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A45227 A seasonable vindication of the supream authority and jurisdiction of Christian kings, lords, parliaments, as well over the possessions as persons of delinquent prelates and churchmen, or, An antient disputation of the famous Bohemian martyr John Hus, in justification of John Wickliffs 17 article proving by 43 arguments taken out of fathers, canonists, school-men, the supream authority and jurisidiction of princes, parliaments, temporal lords, and other lay-men, who have endowed the church with temporalities, to take away and alien the temporal lands and possessions of delinquent bishops, abbots and church-men, by way of medicine or punishment, without any sacrilege, impiety or injustice : transcribed out of the printed works of Iohn Hus, and Mr. Iohn Fox his acts and monuments printed London 1641, vol. I, p. 585, &c : with an additional appendix thereunto of proofs and domestick presidents in all ages, usefull for present and future times / by William Prynne ...; Determinatio de ablatione temporalium a clericis. English Hus, Jan, 1369?-1415.; Foxe, John, 1516-1587. Actes and monuments.; Prynne, William, 1600-1669. 1660 (1660) Wing H3802; ESTC R8509 98,591 126

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Archbishoprick at Litckfield took away six Bishopricks formerly subject to the See of Canterbury and detained the Lands above thirty years till at last restored by the judgement of two or three Parliamentary Great Councils after many Petitions and Complaints upon full hearing and examination Stigand Archbishop of Canterbury for refusing to Crown King William the Conqueror and holding the Bishoprick of Winchester in Commendam with his Archbishoprick together with many other Bishops and Abbots was deprived by the Kings procurement and kept Prisoner at VVinchester during his life receiving only a small allowance out of the Exchequer to support him dying in Prison his Bishoprick remained void two years space in the Kings hands no lesse than twenty five Manors being taken away from it till recovered by ● ansraue his Successor in a famous Council of the Noble and Elders of England held at Penindene King VVilliam Rufus banished Anselme Archbishop of Canterbury out of the Realm for Treason against him and his Soveraign Power and seised his Temporalties till his death after which King Henry the first recalling him he most trayterously and obstinately oppugned the Kings Prerogative of investing Bishops in their Bishopricks by a Ring and Pastoral-slast and refusing to do homage to the King or to consecrate any Bishops who received Investitures from him or did Homage to him for which he was banished for three years out of the Realm all his Temporalties and Goods moveable and immoveable seised into the Kings hands with the Temporalties Goods of those Bishops who renounced their Investistures by the Kings donation by Anselmes perswasion King Stephen seised all the Goods and Temporalties of Theobuld Archbishop of Canterbury and banished him the Realm for departing out of England to Rome upon the Popes summons contrary to his expresse royal Prohibition and for interdicting the King and whole Realm After which being restored to his Archbishoprick by the other Bishops mediation his Goods and Temporalties were again consiscated and seised into the Kings hands Anno 1152. for refusing to Crown Eustace King Stephens Son he forced to flye the Realm which he caused to be infested with fire sword and bloudy wars Thomas B●cket Archbishop of Canterbury an infamous perjured Traytor to and Rebel against King Henry the second his advancer and indulgent Soveraign grand Oppugner of his Royal Prerogatives and of the Customs of the Realm contrary to the Oath and Recognition of himself and all the Bishops Clergy and Temporal Lords in the famous Great Council of Clarindon endeavouring totally to exempt the Clergy from all Temporal power jurisdiction and judicature for the most detestable Crimes and Murders had all his Goods and Moveables by judgment of the Bishops and Peers condemned and confiscated to the King his Temporalties seised into the hands all his Moneys Jewels Plate confiscated together with all the Clergy-men goods who adhered to him all his Kindred Man Woman and Child secured and afterwards banished the Realm together with himself for sundry years and was at last slain in the Cathedral Church at Canterbury for his manifold Treasons Rebellions against the King to the great disturbauce both of the Churches and Kingdoms peace King Iohn An. 1205. seised upon all Archbp. Huberts Lands and Possessions after his death for his manifold Contempts and Oppositions against his Royal authoritie and resolutions during his life Stephen Langhton his next Successor in the Archiepiscopal See of Canterbury for his manifold Treasons and Rebellions against King John had all his Temporalties and Goods seised by the King and was suspended from his Archbishoprick and threatned to be deprived of it by the Pope Archbishop Boniface being commanded by King Henry the third to relinquish his Archbishoprick and depart the Realm by reason of the grievous Complaints both of the Clergy and Commonalty against him thereupon selled his Woods leased out his Lands extorted what moneys he could from his Tenants and carried all with him in to Savoy where he dyed King Edward the first Anno 1301. put Robert Winchelsie Archbishop of Canterbury with all the other Bishops and Clergy out of his Protection and the Parliament House and seised the Archbishops Temporalties Goods Debts After which divers High Treasons and Rebellious Conspiracies were laid to his Charge by the King who thereupon the second time seised all his Temporalties and Goods moveable and immoveable appealed him to the Pope banished him the Realm forbidding any of his Subjects under grievous penalties to harbour him and seised all the Lands of the Monks of Canterbury and banished them the Realm for furnishing this Arch-traytor secretly with necessaries King Edward the second caused all the Goods of Iohn Stratford Archbishop of Canterbury to be seised and his Temporalties to be sequestred into his hands whiles Bishop of Winchester for taking that Bishoprick by Provision from the Pope against his Royal command After which being advanced to Canterbury by King Edward the third he was soon after accused of Treason Treachery and Conspiracy with the French and Pope against the King whose designs against them he crossed all he could whereupon the King resolved to commit him Prisoner to the Tower of London whither he sent the Bishop of Chichesier then Lord Chancellor and the Bishop of Lichfi●ld then L. Treasurer Prisoners for the like offences Wherupon this Archbp. flying to Canterbury and there standing on his Gard refused to render himself carrying himself very insolently and rebelliously against the King both in his Sermons and Excommunication saying That he had received no honor nor advancement from the King but ONLY FROM GOD and that he would give an account of his Actions in no. Court and to no Person but in Parliament Whereupon a Parliament was summoned and divers hainous Crimes charged against him by the King which the King after great suit and intreaty pardoned Simon Langham Archbishop of Canterbury Chancellor of England Anno 1371. was put from his Office his Temporalties seised and stripped of all his Archiepiscopal ensigns for receiving from Pope Vrban the Cardinalship of St. Sixtus without King Edward the third his privity who was highly offended with him for it Anno 1386. Simon Sudbury Archbishop of Canterbury in the insurrection of Iack Straw was beheaded on Tower-Hill his Head fixed on a Poll and set on London Bridge as a Traytor and Enemy to the King and People King Rich. the 2d highly offended with Will. Courtney Archbishop of Canterbury for receiving his Archbishoprick by provision from the Pope against the Law and his Prerogative Royal and for other Misdemeanours commanded all his Goods and Temporalties to be seised and forced the Archbishop himself to hide his Head for fear of imprisonment till he made his peace with him Thomas Arundel Archbishop of Canterbury was impeached and condemned of High Treason against the King in the Parliament of 21 Rich. 2. by judgement of Parliament for which he was
