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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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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
preserve Your Sacred Person in perfect health and safety to reign over them in all Prosperity Tranquillity Felicity and Glory till extreme old age and no other casualty shall translate You from a temporal to an eternal Crown in the Highest Heavens Which bath been is and alwayes shall be the daily Prayer of From my Study in Lincolns Inne Novem. 24. 1660. Your Majesties dutifull and Loyal Subjects WILLIAM PRYNNE An Antient Plea in Justification of the late taking away and Sales of Cathedral-lands c. IN the year of our Lord 1378. Iohn Wickliffe in the University of Oxford in his Sermons and Writings publikely asserted That the Lords temporal may lawfully and meritoriously take away their Temporalties from the Church-men offending habitually That if any temporal Lord do know the Church so offending he is bound under pain of damnation to take the Temporalties from the same That it is lawfull for Kings in causes licensed by the Law to take away the Temporalties from the Spiritualty sinning habitualiter that is which continue in the customs of sin and will not amend That whether they be temporal Lords or any other men whatsoever they be which have endowed the Church with Temporalties it is lawfull for them to take away the same Temporalties as it were by way of medicine to avoid sin notwithstanding any Excommunication or other Ecclesiastical Censure for so much as they are not given but under a conditon The Bishops of England conceiving their Great Lordly Minors and Temporalties to be much endangered by these Positions of Wickliff drew up these and other Positions of his into Articles of complaint against him and sent them diligently to Pope Gregory the XI at Rome with other Articles of a diffrent nature to the Number of 18. where they were condemned for heretical and erroneous by 23. Cardinals Hereupon Pope Gregory sent his Bulls to the Chancellor Universitie of Oxford King Richard the 2d and the Archbp. of Cant. to apprehend imprison and persecute Wickliff who was thereupon summoned to appear before a certain Convocation of Bishops at the Archbishops Palace in Lambeth where he justified these Positions by reason Scripture Canon and Civil Law After Wickliffe death 45 Articles being exhibited against him in the Council of Constance and these 3. amongst the rest That to enrich the Clergy was against the rule of Christ. That the Pope with all his Clergy having those possessions as they have be hereticks in so having and the secular powers in so suffring them do not well That the Emperor and secular Lords be seduced which so enrich the Church with ample possessions Thereupon Iohn Hus a most learned pious Bohemian Divine particularly justified these Positions of his amongst others against the censure of the Pope and Council of Constance before the whole Universitie of Prague in Charls Colledge in a particular Treatise De ablatione bonorum temporalium a Clericis delinquentibus printed at large in his Works in Latine Novemb. 1558. pt 1 c. For the most part translated into English by Mr. Iohn Fox in his Acts and Monuments London 1641. Vol. 1. p. 595. Which Book all Archbishops Bishops Deans Archdeacons and Canons Residentiaries were bound to have in their Cathedrals Halls and Great Chambers that it might be publikely read by their Servants and Strangers by the Canons made in the Provincial Synod of London Anno 1571. p. 5 6 7. whereby this Doctrine of Wickliff and Hus is not only tolerated but justified by them as orthodox and no wayes sacrilegious or heterodox as some now repute it The second Disputation in the Vniversity of Prague upon the seventeenth Article of John Wickliffe most fruitfull to be read proving by 25 Reasons out of the Scriptures How that Princes and Lords Temporal have lawfull Authority and Iurisdiction over the Spiritualty Churche men both in taking from them their Temporalties and correcting their Doings and Deserts TO the honour of almighty God and of our Lord Jesus Christ both for the trying out of truth and the profit of holy mother