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B25323 The assurance of abby and other church-lands in England to the possessors, cleared from the doubts and arguments raised about the danger of resumption in answer to a letter of a person of quality / by Nathaniel Johnston ... Johnston, Nathaniel, 1627-1705.; Coventry, William, Sir, 1628?-1686. 1687 (1687) Wing J872 65,925 215

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many thought The Templars were thus suppressed and four Years after the same Pope (h) Autographis in Archivis Scaccarii The Popes Bull to confer the Templars Lands upon the Hospitalers on the 17th of the Kalends of June 7 Pontificatus directs three Bulls one to the King another to the Arch-bishops Bishops c. and a third to the Nobility Earls and Barons of England the purport of which Bulls was that having had consultation whether it were better for the Professors of the Orthodox Faith in Hierusalem and for the relief of the Holy-land to give the Goods of the Templars to the Order of the Hospitalers of St. John of Jerusalem or to unite them to an Order to be Created anew as some affirmed it to be more profitable the business was debated in the Council at Vienna and the Pope grants them to the Hospitalers the Holy Council approving it and so hath thought fit to grant apply and unite their Goods to the said Hospitalers excepting till further order those within the Kingdoms of Castile Arragon Portugal and Majorca being without the Kingdom of France So the Pope intreats and perswades them to deliver to the Master and Brethren or Priors and Praeceptors of the said Hospitalers and their Proctors all the Goods of the said Templars entirely and peaceably (i) Sic igitur in praemissis vos promptos paratos exhibeatis quod praeter retributionis aeterni praemium quod inde merebimini vobis laudis humanae cumulus augeatur and that they would in the premises shew themselves ready and prompt whereby besides the praemium of Eternal reward which they should thereby Merit an Accumulation of human praise might be encreased to them Having thus considered what the Pope did about the Templars I shall shew you what the Parliament here did After reciting Statutum de terris Templariorum 17 Ed. 2. that the Military Order of Templars ceased and was dissolved c. Great Conference was had before the King in presence of the Prelates Earls Barons c. whether the King and Lords of the Fees or others which held those Lands which were the Templars might retain them by the Law of the Realm and with safe Conscience Whereupon the greater part of the Kings Council as well the Justices as other Lay persons being Assembled together the said Justices affirmed precisely that the King and other Lords of the Fees might well and Lawfully by the Laws of the Realm retain the foresaid Lands as their Escheats in regard of the ceasing and dissolution of the Order aforesaid But because the Lands c. were given to the Brethren of the said Order for the defence of Christians and the Holy Land against Pagans and Saracens and other Enemies of Christ and Christians and the Vniversal Holy Church and Canonized to the Augmentation of the Honor of God and liberal Alms-giving It is agreed ordained and established for Law to continue for ever That neither the King nor any other Lords of the Fees aforesaid nor any other person hath Title or Right to retain the said Lands c. Notwithstanding any Law or Custom of the Realm of England Wherefore our Lord the King by the mutual assent of the Earls Barons and Noblemen aforesaid of his Regal Authority in the same Parliament hath assigned and determined to deliver all the foresaid Lands c. To the Order of the Brethren of the Hospitalers of St. John of Jerusalem In which Act we may note that it was the Opinion of the Justices that they were Escheated to the Lords of the Fee and that they were only Transferred to the Hospitalers on account that they might perform the same service as the Templars had done It is probable you will ask me what I bring this relation for Objecti ∣ on since here is no Alienation of Church Revenues but only a suppressing of one Order for the great Crimes the persons were found guilty of as is recited in the first Bull and sequestring their Lands and Goods for some years and then entirely giving them to another Order then in being But if you consider the matter aright Answer ∣ ed. you will find more in it for the King and the Nobility having got the Lands and Goods thus in their Possession made no such Restitution as you think of For (k) Dugdales origines Juridiciales Tit. Temple Ed. 2. gave the Inner and Midle Temple the very chief House of their Order in England to Thomas Earl of Lancaster who forfeiting it shortly after it was granted to Adomar de Valence Earl of Pembrook and after to Hugh le Despencer for life The Temple given to Lay-Peers which Hugh being attainted 1 E. 3. the