fidelium Eleemosyuls reaedificare non segniter insudaret Fernotus miles Dominus de Bosworth dictum manerium de Northburt datum fuisse de progenitoribus ejus monasterio sanctae Pegae monachis ibidem Deo servientibus ex Abbatis propriis chirographis patenter ostendit Unde consequenter allegavit quod cum Deo sanctae Pegae Abbas Wulgatus monachi sui à modo ibidem non servirent dictum manerium à modo non haberent Acceptatum est hoc à Regis justitiario confestim adjudicatum est dictum manerium de Northburt cum omnibus suis pertinentiis praedicto militi Fernoto tanquam jus suum haereditarium de monachis Ecclesiae sanctae Pegae alienatum perpetuò sublatum Quod cum per universum Regnum citius fuisset cognitum scilicet Abbatem de Peikirk prius amisisse monasterium suum consequenter manerium ad monasterium quondam pertinens similiter Edmerus miles Dominus de Holbrok calumniam movit contra eundem Abbatem monachos suos de manerio suo de Makley Horsingus de Wathe calumniatus est pro manerio suo de Badington Siwardus Comes de manerio suo de Bernack Hugolonus thesaurarius de manerio de Helieston alii plures de aliis maneriis dicto monasterio dudum pertinentibus omnes eadem ratione in dicta causa contra monachos obtinuerunt tam de maneriis quam de monasterio suo dictus Abbas de Peikirk monachi sui nequiter ac crudeliter ejecti sunt ut nunquam alicui veniat damnum solum Cum itaque Abbas Wulgatus conventus suus monachi scilicet 18. sic de monasterio destituti vagabundi in proximo dispergendi in omnem ventum pro extrema miseria fluctuarent misertus eorum piissimus rex Edwardus omnes in suam curiam suscepit usquequo eis provideret suam capellam ac aulam quotidie frequentare imperavit If then Lands formerly dedicated to God and Monasterial Churches may thus be taken away and recovered from them by Law without sacriledge or injustice they may by like reason upon most occasions be alienated and taken from them by the King Parliament and Temporal Lords Gualther Mapes and Mr. Cambden out of him inform us that in King Edward the Confessors reign Godwin Earl of Kent having a design to gain the Manor of Barkley in Gloucester-shire to himself belonging to a Nunnery there situated where the Castle now stands passing by the Nonnery left his Nephew a very beautifull and elegant young man in the Nunnery who lodged therein so long under pretext of sickness that with his costly Gifts Beauty and Courtship he so far corrupted the chastity of the Abbesse and Nuns who attended him by turns that he begat and left them all great with childe and turned these lambs into Wolves After which posting thence to Earl Godwin and acquainting him therewith he thereupon informing the King that the Abbesse and all the Nuns were pr●stituted Strumpets and great with Childe the King issued a Commission to enquire thereof and finding it to be true the Nuns were cast out and the Manor given to Earl Godwin who begged it of the King from whom it came to the Barons of Barkly who have enjoyed it as the Head of their Barony for any Generations without any Sacriledge or Impiety By the Common law of England our Kings in all Ages by their Prerogative Royal in times of war danger and upon sundry other occasions have seised the Lands Benefices Rents Revenues Monies Goods of Priors Abbots Monks and other Ecclesiastical Persons who were aliens to their own uses without Sacriledge or Impiety as is evident by the Fine Rolls of 23 E. 1. m. 1 2. claus 23 E. 1. dors 4. cl 24 E. 1. m. 11. claus 25 E. 1. dors 12 20 22. claus 20 E. 2. dors 9. Rot. Fin. 20 E. 2. m. 9. Rot. Fin. 14 E. 3. m. 11 12 18 19 20 c. cl 15 l● 3. pars 3. dors 6. Rot Fin. 16 E. 3. m. 26. cl 19 E. 3. pars 1. m. 17. Rot. Fin. ●3 E. 3. m. 26. and sundry other 〈◊〉 and Cla●s● Roll in t●● Tower ●y sundry Parliament l●o●ls and our l●●w●ooks too And upon the Commons Petition in the Parliament of 2. H. 4. the Prior aliens Lands we●e not only ●ei●ed into the Kings hands but likewise sold and ahea●red into Lay-mens hands to maintain the wars against the French and Welshmen To pre●e●mit all particular seisu●es alienations sale substractions of Abbots Priors Monasteries and Religions Persons Lands mentioned in our Histories and Record the respective Parliaments of 27 H. 8. 31 H. 8. c. 1● 37 H. 8. c. ●1 E. c. 14 by several Acts collected by Rastall Title Monasteryes upon Mr. Fish his supplication of Beggars several Petitions and Complaints of the Commons and Inquisition taken upon oath and returned into the Exchequer of the Sodomitical adulterous incontinent vitious lives of Abbots Monks Nuns and other religious Persons remaining on Record in the Exchequer published at large by Iohn Speed in his History Weaver and others totally suppressed all Monasteries Prio●ies Nunneries Cells and other religious Houses and setled the inheritance of all their Lands Rents Revenues Possessions whatsoever in the Crown of England and that without any sacriledge impiety or injustice never since resumed nor ever likely to be restored to them in succeeding Ages being for the most part alienated sold and distributed by our Kings into the hands of the Nobility Gentry Commonalty and Corporation of the Kingdom and into the hands of all or most of the Archbishops Bishops Deans Chapters Prebends Colleges in England Ireland who repute it neither Sin nor Sacriledge in themselves to receive detain enjoy these Monastical Lands and Possessions out of whose spoyle the Bishopricks Deans and Chapters of Glocester Ch●t●r Oxford Peterborough and Westminster it self were first erected by Parliaments and Statutes of 31 H. 8. c. 15.33 H. 8. c. 31 34 35 H 8. c. 12 15 17. and the Letters Patents of King Henry the eight under his Great Seal translating the Conventual Churches of Bristol Glocester Oxford Peterborough and VVestminster into Cathedral Churches and Sees of Bishops and the Abbots Priors Covents of these Churches into Bishops Deans Chapters limiting the bounds of their Diocesse taken out of other antient Bishopricks and granting them all their Episcopal and Ecclesiastical Jurisdiction as derived only from our Kings the Supream heads of the Church of England under Christ and to be exercised only in their Names Stiles Rights steeds by these Bishops and their Officers as the Statutes of 26 H. 8. c. 1. 37 H. 8. c. 16 17. 1 Edw. 6. c. 2. 1 Eliz. c. 1. 5 Eliz. c. 1. 8 Eliz. c. 1. and their very Patents resolve us not by any real or adherent Divine Episcopal Jurisdiction derived to them immediately from Christ himself
Evangelical Bishops from our Saviours time had no Temporal Lands or Possessions till the year of our Lord 319. when the Emperor Constantine the Great first endowed Bishops and Church-men with them as Matthew Westminster and others record though his pretended Donation of Rome and other Temporalties to Popes their successions as St. Peters Patrimonie be a mere forgery as Laurentius Vall● Dr. Crakinthor●e and others quoted by them prove at large Now Iohannis Pa●●siensis Higden Wickliffe the Lord Co●●am Purvey Iohn Frith Nauclerus Bishop Iewel Thomas Beacon and others relate That when Constantine endowed the bishops and Church with Temporal Lands and Possessions the voyce of an Angel was heard in the ayre crying Hodie venenum infunditur in Ecclesiam This day is Poyson powred into the Church of God and from that time they observe because of the great Riches and Temporalties the Church and Bishops had they were made the more Secular and had more worldly business than Spiritual devotion and more outward Pomp and Splendor than inward Holyness the Daughter riches which the Church brought ●orth devouring her Mother Which if an experimental verity as sundry of our own and foreign Writers attest as I have elsewhere proved at large then it can be no Sacriledge or Impiety but wholsom physick for the King and Temporal Lords and Commons in Parliament for just causes to take away this poyson from Bishops and Cathedral Churches which hath so much poysoned corrupted them and to reduce them to the condition of the Primitive Bishops who by the Decrees of the 4th Councel of Carthage c. 14 and the Exceptions of ●g●●rt Archbishop of York Anno 750. c. 26. were only to enjoy mean Houshold-stuff course Food and HOSPITIOLVM a little Cottage near the Church not a Royal Palace or Lordly Manors which made them more Proud Lordly Secular Tyrannical Pompous Covetous than any Temporal Lords and to take precedence of them both in great Councils Parliaments and other publick Assemblies yea to intrude themselves into the greatest Temporal Offices to the great neglect of their Spiritual Functions they scorning to hold and follow the Plough of Christ after they became Lords and Barons of the Realm as Bishop Latymer proves at large in his 4th Sermon of the Plough and forgetting these Canons of the 4th Council of Carthage c. 19 20. Vt Episcopus pro rebus transitoriis non litiget provocatus Vt Episcopus nullam rei familiaris curam ad se revocet sed Lectioni et Orationi et ver●i Dei praedicationi tantummodo vacet as the primitive Bishops did which would gain our present Bishops more love respect reverence with God and all good men than all their Lordly Pomp Temporal Lands or Baronies which in all Ages have made Bishops and Cathedral-men more Secular than Spiritual more proud luxurious covetous vicious than religious or vertuous as Gregory Nazianzen Oratio 26. 35. Isiodor Pelusiota Epist. l. 2. Epist. 125. l. 3. Epist. 223. Gregorius Magnus lib. Pastoralis Curae part 2. c. 6. Moralium in Job l. 24. c. 29 30. Homil. 17. in Evangelia Gildas acris Correptio c'eri Britanniae St. Bernard Sermo 22 23 77. Cantica ad Clerum in Concilio Rhemensi de Consideratione ad Eugenium l. 1 2 3 4. Epist. 42. Henrico Senoniensium Archiepiscopo Johannis Sarisburiensis de Nugis Curialum l. 8. c. 17 23. Petrus Blesensis Archdeacon of Bath Tractatus de constitutione Episcopi Johanni Wigorniensi Episcopo Epistola 15 18 22 25 43 64. Robertus Holcot in lib. 5. Sapientiae Lect. 77. Alexander Frabricus Destructorium Vitiorum pars 4. c. 8 14 21 22. pars 5. c. 2. pars 6. c. 2. 26 40. John Wickliff Dialogorum l. 3. c. 14 17 23. Alvarus Pelagius de plancotu Ecclesiae l. 1. Artic. 70. D. l. 2. Artic. 1. to Artic. 