and their Majâ—sties arising moved towards the Legat who readily met them and the Queen both in her own and the Kings Name desired that according to the Petition he would grant Pardon to the whole Kingdom and would gather it again to the Unity of the Church The Cardinals Powers Read. Then the Legat after all were seated caused to be h Read the Bulls and Breves and Powers which appertained to his Legatship i Recitâ—ri jussâ—â— quae ad Lâ—gaâ—ioâ—em facultates perâ—inebant â—ullam vocant Brâ—via The Cardinals Speech which being done he made a Speech and told them how they ought to return Eternal praise to the Everlasting God who had given them such eminent helps to amend their Errors and plainly had declared that he had a special care of that Kingdom even as in old times of the Church he had bestowed such favors on the English that they the first of all others having left the Errors of the Gentiles had with public consent embraced the Worship of the True God so now he had afforded that Grace to them when they had disjoyned themselves from the Church that they the first of all others should acknowledge how greatly they had offended and if (i) Quod si eos vere atque ex animo poeniteret quantum gaudâ—i putandum esse capere Angelos ex tanti populi tamque Ampli Regni conversione quibus vel unius peccatoris poenitens animus incredibilem afferre laetitiam soleret Haec atque alia permulta cum Legatus diceret visi sunt omnes vehementer commoveri they truly and from their Souls were Penitent how much joy was it to be thought the Angels would have at the Conversion of such a People and so great a Kingdom when as the Penitent Soul of one Sinner did wont to bring such ineredible joy to them While the Legat spake these and many more things to them they all seemed to be much moved saith my Author Then the Legat (k) Tum surrexit ipse cum omnes in genua procubuissent universos Anglice loquens Aâ—solvit ac dum ilâ—e Absolutionâ—m tribueret Reginae plerique aliis prae gaudio summoque picâ—atis studio obortae sunt Lachrymae omnesque absolutione peracta amanter inter se Ample cabantur atque haec verba saepius usurpantes hodie renati sumus mutuo graâ—ulabâ—ntur arose and when all had kneeled on their Knees in English he absolved them all and had scarce Pronounced the last words in the Name of the Father Son and Holy Ghost before all with one Voice said Amen Amen and while Absolution was giving the Queen and several others out of their great â—iety wept for joy and the Absolution being passed they embraced one another and mutually rejoyced often expressing themselves that that day they were born again Thence they went to the Chappel Royal and Te Deum was Sung. Thus I have given you faithfully what my Author present no doubt at the Action hath given an account of You may in Mr. Fox see the Letter writ by King Philip to the Pope giving him an account of that Days performance Dated on St. Andrews Even November 30. 1554. and another from the Cardinal Dated ult November I shall now acquaint you with what I find in the Journal of the House of Commons relating to this business whereby the truth of Duditius his Relation will the better appear An account of these matters out of the Journal of the House of Commons November 19th The Master of the Rolls and Mr. Sollicitor brought from the Lords the Bill to Repeal the Attainder of Gardinal Pool made 31 H. 8. and it was Read the second time that day November 20th The Bill to Repeal the Attainder of Cardinal Pool was Read the third time and Assented to November 21 the same Bill was sent to the Lords and Mr. Treasurer declared that the King and Queen would be to Morrow Afternoon in the Parliament House to give their Assent to the said Bill November 22. About three a Clock Afternoon in the Parliament Chamber the Royal consent was given to the Bill for Cardinal Pool and so made a perfect Bill November 27. Mr. Secretary Peter declared the King and Queens pleasures to be that the House be to Morrow at the Court to hear a Declaration by the Lord Cardinal of his Legacy November 28 Mr. Speaker Declared the Legacy of the Cardinal was to move us to come again to the Unity of the Church from which we were fallen The Master of the Rolles and Mr. Sollicitor declared from the Lords that they had appointed the Lord Chancellor four Earls four Bishops and four Barons to confer with a number of this House who Immediately were sent unto them The Lords aforesaid together with the Commons of the House appointed devised a Supplication to the King and Queens Majesties which was here Ingrossed and agreed by the House to be presented to the King and Queen whereby the Realm and Dominion might be again united to the Church of Rome by the means of the Lord Cardinal Pool Vltimo Novemb. This