the same Sir William Peters Mannors Lordships Advowsons Lands c. belonging to Monasteries particularly also named as appeared by Instruments and public proofs Documenta publica And afterwards our beloved Son Reginald Deacon of St. Mary in Cosmedon called Cardinal Pool Legat de Latere in England of Us and the aforesaid See being authorized to that matter with sufficient power by the Letters of the said See as appears in his Commission And afterwards we generally under certain words expressed in mode and form have (n) (n) By this clause the Bull mentioned in the Journal of the House of Commons must be understood approved and confirmed the Sales Gifts and Exchanges and Grants made to and by him and added to them strength of assurance or firmness as in our Letters made thereupon is said more fully to be contained However as the said Petition subjoyned expresseth the same Sir William who as he affirms is ready to assign and demise the said Rectories to Spiritual Uses desires to have all the Sales Gifts and Grants made to him of those things and all the things in the said Instruments and Documents contained for the better caution specially and expresly to be approved and confirmed And besides hath humbly supplicated to Us That of Apostolical Benignity we would vouchsafe to provide for the Indemnity and Quiet of him and his The Pope's Dispensation and Absolution from Ecclesiastical Censures Therefore We who admit to the favor of our audience the prayers of those devoted to Us and Our foresaid See quit the said Will. from all Excommunications Suspensions Interdicts and other Ecclesiastic Sentences Censures and Punishments either by Law or from any man upon any occasion or cause produced if he be by any of them any ways tied in consequence of any effect of these presents only by the tenor of these presents absolving him and judging him to be absolved Being inclined by those supplications by Apostolical Authority by these presents do perpetually approve and confirm all the Sales Grants and Gifts aforesaid likewise all the Receipts and Procurements of the Possessions and the retaining of them and as they concern them all each singular other matters in all the Instruments Documents and other Writings and things contained in the foresaid Letters of the said Reginald the Cardinal and to them do add the strength of a perpetual and inviolable firmness supplying all and singular defects of Law or Fact necessary to be expressed if by chance any happen to intervene in them and decerning them inviolably to be established without any scruple of conscience as also by the said William Peters and Bishops Chapters Abbots Priors Prioresses and Convents and others which these any way concern or may concern for the future according to the tenor of the Sales Grants and other Dispositions made upon them in all things and by all means perpetually to be observed and so to be judged and ought to be defined by all Judges and Ecclesiastical and Secular Comissaries enjoying any Authority taking from them and every of them every Faculty and Authority of Judging and Interpreting other ways and making it void and null if upon the premises by any one by any Authority knowingly or ignorantly it happen to be attempted The Pope's Command to Bishops to defend Sir Will. Peters Right Wherefore by Apostolic Writ We command Our Venerable Brothers the Bishops of London Exeter and Pisauria that two or one of them or by another or others these present Letters and whatever is contained in them when and where there is need and so often on the part of William Peters and the Heirs aforesaid or any of them it be required solemnly to publish and assisting them in the premisses with maintenance of an effectual Defence by Our Authority they perform it to make them and every of them enjoy them peaceably not permitting any of them by the Bishops Chapters No Religious to molest him Abbots Priors Prioresses or Convents or any other contrary to the tenor of these presents in any wise to be molested vexed or disturbed inflicting upon all contradicters and Rebels by Ecclesiastical Censures and Money-mulct at their pleasure punishments to be applied and by other opportune remedies quieting them postponing all Appeals and by repeated instances aggravating and if need be calling in to this purpose the aid of the Secular Arm. The Clause of Non obstante Notwithstanding any heretofore sent Apostolic Constitutions and Ordinances of what Kind soever or by what other firmness corroborated Statutes and Customs contrary thereto whatsoever or if it be indulged from the said See to Bishops Abbots Priors Prioresses or by any other in common or separately that they may not be Interdicted Suspended or Excommunicated by Apostolical Letters not making full and express mention word by word of the said Indulgence Therefore it shall not be lawful for any man whatsoeever to infringe or contradict by any rash attempt this writing of ours of Absolution Approbation Adjection Supplement and Command If any therefore presume to attempt this let him know that he shall incur the Indignation of the Omnipotent God and of the Holy Apostles Peter and Paul. Dated at Rome at St. Peters the Year of the Incarnation of the Lord 1555. the 4th of the Kalends of December the first Year of our Pontificate 2 and 3 Philip and Mary Subsigned Beltradus Observations from this Bull. From this Bull we may learn there was a General Confirmation by Pope Paul the 4th of Cardinal Pools Assurance of Abby-lands and it is as certain as any thing can be to one that hath not seen that Bull which was sent to Absolve the whole Kingdom that it was as full in the same or such like expressions as are usual in Alienation of Church-lands Dispensations or Absolutions as were requisite or the desire of the Interessed persons security could expect since we find by this to a particular person what care was taken about securing them In further confirmation of this give me leave to acquaint you what * I must own the favor of Dr. Bernard for the loan of this rare Book Andreas Duditius Writes on this Subject whose Testimony is the more Authentic in that he not only Translated out of Italian (i) In praefatione Libri de vitâ Cardinalis Poli Imp. Venetiis 1563. into Latin the Life of Cardinal Pool Writ by Becatellus Arch-bishop of Ragusa but added several things of his own knowledg and by the Information of John Baptista Binardus who were both with the Cardinal in England His words The 3d. proof I render thus into English He viz. the Cardinal omitting nothing which might conduce to the compleat restoring of Piety and the repair of the Ruins of the Church made in late times Dealt with the Queen (k) Illud etiam agere cum Regina Institit ut qua Bona Henricus Pater Ecclesiae
