Selected quad for the lemma: england_n
Text snippets containing the quad
|
ID |
Title |
Author |
Corrected Date of Publication (TCP Date of Publication) |
STC |
Words |
Pages |
|
A75504
|
An apology for purchases of lands late of bishops deans and chapters
|
|
1660
(1660)
|
Wing A3547; Thomason 669.f.25[75]; ESTC R330
|
7,707
|
4
|
AN APOLOGY For Purchases of Lands late of Bishops Deans and Chapters THere is no Institution to no end but whenever the Reason thereof ceaseth Bishops the Law or Institution it self doth in proportion relax its force The end for which the Bishop-pricks were endowed with such ample Revenues was to support the state and splendor of Barronage and Session in Parliament wherewith the Bishops were dignified as with Lay-â—ees the Honoraria of such their imployment Work and Wages are relatives If the imployment fails so doth the reason of the reward but by an Act of King Lords and Commons * 17. Car. c. 28. 17 Car. c 28. their being Barons Lords of Parliament is taken away and so the reason of their greatness The Bishops had severall capacities viz. Spirituall and Temporall and severall Revenues distinguisht by the names of Spiritualties and Temporalties The Spiritualties of a Bishop in the words of Dr Cowell a Dr Cowells Interpreter of Law-words dedicated to the late Arch-Bishop of Canterbury be these profits which he receiveth as he is a Bishop and not as he is a Barron of the Parliament Stawnford Pl. cor fol. 132. The Particulars of these may be the duties of his Visitation his benefit growing from the Ordering and Instituting Priests Prestation money that subsidium charitativum which upon reasonable cause he may require of his Clergy Johannes Gregorius de beneficiis cap. 6. num 9. and the benefit of his Jurisdiction Joachimus Stephanus de Jurisdict lib. 4. c. 14. num 14. for these reckneth Exactionem Cathedratici quartam Decimarum mortuariorum oblationum pensitationem celebrationem Synodi Collationem viatici vel commeatus cum Episcopus Râ—mam Proficiscitur Jus Hospitii Litaniam Processionem There are none of these sold The Temporalties of Bishops in the same Doctors words be such Revenues Lands and Tenements as Bishops have had laid to their Seas as Barons and Lords of the Parliament In former times when Parliaments were holden frequently almost every b 4. Ed. 3. c. 13.36 Ed. 3. c. 10. year and uncertainly at severall places as at Rutland c 10. Ed. 1. Acton Burnell d 11. Ed. 1. Winchester e 13. Ed. 1. Exeter f 14. Ed. 1. York Glâ—ster Carlisle and other remote parts the Bishops and Mitred Abbots who were Lords of Parliament could not without their great estates of Baronies defray the charge of so great journeys as became their dignity The g 4. Institut 35.45 Doderidge of Nobility 61. Abbots of Leicester and Northampton being summoned as Lords of Parliament and setting forth by Petition that they held not per Baroniam sed tantum in pura Eleemosyna were discharged but the Bishop of Winchester h Crompton 4. holding by Barony and departing from the Parliament without licence was arraigned in the Kings Bench. That they held their Lands as Temporall Estates appears Rott Patent 18 H. 3. m. 17. Mandatum est omnibus Episcopis c. Sicut Baronias suas diligant nullo modo praesumant consilium tenere de aliquibus quae ad Coronam Regis pertinent vel quae personam Regis vel statum suum vel statum concilii sui contingunt scituri pro certo quod si fecerint Rex inde se capiat ad Baronias suas The King did frequently upon their i 21. Ed. 3.3.5 Rep. f. 12 13. contempts seize the Temporalties of Bishops into his hands In time of Vacancy the King leaving the Spiritualties to the Ordinary seized the Temporalties into his hands and granted them during the vacation to whom he list see k Sr Rob. Cottons Abridgement Rot. Parliament 8 H. 4. num 91. The Temporalties of Durham granted to John of Lancaster the Kings Son and the Temporalties of the Bishop of London farmed out rendring to the King a Thousand pound per ann The King sometimes held the Temporalties a long while in his hands by delay of the Popes allowance of their Elections or of the Pall or of Consecration sometime there were double and treble Elections and Suites thereupon in the Court of Rome Lamberts Perambulation of Kent in Canterbury and Rochester 134.217.270 as upon the voidance of the See of Canterbury upon three pretences of Reynold the Subprior John Gray and Stephen Langton at another time the Monks of Rochester chose one Sandford for their Bishop the Monks of Canterbury opposed the Election challenging