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A20775
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A discourse of the state ecclesiasticall of this kingdome, in relation to the civill Considered vnder three conclusions. With a digression discussing some ordinary exceptions against ecclesiasticall officers. By C.D.
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Downing, Calubyte, 1606-1644.
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1632
(1632)
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STC 7156; ESTC S109839
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68,091
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106
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for him to get began to practise the like domineering humour upon the other Potentates of Christendome sending his letters of claime to the Kings of France England Scotland Denmarke Poland Hungarie But being opposed by Philip le Beau King of France hee did flie backe to the Emperour for succour who then was Albertus the first Emperour of the house of Austria for though his father was Emperour yet hee was not of the house of Austria neither of the old Marquesses nor late Dukes but Earle of Hansburg who had conquered the Dukedome of Austria for his sonne This Boniface the Spaniard first began the faction betwixt the Kingdome of France and the house of Austria by giving the Kingdome of France to Albertus These two better agreed then any because the Pope had taken off the Emperour from seeking his owne right in Italie by imploying him as his champion to enlarge his dominion in other Kingdomes and partly because the Emperour had good hope to continue the Empire in his familie as it hath neere foure hundred yeares From which time the Emperours and Popes disagreements were not so frequent but onely when some French favourers were Popes and they sate at Avinion as Clement the fifth with Henry the seaventh and during the times of the Councels of Constance and Basill But by reason of the schismes in the Roman See they did one another neither much good nor harme vntill the time of Alexander the sixth a Spaniard who was exactly ambitious a great lover of his countrie and one that did much for it Anonymus Hisp in vita Alex. For hee joyned with Ferdinand the first Catholick King helping him to subdue Spaine and therefore first brought in the Inquisition Contra los Iudios y mores que le aviantornado Christianos which Caranza Arch-bishop of Toledo saith Ferdinand conceived himselfe bound in conscience to vse by vertue of an oath taken with an imprecation by one of his predecessours in the fourth Councell of Toledo Baronius Annal An. 637. which Baronius so much commends This Pope also bestowed vpon him the then discovered Indies with many other favours and for his sake and in opposition to the French hee was as fast a friend to the House of Austria as his deepe dissimulation would suffer him Philip. Cominoeus lib. 8. and the rather because they had lately matched with the House of Burgundie which much weakned the French force and strengthned their factions Thuanus hist. lib. 4. But then most when Philip the heire of the House of Austria and Burgundie incorporated himselfe with Spaine So that I will conclude these things considered that this forme is onely safe and convenient for those kingdomes that propose conquests and can rule it as the protectors of it § 5. So then seeing this Clergie is not for vs I will consider of the other which for distinct proceeding we may call Democraticall When the three Prime Potentates of Christendome were Charles the fifth Henry the eighth Francis the first such as deserved and desired to haue all the soveraigne power that could of right belong vnto them and yet were contrariwise vsurped vpon and deprived of all their eminent supremacie in those things that most concerned them perceiving some beginning to question the Pope a course of relieving themselues they began to vrge a Councell for reformation not onely in doctrine and manners but also in point of Ecclesiasticall government But it was so long vrged by them to no purpose that Henry the eigth advisedly wrote to the other That seeing the Pope had so long put it off Histo Trid. and now intended to hold it within his owne territories it were the best course for every one to reforme his owne Kingdome and he did so with the advise consent and desire of the Church and Statâ— representatiue No sooner was a reformation in any degree setled but presently it was excepted against by some that favoured the Church of Geneva as not fully reformed because not agreeing with their new neat platforme that was vrged vpoÌ„ vs as the only Apostolical government of the Church But I marvell how such an exact government should be so suddenly framed or else which is more strange that they could so conceale their happy invention as that Francis the first a King of France that searched into his government as much as any should not know of it For I am very much deceived if hee had not beene much mistaken knowing of this project to desire the Councell might be held at Geneva being it was Diametrically opposite to the Romane But our State had no reason to receiue it Hist Trid. For though it was necessary not onely in reason of State but also out of conscience that after we perceived the indisposition of the Romane Clergie to reforme themselues which they seem to hold impossible For though every Cardinall takes an oath in the vacancie yet it cannot binde him when he is Pope wee should then performe our duty especially seeing it stood with the publick good Yet neither of these considerations did engage vs to accept of such a forme of Clergie as seemed to runne a cleane contrary course seeing we propounded not an innovation but a reformatioa that being as dangerous as this was necessary it could not here be entertained without an vniversall innovation Now all stirring changes are dangerous especially when the body of the common-wealth is full of diseased discontented humours Because all alteration sets the humours a working and one humour being a-foote stirs vp all the rest either alluring by sympathie or provoking by antipathy and when they are once a-foote it is to be feared that they will not onely disburthen the body of malignant oppressing cruâ—â—ties but weaken it in the most principall parts causing it to receiue a disposition to the like distemper vpon every small distaste But it is most dangerous to innovate in that part of a common-wealth that is most essentially actiue and hath beene lately recovered especially if the matter proposed doe minister any cause of relapse Both which seem too true in this new discipline which gaue an occasion to the Clergie to revolt in the denying the supremacie which they lately acknowledged And being a forraine French devise might seeme to come within the compasse of a praemunire for intrusion as well as that of the Church of Rome for vsurpation But this was only propounded not brought in and that by men who were by some beleeved to be faithfull to our State And it may be they had no dangerous aime in it yet it would haue beene very dangerous for our kingdome since it did necessarily induce an alteration in the profession and practise of the lawes which by reason of their long vse are as it were naturalized into the manners and disposition of our nation 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Arist Rhetor. l. 2. cap 11. It must necessarily haue conferred ruines vpon our schooles of learning and hospitals
