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ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A45227	A seasonable vindication of the supream authority and jurisdiction of Christian kings, lords, parliaments, as well over the possessions as persons of delinquent prelates and churchmen, or, An antient disputation of the famous Bohemian martyr John Hus, in justification of John Wickliffs 17 article proving by 43 arguments taken out of fathers, canonists, school-men, the supream authority and jurisidiction of princes, parliaments, temporal lords, and other lay-men, who have endowed the church with temporalities, to take away and alien the temporal lands and possessions of delinquent bishops, abbots and church-men, by way of medicine or punishment, without any sacrilege, impiety or injustice : transcribed out of the printed works of Iohn Hus, and Mr. Iohn Fox his acts and monuments printed London 1641, vol. I, p. 585, &c : with an additional appendix thereunto of proofs and domestick presidents in all ages, usefull for present and future times / by William Prynne ...; Determinatio de ablatione temporalium a clericis. English	Hus, Jan, 1369?-1415.; Foxe, John, 1516-1587. Actes and monuments.; Prynne, William, 1600-1669.	1660 (1660)	Wing H3802; ESTC R8509	98,591	126

given unto the Church of Christ by the devotion of the Faithfull the power and authority of the Secular power reserved lest there might happen any confusion Forsomuch as God himself cannot allow any disordered thing Whereupon oftentimes the worldly Princes do grant the bare use of the Church and oftentimes use and power to exercise Justice which the Clergy cannot exercise by any Ecclesiastical Minister or any other person of the Clergy Notwithstanding they may have certain Lay-persons Ministers unto that office But in such sort saith he that they do acknowledge the power which they have to come from the Secular Prince or Ruler and that they do understand th●ir Possessions can never be alienate away from the Kings power but if that necessity or reason do require the same Possessions in all such case of necessity do owe him obeysance and service For like as the Kings power ought not to turn away the defence or safegard which he oweth unto other so likewise the Possessions obtained and possessed by the Clergy according to the duty and homage which is due unto the Patronage of the Kings power cannot by right be denyed Thus much writes Hugo with whom Iohn Hus concludes his Disputation Mat. 5. 39 40. But I say unto you that you resist not evil And if any man will sue thee at the Law and take away thy Coat let him have thy Cloak also Phil 3. 8 17 18 19 20. Yea doubtless I count all things but l●sse for the excellency of the knowledge of Christ Iesus my Lord for whom I have suffered the losse of all things and do count them but dung that I may win Christ. Brethren be followers together of me and mark them which walk so as ye have us for an example For many walk of whom I have told you often and now tell you weeping that they are the enemies of the Cross of Christ whose end is destruction whose God is their belly whose glory is their shame who mind earthly things But our conversation is in heaven Col. 3. 1 2 c. If ye then be risen with Christ seek those things which are above where Christ sits at the right hand of God Set your affection on things above not on things on the earth for ye are dead and your life is hid with Christ in God Mortifie therefore your members which are upon the earth inordinate affection evil concupiscence and covetousness which is idolatry for which things sake the wrath of God cometh upon the children of disobedience A supplemental Appendix to the premised Disputation of John Hus irrefragibly evidencing the Supream Iurisdiction of our Kings Lords and Parliaments not only over the Persons Liberties Lives of our Archbishops Bishops Abbots Priors Church-men in cases of High Treason Rebellion Disobedience Contumacy and Disloyalty but likewise over their Temporal Lands and Estates to seise and confiscate them without Sacriledge or Injustice HAving presented the Readers with the memorable Disputation of this famous learned Bohemian Marty Iohn Hus in justification of our English Apostle and prime Assertor of the Reformed Religion we now profess whose Doctrine spread it self into Bohemia Germany and other parts to the subversion of the Popes and Prelates usurped Authority over Kings Popery by degrees It will not be unseasonable by way of Appendix to subjoyn some memorable domestick Evidences Presidents in all Ages to justifie their opinions in point of practise Not with the least intention to deprive the faithfull painfull Ministers and Preachers of the Gospel or any true Evangelical Bishops of the antient Glebes Tithes Dues belonging to their respective Parochial Churches or of that liberal competent Maintenance or double Honor which belongs