that the Pastorall Staffe or Crosier of Rochester ought of very right to be brought to their house after the death of the Bishop and that they ought to make the Election The difference was once compounded by Hubert de Burgh chief Justice of England but afterwards followed afresh at Rome three years together The King in such cases lackt a Lord in Parliament took the Temporalties to himself and left the Spiritualties to their proper Guardian but Lands are no Spiritualties Odo Bishop of Bayeux was Earl of Kent Osmond Bishop of Salisbury was Earl of Dorset and Seez Cambden 252.215 and in Scotland 11. and Robert Steward Bishop of Cathnes was Earl of Lenox and March When the first of these was in displeasure of the King and priviledged as a Bishop he was yet imprisoned as an Earl lost all his goods and was abjured the Realme The Bishop * Cambden 744. and 820. Pudsey and Walcher were Earls of Northumberland The Bishop of Durham l 4. Instit 218 220. 27. H. 8. c. 24. was a Count Palatine within his Bishopprick where he had Jura Regalia that is Temporall Courts Writs and Process in his own name a Power to make Justices to pardon offences and to have Royall Escheats The Bishop of Ely also had a Royall Franchise within the Isle of Ely The Bishop of the Isle of m 4. Inst Isle of Man Man had neither nor was he a Lord of Parliament So a Bishop may be a Bishop and no Earl or Lord partaker in the Sovereign or Legislative Power and then being allowed his Spiritualties hath all that is due to his Spirituall office By what divine Right or Pretence Deans and Chapters challenge so great Estates Deans and Chapters Non constat Were it so that the Gospell were now first planting here as in the Indies and a Bishop set up to advance the conversion of Infidels within such a Circuit it might be prudentiall while there were but few Ministers Selden of Tythes c. 6 7 8. and before the distribution of his Dioces into Parishes to associate divers Ministers together who should as Itinerants travell from place to place for the gaining and confirming of Believers as anciently in Boothes or Tents of hurdles occasionally set up in the fields G.M. on Doctor Ridleys view of the civill Law 197. Fullers Ecclesiasticall History 7. or at cross wayes or other publick places of resort And in such case their maintenance being brought into a common stock at the See or residence of their
Curator or Bishop in whom they centered their correspondence those who thus laboured in the Ministery should out of this common stock have their portions It is not unlike by the Trace of Antiquity but that it was so in England when a Diocess was but as one great Parish and Preachers sent about as Messengers And after interior or Parochiall Churches were founded at great distance the Parish Priests had not all the Tythes to themselves but a man might pay his Tythes to what * 4. Instit 641 642. Selden of Tythes c. 6 7 and 9. Dr Ridley 153. Priest he would and incase he neglected to pay any the Bishop and not the particular Curate of his Precinct recovered them the Bishops being treasurers of the Community their making dividends or Praebenda of such common stock to the encouragement of such Ministers as went up and down Preaching and were not otherwise provided for was not without Reason Now if Deanes and Chapters be such an association as make it their businesse to supply places void of Ministers and enlighten our dark corners they are worthily to be encouraged but if they claim shares or dividends out of a common stock Lands or Tithes only as companions to the Bishop or living in another Diocess or for vain pomp and grandure they have no interest in this Reason It seems that the Names Numbers and Functions of Deans and Chapters were not alike but various ad libitum of the founder For as to Names at St Davids a Cambd. 651. they were called Canons at Salisbury b Cambd. 248. â—rebends As to number at Chichester c Cambd. 307. Wells d Cambd. 232. c. they were thirty or more at Hereford eight and twenty e Cambd. 619. f Cambd. 337. at Canterbury twelve at Bristoll and Rochester but six And in their Functions there will be no less difference g Cambd. 238. if besides that some of them were Elective and some Donative h Cambd. 