did his utmost endeavors to get the Emperor to Insist upon the security of Abby-lands when he was sent with Edward (n) Duditiu◠vita Poli p. 26. Lord Hastings Master of the Horse about September 1554. to fetch Cardinal Pool as well as he had done formerly in his Negotiations with the Emperor with whom joyned William Earl of Pembrook the Lord Russel and Sir William Peters and many others equally concerned in Abby-lands When this Marriage was once agreed upon the unfortunate Courtney was soon forbid the Court to colour which his pretentions to the Lady Elizabeth and his Confederacy with Wyat were alledged The advantage the Emperor proposed to himself by the Marriage of Prince Philip to Queen Mary and how this contributed to the confirming of Abby-lands to the Possessors The Emperor having entertained the thoughts of this Marriage as of greatest advantage to him by joyning the great Kingdoms of England and Ireland to his House whereby he might not only be assisted with Naval and Land Forces against France but greatly assist his Netherlands by the Vicinity of England studyed all the ways he could to render the Match more acceptable to the English and by the composing Mens minds there and gaining a firm security that all might enjoy their Abby-lands prevent all occasions of Rebellion and the easilyer effect the Pope's and all Roman Catholics desires to have the Kingdom of England Reconciled to the Church of Rome He rightly apprehending that if those Lands were secured there would be no great difficulty to bring the Body of the Kingdom to return again to the Bosom of the Church he havin◠had large experience in his affairs of Germany what obstructions the matter of Church-lands occasioned By all this it is manifest to all unprejudiced persons how much it was the Interest of the Emperor King Philip the Queen and all her Subjects to get those Lands sufficiently secured that the Reconciliation might the easilyer be effected And it is the most improbable thing in the World that the Interessed persons would omit the due care to have them so secured as they might neither be in danger of a Resumption from the Church or State. The Pope wrought upon by the Emperor to enlarge the Powers of Cardinal Pool As to the Popes encreasing the Powers given to Cardinal Pool pian piano step by step the Reason of it is very evident since it might be rationally expected that it was for obtaining the great end of the Reconciliation that the Indulgences and Dispensations of of the Pope were granted and it could not be foreseen at Rome nor in the Emperors Court nor even in England at first how much would satisfie and that seems to me the evident Reason why the Emperor kept the Cardinal so long from passing to England till all things were adjusted at Rome and all satisfaction given in England in this as well as the Marriage These things appear even by the Confession of the (o) Pa. 13. Author of the Letter to Dr. Burnet for he owns that it appears by the Breve the 10th of July 1554. that the Pope in consideration of the Prince of Spains being Married to the Queen of England enlargeth Pools Powers an account of which the Cardinal sent to the Bishop of Arras by Ormanet (p) P. 16. And Duditus vita Poli pa. 23. who was not Secretary as this Writer saith but Auditor to the Cardinal for Anthony Floribellus was his Secretary The Bishop of Arras Writ to the Cardinal the 3d. of August following that the Emperor would send to England to know the State of affairs there which he thought must be done first before the Legat could go over Also in the Letter from the Cardinal (q) Pa. 15. to the Pope Dated from Bruf sels October 13th 1554. he gives his Holiness an account that he had told the Emperor that tho' as to matters of Faith the Pope would slacken nothing How far the Pope granted to yield nor shew any manner of Indulgence yet in the matter of the Church-lands in which the Pope was more at liberty he was resolved to be gentle and Indulgent And as to all the pains and censures that the Possessors had incurred and the Rents that they had enjoyed which were points of great Importance he was resolved to use all sort of Indulgence towards them and to forgive all nor had he any design of applying any part of their Goods either to himself or to the Apostolic See of which some were affraid and such regard the Pope had to the King and Queen of England (r) Pa. 16. that he was resolved to grant upon their Intercession whatsoever should be thought convenient to such persons as they should think worth gratifying or were capable to assist in the design of setling the Religion Yet it appears The cautious proceedings of the Emperor in proposing difficulties that this did not fully satisfie the Emperor who as our Author saith Answered with new delays and owned that since the Goods were Dedicated to God it was not fit to grant every thing to those that held them and therefore tho' the Cardinal had told him how far his Power extended yet it was not fit that it should be generally