the Church according to the congregation of our University of Prage which avoiding alwaies to do that which shall be prejudicial to the truth hath deferred to give their consent unto the condemnation of the forty five Articles wishing even unto this present sufficient probation to be given of the condemnation of the said Articles and particularly of every one of them Whereupon the said University doth alwaies require due proof of the same forsomuch as Pope Damasus in his canon distinction sixtie eight chapter Chorepiscopi saith thus That it is necessarie that whatsoever thing standeth not by due reason should be rooted out Whereby it appeareth that the condemnation of the five and forty Articles if it stand not with proof and sufficient demonstration for every Article is necessary to be rooted out But if any man will object and say that to require a reason of every thing is to derogate from Gods divine power Unto this answer Master William doth answer himself in his Philosophy the first book almost at the end where he intreating of the place in the second Chapter of Genesis God made man of the slime of the earth c. hath these words For in what point say we are we contrary to the holy Scriptures if we seek by reason to declare wherefore any thing is done which is said in the Scriptures to be done For if that a wise man should say that a thing is done and do not declare how it is done and another man speaketh the very self-same thing and declareth how it is done what contrariety is there But for so much as they themselves know not the force of nature to the intent that they might have all men partakers with them of their ignorance they would have no man to inquire it out But they would have us beleeve as ignorant people neither to seek any reason of our beleef that the prophecie might be fulfilled Such as the people is such shall be the priest But we truly do say that in all things a reason is to be sought if it may by any means be found But if that any man do stay at any thing which the Scriptures doth affirm let him commit the same unto Faith and unto the Holy Ghost For Moses saith If the lamb cannot be eaten let it not be by and by consumed in the fire but let him first call his neighbour which dwelleth next house unto him and if they also be not sufficient to eat the lamb then let it be turned in the fire So likewise when as we goe about to seek any thing as touching the Godhead and that we be not able of our selves to comprehend the same let us call our neighbour which dwelleth next house unto us that is to say let us seek out such a one as dwelleth in the same Catholick faith with us and if then neither we neither yet he be able to comprehend the same
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
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
till September 11. An. 1100. at which time the King received him into his favour and restored him to his Bishoprick After which he fell again into the Kings displeasure and dyed of grief that he could not clear himself of the Rebellion charged against him which he was summoned to answer In the year of our Lord 1101. K. Henry the first upon the innumerable complaints to him made against Ranulph Flambard Bishop of Durham by the Vote of a whole Parliamentary Council clapt him up Prisoner in the Tower of London for a most notable Oppressor Extortioner Rebel Traytor prepared to act any wickednesse who was likewise created by VVilliam Rufus both Chancellor and Treasurer of England This Bishop afterwards escaping into Normandy perswaded Duke Robert to invade the Realm to the great disturbance thereof and effusion of much Christian bloud After which having purchased his peace with large Gifts ●et the K. exacted from him great sums seised on all his Goods Bishoprick Edgar King of Scots about the year 1100. gave the Town of Berwick to the Bishop of Durham but because he afterwards wrought Treason against him he lost the Gift the King thereupon resuming the Town into his own hands Hugh Pusar Bishop of Durham who purchased the Earldom of Northumberland of King Richard the first for giving a rude sawcy answer to King Henry the second had his Castle of Durham seised into the Kings hands Anno 1184. and