per vim adempta ad Regia Vectigalia adjunxerat ac Regii omnino Juris possessionisque esse Decreverat ipsa Ecclesiae redderet pa. 32. B. All our Authors say that the Queen her self first designed this Restitution that she should restore to the Church the Goods which Henry her Father by force had taken from it and had Annexed to the Revenue of the Crown and had Enacted them to be the Rights and Possessions of the Crown Concerning this he sent an Exhortation to the Queen excellently penned Nor did the Queen suffer her self long to be intreated but lâ—ying aside all delay dismissed all and permitted them to be disposed of at the Will of the Roman Bishop and his Legat. Which Goods Pool having first deliberated the matter with the Bishops so appointed and distributed to every Church as might be most expedient to encrease the Worship of God and Establish the Ecclesiastic State and these were said to be almost the half of the Fruits This was much less than our Author mentions which in the former more flourishing times the Ecclesiastics had received Now mark what follows But (l) Ac ne qua Turba excitaretur placuit consentiente Pontifice nihil de reliquis bonis quaeri quae passim multi possidebant sed liberum omnibus relinqui id agere quod quisque vellet Id. pa. 32. B. least troubles might be raised it pleased the Cardinal the Pope consenting that nothing of the rest of the Goods viz. Moveable and Immoveable should be enquired after But to be left at Liberty to all to do with them what every one willed The 4th proof The whole matter further appears in the Decrees of the Cardinal for the Reformation of England Anno 1556. for in the 10th Decree wherein any future Alienation of Church-lands is prohibited this exception is annexed in these words (m) Exceptis ta men semper iis quas circa bona Ecclesiastica ante ab Ecclesiis ablata Jam Autoritate Apostolica constituta sunt Quibus per hoc nullo modo derogari Volumus Labbei concil Tom. 14. fol. 1753. Those things always excepted which concerning Ecclesiastic Goods before time taken from the Church by Apostolic Authority now are constituted from which by this Decree they viz. the Cardinal and the Clergy met to appoint these Decrees will no ways derogate SECT X. The Application of what hath been offered towards the Assurance of Abby lands to the present Possesors I know nothing can rationally be urged now against the security Objecti ∣ on but that either the Pope hath no such Power of dispensing with what is obtained by Intrusion or that what one Pope doth another Succeeding Pope may disannul especially where so great concerns of the Church may invite to it As to the first Answer ∣ ed whatever Opinion hath been or is held by some of the Popes want of Power to dispense it is most evident that de facto for many 100 of Years they do and have dispensed with Canons c. and such Dispensation is looked upon by all of the Roman Catholic Communion to secure not only their Title in all Ecclesiastical Courts but likewise it removes all scruples of Conscience I shall give you the resolution as to this particular of an Author (a) Rebufâ—us dâ— pacifâ—â—â—â— poâ—sâ—â—â—orâ—â—â— fol. 2 9. 〈◊〉 256. beyond exception The question he proposeth thus Quid si violentus petit à Papa sibi confirmari Beneficium per vim obtentum Papa hoc facit postea possidet per triennium ultra an posset molestari After he hath argued in the negative he thus determins it Quod si Papa ex certa scientiâ de novo concederet Invasori expressa habita mentione Intrusionis violentiae videtur illam violentiam remittere de novo conferre nec obstat quod violentus semper potest molestari Verum est says he non purgatâ violentiâ Sed hic purgavit violentiam Impetrando à Papa ergo non amplius dicitur violentus nec Intrusus quod notandum The summ of which is that it being questioned whether a violent Possessor of Church-lands A violent Intruder may be dispensed with by the Pope desiring of the Pope to confirm him in his Benefices obtained by force and the Pope do it and after the Intruder Possess it for three Years or more whether such an one can be molested viz. Ejected by course of Law His answer is that if the Pope on his certain knowledg grant the same anew to the Intruder and violent Possessor it seems the violence is remitted and the thing is granted anew Neither saith he doth the General Rule hold good in this case that the violent Intruder may always be molested For that is only true where the violence is not purged but here the violence is purged by obtaining the Popes Grant therefore he is no more to be called a violent Possessor or Intruder which saith he is to be noted By this you see a dispensing Power is owned I know this is spoken of Church Livings Possessed by Church Men Objecti ∣ on but here you will say are Church Lands Possessed by Lay men which extreamly alters the case In Answer to which Answer all that I have in the last two Sections discoursed proves it as applicable to our case for if the Popes Authority be good in any case where the necessity of the matter was so urgent in the Opinion of his Holiness and all Roman Catholics that the Reconciliation to the Roman Catholic Church was to be preferred before the comparatively few Religious enjoying their Possessions I suppose it is good here How much in all cases the public is to be preferred before the private appears in the resolution given by a Learned (b) Joachemi Mynsingeri Comment in Instit Lib. 2. Tit. 16. de usucaptions n. 20. Civilian thus we are to know saith he that there is a Superior Law that the public Society of Men be conserved and it is an Inferior Law that right shall be done to every one When this Infeior Law therefore cannot be preserved without the violation of the Superior the Inferior Law is neglected that the Superior may be fulfilled viz. that the public good and tranquility be conserved and there be an end of strife So in another case the forecited (c) De pacificis possessionibus fol. 217. n. 31. Rebuffus saith this is Introduced for public good lest suits about Benefices should be Immortal and for the ease of the Subject lest he should Eternally doubt of his right Alcuin's Opinion rather to dispense with payment Tithes than hinder Pagans to turn Christians This calls to mind what Alcuin the great English Dr. and Chaplain to Charles the Great writes to him concerning the Hunns and Saxons who being Conquered by the Emperor had lately received the Christian Faith Alcuin there adviseth the Emperor that it were better for the benefit of the Christian Faith not to