unto them by a divine right and common natural Justice for their labour in the work of the Ministry which I have publickly and largely asserted But only to vindicate the just Prerogative of our Kings and Jurisdiction of the Temporal Lords and Commons in Parliament over the Persons and superfluous large Temporal Mannors Lands and Possessions of delinquent Archbishops Bishops Abbots Priors Deans Chapters Monks and other religious Persons which are not of Divine or Apostolical but mere Humane institution and not absolutely necessary to the being of the Church of Christ as true Evangelical Bishops and Ministers are whose principle office and duty is frequently to preach the Gospel and administer the Sacraments not to domineer over their people or suspend them from the Lords supper Mat. 28. 19. 20. Mar. 16. 15. 1 Cor. 5. 7 18 21 c. 9. 14 to 19. 2 Tim. 4. 2 5. Rom. 10. 19 20. 1 Pet. 5. 2 3. To this end I shall desire our Archbps. Bps. and other Cathedralists to consider 1. That Gratian the Canonist Peter Lombard the School-man with most other Canonists and Scholmen in their Glosses or Commentaries on their Texts Matthew Parker Archbishop of Canterbury Mr. Iohn Fox William Harrison Richard Grafton Iohn Speed and no lesse than thirty more of our antient Historians and other Authors quoted by Archbishop Vsher for this purpose affirm That the antient Britains before their conversion to Christianity had 28. Flamines and 3. Archflamines in this our Island to whom the other Priests were subject having distinct Cities Sees Diocesses and Temples wherein they resided and exercised their Ecclesiastical Jurisdictions that King Lucius upon his conversion to Christianity about the year of our Lord 175. by Pope Elutherius his direction took away their Sees Lands and Temples from them and placed 28. Bishops and 3. Archbishops in their steads turning their Sees into Archbishopricks and Bishopricks and their Temples into Cathedral Churches Yea Gratian himself Distinctio 21. and the Glossers on him resolve That the distinction among Priests whence some are stiled Priests simply others Archpriests others Choral Bishops others Bishops others Archbishops or Metropolitans others Primates others Chief Priests WAS PRINCIPALLY INTRODVCED BY THE GENTILS not the Apostles or Primitive Christians who called their Flamines some simple Flamines others Arch-flamines others Proto-flamines If then these their Hierarchical orders were originally derived from they succeeded the Pagan Flamines Arch-flamins Proto-Flamins in their Sees Jurisdictions Temporalties and Cathedrals which King Lucius took from them without sacriledge or impietie then by the like reason and president our Kings or Temporal Lords and Commons in Parliament may devest our peccant Prelates of their Sees Temporalties Cathedrals convert them to other uses for the publik ease and benefit of the Kingdom when they see just cause being originally dedicated to these Flamines Arch-flamines Proto-flamines and their Pagan Gods 2ly That admit these former Authors relations touching Flamines Arch-flamines and King Lucius erecting Bishops and Arch-bishops in their Sees to be false and fabulous as Bishop Iewel Bishop Godwin Bishop Vsher Doctor Suteliffe and Sir Henry Spelman repute them yet it is agreed by all that the primitive

Archbishoprick at Litckfield took away six Bishopricks formerly subject to the See of Canterbury and detained the Lands above thirty years till at last restored by the judgement of two or three Parliamentary Great Councils after many Petitions and Complaints upon full hearing and examination Stigand Archbishop of Canterbury for refusing to Crown King William the Conqueror and holding the Bishoprick of Winchester in Commendam with his Archbishoprick together with many other Bishops and Abbots was deprived by the Kings procurement and kept Prisoner at VVinchester during his life receiving only a small allowance out of the Exchequer to support him dying in Prison his Bishoprick remained void two years space in the Kings hands no lesse than twenty five Manors being taken away from it till recovered by ● ansraue his Successor in a famous Council of the Noble and Elders of England held at Penindene King VVilliam Rufus banished Anselme Archbishop of Canterbury out of the Realm for Treason against him and his Soveraign Power and seised his Temporalties till his death after which King Henry the first recalling him he most trayterously and obstinately oppugned the Kings Prerogative of investing Bishops in their Bishopricks by a Ring and Pastoral-slast and refusing to do homage to the King or to consecrate any Bishops who received Investitures from him or did Homage to him for which he was banished for three years out of the Realm all his Temporalties and Goods moveable and immoveable seised into the Kings hands with the Temporalties Goods of those Bishops who renounced their Investistures