otherwise was afflicted by him Anthony Beak or Bek Bishop of Durham excommunicating the Prior and Monks of Durham notwithstanding their Appeal to the Pope and King and going to Rome without the Kings License King Edward the first thereupon seised his Temporalties and Liberties and appointed a new Chancellour new Justices and other Officers of Durham During this his disgrace this King for his con●empts took away three Manors and the Church of Symondbury from the Bishoprick with divers other Lands He being with other Bishops put out of the Kings protection for denying to grant him an ayde he and they were forced to make their peace with large Gifts the grant of the fifth part of thier Ecclesiastical Goods and Revenues for one year After the death of Lewis Beaumont the Monks of Durham electing a Monk of their own for their Bishop the Archbp. of York consecrating him without the Kings License the King thereupon refused to restore his Temporalties to him and caused Richard de Bury without any election of the Monk or Chapter to be made and consecrated Bishop in his place whereupon the Monk retired into the Monastery Cuthert Tonstall Bishop of Durham for his disobedience to King Edward the 6th was committed Prisoner to the Tower of London Decemb. 20. 1551. where he continued all his Reign the King being so highly offended with him that in 7 E. 6. by a special Act of Parliament the Bishoprick of Durham was dissolved and all the Lands and Hereditaments thereof given to the King his Heirs and Successors though afterwards the Bishop and Bishoprick were restored by Queen Mary but in 1 Elizabeth this Bishop was deprived of his Bishoprick by Act of Parliament for refusing the Oath of Supremacy and opposing the Queens proceedings and committed Prisoner to Lambeth Our learned Martyr William Tyndal writing of this Bishop Tonstall observes That the cause why he left the Bishoprick of London for Durham was only covetousness and ambition Neither addes he is it possible naturally that there should be any good Bishop so long as the Bishopricks be nothing save wordly pomp and honour superfluous abundance of all manner of Riches and Liberty to do what a man list unpunished things which only the evil desire and good men abhor Roger the great rich Bishop of Salisbury who contrary to his Oath Duty and Allegiance to King Henry the first his Advancer and Maud his Daughter set up and made Stephen a Usurper King thereby involving the Kingdom in intestine bloudy wars and feuds all his Reign by a divine retaliation of his Perjury and Treachery had his Person imprisoned his 2. newly repai●ed Castles of Sh●rborn and Malmesbury with his stately new built Castle of Devises and all his ammunition and treasures in them seised upon with the ●astles of his Nephews and Creatures Nigellus Bp. of Ely Alexander Bp. of Lincoln for real or pretended offences which Castles K. Stephen refused to restore or to be judgd by the Bishops or their Canons in the Council of Winchester sommoned by the Popes Legate to debate the legality of their seisure by the King and to restore them to the Bishops which the King would by no means give his consent to do the Archbp. of Rhoan justifying the lawfulness of these Castles seisure in the Council as well as the Kings Lawyers Richard Milford Bishop of Salisbury was by order of the Barons in Parliament in XI R. 2. removed from the Court and imprisoned in the Castle of Bristol as a pernicious Whisperer Flatterer evil Counseller Traytor to the King and Kingdom William Ayscoth Bishop of Salisbury Confessor to King Henry 6. by his oppressions ill dealing and consenting to the yielding up of Anjou and Mayen to the hands of the French King so far incensed the Nobles and vulgar Rabble his Tenants too against him that in the insurrection of Iack Cade June 29. 