17. Nicholaus de Clemangis de Corrupto Ecclesiae statu c. 17 18 19. Episcopus Chemnensis Onus Ecclesiae cap. 14 to 27. Joannes Aventinus Annal. Boyorum l. 5 6 7 8. Albertus magnus in Evangelium Johannis c. 10. Picus Mirandula Oratio ad Leonem 10. Petrus de Aliaco de reformatione Ecclesiae Abbas Uspergensis Paralip p. 164. Fasciculus Rerum expetendarum p. 173. Ma●s●l Patavinus Defensoris Pacis part 2. c. 11. Theodoricus à Niem l. 3. c. 41 45. l. 2. Nemore Unionis c. 19 Guicciarden Historiae Ital. l. 6. St. Brigets Revelationes passim Petrus de Vinels Epist. l. 1. c. 35. Illi●icus Catologus Testium Veritatis Peirce Plowman his complaint of the Abuses of the World Sir Geofry Chaucer in his Ploughmans tale Lucifer Prince of Darkness his Letters to the Prelates of England written as is supposed by William Suinderby a Martyr Dr. Barnes his Supplication his Articles p. 210 to 216. and Mr. William Tyndal his obedience of a Christian man and Practise of Popish Prelates Iohn Bale de Vitis Pontificum Centuriae Scriptorum Brit. and Image of both Churches on the Apocalypse Iohn Frith a Martyr in his Answer to Mr. M●res Preface Roderick M●rs his Supplication to King Henry the 8th and Parliament c. 23 24. Another Supplication to King Henry the 8th printed 1544. The Image of a very Christian Bishop and of a counterfeit Bishop printed Cum Privilegio Regali under King Henry the 8th William Wraghton his Hunting and Rescuing of the Rhomish Fox dedicated to King Henry the 8th Henry S●albridge his Exhortatory Epistle to his True Country-men of England against the pompous Popish Bishop thereof printed in H. the 8th his reign at Basil Martin Bu●er Regins Professor of Divinity in Cambridge D● Regno Christi dedicated to King Edward the 6th l. 2. c. 1 2 12. De vi usu sancti Ministerii The Image of both Pastors printed at London Cum Privilegio 1550. Bishop Hooper on the 8th Commandement p. 78 79. Bishop Latymer his 4. Sermon of the Plough Matthew Parker or Iocelin Antiquitates Ecclesiae Brittannicae p. 139 to 144. Thomas B●acon his Reports of certain men and in his Supplication vol. 3. Bishop Iewel in his Sermon on Haggai 1. p. 176. and on Matthew 9. p. 198. All which the Studious may elsewhere peruse at leasure and sundry others joyntly attest Upon which consideration not only Wickliff and Hus but several of our Martyrs as William Suinderby Walter Bruce Iohn Purvey Sir Iohn Oldcastle Lord Cobham Sir Iohn Borthick justified the lawfullness and necessity of taking away the Bishops abused Temporalties which were such poyson to them 3ly That many of our Kings by the Laws and Customs of the Realm and by vertue of their Royal Prerogative have kept our Archbishops and Bishops Temporalties in their hands and taken the profits of them as their Demesn rents keeping their Sees when void by death translation or resignation for sundry years together as all the Archbishops Bishops Abbots Priors
of Iohn King first Bishop there was kept vacant ten years An. 1568. after Henry Curwin the second Bishop it was kept void twenty one years together An. 1592. after Iohn Vnderhill the third Bishop it continued void 11. years so little want was there of a Bishop in that poor See An. 1559. the new created Bishoprick of Gloucester after Iames Brooks the third Bishop his death was kept vacant three years An. 1578. as long after Edmond Cheyney An. 1538. the new erected Bishoprick of Bristoll after Paul Bresh the first Bishop was kept vacant four years An. 1578. three years after Richard Cheyney which See continued void otherwise than by Commendam thirty one years together An. 1593. it continued vacant ten years together So little need was there of a Bishop in this See An. 1397. the Bishoprick of St. Davids after Iohn Gilberts death was vacant four years An. 1592. after Marmaduke Middleton almost two years An. 1133. the Bishoprick of Landaffe upon Vrbans decease was kept void six years An. 1183. after Nicholas ap Georgant five years An. 1240. after Elias de Raynor above four years An. 1287 after VVilliam de Brews nine years An. 1213. the Bishoprick of Bangor after Robert of Shrewstury was kept vacant two years An. 1374. as long after Iohn Gilbert An. 1378. after Iohn Swassham twenty years An. 1266. after Amanus the first Bishop of Rangor that See was vacant two years An. 1313. after Lew●lin six years An. 1406 after Iohn Trevour five years An. 1439. after Robert five years An. 1017. after Aldbanus of Durham that See continued void above three years An. 1096. as long after VVilliam Carlapho An. 1140. after Geoffry Rusus above five years An. 1207. after Philip of Poytiers above ten years An. 1226. above two years the King threatning the Covent that they should have no Bishop in seven years An. 1237. after Richard P●ore two years till Ethelmate his half Brother whom he commended to the Monks election should be of age An 1505. after William Severus two years An. 1587. after Richard Barnes almost two years An. 1577. the Bishoprick of Chester was kept vacant two years If then all our Bishopricks in several ages to omit the long vacancies of later times have been thus kept void 2,3,4,5 6,7,8,10,15,20 30. years or more together at divers times to omit all annual vacancies without any prejudice to the Church or State and with very great benefit to the Kings of England who enjoyed the Temporalties in the mean time then certainly Diocaesan Bishops are no such necessary Creatures of divine institution in the Church of Christ as some esteem them but that they may be spared and their Lands Temporalties sold or leased as well as thus seised by our Kings without Sacriledge or Injustice when as no Parish Churches can spare or want their Parochial Ministers who are of Gods institution above six months at most After which if the Patron present not in the interim an able and sufficient Clerk the Ordinary by the Canon Common-law may collate and sequester the profits in the mean time only to defray the officiating of the Cure which must be at no time intermitted or neglected because of Divine institution and so absolutely necessary both for the Peoples instruction and salvation which these long vacancies prove Diocaesan Bishops are not 4ly That as our Bishops Abbots Priors did originally for some hundreds of years receive their actual Investitures into their Churches Temporalties from the King alone per Annulum Baculum by a Ring and Pastoral staff delivered to them in nature of a Livery and seilin extorted from our Kings by the violence and tyranny of Pope Vrban and Pascal the 2. and Treason of Archbishop Anselme against the Right of the Crown and Custom of the Realm so they did likewise hold all their Baronies and Temporalties from swear Fealty and do Liege Homage to our Kings for the same as their Supream Liege Lords like other Barons and were as far forth responsible for them to the Kings Iustices and Ministers as Lay-Barons and Tenants were which they all acknowledged in their Recognition to King Henry the second in the Council of Clarindon as our Histories assure us and were lyable to forfeit them for their Treasons Rebellions Disloyalties and Contempts against the King and his Crown as well as Lay-men our Kings being alike Soveraign Lords and Kings to them as well as other Subjects and Tenauts and that Iure Domini as their Supreme Landlords and Patrons from by and under whom alone they held their Temporalties 5ly That the Kings of England as Supream Heads and Governours under Christ of the Church of England have in all ages enjoyed and exercised a Soveraign Power and Jurisdiction over all Archbishops Bishops Deans Chapters Abbots Priors and other Ecclesiastical Persons in all Causes whatsoever as well as over their Temporal Subjects to visit reform order correct restrain amend punish all their Errors Heresies Offences Contempts Enormities Treasons Rebellions against their Persons Crowns Dignities and Royal Authority punishable by any Spiritual Ecclesiastical or Temporal Authority or Iurisdiction and to punish their Persons by imprisonments banishments death scisure sequestration confiscation of their Temporalties Bishoppricks real and personal Goods and Estates as is enacted by the several Statutes against Provisors and the express Statutes of 25 H. 8. c. 19 21. 26 H. 8. c. 1 3. 27 H. 8. c. 10. 28 H. 6. c. 7. 10. 31 H. 8. c. 14. 32 H. 8. c. 22 24 26. 33 H. 8. c. 29. 34 35 H. 8. c. 17 19. 37 H. 8. c. 17. 1 Ed. 6. c. 2. 1 Eliz. c. 1. 5 Eliz. c. 1. 8 Eliz. c. 1. 13 Eliz. c. 12. and other Acts The several Writs De Excommunicato capiendo De Excommunicato deliberando De Cautions admittenda Quare impedit Quare incumbravit Quare non admisit Quod Episcopus admittat Ne admittas Ne exeas Reguum Vi Iacca removenda and especially by the several Writs of Prohibition and ad Iura Regia and Capias pro contemptu wherewith our Records and Law-books are full fraught I shall only recite some memorable Presidents of our Kings and Parliaments proceedings against our Archbps. Bishops in seising their temporalties confiscating their Estates banishing them the Realm suspending from and depriving them of their Bishopricks yea in imprisoning executing their Persons for their rebellions Treasons Conspiracies Contempts against them and their Royal Prerogatives in former ages worthy their and our most serious consideration and remembrance To begin with our Archbishops about the year of Christ 765. Offa King of Mercians being highly offended with Iambertus or Lambert as some stile him Archbishop of Canterbury for his oppositions against him seised and took away all his Temporalties within his Kingdom detaining some of them to himself and giving the rest of them to his Souldiers and Courtiers and moreover by the Popes consent erected a new