they were granted against the law of God and nature not onely besides it there are some revoked by the same power that granted them as Innocent the third in the fourth Councell of Laterane And in this particular Kingdome Henry the fourth made many statutes to restraine those priviledges granted to the Friers 4. Hen. 4. c. 7. especially providing that none should haue any de novo but that which proues them void in this Kingdome is that not onely the particular persons but also their whole societies are dissolved and distroyed and so they are expired and extinguished with them Bartolus in D. Q. Sodales tit 24. Idem ibidem Destructo Collegio pereunt privilegia especially when their revenewes are confiscate non privilegiatus praescriptione non succedat privilegiato But when other meanes began to be restrained they procured appropriations and annexions of benefices presentatiue not onely in point of patronage but also they tooke the whole due without discharging any of the duty which last and worst pretense I will not deny but the wit of man may make it plausible yet I am sure it will never bee pleasing to the will of God Monkes and Friars were the authors of these immunities and appropriations to omit customes and prescriptions because they doe not so much wrong and haue more ground of right I doe not accuse the Monkes who lived in the first fiue hundred yeares after Christ who lived holy and laboured in their callings and had no such priviledges Neither doe I condemne Benedict who was the father and first founder of all that professed a regular life in a sequestred cloyster in the Western Church Hospinianus de origine Monaâ—hat For he had good reason so to doe considering the tumults and many broiles that fell out vnder the government of Iustinian by reason of the continuall incursions of the barbarous nations into Italy But when he was thus shut vp many resorted vnto him admiring his devotion at last they tooke rules from him and grew into a fraternitie of the Benedictines and from them sprang many other orders who living a life far different from other men bred great wonderment in all and that admiration procured adoration of their profession made those that were able bestow great revenewes vpon them Yea they did so dote vpon them that after a while they endowed them if not with the greatest yet I am sure the best and fattest part of their Countryes insomuch that most of the most pious Princes of Christendome were forced to make a statute of Mortmaine like Moses Exo. who made the first statute of Mortmaine for these revenewes which they possessed were in a dead hand that did no good to the Common-wealth Whence we may obserue that this statute was rather for the benefit of the Common-wealth then made out of the dislike of the Church meanes especially since these Friers were not of the Clergie but meere Lay-men and the Clergy had as much reason to desire a law for Amortization as the Common-wealth because as they had conferred lands and goods vpon them for not onely Princes but Popes were taken with admiration of them so they were also more charged with the publique and had lesse meanes And this statute gaue the occasion to them to procure priviledges and immunities from payment of tithes For though at first for a time they came to their Parish Churches yet when they procured to haue Churches or Chappels of ease for their fraternities then they obtained under Alexander the third in the Laterane Councell when hee condemned prescription Duaâ— nef lâ— to be confirmed priviledged from payment of tithes of those lands which they tilled themselues when as Adrian the fourth our country-man his immediate predecessor had revoked or restrained the immunities granted to them by Paschall the second Flavius Chen Compend Bulla tom 1. Paschal But when Innocent the third who loved to bee doing and vndoing restrained the grant of Alexander the third which they perceived did much prejudice their plentifull profit they procured dispensations from the Pope to haue parsonages appropriate to their houses in more great abundance For I deny not but some were annexed before as to the Abbey of Crowland and others yet these were granted more by the Popes licence then the Princes authoritie And then began the Schoolmen to entangle the right of tithes and their curiositie and their covetousnesse enabled them and put them vpon it for when vnder Innocent the third they multiplyed into multitude as there were sixteene orders set vp in that Century and hee limited and lessened their revenewes they sought to maintaine that by right which before they had obtained by wrong and retained by protection and priviledge Then began the contention betweene the Schoolmen and the Cannonists about the right of tithes and I conceiue Innocent the third to be of the Canonists part because he was the first great advancer of them in the Church and no free friend to the Friars This I haue conceived by comparing Church histories with the Cannon law especially Decretalls these wrongs of the Clergie were so brought in and vpheld so continued in our Kingdome till Henry the eighth of famous memorie who either intending a reformation in religion seised vpon the revenues of religious houses or ayming at their revenewes set vpon rather then finished a reformation confiscated them to his vse as escheated as their lands were and seises vpon their appropriations which were not theirs but morgaged as it were in commendam to them and he possessed the Crowne of them and sold them to private men which hold them by as much right as the Monasteries did no better Though some would willingly perswade themselues that they hold them by as right and just law as they doe any purchased inheritance for they say though they were once spirituall yet now they are made temporall lay-fees by the lawes of dissolution especially in the two and thirtieth of Henry the eighth It is true that those statutes apply diverse law termes I will not call them meere law fictions to those things that properly belong to temporall inheritances and haue made them demandable by originall writs and given order of conveyance by deed fine and act of Parliament which act as it is bootelesse so it is contumacie in any private subject to question onely thus much I hope I may say without generall offence since I conceiue it the truth and yet not all the truth I doe not yet vnderstand how that can bee made manifest to bee a free Parliament in that point For I doe not beleeue that the lower House did either propose or generally approue it though they assented to it Neither doe I thinke that King Henry the eight did freely propound it out of his owne choyce but that the necessity of the present time did put him vpon it And I hope he intended to call it in if hee had lived As