1450. some of these Bishops Tenants coming to Ed●ndon in VVilishire whiles he was there saying Masse seised upon him even in the Church drew him from the Altar arrayed in his Pontifical Massing Vestments carried him to the top of a Hill not far off and there whiles he was kneeling on his Knees cleft his Head in two stript him naked to the skin and renting his bloudy shirt into several pieces took every man a rag to keep it as a monument of this their exploit Which though tumultuous and illegal in them was yet a just judgement of God upon himself for opre●sing his Tenants and other publick misdemeanours Anno. 873. Alfred Bishop of Leicester was deprived of his Bishoprick for his misdemeanours by King Elfred Vl● Bishop of Lincoln was banished the Realm and hardly escaped with his life together with Robert Archbishop of Canterbury and VVilliam Bishop of London by Edward the Confessor by the advise of his Nobles assembled in a Parliamentary Council for giving this good King wicked Counsel an incensing him against the English causing the King to infringe his good Laws and not to administer upright Justice to his People which he promised to reform upon their banishment Alexander Bishop of Lincoln was banished the Land forced to fly into Scotland and deprived of his Bishoprick Anno 1070. for opposing VVilliam the Conquerour as an Invador of the Church and ravishers of Ecclesiastical things the Norman Conquerors making bold with all the Money Chattels Charters they could find in any Monastery which they diligently searched by the Kings command who
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
taken away and setled in the King his Heirs and Successors And no longer since than 21 Iac. c. 30. York-house in the Strand was by special Act of Parliament by way of Exchange taken from the Archbishop of York and setled on King Iames his Heirs Successors and Assigns and after that on the Duke of Buckingham upon pretext that it was for the benefit of the Archbishops By all which Acts and Presidents it is most evident that our Kings Parliaments and Temporal Lords may not only seise sequester the Temporal Lands Goods Estates of Bishops and Church-men in cases of Delinquency and Contumacy but likewise substract alienate and sell them to supply the necessities of the King and Kingdom in times of war and extreme necessity without Sacriledge or Impiety which should cause our present Archbishops Bishops and Cathedralment to carry themselves with greater Loyalty and Dutifullnesse towards his Sacred Majesty with greater humility sobriety meeknesse and respect towards the Temporal Lords Commons and People than their Predecessors have done and make them very carefull of giving just offence or provocation to all or any of them especially at this present juncture of our Ecclesiastical and Civil Officers in so hopefull a way of future Settlement if their pride avarice ambition or indiscretion do not interrupt them 7ly That Archbishops Bishops Deans and Chapters themselves by their common consent may lawfully alienate sell and give away not only their Lands and Possession which were never solemnly consecrated but even their very consecrated Chalices Vestments and Ornaments of their Churches themselves though more peculiarly consecrated by Episcopal benedictions more immediately devoted to Gods service than their Lands and other Temporalties and that in cases of publick necessity or charity as to relieve the Poor in time of famine to redeem Captives to ransom their lawfull Kings to support their decayed Patrons and Benefactors to defend their native Country against invading Enemies or Christians against Infidels to prevent a greater mischief and for the benefit of the Church in general as sundry antient Councils and the Popish Canonists themselves have resolved Yea by the Popes consent without any of these Causes our Archbishops and Bishops might alienate sell morgage give away and dispose of the Lands belonging to their Bishopricks as the express clause in their Oath to the Pope not to do it without the Popes council and consent imports When our King Richard the first was most injuriously taken in his return from the Holy Land and for a whole year and three months space kept Prisoner by the Emperour of Germany and at last put unto a ransom of one hundred thousand pounds of Silver after the weight of Colen Anno 1093 the Kings Collectors being unable to levy so great a masse of moneys thereupon Majores quidem Ecclesiae thesauros ab antiquis congestos temporibus Ecclesiae Parochiales argenteos calices praemiserunt the Archbishops Bishops Abbots and Priors of all Conventual Churches gave the