known The Emperor (ſ) Pa. 17. further gave him to understand that regard must be had to the ill dispositions of the parties concerned since the Aversion that the English Nation had to the very name of Obedience to the Church or to a Red Hat or a Religious Habit was so Universal that his Son had been advised to make the Friers that came over from Spain with him to change their Habits But tho' he had done it yet the danger of Tumults deserved to be well considered It is worth considering how disengenuous an Inference The disengenuous reflections made upon the Emperors difficulties the Author of the Letter makes from this that the Cardinal intended only to grant a general discharge to all the Possessors of the Abby-lands for what was past but resolved to give no grants of them for the future Note the Queen did Interceed for all except only to such as should Merit it and for whom the Queen should interceed and whose Zeal in the matter of Religion might deserve such a favor and that the Emperor intended no more and that he thought this should be kept as a great secret when as he well knew that the Powers given to the Cardinal were of great extent and that he fully executed them as I shall make it appear when I Treat of the Breves themselves and of the Dispensation of the Cardinal pursuant to them Having thus stated the matter of Fact I shall proceed to Answer the Objection more particularly which you insist upon First therefore Objecti ∣ on Objection that only moveable Goods were granted upon condition to restore the Lands as to what Dr. Burnet saith that the Cardinal in the Absolution put
he was by the Bishop of Winchester and several Nobles conducted to Lâ—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 illâ— abrogâ—sseâ—t iis sese pro tamo benefiâ—â—o gratiâ—s agâ—â—eâ—eâ— babâ—tuâ—um semper quantas possit maximas atque hoc quidem Beneficium eo sibi contigisse gratius quod facultatem sibi praeberet vicissim illis Inserviâ—â—i intanta re causâ quae tantopere ad eorum incolumitatem sâ—lutem pertineret seque Illuc propterea venisse at quemadmodum ab illis in terrenam patriam nobilitatem Restitutus ipse fuâ—rat ita rursuâ— eos in coelestem Patriam aâ— Nobilitatem Restâ—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 â—â—â—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 â—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 oraebâ—nt utpoâ—e quos Deus ab â—ac labe puros aâ—que Intâ—gros conservasseâ— veniam sibi à Pont. Max. per ejus Lâ—gaâ—um Impetrarent ut in gremium ma ris Ecclesiae taâ—quam Filii reciperentur quos eorum oâ—anium quâ—e in â—llam anâ—eâ— deliquissent vere atque ex animo poeniâ—eret uâ—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 Reâ—d it aloud that all might hear it
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
all the violations done to the Church to have risen from his Practice and that from France the president was imitated by others so that the example thereof passed the Alps into Italy and mounted above the Pyrenean Hills into Spain and within a short time Sailed over into England in such sort that even to this day sundry Monuments of it appear where any Title of Immunity for payment of Tithes is challenged in any place reaching beyond the Lateran Council and tells out of the Legend (l) Apud Servinum Tom. 1. fol. 10. of Eucherius or some (m) Gratian c. 16. q. 1. Authors else what you may find there and in Paulus Aemylus That Eucherius (n) Sepulcrum inane nullis humani corporis vestigiis reliquiisque apparuisse dicitur Intus vastitas borror diraque species ac velut incendio atrum ld Aemyl vita Chilperic Bishop of Orleance being warned in a Vision took Fulrade Bishop of St. Dennis to Martels Tomb where he had but lately been Buried and how they found only a Serpent in the Grave otherwise empty and no Foot-steps or marks of an human Body there but all within black as if it had been burnt I know this Legend is questioned by Baronius and Mr. Selden saith Eucherius was Dead before Charles Martel and will no ways allow Tithes to be then so setled But I think it cannot be questioned what a Learned (o) Father Simons History of the Original and progress of Ecclesiastical Revenues p. 40.41 Priest and Antiquary observes that when Barbarous Kings became Masters of a part of the Roman Empire the great want that Princes were engaged in was the cause that so great parts of the Revenues of the Church fell into the hands of Lay-men and that they made contracts of Alienation about them as about other possessions and those contracts past for lawful when they were made in the usual Form. I had composed a large Collection of the Infeodations of Church-lands Infeodations whereby for small Rents and Services great portions of such Lands were given in Fee from Bishops Abbots and Priors to Knights or other Secular persons to answer the Services due to the Prince from the Bishops c. but you may find them in Mr. Seldens History of Tithes Sect. 113.117 and other places By custom also Lay-men