Right thereof devolved to the Crown and then the King restored it to the Hospitalers Temple-ne-wsom given to the Lord Darcy I might instance in many other places but I shall only do it in one viz. Temple-newsom in Yorkshire the account of which among my Collections I find thus (l) Esc 21. E. 3. n. 54. Inquisition being taken after the Death of John Lord Darcy called le Pere it is thus Recorded that the Manor of Temple-newsom some time was in the Possession of the Templars and after the deposing of them the King seized it into his hands and made a composition with the Brethren Hospitalers and gave it to Mary St. Paul Countess of Pembrook for Life the reversion to John Darcy and his Heirs Besides this in the 18 (m) Cart. 18. E. 3. M. 1. of E. 3. this John Darcy le Pere had free Warren granted him in Temple-newsom and Temple-Hyrst Com. Ebor. and Torksay Com. Lanc. and Ekington Com. Derby and Kirkly Com. Not. all which unless the two last certainly belonged to the Knights Templars And I have seen sufficient evidence that Temple-newsom at least continued possessed by the Family till it was forfeited by the Attainder of Thomas Lord Darcy towards the later end of H. 8ths time Surely you must yield that Alienations and Compositions for Religious Lands have been reputed valid in former Ages when the Canons of the Church and the Popes Authority were no ways questioned by the extruded A part of Lincolns-Inn is owned (n) Bucks univer p. 1072. Part of Lincolns-Inn and Grays-Inn formerly Religious Lands to have appertained to the Dominicans and by them Alienated to Henry Lacy Earl of Lincoln and Grays-Inn was part of an Ancient Prebendary of the Cathedral of St. Pauls So that we find the very Houses which are the Nurseries and Academies of the long Robe and where we may justly expect greatest care would be taken to be secure in their right have belonged to Religious Societies or the Dignitaries of the greatest Cathedral in England To descend nearer to our times I have seen the Bull of (o) Ex Autographo in Archivis Scaccarii Dissolution of several Monasteries to endow the College of Winsor Castle and Kings College Cambridge Pope Clement the 7th
method and secondly discover the disingenuousness of the Author and lastly exhibit the Summary of the Breves and the words of the material parts of them The Author of the Letter c saith Pag. 6. That Cardinal Pool left Rome in November 1553. and was dispatched with general Powers as Legat and afterwards viz. 8. March 1554. the first of the Breves was sent him which probably was an enlargement of the Powers given him at his first dispatch and those he saith very probably carryed more Grace and Favor than was intended or allowed of at first To this I answer he might have known that Cardinal Pool was returned from Rome long before November 1553. for he had taken up his Habitation at (d) 1o. Post initum Julii 3i. Pontificatum Anno c. Polus bona cum Pontificis Venia Roma excedere in quietum aliquem locum se recipere cupiens statuit Maguzanum secedere in coenobium quoddam Monachorum D. Benedicti Ordinis quorum ipse Rome Patronus atque ut illi appellant Protector erat remotum salubremque locum in agro Veronensi non procul à lacu Benaco positum Duditius vita Card. Poli. p. 22. Maguzano a Monastery of the Benedictines whereof he was Protector when the troubles begun in Italy by reason of the War betwixt the Emperor and France soon after Julius the 3d. was chosen Pope about Anno 1551. There he received the news of the Death of King Edward the 6th and the Assumption of Queen Mary to the Crown upon which he dispatched a Gentleman by Name Vincenzo (e) Vincentius Parpala homo magno rerum usu atque experientia praeditus Id. p. 23. Parpaglia Secular Abbot of St. Saluto to give the Pope notice of it and to offer himself for the Spiritual Assistance of England this Letter bears date from that place 7. August 1553. The Pope had about the same time received the same news and motu proprio declared in Consistory Cardinal Pool Legat à Latere for England The Breve of the Legacy (f) Pont. Maximus Polo Legationem in Angliam decernit eique amplissimas facultates etiam creandi Episcopos tribuit Idem p. 23. A. bears Date the 6th of August The Gentleman whom the Cardinal had dispatched met the Messenger who carried the said Breve about Bononia and understanding his business returned back with him to the Cardinal who upon the receit of it sent his own Gentleman with new Letters to Rome and removed in October from the Monastery (g) Iter mense Octobri Anno 1553. parat Maguzano ad Insulam Benaci Lacus proficiscitur Idem pa. 22. B. to a Neighboring place called the Isle of the Lake So that it appears that the Cardinal neither departed from Rome at first upon account of this Legantine Power nor ever returned thither any more As to the proceedings of the Pope the Emperor Charles the 5th and Cardinal Pool in the business of