fourth part of their annual Rents and other inferiour Clergy-men the Tenth of their Tithes and the Cistercian Monks all their Wools towards his speedy ransom Yea the Chronicle of Brompton and others inform us that the Kings Collectors wanting monies after a double exaction of what they could scrape together from all parts Postrenis ut nulla vacaret occasio ad vasa sacra et utensilia Ecclesiae ventum est Ieaque per omnem Anglica regni latitudinem sacri Calices exactoribus regiis traduntur vel paulo infra pondus redimuntur Vasa etiam alia Cruces Praelatorum anu●● cum auro de Sanctorum fere●ris abra●o sunt conflaia Nec erat hoc secundum Patrum decreta illicitum cum urgen●tisimus necessiiatis ar●●enlus instaret Nec ulla erat distin●●●o in this necessity Clerici Laici secularis religiosi rustici urbani s●à omnes indifferenter juxtà substantiae suae vires vel redditum quantitatem pro redemptione Regia portionem suam solvere cogebantur Privilegia Praerogativae Iunnunitates Ecclesiarunt tunc silebant penitus et vacabant Omnis enim dignitas libertas os suam oppilabat Cisterciensis quoque ordinis Monachi qui ab omni exactione Regie hactenus immunes extiterant tantò magis tunc onerati suerant quantò minus antea publici oneris senserant gravitatem Exacti quoque conctilanam suarum ovium resignarunt And should not our Bishops and Cathedral men now for and towards his Majesties most glorious redemption and his three whole Kingdoms ransom from near twelve years exile and captivity and for the future settlement of our Churches Kingdoms in sound and lasting peace in pursuance of his Majesties most gracious Declarations and Engagements at Breda and the Generals Parliaments Engagements before his happy return into England to give competent satisfaction to Purchasers of their Lands not only part with their antient Treasures Chalices Miters Crosiers Church Ornaments Copes but likewise with their late alienated Temporalties and Revenues for competent terms of years of lives reserving the antient or an improved rent rather than violate the publick saith peace of the King Kingdom Parliament oppugn his Majesties royal Commands the Lords Commons Parliaments Souldiers and Peoples desires by unreasonable demands or indiscreet covetous and violent proceedings against Purchasors and Tenants which may indanger if not demerit the forfeiture reseisure and new sales of all their Lands and Temporal Revenues in case of obstinacy and dis-satisfaction herein The rather because our Bishops by the Laws of England before the Statute of 1. Iac. c. 3. and other restraining Acts might with the consent of their Deans and Chapters not only lawfully lease their Lands for how many years or lives they pleased but likewise alien and sell the Inheritance thereof or charge them with what Rent-charges they pleased especially by the Kings consent as the grant of a Rent-charge out of the Glebe of a Parsonage by the Patron or Ordinary in time of vacancy or of the Parson Patron and Ordinary joyntly to a Layman shall bind the Successours in perpetuity as is evident by the Statutes of 37 H. 8. c. 16. 1 Jac. c. 3. 33 H. 8. c. 31. Littleton sect 648. Cooks 1. Institutes f. 343 344 44 45. and many other Lawbooks Not to adde many Presidents to those forecited in so clear a case it is registred by Bishop Godwin of Iohn V●sly Bishop of Exeter in King Edward the 6th his Reign That of all the Bishops of the Land he was esteemed the best Courtier being better liked for his civil Behaviour than his Learning which in the end turned not so much to his credit as to the spoyle of his Church for of twenty two Lordships and Manors which his Predecessors had left unto him of a goodly yearly Revenue he left but three and them also leased out and where he found 13. Houses and Palaces too many by 12. for any one Apostolical Bishop well
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
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