by the Kings donation by Anselmes perswasion King Stephen seised all the Goods and Temporalties of Theobuld Archbishop of Canterbury and banished him the Realm for departing out of England to Rome upon the Popes summons contrary to his expresse royal Prohibition and for interdicting the King and whole Realm After which being restored to his Archbishoprick by the other Bishops mediation his Goods and Temporalties were again consiscated and seised into the Kings hands Anno 1152. for refusing to Crown Eustace King Stephens Son he forced to flye the Realm which he caused to be infested with fire sword and bloudy wars Thomas B●cket Archbishop of Canterbury an infamous perjured Traytor to and Rebel against King Henry the second his advancer and indulgent Soveraign grand Oppugner of his Royal Prerogatives and of the Customs of the Realm contrary to the Oath and Recognition of himself and all the Bishops Clergy and Temporal Lords in the famous Great Council of Clarindon endeavouring totally to exempt the Clergy from all Temporal power jurisdiction and judicature for the most detestable Crimes and Murders had all his Goods and Moveables by judgment of the Bishops and Peers condemned and confiscated to the King his Temporalties seised into the hands all his Moneys Jewels Plate confiscated together with all the Clergy-men goods who adhered to him all his Kindred Man Woman and Child secured and afterwards banished the Realm together with himself for sundry years and was at last slain in the Cathedral Church at Canterbury for his manifold Treasons Rebellions against the King to the great disturbauce both of the Churches and Kingdoms peace King Iohn An. 1205. seised upon all Archbp. Huberts Lands and Possessions after his death for his manifold Contempts and Oppositions against his Royal authoritie and resolutions during his life Stephen Langhton his next Successor in the Archiepiscopal See of Canterbury for his manifold Treasons and Rebellions against King John had all his Temporalties and Goods seised by the King and was suspended from his Archbishoprick and threatned to be deprived of it by the Pope Archbishop Boniface being commanded by King Henry the third to relinquish his Archbishoprick and depart the Realm by reason of the grievous Complaints both of the Clergy and Commonalty against him thereupon selled his Woods leased out his Lands extorted what moneys he could from his Tenants and carried all with him in to Savoy where he dyed King Edward the first Anno 1301. put Robert Winchelsie Archbishop of Canterbury with all the other Bishops and Clergy out of his Protection and the Parliament House and seised the Archbishops Temporalties Goods Debts After which divers High Treasons and Rebellious Conspiracies were laid to his Charge by the King who thereupon the second time seised all his Temporalties and Goods moveable and immoveable appealed him to the Pope banished him the Realm forbidding any of his Subjects under grievous penalties to harbour him and seised all the Lands of the Monks of Canterbury and banished them the Realm for furnishing this Arch-traytor secretly with necessaries King Edward the second caused all the Goods of Iohn Stratford Archbishop of Canterbury to be seised and his Temporalties to be sequestred into his hands whiles Bishop of Winchester for taking that Bishoprick by Provision from the Pope against his Royal command After which being advanced to Canterbury by King Edward the third he was soon after accused of Treason Treachery and Conspiracy with the French and Pope against the King whose designs against them he crossed all he could whereupon the King resolved to commit him Prisoner to the Tower of London whither he sent the Bishop of Chichesier then Lord Chancellor and the Bishop of Lichfi●ld then L. Treasurer Prisoners for the like offences Wherupon this Archbp. flying to Canterbury and there standing on his Gard refused to render himself carrying himself very insolently and rebelliously against the King both in his Sermons and Excommunication saying That he had received no honor nor advancement from the King but ONLY FROM GOD and that he would give an account of his Actions in no. Court and to no Person but in Parliament Whereupon a Parliament was summoned and divers hainous Crimes charged against him by the King which the King after great suit and intreaty pardoned Simon Langham Archbishop of Canterbury Chancellor of England Anno 1371. was put from his Office his Temporalties seised and stripped of all his Archiepiscopal ensigns for receiving from Pope Vrban the Cardinalship of St. Sixtus without King Edward the third his privity who was highly offended with him for it Anno 1386. Simon Sudbury Archbishop of Canterbury in the insurrection of Iack Straw was beheaded on Tower-Hill his Head fixed on a Poll and set on London Bridge as a Traytor and Enemy to the King and People King Rich. the 2d highly offended with Will. Courtney Archbishop of Canterbury for receiving his Archbishoprick by provision from the Pope against the Law and his Prerogative Royal and for other Misdemeanours commanded all his Goods and Temporalties to be seised and forced the Archbishop himself to hide his Head for fear of imprisonment till he made his peace with him Thomas Arundel Archbishop of Canterbury was impeached and condemned of High Treason against the King in the Parliament of 21 Rich. 2. by judgement of Parliament for which he was