second year of his Reign which took away his just Regal Power and Government of the Realm and delegated it to twelve Commissioners which Articles all the Bishops consented unto and sealed with their Seals and this Bishop amongst the rest for which in a Council held at VVestminster he was suspended both from his Episcopal Office and Bishoprick which were sequestred into the Kings hands Edmond Bonner Bishop of London a grand Persecuter and Burner of Gods true Saints yea a bitter Enemy to King Edw. the 6th and Queen Elizabeth was twice deprived of his Bishoprick for his Contempts and Misdemeanours once in King Edward the 6th his Reign and again in the first year of Queen Elizabeth for refusing the Oath of Supremacy and Allegiance and murthering so many Protestants under Queen Mary and by Authority of the Queen and Parliament committed Prisoner to the Marshalsee among Rogues where he died amongst Rogues and Murderers and was buried at midnight in obscurity Wina Bishop of VVinchester so highly offended Kenewalchus King of the West Saxons who advanced him that in the year 666. he drave him out of his Country and deprived him of his Bishoprick About the year of Christ 1107. King Henry the first was so far incensed against VVilliam Gifford whom he had formerly invested in the Bishoprick of Winchester by the delivery of a Ring and Crosier for renouncing th●● 〈◊〉 Investiture and refusing his Consecration out of fear to displease Archbishop Anselm that he seised his Temporalties and banished him the Realm Henry de Bloys Bishop of VVinchester against his Oath of Fealty and Allegiance to Q● Maud dis-inherited her of the Crown and set up K. Stephen in her stead who not long after falling out with this Bishop seised all his Castles whereupon he revolted to Maude and procured a Pall from the Pope to be made Archbishop of VVinchester and to have seven Bishopricks annexed to his Province VVilliam Raley Bishop of VVinchester for excommunicating the Maior Citizens and Monks of VVinchester for obeying King Henry the third his Edict not to give him or his any victuals or lodging and interdicting the Cathedral there was forced to fly the Realm and relinquish his Bishoprick till by Archbishop Bonifaces and the Popes mediations which cost him a gratuity of 6000 l. he made his peace with the King Ethelmar Bishop of VVinchester caused the Barons assembled in a Parliamentary Council at Oxford to take up Armes against him for his intollerable Insolencies Tyrannies Exorbitancies Oppressions and to drive him out of the Realm who seising on all his Goods and Treasure they could meet with writ Letters and sent Agents to Rome to stop his return into England which neither the King Lords nor Commons would permit upon any Letters or sollicitations from the Pope on his behalf to King Henry the third and the Lords Iohn Gernsey Bishop of VVinchester was excommunicated by the Popes Legat his Temporalties seised and he forced to fly to Rome for an absolution for taking part with the Barons against King Henry the third subscribing and ratifying with an Oath the Antimonarchical Provisions of Oxford in derogation of the Kings Royal Power and Government against his Oath and Allegiance to the King Henry VVoodlock Bishop of VVinchester interceeding to King Edward the first for Robert VVinchessie Archbishop of Canterbury banished for Treason and calling him his good Lord had his Temporalties seised Goods confiscated and was put out of the Kings protection VVilliam VVickham Bishop of VVinchester for wasting and embesselling the Kings Treasure to a great value wherein he was condemned had all his Goods seised his Temporalties bestowed on the young Prince of VVales and was likewise banished above twenty miles from the Court Stephen Gardiner Bishop of VVinchester for a seditious Sermon preached before King Edward the sixth and disobeying the Kings Injunctions was committed Prisoner to the Fleet and afterwards to the Tower of London for two years space and an half after which he was deprived of his Bishoprick seised into the Kings hands and sent to Prison again being an implacable enemy to King Edward the sixth and the Lady Elizabeth afterwards Queen of England whose death he oft contrived and had well-nigh accomplished Iohn White Bishop of VVinchester to obtain this fat Bishoprick promised to give the Pope 1600 pounds a year out of it during his life which Sin the Pope seemingly detesting he was forced to pay much dearer ere he could obtain it he threatned to excommunicate Queen Elizabeth in the first year of her reign for which he was committed to Prison After that for refusing 〈◊〉 take the Oath of Supremacy and Allegi●●●● 〈◊〉 the Queen he and thirteen more Bishops were deprived of their Bishopricks and others placed in their roomes Kenulph the tenth Bishop of Durham in the year of Christ 750. was apprehended and committed Prisoner of the Castle of Bebba and his Church besieged by Egbert King of Northumberland for misdemeanours against him Fgelrick 16. Bishop of Durham charged with Treason and Conspiracy against VVilliam the Conqueror Pyracy on the Sea and disturbing the peace of the Kingdom was for these offences commited perpetual Prisoner to VVestminster Abby where he lamented his misdemeanours and dyed very penitently Egelwyn the 17. Bishop of Durham for raising two Rebellions against King William the Conqueror and excomm●● the King with all his Followers as Invadors and Robbers of the Church was banished the Realm deprived of his Bishoprick and at last invading the Realm was taken Prisoner in the Isle of Fly by the King and committed close Prisoner to Abyngdon Anno 1071. wher● refusing to take any sustenance he died of anger grief and hunger Not mention the tragedy of VVa●cher Bishop of Durham created Bishop and likewise Earl of Northumberland by VViliam the Conqueror the first Spiritual and Temporal Lords of this See who turning a very great Oppressor of the People so far incensed them by the murther of Leulsus by Leoswin and Gilbert his Chaplain and Kinsman that they assaulted him and his Followers in the Cathedral Church where they fortified themselves slew the Bishop himself and all his retinue to the number of one hundred Persons and set the Church on fire VVilliam Kairlipho his next Successor in the See of Durham though advanced to that Office by King VVilliam Rufus and made one of his Privy Counsel yet he most treacherously and ungratefully conspired with Odo Bishop of Bayon and other Great men Anno 1088. to deprive him of his Crown which the King who most trusted and favoured him of any other took very grievously at his hands whereupon he marched to Durham in person with his Army which this Bishop by strong hand held out against him till at last he was enforced to surrender the City and himself to the Kings mercy who thereupon banished him the Realm for three years taking the profits of his Temporalties
appointed how many Souldiers every Bishop Abbot which held of him by Barony should find for the King in times of war from which they were formerly exempted Alexander Bishop of Lincoln Nephew to Roger the great Bishop of Salisbury built three new Castles at Banbury Newark and Sleford which King Stephen seised upon and took from him upon some pretended or actual Misdemeanours together with all the Ammunition and Treasure this Bishop had laid up in them and imprisoned the Bishop himself for holding the Castle of Devises against him and refusing to surrender it till constrained St. Hugh Bishop of Lincoln did much oppose the payment of any Subsidies or Taxes to King Henry the second Richard the first and King Iohn he resisted King Richard the first to his face when he demanded Taxes from his Subjects by means whereof and of another Bishop joyning with him he could gain no moneys from them Whereupon the King in a great rage banished both these Bishops confiscated all their Goods and seised the Goods of the other Bishops who thereupon submitted to the King Hugh Wallis or de VVills Bishop of Lincoln about the year 1209. owning that Arch-traytor Stephen Langhton for Archbishop of Canterbury and receiving his consecration from him contrary to King Iohns expresse command had all his Temporalties seised and himself kept fasting for four years space before they were restored After which he joyning with Lewis the French King and the Barons siding with him against King Iohn he was for these new Treasons not only prosecuted by the King but also excommunicated by the Pope and not absolved till he paid the Pope one thousand Mark and his Legat one hundred Marks sundry other of our Bishops being then fined for the like Crimes and that so deeply that they were compelled to sell all they had to satisfie the King Hugh Burwash Bishop of Lincoln though advanced by the special favour of King Edward the second to that See fell so far into his Royal displeasure within two years after his consecration for some contempts and offences against him that the King seised his Temporalties into his hands for two years space Anno 1324. he being restored to the Kings favour and his Temporalties again the grudge thereof stuck so far in his stomach that none was so forward to assist the Queen with mony armes forces nor so eager against the King to depose him as this Bishop of Lincoln and the Bishops of Ely Dublin and Canterbury by whose assistance and advice the King was not only deposed but murdered Thomas VVatson Bishop of Lincoln in the first year of Queen Elizabeth ●as by the Queen and Parliament deprived of his Bishoprick and committed to Prison for refusing to take the Oath of Allegiance and Supremacy and threatning to excommunicate the Queen for altering Religion King Stephen about the year 1140. banished Nig●llus Bishop of Ely for his Treason and Contempts against him seised his Castles and Temporalties during his life and kept them in his hands at least five years space after his death G●offry Rydel his next Successor commonly called the proud Bishop of Ely had all his Moneys to wit 3060 marks of Silver and 205 pounds of Gold seised upon and confiscated