held Tithes Customs and other Religious Lands paying either no Tithe to Parochial Churches or very little for which you may consult the same Mr. Selden pa. 181.186 187. There were also Arbitrary Consecrations Arbitrary Consecrations Tit. de locat conduct clericis verbo portione Modus whereby the Patron gave sometimes a third half or two thirds to the Church reserving the rest to himself and his Heirs for which you may peruse Linwood Also Modus of Tithes was another Infringement of the Canons for which see Mr. Selden pa. 288. Exemptions likewise were in use Exemptions granted to certain Religious which was contrary to the Ancient Canons of paying Tithes to the Baptismal Church and was restrained by Pope Hadrian the 4th to the Cistertians Templars and Hospitalers Compositions or by compositions the Church-Revenues were Decreed For which you may consult Mr. Selden p. 408. I purposely pass these by tho' they be so many several instances that the Canons did not universally bind against all Alienations lest I should swell this Treatise too big SECT IV. Several Instances of particular Alienations of Church-lands more Modern in England I Shall now descend to latter evidence of Alienations of Church-lands transferring their Revenues to the endowment of Colleges or other Charitable Uses or encreasing the Exchequer of Princes and suppressions of Orders even by the Bulls of Popes long before the Reformation Pope Clement the (a) Ex Archivis Scaccarii Ex Autograph The suppression of the Knights Templars 5th by his Bull dated at Poictou the 10th of the Kalends of December 3o. Pontificatus Anno. 1307. Ordered the seizing of the Knights Templars here in one night according to the example of the French King and gave the Custody of their Lands and Goods to King Edward 2d till further order from the Apostolic See. In this Bull the King is required (b) Sic prudenter sic caute sic secretariorum tuorum consilio studeas ordinare quod omnes singulos Templarios Regni tui eorum bona mobilia immobilia capi facias vno die personas eorum in locis tutis sub fida custodia detinâ—re with the Council of his wise Secretaries so prudently so cautiously and so secretly by good Men of whom there may be no suspicion of imbezling their Goods in one day to cause to be seized all and singular the Templars in his Kingdom and all their Goods movable and immoveable and to keep their Persons in safe places in Faithful Custody and commit the custody of their Goods Movable and Immovable to certain good persons of whom it is not likely that in this or the like matters they will use any deceit and all this to be done till it be otherwise ordered by the Pope c. This (c) Concil Viennense General Council of Vienna was Celebrated Anno Domini 1311. Under Pope Clement the 5th In the Sentence of the Pope I observe these expressions (d) Ad providentem Christi Vicarii praesidentis in specula Apostolicae dignitatis circumspeâ—tiâ—nem pertinet c. It belongs to the provident circumspection of Christs Vicar presiding in the Watch-Tower of Apostolic Dignity c. After reciting how the Order of the Knights Templars had been Instituted and the Crimes of the present Knights he saith not without bitterness of Heart and griefs the Holy Council approving it not by way of definitive Sentence because he could not do that by Law according to Inquisitions and Process but by way of Provision or Apostolical Ordination (e) Irreffragabili perpetua valitura sancivimus sanctione with a Sanction Irreffragable and perpetually to be of force he hath Decreed the said Order to be prohibited perpetually suppressing it Strictly forbidding any for the future to enter into the said Order or receive the Habit or to repute himself a Templar And by Apostolic Authority hath appointed (f) Vniversa etiam bona ordinu praelibati Apostolicae sedis Ordinationi dispositioni Authoritate Apostolica duximus referenda all the Goods of the foresaid Order to be referred to the Ordination and disposition of the Apostolic See. Concerning this matter (g) Chron. His Fargiensi Trithemius the Abbot Writes thus the Order of Templars which had stood almost 182 Years was condemned by Pope Clement and in one day abolished through the whole World at the Instance of Philip King of France by whose promotion the Pope was Elected The Templars saith he were very Rich whose Possessions that the King might acquire to himself he accused them of Heresy and proscribed them to be totally extinguished as