Afternoon before the King and Queens Majesty at the Palace the Lords and Commons being present the Supplication was Read in Latin and exhibited by their Majesties to the Lord Legat who making and Oration of the great Joy for the return of lost Sheep did by the Popes Holiness's Authority give Absolution to the whole Realm and the Dominions of the same December 4th Mr. Atturney and Mr. Sollicitor brought a Bill viz. A List of Names of divers of the Upper House requiring a number of this House to confer with them c. Which Immediately were named viz. the whole Council of the House that is all the Members of that House who were of the King and Queens Privy Council and Twenty one Knights and Burgesses sent up to the Lords On St. Stephen's Day Mr. Serjant Dyer and Mr. Sollicitor brought from the Lords the Bill to Repeal certain Acts touching the Supremacy which was Read next Day and the second time Read 29th December Upon the last of December there were Arguments touching the Bill of the Supremacy and upon the 2d of January Arguments upon the same Bill The same Day is thus entred the great Bill touching the Repeal of Acts against the See of Rome and Assurance of Abby-lands and Chantry Lands Read the 3d. time and Assented to By this Journal it appears that the Reconciliation was first performed before the Bill for the securing of Abby-lands was perfected in the Houses So that all the Members of both Houses being absolved in the Name of the whole Realm there could be no Objection against their unqualifiedness by any Church Censures to pass that Bill which is of no small moment to be considered Whence you may Judge concerning what Mr. (l) Marty part 3. fol. 113. Fox Writes That about the time of the Absolution a Messenger was sent from the Parliament to the Pope
an Angel of Peace and Concord by the Counsel and Unanimous assent of our Venerable Brethren the Cardinals of the Holy Roman Church and have Impowered thee with all the Faculties which we have thought necessary to the effecting so great a business or are any way seasonable for it and among other things have given Authority and Faculty to thy Circumspection to Accord and Transact with the Possessors of Ecclesiastical Goods concerning all the Fruits unjustly received and the Moveable Goods wasted and them to free and acquit when it can be done as in our Letters thereupon made it is more fully contained Whereas for these beginnings which by the Industry and dilgence and right and constant mind to God of the said Mary and in that matter by thy co-operating Study and Counsel the foresaid work of Reduction in the said Kingdom to this Day hath and the perfection of the said Famous work is dayly more to be hoped and the matter may be known thereby to have more easie progress so much the more as we shew hope of Apostolical Benignity and Indulgence in the Possessions of the Ecclesiastical Goods occupied by the Men of that Province in the confusion of the late times We not willing for any Earthly respects to hinder such a recovery of a Nation the most beloved of us in Christ after the custom of an Holy Father towards Sons of us and the Holy Catholic Church after a long time of dangerous Travel abroad meeting them that look back and return with a wished Embrace In whose excellent Vertue singular Piety Learning Wisdom and Dexterity we having in the Lord full trust at thy own Arbitrement by our Authority give thee full Power of Treating Agreeing Transacting and Compounding with whatever Possessors or Detainers of Ecclesiastical Goods as well Moveable as Immoveable in the said Kingdom for whom the said most Serene Queen Mary shall Intercede and give the full and free Apostolical Authority by the Tenor of these Presents and of certain knowledge to dispense with them that they may retain the said Goods without any scruple for the future and of concluding and doing all and singular other things which in these and about these are any way necessary and seasonable saving however in these matters in which for the greatness and the weightiness of them this Holy See of due may be thought by thee to be consulted our and the said Sees good Will and Confirmation notwithstanding the Letters of Pope Paul the 2d our Predecessor of happy Memory of not Alienating Church-Goods unless by observing a certain Form or any other Apostolical Edicts General or special Constitutions and Ordinations in Provincial or Synâ—dal Councils or any Oath or Apostolic Confirmation of any Churches Monasteries or other Regular or Holy Places or by any other Firmness corroborated Foundations Statutes and Custâ—ms having their Tenors sufficiently expressed to the contrary whatsoever The insincerity of the Author of the Letter to Dr. Burnet From this Breve the Author of the