c. 4 34 35 37. 1 Cor. 4. 11 12. 2 Cor. 6. 10. and other Texts though now decry'd in Presse and Pulpit as the only Sacriledge when none of these other kinds of real Sacriledge are once writ or preached against by them under the name or crime of Sacriledge which savors more of Passion than Devotion of Avarice than Prudence of Calumny then Verity of Self-interest than Christs interest On whom we may retort that of Tertullian in defence of the primitive Christians against the Pagans who reputed them sacrilegious for not adoring their Idols Tantum nos quos Sacrilegos existimatis nec in facto unquam deprebendistis nec in sacrilegio Omnes autem qui templa despoliant per Deos jurant eosdem colunt Christiani non sunt Sacrilegi tamen deprehenduntur But how are they found to be such to wit by their sacrilegious crucifying and dishonouring Christ through their sins by wresting the Scriptures breaking the sacred Law of Christ by contempt of his divine Majesty by polluting Gods worship with humane inventions innovations superstitions by buying and selling of Orders Benefices Bishopricks and Ecclesiastical Preferments and by mispending the Temporal Revenues of the Church upon their own Pomp Luxury Children Wives Kinred which in St. Bernards judgement is not only SACRILEDGE but likewise A DOVBLE INIQVITY which should cause them both to fear and tremble 2ly That the Popish Scholemen and Canonists themselves define Sacrilege formally and properly to be a quite other manner of sin than it is now reputed Formaliter proprie Sacrilegium est illud peccatum quod persona sacra agit contra ejus Sanctitatem directè That is Sacrilege is that sin which a sacred person commits directly against his Consecration As if a Bishop Minister Monk Nunne not Lay man Clergy man commits Adultery Fornication Drunkennesse or any other sin whereby he pollutes his soul or body which are the Temple of God and the holy Ghost and Members of Christ to the dishonor of his holy function and that Christian Religion and holinesse he professeth Whence they resolve Omne peccatum quod committet persona Ecclesiastica matet raliter quasi per accidens decitur Sacrilegium unde dicit Hieronimus Nugae●n ore Sucerdotis sunt Sacrilegium Hence Chrysologus Serm. 26. thus determines Ebrietas in alio crimen in Sacerdote Sacrilegium quia alter animam suam necat vinc Sacerdos spiritum sanc●itatis extinguit Salvian de Providentia l. 8. and Bochelius Sacrilegii genus est Dei odisse Cultores And Pope Innocentius cited by Alexander Alensis Sum. Theolog. Tom. 2. quest 171. m. 1. Quid sit Sacrilegium resolves committunt Sacrilegium qui contra divinae legis sanciitatem aut nesciendo committunt aut negligendo violant offendunt which Alensis acknowledgeth likewise to be Sacrilege And in verity the Scripture it self resolves nothing else to be properly Sacrilege under the Gospel but the violation of the sacred Law of God by Bishops Ministers or Christians and poluting profaning their souls and bodies which are or should be spiritual Temples of God and Members of Jesus Christ with grosse and scandalous Sins as is evident by Rom. 2. 22 23 24. Thou that sayest a man should not commit adultery dost thou commit adultery thou that abhorrest Idols dost thou commit SACRILEGE Thou that makest thy boast of the Law through breaking the Law dishonorest thou God For the name of God is blasphemed among the Gentiles thorough you Compared with the 1 Cor. 3. 16 17. chap. 6. 15 16 17 18 19 20. Know ye not that ye are the Temple of God and that the spirit of God dwelleth in you If any man defile or destroy the Temple of God him will God destroy for the Temple of God is holy which Temple ye are Know ye not that your bodies are the Members of Christ shall I then take the Members of Christ and make them the Members of an Harlot God forbid What know ye not that he which is joyned to an Harlot is one body for two saith he shall be one flesh But he that is joyned unto the Lord is one Spirit Flee Fornication he that committeth Fornication sinneth against his own body What know ye not that your body is the Temple of the Holy Ghost which is in you which ye have of God and ye are not your own For ye are bought with a price therefore glorifie God in your body and in your spirit which are Gods Since then every violation of Gods sacred Law and pollution of our souls and bodies by Fornication Drunkennesse and other scandalous sins is the only formal and proper sin of Sacrilege by the resolution of Canonists Casuists Scholemen Fathers and God himself