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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

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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-●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 R●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 Gl●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