by King RICHARD the first William Longchamp Bishop of ●ly both Protector Chancellour and Chief Justice of the Realm and Popes Legat during King Richard 1. his absence in the holy wars as he seised and spoyled the Temporalties and Goods of Geoffry Plantaginet Archbishop of York stripped him and his Followers of all they had dragged him by his Officers out of St. Martyns Church in Dover by force from the very Altar it self without the least respect to the greatness of his Person or holyness of the Place and thrust him Prisoner into Dover Castle so himself was soon after seised upon dragged by the Heels and imprisoned at Dover by the vulgar Rabble then forced out of the Realm by the Nobles and other Prelates and his Estate confiscated for his intollerable Tyranny and Misdemeanours Eustathius Bp. of Ely for pronouncing the Popes excommunication against King Iohn interdicting the whole Realm had all his Temporalties seised into the Kings hands his Goods confiscated himself forced to fly the Realm and to continue in exile many years all the Prelates and Clergy of England confederating with him herein being likewise commanded to depart the Realm their Possessions Baronies temporalties Goods seised confiscated and all of them put out of the Kings proteon Anno 1208. King Henry the third was so highly offended with Hugh Balsam Bishop of Ely that he seised upon his Temporalties caused all the Woods thereon to be cut down and sold the Parks to be spoyled the Ponds to be fished and wasted and havock to be made of all things for harbouring the Rebels then in armes aganst him Thomas Lilde Bishop of Ely a furious indiscreet Prelate upon King Edward the third his complaint to the Parliament was banished the Court during his life his Possessions seised on by the King till his death Thomas Thurlby Bishop of Ely for denying the Oath of Supremacy and opposing the reformation of Religion intended by Queen Elizabeth was committed Prisoner to the Tower and deprived of his Bishoprick by the Parliament in the first year of Queen Elizabeth with other Popish Bishops deprived for the like offences the same year Walter Stapleton Bishop of Exeter Anno 1326. was assaulted by the people in London at the North-door of Pauls and dragged thence by them into Cheapside by the heels where they proclaimed him an open Traytor a Seducer of King Edward the second who left the charge of the City to him and a Subverter of their liberties after which stripping him of his Pontifical Garments they took off his Head from his Shoulders and set it on a Poll for a spectacle that the remembrance cause of his death never questioned might continue Living the 23d Bishop of Worcester Anno 1040. was accused by Elfrick Archbishop of York for procuring the death of Alfred eldest Son of Ethelred Whereupon King Hardeknute degraded him and gave his Bishoprick to Elfrick So Alfred Bishop of Worcester for his misdemeanours and opposition against King Hardeknute and having likewise a hand in the death of his half Brother Alfred was expulsed that See till his money purchased his peace Maugere the third Bishop of Worcester being one of the four Bishops who excommunicated King Iohn and put the whole Kingdom under an Interdict Anno 1208. had all his Goods confiscated his Temporalties seised by the King and being forced to fly the Realm for these misdemeanours died in exile Raynelmus the 30. Bishop of Hereford receiving his investiture from King Henry the first by the delivery of a Ring and Crosier according to the Law and Custom of that Age and afterwards resigning them into the Kings hands again to pleasure Anselme
Knights and other Military men to ayd our Kings in their Wars and have actually taken away divers Mannors Lands and Tenements from our Archbishops Bishops and Cathedrals as well as from Abbots Priors Monasteries and given them to our Kings or such as they should appoint The House of Commons in two several Parliaments held in the years of our Lord 1403. and 1404. under King Henry the 4th when this King wanted and demanded aydes and monies from them to carry on his Wars against the Welch-men at home and the French with other Enemies abroad counselled and pressed the King to seize upon the Lands of the Bishops Abbots and Spiritualtie to supply his wants with their Temporalties and Superfluities Whereupon there grew a great contest in the Parliament between the Clergy and Laity the Speaker of the Commons House and the Knights affirming That they had often served the King in his Wars not only with their Goods but also with their Persons in very great Dangers and Ieopardies whiles the Prelates and Spiritualty sate idle at home and helped the King nothing at all Whereupon the Bishops and Clergy to preserve their Temporalties from being taken away in these two Parliaments readily gave the King a Tenth in the first of these Parliaments and a Tenth and an half in the second After this the Knights and Commons in the year 1410. presented this Petition to King Henry the 4th and the Lords in Parliament To our Most Excellent Lord the King and all the Nobles in this present Parliament assembled all your faithfull Commons humbly demonstrate and truly affirm that our Lord the King might have out of the Temporal Possessions Lands and Tenements which are occupied and proudly leudly and unprofitably spent consumed and wasted by the Bishops Abbots and Priors within this Realm so much in value as would suffice to sustain in food 15. Earles 1500. Knights 6200. Esquires and 102. Hospitals more then now be Pressing the King and Lords to take away these Temporalties which they proudly and unprofitably consumed and to imploy them on other publick uses But by the subtilty and potency of the Bishops Abbots and Clergy from whom the King demanded a Tenth to be annually granted to him during his life wherein they were ready to gratifie him they preserved their Temporalties for that present Yet afterwards the Commons in Parliament Anno 1414. renewed this their old Petition to King Henry the 5th and the Lords to seise upon the Bishops and Abbots Temporalties shewing how many Earls Knights and Esquires they would maintain exhibiting a Bill to that purpose Hereupon the Bishops and Abbots whom it touched very near much fearing the issue determined to assay all wayes to put by and overthrow this Bill minding rather to bow than break agreeing first to offer the King a great sum of mony to put by his demand and afterwards intituling the King to sundry Provinces and the whole Realm of France in this Parliament and stirring up the King and Nobles to regain the same by force of armes Towards the recovering and regaining of which antient Right and Inheritance they granted the King in their Convocation such a sum of mony as by Spiritual persons never was to any Prince though the whole Christian world before these times given and advanced By which policy and grant they preserved their Temporalties from being taken away from them by that Parliament Yet some of their Manors and Temporalties were parted with to the King and Lords to purchase their peace after every of these Parliaments In the Parliament of King Henry the 8th in the 22d year of his Reign there were sundry Bills exhibited in Parliament against the abuses of the Bishops and Clergy and many hot contests between the Commons and Prelates who at the last brought them within the compasse of a Praemunire in this Parliament to the confiscation of all their Goods Temporalties and imprisonment of their Persons for submitting to Cardinal Wolsie his Power legatine from the Pope contrary to the Laws of the Realm and the Kings Prerogative Whereupon upon the Bishops and Clergy of the Province of Canterbury proferred to give the King the sum of one hundred thousand pounds and those of the Provinces of York eighteen thousand pounds more and likewise agreed to give the King the Title of THE SUPREAME HEAD OF THE CHURCH OF ENGLAND NEXT UNDER CHRIST which they would never do before to take off the forfeiture of the Praemunire Which the King accepting of granted all the Bishops and Clergy a General Pardon in Parliament out of which Iohn Archbishop of Dublin and the Bishop of Hereford with six more Clergy-men only were excepted and soon after this Parliament many of the Bishops Temporalties and Manors were granted by them to the King by their special conveyances besides others of them leased or granted to Courtiers great Officers and Favourites to preserve the remainder of them In the Parliament of 37 H. 8. by a special Act of Parliament printed in our Statutes at large under a feined pretext of Exchanges and other Recompences the Manor of Rippon in Yorkshire together with 69. other Manors there named their members and appurtenances were alienated and taken away from the Archbishoprick and Archbishop of York nine Manors one Castle with sundry Parks and Rectories belonging to the Archbishoprick to Canterbury the Manors of Chelmesford and Crondon with the Park of Crondon and all their Members Rights and Appurtenances were alienated and taken quite away from the Archbishops of Canterbury and Bishops of London and their Successors and by these Bishops Indentures and this Act of Parliament setled on the King his Heirs and Successors for ever as well against the said Archbishops and Bishop of London and their respective Successors as against the respective Deans and Chapters of York Canterbury London and their Successours and every of them any Law Custom Statute or other thing to the contrary hereof had or made notwithstanding as in and by the said Act worthy perusal is more at large recorded Besides these the City of Bath the Manors Markford Chedder Chew Claverton Compton Dando Compton Panel Congesbury Clanmore Everchurch H●riton Kineston L●d●ord Pucklechurch Wellington Westerleigh VVatton VVecke VVile Yatton with sundry other Farmes Tenements Hundreds and Appropriations have been alienated by and taken from the Bishoprick of Bath and VVills the Manors of Sherburn Sunning and sundry others from the Bp. of Salisbury and sundry other Manors Lands Tenements Farmes from the Bishops of VVinchester Lincoln Ely Chichester Norwich Exeter Hereford Coventry and Litchfield Durham Carlisle before and since 37. Henry the 8th And had not the Statute of 1 Lac. c. 3. restrained the Alienations of Bishops Lands and Revenues they had long ere this had no Lands or Rents at all to dispose of In the Parliament of 7 E. 6. by a special Act of Parliament the Bishoprick of Durham with all the Lands and Hereditaments thereof were