in the Gospel And if as St. Ierom Bernard Alensis others determine those Bishops and Church men Sacrilegium profecto committu●● do verily commit Sacrilege who take the Revenues and Lands of the Church first given in Frankalmoigne to feed and relieve the poor and pervert them to support their own Pomp Luxury Avarice or to enrich themselves their Children Kindred or Posterities I wonder our Bishops and Cathedral men are so mute in declaiming preaching printing against these real Sacrileges in themselves and so Clamorous only against that which really is no Sacrilege in others 3ly The Canonists and Scholemen do generally define Sacriledge to be committed 3. manner of waies 1. Ratione personae as if any Layman lay violent hands upon hurt wound strike or abuse any Ecclesiastical or Religious person and why not likewise upon any King or pious Christian if Psal. 105. 14 15. Zech. 2. 8. be Canonical on whom Popes Prelates can lay violent hands dethrone murder without any Sacrilege 2ly Ratione loci as when any Civil Magistrate or other Officer takes a Thief Murderer Traytor Rebell Fugitive Malefactor or person indebted out of a Church Chappel Churchyard Monastery or other Sanctuary consecrated by a Bishop by force without or against the Bishops Abbots Ordinaries or Parsons consent and why not as well out of any Tenement Glibe House or other Lands belonging to Bishops or Church-men or out of any Hospitals Colleges Scholes dedicated to pious uses 3ly Ratione rei which is threefold 1. Auferendo sacrum de sacro by taking a sacred thing out of a sacred place as consecrated Priests Nuns Vessels Vestments Utensils Ornaments out of a consecrated Church Chaple Sanctuary or Churchyard 2ly Auferendo n●n sacrum de sacro by taking things not consecrated as Money Plate Goods Armour Amunition Cattle hid or laid up in Churches Chaples Chuch yards Monasteries Sanctuaries or Malefactors out of them or taking away any Goods Monies Chattles from Church men or Religious persons 3ly Auferendo sacrum de non sacro by taking any Person or things consecrated by a Bishop out of a prophane place though a Brothel Tave●n Alehouse Inue which consecrated Prelates
Priests Monks overmuch freequented of late and former times as well in England as in forein parts Now all these Sacrileges as they have no real ground or foundation in Gods word tending only to secure the persons goods of Prelates Church men and other Ecclesiastical persons and all kinds of Traytors Malefactors Debtors Bankrupts Cheates flying unto them and their Churches for Sanctuary and hiding their Goods within their precincts to protect them from the Kings and Civil Magistrates power Laws Officers Executions as our own Histories Statutes and Law-books resolve in the several cases of Thomas B●cket Archbishop of Canterbury Hubert de Burgo Earl of Kent Iohn Sa●age and sundry others See 50 E. 3. c. 6. 2 R. 2. c. 3. 21 H. 8. c. 2 7.4 H 8. c. 2. 26 H 8. c. 13. 28 H. 8. c. 7 13. 32 H. 8. c. 12 15. 2 E. 6 c. 2 13. 1 and 2 Philip and Mary c. 4. 1 Mary c. 6. 5 Eliz. c. 10 14 19 20. 13 Eliz. c. 7. 14 Eliz. c. 5. 18● Eliz. c. 3. Kelway f. 91 188 190 1 H. 7 10 23 29. Stamford l. 2. c. 38 39. Brook and Ash Title Sanctuary So the bare alienation or ablation of Bishops Abbots and Cathedral mens Lands by our Kings Parliaments or Clergy men themselves fall neither within the words nor intention of any of these Sacrileges extending only to sacred persons Goods and Chattels not to the sale of Mannors Land● Tenements Rents Temporalties of Church-men which is no Sacrilege either within the Canonists or Scholemens definition or division of Sacrilege 4ly That Hostiensis and other Canonists cited by him inform us That whoever doth any injury to Ecclesiastical persons commits Sacrilege and not only so but that it is Sacrilege for any man to question or dispute the Judgement or Decrees of the P●pe or to transgresse dis-respect any publick Laws not to yield due reverence to the Popes or Bishops Canons to violate an Holy-day to imploy a Jew in any Office or to oppresse any pious Place or Hospital under the Patronage or Protection of the Church But these things I presume our Bishops and Cathedral men themselves will ingenuously confesse to be no Sacrilege