Letter would Insinuate that the Salvo took all away and vacated all the Concession of the Pope to make which the more probable he renders the Salvo thus that he reserves all to the Popes Confirmation and good pleasure in all those things that were of such Importance that the Holy See ought first to be consulted by Pool which even as this Translator renders it may but seem a necessary Reservation because some matter of great Importance might require it but as it is in the (i) Haec sancta sedes merito tibi â—ideretur conjulenda Breve it is onlly in such things as should to the Cardinal seâ—m fit that the Holy See should be consulted and I have not yet Read that the Cardinal found any further cause to consult the Pope or obtain greater Powers For he makes the dispensation general without any such Reservation and it is well known that when the Emperor and Granvillanus Bishop of Arras afterwards Cardinal understood this Breve was sent they said if they had known the extent of it they had not Importuned the Pope any further and our Friend of Dr. (k) Pa. 14. Burnets saith that by Ormanets Letter it appears that these last Powers gave the Emperor full satisfaction and were not at all excepted against only Granvillanus made some difficulty in one Point whether the settlement of the Church lands should be granted as a Grace of the Popes by the Cardinals hands Immediately to the Possessors or should be granted to Philip and Mary and by that means to the Possessors for it seems saith he it was thought a surer way to engage the Crown to maintain what was done if the Pope were engaged for it to the Crown with which he would not venture so easily to break as he might perhaps do with the Possessors themselves But continues he Ormanet gave him full satisfaction in that matter for the manner of settling it being referred wholly to the Cardinal by his Powers he promised he would order it in the way that should give the Nation most content Having thus removed all the difficulties I have met with and the objectiâ—ns against the fulness of Cardinal Pools Powers granted by Pope Julius the 3d. It is full time to consider the Transactions of the Cardinal in order to his Execution of the same Powers to the quieting of the Possessors Consciences and securing them from all Ecclesiastical censures SECT VIII Cardinal Pools confirmation of Abby-lands to the present Possessors and the Act thereupon BEfore I give you an account of the Act it self I think it necessary to shew the Cardinals Progress towards the Reconciliation which was the Foundation of the Confirmation of the Abby and Chantry Lands given to King Henry the 8th and Edward the 6th by the respective Acts of Parliament which Relation I extract out of Duditius in his Life of Cardinal Pool an Author I shall have occasion to mention hereafter (a) Duditius p. 26. A. B. He had been attainted by Act of Parliament and that was taken off two days before viz. 22. Novem. In September 1554. in the Company of the Lord Paget and Hastings sent by the King for that purpose Cardinal Pool arrived at Callice and there met six of the Kings Ships sent for him At Dover the Bishop of Ely and the Lord Montacute met him and at Gravesend the Bishop of Durham and the Earl of Salisbury who brought with them the Act of Parliament for his Restitution under the Broad Seal Then he took Shipping and by their Majesties appointment had the Silver Cross the Emblem of his Apostolic Legatship placed in the fore Deck of his Vessel and accompanied with many Boats and Barges he came to the Court the (b) Id. p. 27. The Reception of the Cardinal Bishop of Winchester Lord Chancellor met him at the Shore and presently the King also and the Queen received him at the top of the Stairs Having staid some while with their Majesties
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
should Enroll the Usurpers under the Standard of Heresie not sufficiently destroyed The plain sense of which is that they were to be Indulged in their Possessions how unjust soever they were lest the denying of it should enforce them for the sake of preserving their Estates to reject ' the Reconciliation which was the prime thing desired It is true this Pope Paul the 4th is (f) Ricaut continuation 110. represented by Historians to be a Morose Man of a Saturnine Temper being the first Author and Contriver of the Inquisition and that by a new Decree he retrieved all those Goods and Ecclesiastical Revenues which had been (g) Pa. 112. Answer to Soavis arguments Alienated from the Church since the time of Julius the 2d to his Days and that since the time that Rome had been sacked by the Spaniards who had Plundered and Sequestred the Estate and Rents of the Family of Caraffa of which he was a Son he had conceived an