A SEASONABLE VINDICATION OF THE Supream Authority and Jurisdiction OF CHRISTIAN KINGS LORDS PARLIAMENTS As well over the Possessions as Persons of Delinquent Prelates and Churchmen OR An Antient Disputation of the famous Bohemian Martyr John Hus in justification of John Wickliffs 17. Article Proving by 43. Arguments taken out of Fathers Canonists School-men the Supream Authority and Jurisdiction of Princes Parliaments temporal Lords and other Lay-men who have endowed the Church with Temporalties to take away and alien the Temporal Lands and Possessions of Delinquent Bishops Abbots and Church-men by way of medicine or punishment without any Sacrilege Impiety or Injustice Transcribed out of the printed Works of Iohn Hus and Mr. Iohn Fox his Acts and Monuments printed London 1641. Vol. 1. p. 585 c. With an Additional Appendix thereunto of Proofs and Domestick Presidents in all ages usefull for present and future times By William Prynne Esq a Bencher of Lincolns Inne Acts 1. 20. Let his habitation be desolate and no man dwell therein and his Bishoprick let another take Bernard De Consideratione ad Eugenium l. 3. Parvi dejectique animi est de Subditis non profectum quaerere Subditorum sed quaestum propriū in summo praesertim Pontifice nihil turpius London Printed by T. Childe and L. Parry and are to be sold by Edward Thomas at the Adam and Eve in Little Britain 1660. To the most Illustrious MONARCH Charles the II. BY THE Singular Grace and Wonder-working Providence of Almighty God of England Scotland France and Ireland KING Defender of the true Christian Faith and Supreme Governor over all Ecclesiastical Persons as well as Temporal throughout his Dominions Most Gracious Soveraign I Humbly crave license to prostrate at your Royal feet a learned Disputation of the famous Bohemian Martyr John Hus in defence of our renowned John Wickliffs 17. Article largely evidencing the Supream Authority of Christian Kings and Temporal Lords over the Temporalties and Persons of Delinquent Prelates and Churchmen backed with an Additional Appendix hastily compiled in the midst of my other distracting publike Imployments in few hours space not unseasonable or unworthy publike Consideration in relation to ancient and late alienations of Abbots Bishops Cathedral lands now under your Majesties and your Parliaments Deliberation in order to their Purchasers satisfaction for the prevention of future Animosities suits establishment of Cordial Unity Amity between all Your Subjects after their many years sad Intestine bloudy Schisms and Discords The sole Occasion of this Publication was the many late Petitions of Purchasers and others complaining of some Bishops Churchmens covetousness or averseness to give them such competent satisfaction for their Purchases by new Leases or otherwise as Your Majesties Royal Declarations the Commons-House Votes and Your Noble Generals Engagements in order to Your Highnesse most joyfull peaceable Restitution to Your Throne induced them to expect and of their violent or vexatious proceedings contrary to Your Gracious Proclamation and Commission The principal design of it is to Vindicate Your Majesties ancient Soveraign Jurisdiction with the Legal power of your Parliaments temporal Lords over the Possessions and Persons of the greatest Prelates in cases of Delinquency War or Publike Necessity and the Lawfulness of seising alienating their Temporalties imprisoning banishing executing their persons for Criminal Offences and Contempts of which they have been frequently guilty without any Sacrilege or Impiety The contemplation whereof I presume will henceforth perpetually bind them to their good behaviours both towards Your Majesty your Parliaments and People and engage them to a charitable sober religious use of all their Temporal endowments to a most heavenly humble world-contemning Conversation a diligent faithfull discharge of their Episcopal function by daily constant preaching fasting praying and administration of the Sacraments to the Souls committed to their pastoral charge and to an aemulous imitation of our pious primitive Archbishops and Bishops Wilfrid Aydan Ceadda and others of whom Venerable Beda and Gervasius Dorobernensis render us this account Non Equitando sed pedibus ambulando verbum Dei instantissime praedicabant Tota tunc fuit sollicitudo Doctoribus illis Deo servire non seculo tota cura cordis excolendi non ventris Nulla causa fuit sacerdotibus Dei vicos adeundi nisi ut praedicarent vel baptizarent vel animas curarent Cuncta quae sibi à Regibus vel divitibus seculi donabantur mox pauperibus qui occurrerent erogate gaudebant In tantum erant ab omni peste Avaritiae castigati ut nemo territoria vel possessiones ad construenda Monasteria à potestatibus seculi nisi coactus acceperet All their Oblations and revenues were equally divided into 4. parts The 1. for the sustentation of the Bishop and his family not in a pompous Lordly splendor but sober and Christian hospitality The 2. for the maintenance of his Clergy or Chapter The 3. for the relief of the Poor The 4. for the repair of Churches and if any surplusage remained it was bestowed in alms and other pious uses not spent in Luxury or worldly pomp No part of it was treasured up in the Bishops own purse to enrich himself or Leased to or bestowed on his wife children kenred servants or Courtiers as in later ages as real Sacrilege as any now declaimed against Their Angelical and Evangelical Conversations purchased them such veneration and high esteem among all sorts of people Ut ubicunque Clericus aliquis adveniret gaudentèr ab omnibus tanquam Dei famulus exciperetur Etiam si in itinere pergens inveniretur occurrebant flexa cervice vel manu signari vel ore illius se benedici gaudebant verbis quoque horum exhortatoriis diligenter auditum praebebant Et si quis Sacerdotum in vicum fortè deveniret mox congregati in unum vicani Uerbum vitae ab illo expetere et operibus implere curabant Such an Episcopal life as these then led in our Bishops and Clergy now without future contests which of them shall be the Greatest Richest Highest but best holyest humblest would speedily reconcile both them their Purchasors and Opponents yea produce such a reverend estimation and entertainment of their Persons and Ministry in the Laity as Your Majesty by your most pious Declarations Proclamations Speeches and unwearied Endeavours have exhorted and conjured them unto that so all your Subjects may henceforth live a quiet and peaceable life in all godlinesse and honesty under Your most just and gracious Government Which as it ought to be their daily prayer so it is their bounden duty and will be the only means of their future felicity Let those everlasting Arms of the Eternal God riding upon the heavens for Your help which have so miraculously protected supported restored Your Royal Majesty to Your Kingdoms and thrust out the Enemy from before You without sword or spear for ever embrace defend
ordered to be banished the Realm his Temporalties seised his Lands and Goods forfeited Thomas Cranmer Archbishop of Canterbury was committed Prisoner and impeached convicted of High Treason against Queen Mary for aiding the Usurper Queen Iane against her and his Goods and Temporalties seised Edmond Grindon Archbishop of Canterbury falling into Queen Elizabeths displeasure was suspended from his Archiepiscopacy by her order till his death Archbishop Abbot for killing his Keeper by Chance-medly in shooting at a Back was suspended from his Archiepiscopal Jurisdiction by King Charles the first for sundry years and his Archiepiscopal Jurisdiction power delegated to others And Will. Laud the last Archbishop of that See in the Parliament of 16 Caroli was impeached of sundry High Treasons and high Misdemeanours against the King and Kingdom by the Commons of England and Scots Commissioners for which he was upon full Tryal and Hearing imprisoned atttainted condemned and beheaded on Tower-hill his Goods and Temporalties sequestred seised sold by Judgment and Ordinances of both Houses of Parliament To these numerous Presidents of the Archbishops of Canterbury I shall annex some paralel ones of the Archbishops of York VVilfred Archbishop of York for his Treason in favouring and aiding the rebellious Danes and perswading Queen Ermenburga to desert her Husband the King was by King Egfreds prosecution twice condemned and deprived of his Archbishoprick in two several Councils his Temporalties and Goods seised his Person imprisoned his Archbishoprick divided into two or three more Bishopricks and himself exiled some write for ten others for eight