333. And besides the differences of Names and Numbers the meaning of Petty-Canons Petty-Prebends Residents and Non-residents be considered it seems some of them were Dignitaries sine curâ by their â—liles of Non-residence for whom the Church might be as little the better as for Italians and other aliens who had benefices here whom the flock never saw or heard any thing of but by their Collectors Cellerers and hard Names the Lord Cardinall of Agrifolio the Lord Cardinall Viverino c. Besides some of the Chapters were anciently Seculars and some Regulars the Seculars were Presbyters and as such by their Preaching and conversation might aid the Bishop in the cure of souls but Regulars viz. Moncks were lockt up in Cloysters and seldome or never went abroad 4. Inst 222. Camb. 741.161 Fuller How could such an Institution of a Chapter of Moncks contribute to the oversight of the Dioces Yet Prior and Covent of Monckes were the Chapters at Ely Durham Winchester Worcester Carlisle c. and these Chapters were dissolved with other Monesteryes and their Lands vested in the King who keeping part of the Lands or converting them to other uses Erected Deanes and Prebends of a fewer number in their places and in the New Sees of Chester Glocester Peterborrough c. What have these New Chapters to do more then the Moncks in some things not so much For the Moncks could by Election fill up void Seates in the Covent and choose their Bishop and Prior but many of these can neither choose Bishop or Deane the New Elections having advisedly made them * 1 Inst 95. Davis Reports 45. Donative at the Kings pleasure and under his immediate Rule and Order exempt from the Jurisdiction of the Bishop who could neither deprive nor visit them Some Bishoppricks had no Chapters particularly the Bishop of Meath a Cambd. in Ireland 95. in Ireland the Bishop there acts by the Counsel and Advice of the Clergy of his Diocesse The Bishop b Britania 755. of the Isle of Man seems to have had no Chapter for he was anciently chosen by the Moncks of Fournesse in Lancashire On the other side as these Bishops had no Chapter some had two c Leonards Rep. 235. Dier 58 283 12. Rep. 71. as Coventry and Litchfield The Bishop of Dublin had sometime two Chapters viz. Christchurch and St Patrick's in one Town A Diocesse of one single County hath sometimes had two Chapters as Bath and Wells Waterford and Lismoore whenas the Bishop of Lincolne before the late Erections of Oxford and Peterborrough had but one Chapter for his Dioces of eight Counties and part of more Upon this whole matter if some of them had special Functions which others had not if some of them were uncapable by their Order of Overseeing the Dioces if Jus Divinum sail in the necessity of their Constitution and if some Diocesses have none they may be look't upon as voluntary Institutions of several times and in several manners that might have been or not been at all And it will follow that there was no Moral everlasting Obligation of continuing Bishops Deanes and Chapters just in this or that fashion or altitude witnesse the Judgment of the late Primate of Armagh Former Alienations in his Sheet lately Printed of the Reduction of Episcopacy The Lands of Bishops and their Chapters were not more sacred than the Tithes of Preaching Ministers but such Tithes by their own old Law have been alien'd witnesse * Cambden 161 162. Selden of Tithes 3845 Vicaredges in England whose Incumbents had nothing but the Minutae Decimae and altarage or some Arbitrary Salaries when the Gleab and greater Tithes were appropriate to Bishops and their Chapters and in some places to Nunneryes though Nunnes were uncapable of the Ministry In other places to houses of Moncks who seldome or never went without the walls of their Cloysters and Sanctuaries who possessed not the Tithes as any part of the Evangelical Clergy or Priesthood In other places to the maintaining Souldiers in the Warres witnesse the Gleabs Tithes and Exemptions granted to Orders of Knights employed in the holy Warre witnesse also hundreds of Vicaredges whose Curates very well know that the Bishops Deanes and Chapters took the Tithes of their Parishes but came not at the people And no doubt but if Tithes might be thus aliened much more might Lands Bishops Deanes and Chapters might and anciently did alien their Lands themselves as well as any other Corporations witnesse Dorset House Essex House Arundell House Yorke House Lincolnes Inne and many other great Houses about London formerly belonging to the Bishops of Salisbury Bath and Wells Carlisle Norwich and Chichester c. And witnesse the Mannours of Sherborne and Kirton as by Mr Fullers Histories of Abbyes 270. and his 17 Century 27. Sometimes the Kings have Resumed Lands from the Church or Religious Houses so called as when the Abbesse and Nunnes a Cambden 362. of Barkley were with