Implacable anger and Inveterate hatred against the whole Nation which also was encreased by that ill Treatment and Injustice (h) Pa. 113. which the Vice-King of Naples once used towards his own Person For being Created by Paul the 3d. Arch-bishop of Naples he was debarred from the Possession and benefits thereof by the Vice-Roy on no other pretence than that he was suspected to favor the French party and upon that affront he would have persuaded Paul IIâ— to a War with Naples but the Pope declining that the anger and fury of this Paul IV. being suppressed until he became Pope did then burst forth and vent it self so that he made a stricter Union with France and commenced a War against Philip King of Spain Yet it is likewise noted (i) p. 112. That notwithstanding the Pride and rudeness of his Nature he did several things in the beginning of his Papacy to gratifie and please the people of Rome insomuch that they erected a Statue of Marble for him in the Capitol And I shall now endeavor to mâ—ke it clear that he did ratifie what Cardinal Pool had done and that his Animosities against Spain or Cardinal Pool whom he (k) p. 118. recalled from his Legatship in England were acts of a later date and he had the good conduct and fortune to prove a successful Instrument in making that memorable Peace betwixt Philip King of Spain and Henry King of France And it is apparent by Sir Edward Carne's (l) Hist refor collect Rec. fol. 315. See concerning Pope Paul IV's revocation of Cardinal Pool Duditius p. 34 35. Letter that the Pope did revoke the Cardinal only because of the War with Spain as he did his Nuncio's from all King Philip's Countreys but staid that of the Cardinal at Queen Mary's desire Having related what Soavo hath published concerning this matter before I proceed to the clear proof that Pope Paul IV. did ratifie what Cardinal Pool had done The Opinion of a Learned Roman Catholic Father W. I do offer to your consideration what I have under the hand of a Learned Father of sufficient Learning and Knowledge in the Canon-Law and of great Candor and Virtue That he believes that from the moment of the Release of Cardinal Pool all Possessors of those Lands had a just Title even by Canon-Law to them even as to their other Lands And as the Pope cannot deprive them of their other Lands by any Act whatsoever no more can he deprive them of those Lands nor that any Canonist will own that any succeeding Pope can repeal the Release of Church Lands Which must be most clear whenas the Release was so confirmed as I shall now endeavor to make clear by some positive proofs The first of which shall be what I have found in the Journal of the House of Commons Endorsed Seymour which you may have access to for your further satisfaction if you scruple my credit in that particular for I have copy'd it from the Original in the custody of the Honorable Sir John Trevor Master of the Rolls whose singular favor I must ever acknowledge not only in affording me the perusal of this Journal and ready admittance to the Records in his custody but likewise in furnishing me with a Repertory whereby I am enabled readily to find such Records as I have had or may have occasion to peruse for His Majesties Service The first proof of the assurance of Abby-Lands from the Journal of the House of Commons This Journal reacheth from the 1st of Edward VI. to the 8th of Queen Elizabeth In the first leaf of the Parliament 2 3 of King Philip and Queen Mary which begun the 21st of October 1555. After the relation of choosing the Speaker c. these following words are entred After which was read a Bull from the Pope's Holiness confirming the doings of my Lord Cardinal Pool touching the Assurance of Abby-Lands c. after which the Speaker with the Commons departed to the nether House It is true there is nothing of this mentioned in the Journal of the Lords but whoever looks into their Journals in the Reign of Queen Mary and those before and some while after will find little in them besides the names of the Proxies for the absent Lords on one side and then the Folio divided into three Colums in the first of which are the Names of the Bishops present in the second the recital of the appearing Peers and in the third only the Titles of the Bills read So that in several Folio's there is not one Line writ in the third Division Second Proof I now pass to the second proof That Pope Paul IV. did by Bull confirm what Cardinal Pool had done To illustrate which I shall translate into English the Copy of it to be found in (m) Ecclesiae collegiate fol. 207. Sir William Dugdale's last Volume of his Monasticon transcribed from the Original in my Lord Peter's custody The Bull of Confirmation of Abby-Landsto Sir Will. Peters The Title is The Bull of Paul