years together till at last with much importunity many Letters from the Pope others he was restored to his See Wolstan Archbp. of York for his hamous Treason in deserting his natural Christian King Edgar against his Oath Allegiance Piety Function Christianity and adhering to the invading heathen Danes who wasted the Country and endeavoured to rout out the Christian Religion and for murdering divers Citizens of Hertford was deprived of his Bishoprick and imprisoned by the King for a year and at last murdered himself Turstan Archbishop of York for receiving his consecration from the Pope at the Council of Rhemes against King Henry the first his expresse command and his own Oath and Faith to the King was banish'd the Realm his Temporalties seised by the King for five years space and he hardly permitted to return into England after many mediations and menaces of the Pope in his behalf Geoffry Plantaginet Archbishop of York for breaking his Oath with King Richard the first was kept from his Temporalties and imprisoned by William Longchamp After this Anno 1194. upon several complaints against him in Parliament for hindering the Kings Officers to gather a Tax in his Diocesse and sundry contempts against King Iohn his Lands and Goods were seised and returned into the Kings Exchequer by the Sherift of York-shire by the Kings command for which he excommuniting the Sheriff was suspended his Bishoprick and forced to pay a Fine of 1000 l. for his restitution After which for excommunicating those who collected a Tax for the King he was banished the Realm and his Temporalties seised for above five years time the See being kept void above ten years space in the Kings hand when he was first made Archbishop Thomas Corbrig Archbishop of York for obeying and preferring the Popes commands before the Kings in admitting the Popes Clerk to the Chapel of St. Sepulchres in York and rejecting the Kings about the year 1300. had for this his contempt three Baronies antiently belonging and annexed to his Archbishoprick taken away and kept from him by King Edward the first during the Archbishops life without restitution Alexander Nevil Archbishop of York was attainted of High Treason in the Parliament of XI King Richard the second his Temporalties and Estate seised and his Person adjudged to perpetual imprisonment in Rochester Castle who flying the Realm Pope Vrban made him Archbishop of St. Andrews in Scotland but the Scots refusing to own his Papal Authority he was stripped of both Archbishopricks and forced to live a poor Parish-Priest in Lovain till his death Richard Scroop Archbishop of York was condemned and beheaded for High Treason against King Henry the fourth and all his Temporalties Monies Goods seised and consiscated to the King An. 1405. George Nevil Archbp. of York Brother to Henry Nevil the Great Earl of Warwick a perfideous Traytor both to King Edward the 6th and Edward the 4th in the year 1472. was arrested of High Treason at VVindsor by King Edward the 4th all his Plate Money and other movable Goods to the value of 20000 l. seised for the King together with a Miter of inestimable value by reason of the many rich stones adorning it which the King broke and made a Crown thereof for himself the profits temporalties of hi-Bishoprick were taken into the Kings hands for above 4. years space and himself long imprisoned at Calis Guisnes for his Treason against the King Cardinal Thomas Wolsie Archbishop of York a most insolent proud ambitious covetous Prelate for his manifold misdemeanours Oppressions and high crimes against the King kingdom people and Kings royal Prerogative was first attainted in a Praemunire An. 21 H. 8. whereupon the K. seised all his Goods and took away the Great Seal from him After which the Lords and Parliament exhibited sundry Articles of High Treason and other Misdemenours against him Upon which by the Kings command he was arrested at Cawood of High Treason by the Earl of Northumberland in November 1536. his Plate Goods and Temporalties seised himself caried Prisoner towards London with intent to bring him to the Tower to be further proceeded against to a void which infamy he poysoned himself with a strong Purgation whereof he died at Leycester Abby after which the King seised all his Lands and Manors though a Cardinal and Archbishop To these Presidents of the Archbishops of Canterbury and York I shall annex the like of some other inferiour Bishops William de sancta Maria Bishop of London for interdicting the whole Realm and excommunicating King Iohn together with Edward Bishop of Ely and Maugerus Bishop of VVorcester who concurred with him in this interdict and excommunication to gratifie the Pope had all their Goods and Temporalties seised upon by the King Anno 1201. their Castles demolished and themselves banished the Realm for five years space Fulco Basset Bishop of London a great Stickler for the Pope against King Henry the third whom he oft affronted ●●●●essed the King and Pope might take away his Bishoprick his Miter and Crosier but not his Helmet and Sword wherein he most gloried and consided Henry Sandwich Bishop of London against his corporal Oath of Fealty and Homage to King Henry the third was a prime Stickler in the Barons wars against this King and Promoter of the Articles of Oxford in the forty
de Bromfield the 48th Bishop of Landaff was for a long time committed Prisoner to the Tower his Temporalties seised and Goods confiscated by King Richard the second for procuring and bringing in the Popes Bulls of Provision contrary to his own Oath and the Laws of the Land to make himself Abbot of Bury Richard Bishop of Bangor siding against King Iohn his Soveraign with L●olin Prince of VVales was taken Prisoner by the King in his own Cathedral Church and put to a ransom of 200. Hawks Roger Young Bishop of Bangor was imprisoned two or three years for his disobedience against King Henry the 4th and confederating with that Rebel Owen Glendor Arthur Bishop of Bangor was attainted in a Praemunire in the 36. year of King Henry the 8th for suing for the right of Patronage and Tithes of the Church of Langeyneiin in his Spiritual Court which belonged only to the Kings Temporal Courts for which he was put out of the Kings protection his Goods confiscated Temporalties seized and his Person adjudged to be imprisoned according to the Statute he sold away 5. fair Bells out of the Steeple of his Cathedral Giso Bishop of Bath and Wells had many conflicts with King Herald who forced him to fly the Realm and seized his Temporalties all his Reign Ioceline Bishop of Bath and Wells joyned with Archbishop Langhton and other Bishops in excommunicating his Soveraign King Iohn and interdicting the Kingdom for which offences his Temporalties were seized his Goods confiscated himself forced to fly and banished the Realm for five years space Robert Stillington Bishop of Bath and Wells for siding with the bloudy Usurper Richard the third at whose Coronation he was specially employed and for yielding assistance to Lambert the Counterfeit Earl of Warwick and other Treacheries was publickly accused of High Treason against King Henry the 7th and also arrested of High Treason in the University of Oxford whether he fled for Sanctuary imprisoned in the Castle of Windsor till his death Anno 1491. and his Goods and Temporalties seized William Barlow Bishop of Bath and Wells was attainted in a Praemunire by which his Temporalties and Goods were forfeited to the King Gilbert Bourne the 47. Bishop of Bath and Wells for denying the Queens Supremacy and refusing the Oath of Supremacy and Allegiance to her 1 Eliz. was deprived of his Bishoprick And to mention no more Presidents in so plain a Case August 4. 1641. Walter Bishop of Winchester Robert Bishop of Coventry and Lichfield Godfry Bishop of Glocester Ioseph Bishop of Exeter Iohn Bishop of Asaph George Bishop of Hereford Matthew Bishop of Ely William Bishop of Bangor Robert Bishop of Bristol Iohn Bishop of Rochester Iohn Bishop of Peterborough Roger Bishop of Landaffe and William Bishop of Bath and Wells were all of them joyntly and 2. of them particularly impeached by the Knights Citizens and Burgesses of the Commons House of Parliament for several high Crimes and Misdemeanors contrary to the Kings Prerogative the Fundamental Laws of the Land the Rights of Parliament the Property and Liberty of the Subject and matters tending to sedition and of dangerous consequence After which most of them with the Archbishops of Canterbury and York were committed Prisoners to the Tower their Goods and Temporalties sequestred and sold by sundry Ordinances of Parliament If any out of Ignorance or Prejudice should deem all these proceedings against the Persons and Temporalties of our Archbishops and Bishops from age to age illegal unjust or sacrilegious let them peruse the Statutes of 1 E. 3. c. 2. 14 E. 3. c. 3. 25 E. 3. c. 6. 2 R. 2. c. 7. 13 R. 2. Stat. 2. c. 8. 43. 16 R. 2. c. 5. 6 H. 4. c. 7. And the year books of 20 E. 2 Fitz. Corone 237. 16 E. 3. and 14 E. 3. Fitz. Quare non admisit 3 7 8 11 21 E. 3. 3 30 60. Book Contempts 5. 19. 22 E. 3. 22 26. Ass. 19. Brook Forfeiture 82. 106. 29 E. 3. 42. Fitz. Execution 159. 38. Ass. 22. Grant 1. 38 E. 3. 12. 46 E. 3. Praemunire 1. 10 H. 4. 6. 14 H. 4. 14. 8 H. 6. 3. 9 E. 4. 28. 27 H. 8. 14. 22 Brook Exigent 3 Stamford l. 2. c. 45. Cook 5. Report f. 12 13. 8. Report f. 68. Cooks 3. Institutes c. 36. 