the Reconciliation the Marriage of King Philip with the Queen and the security of Abby-Lands from what we find in Dr. Burnets History Petro Soavo Cardinal Pallivicino our own Historians and the Author of the Letter to Dr. Burnet and what I have from the Relation of a Learned person the matter was thus The Popes desire was principally the Reconciliation of the Kingdom to the Church of Rome and it is not to be doubted it was his desire that this might be effected so as a Restitution might be made of the Abby-Lands and the losses that the Apostolic See had sustained since the Reformation might be repaired therefore it is not to be wondered at that Cardinal (h) Letter to Dr. Burnet The Reason why Cardinal Pools dispatch into England was so slow Morone should Write to Pool 13th of July that the Pope was not yet determined in the business of Church-lands but had spoken very often very variously concerning that matter Duditius gives a large account how the Emperor stopt the Cardinal at Dilingam a Town of the Archbishop of Augustane the Reason of which the Cardinal not understanding he resents it ill as a great disadvantage to the Conversion of England pag. 23.24 The Reason of all which was that the Emperor Charles the 5th having designed to Marry his Son Philip with Queen Mary made use of the Lord Pagets assistance as hereafter shall be shewn and the Emperor had an apprehension that his design in this might be thwarted by Cardinal Pool and the Lord Chancellor Gardiner For when the (i) Hist Reformation Part 2. fol. 258. and 259. The Reason of the Emperors staying the Cardinal is thus expressed by Duditus Queen sent Commendone afterwards a Cardinal to Rome to give the Pope assurance of her Filial Obedience and to move the Pope to send the Cardinal with a Legatine Authority He that Writes the Cardinals Life Insinuates that the Queen had another design for she asked Commendone whether the Pope might not Dispense with the Cardinal to Marry since he was only in Deacons Orders the Lord Chancellor Gardiner is also thought to have promoted (k) Caterum cupiebat Caesar ut post●a Intellec●ium est Philippo ejus Filio Mariam Angliae Regin●m nub re Quae res Anglis cum ●●rime probaretur nec vero Caesar nescius esset quanti Polum Regina multique in Anglia Primarii homines facerent cavendum st●●tuit ne quam ejus adventus moram nuptiis afferret pa. 24. A. Pools Pretensions to the Queen since her Marrying a Subject and not a Stranger would have made the Government much easier and more acceptable to the People and it would have been the best thing he could have done for himself because upon that Match he might have probably obtained the Archbishoprick of Canturbury Edward (l) Dugdales baronage part 1. fol. 643. Courtn●y Earl of Devonshire Son of Henry Son of Will. Courtney Earl of Devonshire and Katharine Daughter of Edward 4th in regard of his Royal Descent flourishing Youth and courteous disposition was also proposed as an Husband to Queen Mary But my Lord (m) Idem part 2. fol. 391. An. 1549. Paget one of the Executors of King H. 8th who in the 4th of E. 6th was sent Ambassador to Charles the 5th and the very next Year accused as one of the Complices of the Duke of Sommerset sent to the Tower bereaved of the Ensigns of the Garter and Fined 6000 l. Upon King Edward the 6th's Death he joyned with the Earl of Arundel to set up Queen Mary and upon her being Proclaimed at London Rid Post to acquaint her with it He apprehending the advantage would accrue by the Match of the Queen with Philip then Prince of Spain Eldest Son to the Emperor Charles the 5th so far prevailed that the Emperor gave him full Power to Transact it with that Queen and in one Afternoon he adjusted the matter with her and having a good share of Church-lands as well as several others no doubt he
he was by the Bishop of Winchester and several Nobles conducted to L●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 ill● abrog●sse●t iis sese pro tamo benefi●●o grati●s ag●●e●e● bab●tu●um semper quantas possit maximas atque hoc quidem Beneficium eo sibi contigisse gratius quod facultatem sibi praeberet vicissim illis Inservi●●i intanta re causâ quae tantopere ad eorum incolumitatem s●lutem pertineret seque Illuc propterea venisse at quemadmodum ab illis in terrenam patriam nobilitatem Restitutus ipse fu●rat ita rursu● eos in coelestem Patriam a● Nobilitatem Rest●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 ●●●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 ●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 oraeb●nt utpo●e quos Deus ab ●ac labe puros a●que Int●gros conservasse● veniam sibi à Pont. Max. per ejus L●ga●um Impetrarent ut in gremium ma ris Ecclesiae ta●quam Filii reciperentur quos eorum o●anium qu●e in ●llam an●e● deliquissent vere atque ex animo poeni●eret u●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 Re●d it aloud that all might hear it