persons of the Augustan Confession they only addicted to that Religion shall be deputed and so of the Catholics and if it be betwixt Catholics and Augustans then the Commissioners to be equal In the 19th Section It is ordered that in causes of Religion and in all other things where the State was divided in the points of Religion all differences and suits should be ended by Amicable Composition (k) Non attenta votorum pluralitate and not by plurality of Vote I might Transcribe the whole Treaty with some Advantage to the design of composing Mens minds not to apprehend the danger of Resumption and to shew how the Germans have accommodated Matters and live Amicably in the several professions of their Religion with great advantage as to Peace and Concord without Tests and Persecution for Religion But I dare not lengthen this Letter too much and so must refer you to the Treaty it self Concerning the Nuncios Protestation and the Popes Bull against the Treaty As to the Objection of the Nuncio's protesting and Pope Innocent the 10th's Bull against it you may easily conceive that it stood not with the Dignity Honor or Ecclesiastical Interest of his Holiness to give his open Assent to such an agreement as allowed not only such a publick exercise of a contrary Religion but spoyled the Church of such great and Opulent Arch-bishopricks as Magdeburg called the Metropolis of Germany or that of Bremen Erected into a Dukedom or of the Rich Bishopricks of Osnaburg Minden Halberstadt and Verdon together with most of the Great Monasteries and Church-lands of the North part of Germany which were swallowed up by the Reformed Princes Tacit connivance of the Pope Yet that there has been a Tacit Connivance or Confirmation of this appears in that the Pope (l) Artic. n. 122. disturbs not the same and in Anno 1657. Ten years after the said Treaty the French King in the Treaty betwixt him and Spain Styles himself a Confederate for the Maintainance of the Treaty of Munster yet neither the Pope who was Alexander the 7th Nuncio at the Treaty of Munster or his Plenipotentiary dissallowed the Title The present Duke of Bavaria (m) Castlemain pa. 248. What Catholic Princes in Germany enjoy Religious Lands as well as his Father Maximilian not only enjoys the Revenues of several Abbies but have endowed new Colleges with some of the same Lands and charged others with great Pensions and all this with the Popes positive consent The Duke of Newburg also that now is Palatin hath obtained a dispensation for what he and his Father possessed since Luthers time which belonged to the Church and the Landgrave of Hess has obtained the like However since upon the account of these Treaties That the Reformed Princes enjoy the Religious Lands notwithstanding the Popes Bull prohibiting it Therefore greater security here where confirmed by two Popes betwixt the Empire King of France and Sweden with the Concurrence of the Catholic Princes of Germany as well Ecclesiastical as Secular these so great Portions of Church-lands are enjoyed to this Day peaceably by the Reformed Princes and States notwithstanding the foresaid Protestation and Bull of the Pope so directly dissallowing thereof It is to me a very Convincing Argument that we in England have no reason to fear any Resumption of such Lands when they are so well Confirmed by Act of Parliament and have obtain'd the Confirmation of two Popes Neither is it so new a matter as some may imagin that an Act of Parliament in England hath been here Judged valid tho' it Diametrically thwarted a Canon of the Church which is evident in the Statute (n) Stat. Merton c. 9. of 20 H. 3. the words are To the Kings Writ of Bastardy whether one born before Matrimony may Inherit in like manner as he that is born after Matrimony all the Bishops answer that they would not nor could not answer to it because it was directly against the common Order of the Church See Fortescue de Legibus c. â—9 Selden Comment and Waterhouse Comment fol. 466. and 483. and all Bishops Instanted the Lords that they would consent that all such as were born after Matrimony should be Legitimate as well as they that be born within Matrimony as to the Succession of Inheritance for so much as the Church accepteth such for Legitimate And all the Earls and Barons with one voice answered That they would not change the Laws of the Realm which hitherto have been used and approved This is esteemed as good a Statute Law as any in the Printed Books or upon Record and yet it is most evident that the Church judgeth otherwise as is apparent in the (o) Decret Greg. Tit. 17. c. 1. Decree of Pope Alexander the 3d. Circa Annum 1159. 5o. H. 2. to which I refer you SECT VII Whether Cardinal Pools Confirmation of Church-lands to the Possessors was delusory or not IN the next part of your Letter you take up another of Dr. (a) Hist Reformation lib. 2. p. 298. Burnets Arguments That Cardinal Pool's Confirmation was an Artifice and the Point was carried by those who did not understand the true danger their Estates were in But considered the present Advantages they were to have from the consenting to the Act. The Reason he gives for this Assertion is because the Cardinal gave a charge to all to be afraid of the Judgment of God that fell on Balthazar for converting the Holy Vessels which had been taken by his Father and not by himself to profane uses which saith the Doctor was to pardon the thing and yet call it Sacrilege and that it was studiously designed to possess the People with an opinion of the sin of retaining Church-lands so