IV. Bishop of Rome in which for better caution he especially and expresly approves and confirms to William Peters Knight and Counsellor of the King all and singular the sales of several Mannors c. sometimes belonging to divers Monasteries by King Henry VIII dissolved which he viz. Sir William as it is said is ready to assign and demise to Spiritual Uses Paul Bishop Servant of the Servants of God to the perpetual memory of the Fact. By the accustomed bounty of the Apostolic See it becomes us freely to impart Apostolic Favor to those which require Quiet and Tranquility especially when it is humbly desired from us and reasonable causes persuade it and that they may remain undisturbed jâ—â—ibatae to add the stability of Apostolic Munition A Petition being lately exhibited to Us on the part of Our beloved Son the Noble Sir William Peters Knight and Counsellor of the King of the Diocese of Exeter That heretofore King Henry
Tom. 1. fol. 156. c. 2. D. Omnes tales praesumptores Ecclesiae raptoresatque suarum facultatum Alienatores a liminibus sanctae matris Ecclesiae Anathematizatos Apostolica Authoritate pellimus denunciamus atque Sacrilegos esse judicamus non solum eos sed omnes consentientes eis Pope Lucius who lived about the year 253 where the Pope speaking of those who vexed the Bishops of France and Spain about the Possessions of their Churches and the Offerings of the Faithful saith That according to the Examples of the Prophets and Apostles and their Successors and all the Catholic Fathers this was adjudged Sacrilege Therefore the Pope following the said Examples expels all Foretakers Robbers of the Church and Alienators of their Profits from the Threshold of the Holy Mother Church by Apostolic authority excommunicates them Condemns them and judgeth them Sacrilegious and not only those who depriv'd the Bishops and their Churches of the offerings but all such as consented to them So in the 2d (e) Qua Divinis sunt Assignata usibus ad humanos usus sine Sacrilegio non posse transferri Idem f. 83. Epistle of Pope Pius I. An. 155. it is expressed That those things which are assign'd to Pious Vses cannot be transferr'd to Human Vses without Sacrilege And so he orders such to be esteemed and judged In the Council of (f) Concilium Agathense Id. to 3. fol. 712. Col. 1. c. â— Agatha in the time of P. Symmachus about Anno 506 cap. 1. n. 7. it is thus decreed Casellas vel mancipiola Ecclesiae sicut prisca Canonum praecipit Authoritas vel vasa ministerii quasi commendata fideli praeposito in Integro Ecclesiae Jure possideant Ideoque ut neque vendere neque per quoscunque contractus res unde pauperes vivunt alienare praesument Which is to be rendred thus That the Churches in full right possess the Houses and Farms and the Vessels of Vse in the Holy Offices as commended to a faithful Steward as the ancient Authority of the Canons command so as none presume to sell or by any contracts alienate those things on which the poor live So in the (g) Indigne enim ad Altare Dei properare permittitur quires Ecclesiasticas audet invadere c. sixth Synod under the same Pope in the time of Theodoric the King it is thus expressed He is unworthily permitted to approach the Altar of God that dare invade Ecclesiastic Goods or unjustly that is without the Bishop's License possess them or wickedly or unjustly persist in the defence of such possession And further it is declared That such are to be judged Murderers of the Poor and if they amend not the fault are to be Excommunicated In the third Council of (h) Haec Synodus nulli Episcoporum licentiam tribuit res alienare Ecclesiae quoniam Antiquioribus Canonibus prohibetur Idem Tom. 4. fol. 503. Toledo it is decreed That no Bishop have Power or License to alienate the Goods of the Church because by ancient Canons it is forbid So in the Decretals 12. q. 2. Pope Stephen I. or as the lesser Gloss Pope Anaclet I. decrees That he shall be reputed a Manslayer that takes away defrauds or robs the Moneys i.e. any Profits of Christ and the Church for which Ivo may be consulted p. 3. c. 18. You further urge the seventh Synod (i) Si quis Episcopus vel Monasterii Praefectus inventus fuerit ex Episcopatus vel Monasterii Agris in Principis alicujus manus alienare vel alteri personae tradere nullius sit momenti Traditio Idem Tom. 6. fol. 124. of Nice under Constantine and Irene wherein it is thus decreed That if any Bishop or Superiour of a Monastery be found to alienate into the hands of any Prince or deliver to another person thâ— Lands of the Bishopric or Monastery such Alienation shall be of no force You refer me also to the Council of Milden (k) Idem Tom. 6. fol. 410 C. D. under â—ope Sergius II. wherein the Decree is in these words Quapropter secundum Statuta Canonum