54. Sir Iohn Davis Reports f. 84. the case of Praemunire Upon perusal of all which it will most evidently appear that both our Parliaments and Judges have frequently declared resolved that both their Persons may lawfully be attached imprisoned banished executed their Temporalties seized and Goods confiscated to the King for their Offences Contempts Rebellions both by the Common and Statute Laws of England and therefore by like reason their Lands may be alienated and taken from them for their offences or abuses of them without sin sacrilege or injustice by our Kings and Parliaments beyond all contradiction as they have been from time to time both by the Emperors of Rome Greece Germany the Kings and Kingdoms of France Spain Hungary Italy Denmark Sweden Poland Scotland and Ireland as well as England 6ly That as the Lands and Temporalties of Bishops Abbots Cathedrals by their very first Charters of Endowments and Foundations were alwaies lyable to these 3. Temporal charges and Secular services though dedicated to God and his Church to wit Military Expeditions and Charges of War for the defence of the King and Kingdom the building and repairing of Castles and Bridges commonly expressed in antient Charters under this exception Exceptis Expeditione Pontis Arcis constrictione vel necessariis defensionilus Arcium quae nulli unquam possint laxari So if the Bishops and Abbots upon the Kings writs of Summons refused to send in their Proportions of Horse and Armes according to the Number of the Knights sees they held by and perform these Services to our Kings in times of War or Danger or denied to grant competent Aydes and Subsidies to our Kings when demanded their Temporalties Lands Goods Movables were usually seized into the Kings hands for this Contempt as is evident by Claus. 4● H. 3. m. 3. 6. Dorso the presidents of Archbishop Winchelsie and other Bishops forecited p. 52 53 c. So our Kings in times of War have frequently seized upon Archbishops Bishops and Church-mens Lands and given them to their Commanders and Souldiers witnesse the presidents of King Osfa and Kenulphus of old who took away sundry Mannors and Lands from the Archbishops of Canterbury which they partly divided amongst their Captains and Souldiers and partly retained to themselves with other presidents since And not only so but the Knights Citizens Burgesses and sundry Lords in successive Parliaments even in times of Popery have often pressed our Kings to take away sell and alienate the great superfluous Mannors Lands Temporalties of Bishops Abbots and Church-men for easing the Kingdom and people from Taxes and maintaining of Earls Nobles
If then it were neither Sac●iledge Impiety nor Injustice in these Parliaments and our Kings to take away sell alienate these Lands and Revenue of Priors Monks Monasteries and divert them from their primitive uses as our Bishops Dean and Chapters must grant as well as others or else renounce resign most of the Temporalties Rents Appropriations and Revenue they now enjoy originally belonging to Monasteries then by the self-same reason it can be no Sacriledge impiety or injustice for the King Lords Commons and Parliament upon the like grounds and considerations to take away sell alienate the temporal Land of Bishops Deans and Chapters if they offend or obstinately refuse to give the late Purchasers of them competent satisfaction for the Kingdoms Peace and Tranquility upon their commands and votes 9ly That is evident by our Histories Records Leager-books that all or most of the Manors Lands Tenements in England and Wales now in the possession of the King Queen Nobility Gentry and Commons of England have heretofore in some Age or other been solemnly consecrated devoted and given by their Ancestors to some Cathedral or Collegiate Church Abby P●io●y Nunnery Cell religious House or other or else by art fraud monyes vested in and setled on them in perpetuity as the Churches Patrimony Yet notwithstanding they have been alienated substracted or taken wholy from them in successive Ages and the inheritances of them setled in our Kings Nobles Gentry and Yeomanry without any scruple of Consciences or real or imported guilt of Sacriledge From whence it inevitably followeth That is the greatest part of all the Temporalties Lands and Revenues which our Archbishops Bishops Deans Chapters Prebends Abbots Priors Monks Templars Hospitallers and other Ecclesiastical or religious persons formerly enjoyed by as good right title in Law Conscience as those now or any of them yet enjoy them might be lawfully alienated or justly taken from them by our Kings Parliaments and Temporal Lords and may be still detained from them by the Purchasers of them their Heirs or Assigns without Sacriledge Impiety or Injustice Then by the self same reason the Lands and Temporalties they lately possessed or yet possess may upon any publick necessity or just occasion be alienated sold and taken from them by our Kings Parliaments Lords and Common without the guilt of Sacriledge or Impiety so as there be a competent maintenance left for the Evangelical Ministers Bishops and Pastors of Parochial Churches for the instruction edification and salvation of the Peoples souls committed to their charge There being the self-same reason of Sacriledge and no Sacrilege in alienating substracting selling detaining the major part of their Lands temporalties as of the Minor Or else if it be real Sacriledge to alienate sell detain any parcels of Lands or Temporalties formerly given by our antient Parliaments to others or vested in the Church or Church-men then all our Kings Parliaments Nobles Commons must be actually guilty of these sins and as far forth obliged in Justice Conscience to make full restitution of all Church-lands whatsoever formerly alienated or substracted as the late Purchasers of Bishops and Cathedral Lands and then the whole Kingdom or farre greatest part thereof must henceforth become the Churches and Church-mens Patrimony and our Kings Nobles Gentry Commonalty of all degrees their mere Homagers Vassals Farmers and Tenants at sufferance the antiquity of former alienations sales of Church-lands by our Ancestors if Sacrilegious and Impious rather aggravating than extenuating the Crime but no wayes justifying the Legality thereof it being a Maxime in our Law Quod ab initio non valet tractu temporis non convalescit and a Principle in Divinity that the older any sin is and the longer persevered in the more execrable and fit to be repented redressed and that Heirs Assignees and Successors are obliged to make restitution of sacrilegious Rapines as well as the immediate Authors of them 10ly That the Dispensation and Indulgence of Pope Iulius the 3d. himself Cardinal Pole Archbishop of Canterbury his Legate upon the Petition of all the Bishops and Clergy of England though Papists and the memorable Act of the whole Parliament of 1 2 Philip Mary c. 8. reciting them and confirming all alienations seisures sales of the Lands Manors Rents Revenues Goods as well of Archbishops Bishops Deans Chapters Prebends Cathedrals as of Abbots Priors Monks and other Religious Persons and Monasteries made by our Kings or Parliaments to the Crown and the Purchasers of all and every of them and their Heirs from the twentyeth year of King Henry the 8th till the first of Queen Mary during their revolt and pretended scisme from the Church of Rome and of all Ordinations Presentations Ecclesiastical Sentences and Proceedings for the publick peace benefit tranquility of the Church and Realm of England and satisfaction of Purchasors may for ever silence our Prelates and Cathedral mens loud cryes against the sacriledge of the late Sellers and Buyers of Bishops and other Cathedral mens Lands and enduce them to give the Purchasors of them full satisfaction by confirming their sales for a competent time For which end I shall transcribe so much of that memorable Act as concerns our present case and condition We the Lords Spiritual and Temporal and the Commons in this present Parliament assembled representing the whole body of this Realm reduced received by your Majesties intercession to the unity of Christs Church and the obedience of the Sea Apolike of Rome and the Popes holyness governing the same make most humble suite unto your Majesties to be likewise means and intercessours that all occassions of contention hatred grudge suspition and trouble both outwardly and inwardly in mens Consciences which might arise amongst us by reason of disobedience may by authority of the Popes holyness and by ministration of the same unto us by the most reverend Father in God the Lord Cardinal Poole by dispensation toleration or permission respectively as the case shall require be abolished and taken away and by authoritie sufficient these Articles following and generally all others when any occasion shall so require may be provided for and confirmed First that all Bishopricks Cathedral Churches Hospitals Colleges Schools and other such foundations now continuing made by authority of Parliament or otherwise established according to the order of the Laws of this Realm sithens this scisme may be confirmed and continued for ever Item that mariages made infra gradus prohibitos consanguinitatis affinitatis cognationis spiritualis or which might be made void propter impedimentum publicae bonestatis justitiae or for any other cause prohibited by the Canons only may be confirmed and children born of those mariages declared legittimate so as those mariages were made according to the Laws of the Realm for the time being and be not directly against the laws of God nor in such case as the Sea Apostolike hath not used to dispence withall That institutions of