that the Confirmation might be looked upon as an Indempnity and Permission to keep them rather than a Declaration that the Possessors had a Lawful Title This you enforce from the Authority of (b) Letter to Dr. Burnet one who assures us he had met with a Register of Cardinal Pool's Letters and among them the two Breves and the Letters that passed betwixt the Cardinal and the Bishop of Arras who was afterwards Cardinal Granvil and others that passed betwixt the said Cardinal and the Cardinal de Monte and Cardinal Morone and Soto the Emperors Confessor and some from Cardinal Pool to the Pope and to King Philip. This Gentleman having said this to gain himself credit with his Readers proceeds to prove that it was never intended to confirm the Alienation that was made of the Abby-Lands and you having made an Abbreviation of what he there lays down to make a plausible proof I shall Insert them justly But because these require distinct Answers that I may both shew the Infidelity of the Author of this Letter and the designed misapplication of the whole you must give me leave to shew first in General how the whole business was Transacted and the Reasons of the
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 postâ—a Intellecâ—ium est Philippo ejus Filio Mariam Angliae Reginâ—m nub re Quae res Anglis cum â—â—rime probaretur nec vero Caesar nescius esset quanti Polum Regina multique in Anglia Primarii homines facerent cavendum stâ—â—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. Courtnâ—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
to desire him to Establish the Sale of Abby and Chantry Lands for the Lords and the Parliament would grant nothing on the Popes behalf before their Purchases were well secured As to a Messengers sending no doubt several dispatches were made to and from Rome during this Transaction but I cannot conceive that in so short a time a Currier could go and come from Rome and bring new Powers to the Cardinal yet I will not insist upon that But I believe he Writes truly that what preparation soever was made by Debates Conferences c. concerning the Repeal of other Laws against the See of Rome they never passed into Bills till the Bill for securing Religious Lands was perfected Hence we may conclude the Reason why the Solemn Procession related in Mr. Fox was not till the 25th of January after this Parliament was Dissolved which was on the 16th of the same Month which Procession (m) Hist Reformation part 2. fol. 300. Dr. Burnet saith was to thank God for the Reconciling them again to the Church And to keep up a constant remembrance of it it was ordered that St. Andrews Day should be still observed as the Anniversary of it and be called the Feast of the Reconciliation and Processions with all the highest Solemnities they at any time use were to be on that day Duditius tell us That there was every where great (n) Vita Cardinalis Pol. p. 30. De Angliae ad Pristinam Fidem reditu magna ubique gratulatio facta est magnaque laetitiae significatio Omnibus locis supplicationes decretae ac meritae Deo gratiae actae sunt Praeterea Julius III. Pont. Max. amplissimum Jubilaeum promulgavit rejoycing for the return again of England to the ancient Faith and great expressions of the joy In all places Prayers being decreed and due Thanks returned to God. Besides which Pope Julius III. published a most ample Jubilee upon that occasion And there was good reason for it in all the Territories of the Roman Catholic Communion that had any regard for England since it was the greatest revolution of that Age and no less to be wondred at than that K. Henry VIII could suppress so many Abbies in such a way as he did Having given you this prospect of the conduct of this great affair I come now to the Act if self which in Pulton is entituled All Statutes against the See of Rome repealed The Act wherein Abby-Lands are confirm'dto the Possessors 1 2 Ph. Mar. 6.8 The first supplication for reconciliation Repeal of several Statutes according to promise The Act first recites That much false Doctrin had been preached and written since the 20th of King Henry VIII How Cardinal Pool was sent from Rome Legat de Latere to call the Realm into the right way from whence it had strayed Then relates at length the supplication of the Parliament to the King and Queen to be a mean to reduce them into the Catholic Church by their intercession with the Legat-Cardinal for which I refer you to the Statute Then immediatly follows a Repeal of all Statutes made against the Supremacy and See Apostolic since the time of the Schism in accomplishment of their promise made in their supplication Upon which at the intercession of their Majesties by the Authority of their holy Father Pope Julius III. and of the Apostolic See they were assoyled How they were absolved discharged and delivered from Excommunications Interdictions and other Censures Ecclesiastical which had hanged over their heads for their said defaults since the time of the said Schism mentioned