ab omni Ecclesiastica Communione ut Sacrilegus debet Arceri si quis quod Venerabilibus locis relinquitur vel pravae voluntatis studiis suis tentaverit compendiis retinere Which I translate thus Whâ—refore according to the Statute of the Canons if any by the study of a depraâ—ed will attempt to restrain that to his own use which is bestowed on Venerable places viz. Churches Monasteries c. he ought to be driven from Ecclesiastical Communion as a Sacrilegious person The last thing you urge is That I will peruse the Collection of the Decrees of Councils (l) 12. q. 2 pertotum and Epistles of the Popes against Alienations of Lands or Goods once given to the Church in the Canon-Law I know you expect a very positive Answer to these Canons which you think bind all that are or shall be in Communion of the Church of Rome and with the Author of the Letter to (m) p. 11. Dr. Burnet are ready to say That a man may as well be a Papist and not believe Transubstantiation nor worship the Host as be one and still enjoy Church-Lands and that no Confessor that understands the Principles of his own Religion can give Absolution to such as are involved in that Guilt without Restitution This is the sum of the Charge and I shall own that it is Incumbent upon the Governors of the Church to secure by Canons and Constitutions the rights of it both as to Jurisdiction and Patrimony The like we find enacted in our own Kingdom since the Reformation (n) Parsons Law p. 26. 1 and 13 Eliz. and 1 and 3 Jac. 1. Whereby Bishops and all other Ecclesiastical persons are restrained to Alien or discontinue any of their Ecclesiastical Lands or Livings and if they convey or Alien any of their Lands or Possessions altho ' it be to the (o) Cokes Reports Magdalin Col. case Kings Majesty himself is void in Law. All that I shall therefore endeavor to clear is that in some cases even by other Canons the dispensation with the Rigor of those you mention are allow'd and that several Popes by the plenitude of their Power have dispensed with them I had Collected out of Mr. Selden and others a large account how in the Primitive times according to the Authority of (p) Apolo cap. 39. and 42. Tertullian and St. (q) Ep. 266. you may see for these Syn. Gang. Can. 66. Selden Hist 83 84. Cyprian who lived about An. 200 and 250 after our Saviour that the maintenance of the Clergy was then by Monthly or frequenter Offerings and the last Father compares them to the Roman Sportula (r) Gelasii Dec. c. 27. Ivo Decre part 3. c. 115. Also I had noted when Tithes began to be first Introduced how the Founders of Churches Arbitrarily divided the portions of Tithes betwixt the Incumbents
covered with Lead To this let me add what I have from the relation of a Reverend person that hath lived long upon the place St. Edmunds Church at Rome pulled down for the building a private house that about 20 years since a Church in Rome belonging to the English College there and Dedicated to St. Edmund the Martyr was pulled down and made a dwelling House and the obligation of Divine Service was transferred to St. Thomas Church By all which it appears that not only Religious Lands may be Alienated but the very Churches themselves Consecrated in a special manner to the service of God even in the Church Communion and City of Rome may be demolished and converted to profane uses SECT V. Instances of Alienations of Church Lands in Foraign Countries in the Roman Catholic Communion IF we take a toure into other Countries we shall find the like Alienations of Church Lands suppressions of Monasteries or their being converted into more secular uses than they were by the first Institution designed In the Year 1563. (a) Pietro Soavo Polano Hist of the Council of Trent fol. 666. Pius the 4th being Pope and Charles the 9th King of France The Queen Regent of France sent Letters to Rome and Trent in the end of May that consultation had been had how to pay the Debts of the Crown that a Decree had passed for Alienating to the value of 100000 Crowns of Ecclesiastical Immoveable Goods Alienation of Church livings in France 1563. and it was confirmed by the Kings Edict and Sentence of the Parliament The French Ambassador was Ordered to move his Holiness to give his consent alledging the exhausture of the Exchequer by the late War that he designed to put his affairs in Order that he might begin as his purpose ever was since the making of the peace to reunite all in the Kingdom to the Catholic Religion and that he might be abler to force whosoever should oppose him he meant to impose a Subsidy and cause the Clergy to contribute their parts to it also whereto the Church was so much more bound than others by how much their interests were more in question That all being considered nothing