at all notwithstanding the Popish Canonists and Schole mens resolutions And by like reason the Kings or Parliaments alienation or ablation of their supefluous or abused Church-Land Temporalties must prove no real Sacrilege though some Popes Popish Canonists and Scholemen have concluded it to be so 5ly That Alexander Alensis and others resolve That it is Sacrilege for any Lay-Men with their Families Cattle and Goods to be received or enter into Churches Chaples or Churchyards or to eat drink and lodge in them in times of Peace But if they do it in times of War and Necessity to preserve themselves against the Enemies in cases of eminent danger as they did frequently during the Danish and Norman Invasions and during our Civil Wars then it is no Sacrilege at all Vbi est hujusmodi necessitas non est Sacrilegium If then the case of eminent danger necessity and War will make that to be no Sacrilege in this case which otherwise would have been Sacrilege Then by the self-same reason the Kings or Parliaments ablations sales of the Lands of Bishops Deanes Chapters Abbots Priors in times of War and publick Necessity to defray the vast debts and expences of the Kingdom will prove to be no Sacrilege at all by the definition of Popish Scholemen of old yea of some late Iesuits both in Germany and Spain as well as of Iohn Wickliff Iohn Hus and other fore-cited Protestant Divines and Martyrs concurring in Judgement with them FINIS ERRATA at the P●es●e P. 3. l. 3.25 r. 43. p. 26. l. 6. Almes ● Char●● p. 33. l. ●● 〈◊〉 r. praises p. 36. l. 9. r. this is p. 4● l. 28. Successors 〈◊〉 l. 19. Plancta p. 49. l. 19. dominii p. 50. l. 7. ●aica p. 62. l. 31. excommunicate p. 63. l. 5. Lord. p. 65. l. 11. Monks p. 84. l. 4. Officers r affairs p 91. l. 9. most r. just p. 93. l. 16. iuherent p. 94. l. 15. impated p. 100. l. 2. praesenti l. 26. relaxandi p. 101. l. 16. minus l. 29. consentientes r. 101. l. spiritualis p. 57. l. 38. Edward 6. r. Henry p. 63. l 1. r. N●●● Margin p. 48. l. 19. r. l. ● l 20. r. Anselm Glessarum Hunagium * Quem dabis mihi de numero Episcoporū qui non plus invigilet subd●●orum evacuandis marsupiis quam vitus extirpandis Ubi est qui orando flectat iram Ubi est qui praedicet annum acceptibilem Domino Pauci admodum sunt qui non quae sua sunt quaerunt Diligunt munera nec possint pariter deligere Christum qui a manus dederunt mammonae Bernard Sermo 77. super Cantica ‖ See Grotius de Jure Bell. l. 3. c. 10. a Acts 5. 42. c. 20 21 28 1 Cor. 9. 14 to 24. 2 Tim. 4. 1. 2. Rom. 15. 18. 19 20. Mar. 16. 16. a Eccles Hist Gentis Auglorum l. 3. c. 4. 28. l. 4. c. 3. b Actus Pontisicum Cant. col 1636 1637. c Beda Eccles. Hist. l. 1. c. 27. Spelman Concil p. 96. Surius Concil Tom. 1. p. 359. d Spalato de Repub. Eccl. l. 9 c. 7. 2. 36. Bernard super Cantica Sermo 77. Goncio ad clerum in concilio Rhemensi e Gervasius Dorob actus Pontif. Cant. col 1636 1637. Beda f Lu. 22 24 25 26. Vidos omnem ecclesiasticum zelum fervere sola pro dignitate tuenda Honori totum datur sanctitati nihil aut parum Bern. de consid ad Eugenium l. 4. c. 2. g 1 Tim. 2. 1 2 3. h Deut 33. 26 27. [a] Iohn Fox Acts Monuments London 1641. Vol. 1. p. 563 564. 565 566 587. * Fox Acts Monuments Vol. 1. p. 595. c An allegory upon the Paschal lamb A Protestation whereby he giveth light unto the Reader how the proposition aforesaid is to be understood and addeth that the goods of the clergy are not utterly to be taken away but in case they doe abuse the same Nabuchodonozor Ioas. Ezechias David Case of necessity Titus and Vespasian The example of Christ paying of tribute St. Ambrose his mind Christ commanded tribute to be paid unto the Emperor Paul appealed to the Emperor St. Ambrose there in the 8. distinct Daniel 2. St. Augustine Magistrates keepers of both Laws The duty of Kings to punish the Clergy Matthew 21. Wisedom 11. An objection of the desire of other mens goods St. Augustine 14. quest 4. 1 Cor. 3. The clergy subject unto the Emperor and King by means of their possessions Paschasius in 〈…〉 cap. 〈◊〉 The 〈…〉 the Clergy Gregory writeth to the French Queen Wicked Priests the destruction of the people St. Gregory to the French King * Beneficium propter affictum When and how the title of any gift is l●st It