in their supplication Second supplication for taking away all occasion of contention Then follows another supplication to their Majesties That all occasion of contention hatred grudge suspicion and trouble both outwardly and inwardly in mens consciences which might arise among them by reason of Disobedience might by Authority of the Pope's Holiness and by ministration of the same unto them by Cardinal Pool by Dispensation Toleration or Permission respectively as the case shall require be abolished and taken away After some other things follows in these words Concerning Abby-Lands c. Finally when certain Acts and Statutes have been made in the time of the late Schism concerning the Lands and Hereditaments of Archbishoprics and Bishoprics the suppression and dissolution of Monasteries Abbies Priories Chantries Colleges and all other the Goods and Chattels of Religious Houses since the which time the Right and Dominion of certain Lands and Hereditaments goods Chattels belonging to the same be dispersed abroad and come to the hands and possessions of divers and sundry persons who by Gift Purchase Exchange and other means according to the Laws and Statutes of the Realm for the time being have the same For the avoiding of all scruples that might grow by any of the occasions aforesaid or by any other ways or means whatsoever The Petition of the two Houses to the K. Q. to be Intercessors to Card. Pool to confirm Abby-Lands it may please your Majesties to be Intercessors and Mediators to the said most Reverend Father Cardinal Pool that all such causes and quarrels as by pretence of the said Schism or by any other coccasion or means whatsoever might be moved by the Pope's Holiness or by any other Jurisdiction Ecclesiastical may be utterly removed and taken away so as all persons having sufficient Conveyance of the said Lands and Hereditaments Goods and Chattels may without scruple of conscience enjoy them without Impeachment or Trouble by pretence of any General Council Canons or Ecclesiastical Laws and clear from all dangers of the Censures of the Church Before I proceed further I think fit to note That by the consent of both Houses it seems clear that they looked upon those Lands to be well secured according to the Laws of the Land which appears because I find in the Journal of the (p) Second Parliament 1o. Mariae Bill prepared before the Cardinal's arrival Commons House That upon the 25th of April 1555. a Bill was engrossed that Bishops should not convent any person for Abby-Lands and the next day I find the Bill passed their House that the Bishop of Rome nor any other Spiritual Person shall convent any person for Abby-Lands So that what is to be cleared is that for removing of scruples of conscience and preventing the causes and quarrels moved by the Pope See-Apostolic or any other Ecclesiastical Jurisdiction there was effectual course taken The Clergy in Convoâ—ation petition that the Lands may be confirmed Therefore because that part in the Act is put in Latin whereby every Reader of it doth not or will not observe the force of it I shall render the most material passages of it into English First the Bishops and Clergy in Convocation present their supplication to the King 's and Queen's Majesties shewing That they viz. the Clergy were the Praefects of the Church The Clergy petition
indistinctly released to those that possess them yet he would Admonish them that having before their Eyes the severity of the Divine Judgment against Balthazar King of Babylon who converted to prophane uses the Holy Vessels not by him but by his Father taken from the Temple if they be extant they will restore them to their proper Churches or to others The meaning of which I have before explained Then follows Exhorting also and by the Bowels of the Mercy of Jesus Christ vehemently intreating all those to whom this matter appertains that not being altogether unmindful of their Salvation at least they will do this that out of the Ecclesiastical Goods principally of those which were specially destined for the support of Parsonages and Vicarages that in Cathedrals and other Inferior Churches now in being it may be so provided for them that have the care of Souls that their Pastors Parsons and Vicars may Commodiously and Honestly according to their Quality and State be maintained whereby they may Laudably exercise the Cure of Souls and support the Incumbent Burthens This is Dated at Lambeth 9th of the Kalends of January the 5th of Pope Julius the third Then follows in the same Act the Confirmation of all these in the most General Comprehensive and particular words that the Wisdom of that Age could devise to Comprehend all the Religious Houses Colleges Chantries Hospitals Guilds Fraternities Obits c. so Alienated The Caution used in securing the Lands not to be doubted It is not to be doubted but our Ancestors who had so lately acquired those Abby-lands and were in much more eminent danger of a Resumption than we are in this Age would be as