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B25323 The assurance of abby and other church-lands in England to the possessors, cleared from the doubts and arguments raised about the danger of resumption in answer to a letter of a person of quality / by Nathaniel Johnston ... Johnston, Nathaniel, 1627-1705.; Coventry, William, Sir, 1628?-1686. 1687 (1687) Wing J872 65,925 215

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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
Rome is plain Sacrilege and that it is plain by the progress of this matter that the Court of Rome never intended to confirm Abby-lands for all that was done by Pool was only an Artifice to still ●ens fears and to lay the clamor which the apprehension of the return of Popery was raising that so it might once enter with less opposition and then it could be easie to carry all lesser matters when the great Point was once gained I shall now therefore shew the Insincerity of this Author and the legal force of these Breves and the Act of Parliament persuant to them First he tells us out of the (f) Idem pa. 8. New Breves obtained with larger Powers Register that the Limitations in the former Breve viz. the 8th of March 1554. were so distasteful both in England and at the Emperors Court that Pool found it necessary to send Ormanet to Rome for new Instructions and fuller Powers and Addressed him to Cardinal de Monte for procuring them Ormanet was dispatched from Rome in the end of June 1554. and came to Pool by the end of July as appears by the Date of Pools Letter to the Cardinal de Monte which is the 29th of July upon the receipt of the two Breves that Ormanet brought him bearing Date the 26th and 28th of June 1554. How the Powers of the first Breve are concealed by the Author of the Letter to Dr. Burnet The first of these saith the Author is only matter of Form empowering him to Act as a Legate either about the Emperor or the King of France in as ample manner as former Legates had done so he gives us no Transcript of that whereby his Insincerity is most manifest for the words relating to this affair in that Breve are very material which I shall give you Transcribed from the Register by a Reverend person in whose Possession it is at present The Breve (g) Registrum Negotiationum Cardinalis Poli. At licet te multis quidem amplissimis facultatibus quibus etiam in partibus Flandriae exist●ns quoad personas negotia Regni Angliae uti possis per diversas nostras tam sub plumbo quam in forma Brevis confectas literas munivimus prout in illis plenius continetur Quia tamen ob Schismata alios errores quibus dictum Regnum diutius infectum fuerit multi casus potuerunt contingere qui provisione per dictam sedem facienda Indigebunt sub dictis facultatibus velut Infiniti inexcogitabiles comprehendi nequiverunt insuper à nonullis haesitatur an à Facultatibus hujusmodi c. Nos de tuis Fide Pietate Religione Doctrinâ prudentiâ in Domino bene confidentes volentes omnem in praemissis haesitandi materiam amputare Circum spectioni tuae ut ubicunque fueris c. Legationis tuae hujusmodi durante omnibus singulis tibi concessis in posterum concedendis facultatibus quoad personas Regni negotia Insularum Dominiorum hujusmodi per te vel per alium aliquem juxta ipsarum facultatum continentiam tenorem uti ac omnes singulos quae tibi per Omnipotentis Dei ac nostro ejusdem sedis honore nec non Regni Insularum Dominiorum praedictorum ad sanctae Ecclesiae Communionem reductionem ac personarum in illis existentium animarum saluti expedire Judicaveris etiam si ea in generali mandato facultatibus tibi alias concessis non veniant sed spec●alem expressionem mandatum magis sp●ciale requirant dicere facere exercere exequi Apostolica Autoritate tenore presentium concedimus Indulgemus facultates tibi concessas praedictas ad haec omnia extendimus Non obstantibus c. The Breve Englished In English thus Altho' we have Impowered thee with many and those most ample Faculties by divers of our Letters as well made under Lead as in the Form of Breves which while thou Residest in Flanders thou mayest use as well to the Persons as to the Affairs of the Kingdom of England as it is more fully contained in them But by reason of the Schisms and other Errors with which the said Kingdom hath been long Infected many cases may happen which may need Provisions to be made by the said See and being as it were Infinite and not to be before thought of cannot be comprehended under the said Faculties and likewise it is doubted by some whether thou be Impowered by the same Faculties c. We in the Lord well confiding in thy Faith Piety Religion Learning and Prudence and willing to cut off all cause of doubting in the premises to thy circumspection where ever thou art c. During this thy Legation give thee Power to use by thy self or any other according to the Contents and Tenor of the said Faculties all and singular the same already granted to thee or to be granted to thee f●r the Persons and Affairs of the Kingdom and the Isles and Dominions of the same and to Pronounce Do Exercise and Prosecute all and singular things which for the Honor of Almighty God and ours and the said See as also for the Reduction of the said Kingdom Isles and Dominions to the Communion of the Holy Church and the health of the Souls of the persons living in the same thou shalt think expedient altho' they fall not within the general Command and Faculties otherwise granted to thee but require special Expression and Command and by Apostolical Authority by the Tenure of these Presents we Grant and Indulge and Extend to all these the foresaid Faculties granted to thee c. Can any one that Reads this Breve be so ignorant as to think this contained matter of Form only whereas on the contrary it rather Imports a General and Unlimited Power given the Cardinal to grant every thing that tended to the Honor of God the Pope c. which in the Opinion of all Roman Catholics nothing could more effectually do than the reducing the Kingdom c. to the Communion of the Catholic Church The second Breve of the 28th of June being to be found (h) Letter to Dr. Burnet Printed at length in the said Letter I shall not Transcribe the Latin but only Translate it the Tenor follows Whereas in the late Months by-past The Breve of the 28th of June 1554. hope was given us by Gods Mercy and the great Religion and Piety of our dearest Daughter in Christ Mary Queen of England that the most Noble Kingdom of England which very long by the Impiety of some was torn from the Body of the rest of the Catholic Church would be reduced to the Union of the said Catholic and Universal Church without which Salvation can be to none therefore we destine thee to the said Queen Mary and to all that Kingdom as Legat à Latere of us and the Apostolic See as
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