was found to be more easie than to supply the necessity with the Alienation of some few Ecclesiastical Revenues whereto he desired the consent of his Holiness The Pope answered that the demand was painted forth with a fair pretence of defending the Church but it was the only way to ruin it for the avoiding whereof his securest way was not to consent to it (b) Idem p. 667. and he was of opinion that the French would not proceed to the execution of it without him and he thought without his consent none would adventure Mony upon them because a time might come that the Ecclesiastics would resume their Rents and not restore the price and he proposed the business to the Consistory and resolved not to consent but by divers excuses to shew it was impossible to obtain that demand at his hands (c) Idem 739. The French having considered the Popes Answer resolved to Treat no more with the Pope for his favor in the Alienation but to execute the Kings Edict approved in Parliament without any consent of his Holiness This being suddenly performed few Buyers could be found which was a hindrance to the King and no favor to the Clergy for the Sale was made at low Rates so that there was but Two Millions and a half of Franks raised small in regard of the things Alienated being but Twelve for a Hundred whereas it had been a small price if they had given a Hundred for Four. Amongst the things sold the Jurisdiction which the Arch-bishop of Lyons held until that time over the City was sold at the outcry for 30000 Franks but the Bishop complained so much that in supplement of the price he had given unto him 400 Crowns yearly I know not whether ever any Pope confirmed this however it is apparent that if the Pope by Bull had confirmed it none would have scrupled the Legality of the Title of a Purchaser But this is (d) Ex relatione Reverendi Superioris Ordinis St. Benedict most certain that those Alienations continue to this day only the Religious have liberty to redeem them paying the Mony payed for them and the charges for any improvement as I have it from one who lately redeemed such an Alienation from the Purchaser Pope Alexander the 7th by his (e) Bullarâ—um Magnum impressum Lugdini vâ—l ult fol. 220. Bull dated 28 April 1656. 2o. Pontisicatus suppressed the Order of the Fratrum Cruciferorum or Cross-bearing Brethren The Preamble runs thus We thinking it Our Duty with all Study and Industry continually to cultivate the Vinyard of the Lord The suppression of 4 Orders by the Pope which is his Church by the Divine Will committed to Our care that the Vines of Religious Orders providently planted in it which being destitute of the Primigenious vigor of Regular observance have degenerated into barren wild Vines according to the Example of the good Husband-man or Father of the Family We must pluck out of the Vinyard as by mature and fore-thought deliberation We see it in the same Lord to be healthfully expedient Therefore when long since it is found that of the Order called the Fratres Cruciferi there remains but four Monasteries which had in the whole Order Twenty five Twenty one of them being suppressed by Pope Innocent the 10th our Predecessor of happy memory whose Brethren are reduced now to a few and have totally deviated from the Primitive Institution and is in the Church of God wholly unprofitable and there is no hope that it shall be reduced to bring forth good fruit Therefore of our proper motion and certain knowledge and mature deliberation by the fulness of Apostolic Power by the Tenor of these presents we for ever extinguish suppress and abolish the said Order with all it's Dignities Offices and Ministries and all it's Conventualship Title Essence and Denomination And we do resâ—rve all and whole the Goods Movable and Immovable as well Sacred as Profane their Convents Houses Vinyards Farms Canons Responsions Fruits Entries and Rights whatsoever wherever they be according to the disposition of us and the Apostolic See to the Vses and Pious works to be converted by those to whom they are committed by us and the said See. Then follows a Non obstante against all things that might Invalidate this and all the expressions that may confirm it which are too tedious to be here Inserted Then follows a Bull of the same Pope dated the same day for suppressing the Congregations of the Canons (f) Bullâ—rio prâ—â—dicto fol. 221. 222. Regulars of the Holy Spirit at Venice Styled Congregatio Canonicorum Regularium Sancti Spiritus Venetiarum (g) Eodem Bullario fol. 467. There is also another Bull by Clement the 9th for the suppression and extinction
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
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
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