cautious to have these Confirmed to them by all the Laws Ecclesiastical and Civil as could be contrived for their firm security And that the Legats Absolution and Remission were sufficient according to the Canon Law will not be denyed by any who hold the Authority of the Pope in such matters since the Pope Conferred upon the Cardinal his own Power to do in that affair as much as if he had been Personally present he could have done sine in one place it is expressed that the Legat acted by the (Å¿) Per Autoritatem Sacratissimi Domini nostri Papae cujus vices sustinemus Authority of the most Holy Lord the Pope whose Person Character or Power he hath for the word Vices Implys that he was his Compleat Substitute to do as much as he could do and in another place of the same Absolution he expresseth his Powers thus by (t) Authoritate Apostolica per literas c. nobis concessas qua fungimur in haec parte Apostolic Authority by the Letters of our most Holy Lord the Pope Julius the third granted to us and with which Authority we are impowered in this particular Whoever considers this Act and attentively will peruse it as it is Printed in our Statutes or is upon Record in the Roll must conclude it had all the Authority that either an Act of Parliament in England or a Constitution of the Pope by his Bull can give it and I hope I have sufficiently cleared it that by the Canon Law and continual Practice of the Pope he hath a full Power to Establish and make valid what he did in this particular SECT IX The Exceptions against this Assurance of Abby-lands to the Possessors that it was not confirmed by Pope Paul the 4th fully Answered YOU are pleased to endeavor to Invalidate the force of this Spiritual and Temporal Act Pietro Soave's Assertion that Pope Paul the 4th did not confirm Abby-lands by producing the Opinion and assertions of Father Pietro Soave Polano in his Council of Trent and one or two Gentlemens whose Sentiments you so zealously have embraced The words of Soave (a) Fol. 367. are thus rendred into English by Sir Nathaniel Brent John Peter Caraffa by the Name of Paulus 4us being Created Pope 1555. On the first Day of his Papacy the English Ambassadors from King Philip and Queen Mary entred Rome viz. The (b) Hist Reformation part 2. fol. 300. Viscount Montacute the Bishop of Ely and Sir Edward Carn there being one to Represent every State of the Kingdom sent to make their Obedience to the Pope and to obtain a Confirmation of all those Graces Cardinal Pool had granted in the Popes Name saith Dr. Burnet At the first Consistory after the (c) Idem Soave The Popes Reception of the Ambassadors from Queen Mary Coronations the Ambassadors were brought to it who prostrating themselves at the Popes Feet did in the Name of the Kingdom acknowledg the faults committed relating them all in particular for so the Pope would have it Confessing they had been ungrateful for the many benefits received from the Church and humbly craving Pardon for it The Pope did Pardon them took them up from the ground and Embraced them and to Honor their Majesties that sent them gave the Title of a Kingdom to Ireland In private Discourse saith our Author His reprehension of the proceedings in England betwixt the Pope and the Ambassadors he found fault that the Church Goods were not wholly restored saying that by no means it was to be Tolerated and that it was necessary to render all even to a Far thing because that the things that belong to God can never be applyed to Human uses and he that witholdeth the least part of them is in continual State of Damnation That if he had Power to grant them he would do it most readily for his Fatherly Affection which he beareth them and for his experience of their Filial Obedience (d) Mr. Fox saith the Pope published a Bull in Print against the restoring Abby-lands which Dr. Burnet affirms also Appendix fol. 403. but his Authority was not so large as he might prophane the things Dedicated to God and let England be assured that this would be an Anathema and a Contagion which by the just Revenge of God would always hold the Kingdom of England in perpetual Infelicity and he charged the Ambassadors to Write thereof Immediately and was not content to speak of it once but repeated it as often as there was occasion and said also plainly that Peter Pence ought to be payd as soon as might be Thus far Soave In Answer to this Cardinal (e) Lib. 13. c. 13. Cardinai Palivicino's Assertion about the confirming Religious Lands Palivicino after his Discourse of the business of the Kingdom of Ireland as to the Restitution of the Ecclesiastic Goods in England saith because in that Kingdom during the time of the Schism most grieveus Usurpation of Church-lands had been made as he had before related some by private persons others by the Crown Those were with great Liberality restored by the Queen But concerning the others i. e. those in the Subjects Possessions it was Judged profitable to use condescention lest with a pay of so great Interest they