de Bromfield the 48th Bishop of Landaff was for a long time committed Prisoner to the Tower his Temporalties seised and Goods confiscated by King Richard the second for procuring and bringing in the Popes Bulls of Provision contrary to his own Oath and the Laws of the Land to make himself Abbot of Bury Richard Bishop of Bangor siding against King Iohn his Soveraign with L●olin Prince of VVales was taken Prisoner by the King in his own Cathedral Church and put to a ransom of 200. Hawks Roger Young Bishop of Bangor was imprisoned two or three years for his disobedience against King Henry the 4th and confederating with that Rebel Owen Glendor Arthur Bishop of Bangor was attainted in a Praemunire in the 36. year of King Henry the 8th for suing for the right of Patronage and Tithes of the Church of Langeyneiin in his Spiritual Court which belonged only to the Kings Temporal Courts for which he was put out of the Kings protection his Goods confiscated Temporalties seized and his Person adjudged to be imprisoned according to the Statute he sold away 5. fair Bells out of the Steeple of his Cathedral Giso Bishop of Bath and Wells had many conflicts with King Herald who forced him to fly the Realm and seized his Temporalties all his Reign Ioceline Bishop of Bath and Wells joyned with Archbishop Langhton and other Bishops in excommunicating his Soveraign King Iohn and interdicting the Kingdom for which offences his Temporalties were seized his Goods confiscated himself forced to fly and banished the Realm for five years space Robert Stillington Bishop of Bath and Wells for siding with the bloudy Usurper Richard the third at whose Coronation he was specially employed and for yielding assistance to Lambert the Counterfeit Earl of Warwick and other Treacheries was publickly accused of High Treason against King Henry the 7th and also arrested of High Treason in the University of Oxford whether he fled for Sanctuary imprisoned in the Castle of Windsor till his death Anno 1491. and his Goods and Temporalties seized William Barlow Bishop of Bath and Wells was attainted in a Praemunire by which his Temporalties and Goods were forfeited to the King Gilbert Bourne the 47. Bishop of Bath and Wells for denying the Queens Supremacy and refusing the Oath of Supremacy and Allegiance to her 1 Eliz. was deprived of his Bishoprick And to mention no more Presidents in so plain a Case August 4. 1641. Walter Bishop of Winchester Robert Bishop of Coventry and Lichfield Godfry Bishop of Glocester Ioseph Bishop of Exeter Iohn Bishop of Asaph George Bishop of Hereford Matthew Bishop of Ely William Bishop of Bangor Robert Bishop of Bristol Iohn Bishop of Rochester Iohn Bishop of Peterborough Roger Bishop of Landaffe and William Bishop of Bath and Wells were all of them joyntly and 2. of them particularly impeached by the Knights Citizens and Burgesses of the Commons House of Parliament for several high Crimes and Misdemeanors contrary to the Kings Prerogative the Fundamental Laws of the Land the Rights of Parliament the Property and Liberty of the Subject and matters tending to sedition and of dangerous consequence After which most of them with the Archbishops of Canterbury and York were committed Prisoners to the Tower their Goods and Temporalties sequestred and sold by sundry Ordinances of Parliament If any out of Ignorance or Prejudice should deem all these proceedings against the Persons and Temporalties of our Archbishops and Bishops from age to age illegal unjust or sacrilegious let them peruse the Statutes of 1 E. 3. c. 2. 14 E. 3. c. 3. 25 E. 3. c. 6. 2 R. 2. c. 7. 13 R. 2. Stat. 2. c. 8. 43. 16 R. 2. c. 5. 6 H. 4. c. 7. And the year books of 20 E. 2 Fitz. Corone 237. 16 E. 3. and 14 E. 3. Fitz. Quare non admisit 3 7 8 11 21 E. 3. 3 30 60. Book Contempts 5. 19. 22 E. 3. 22 26. Ass. 19. Brook Forfeiture 82. 106. 29 E. 3. 42. Fitz. Execution 159. 38. Ass. 22. Grant 1. 38 E. 3. 12. 46 E. 3. Praemunire 1. 10 H. 4. 6. 14 H. 4. 14. 8 H. 6. 3. 9 E. 4. 28. 27 H. 8. 14. 22 Brook Exigent 3 Stamford l. 2. c. 45. Cook 5. Report f. 12 13. 8. Report f. 68. Cooks 3. Institutes c. 36. 54. Sir Iohn Davis Reports f. 84. the case of Praemunire Upon perusal of all which it will most evidently appear that both our Parliaments and Judges have frequently declared resolved that both their Persons may lawfully be attached imprisoned banished executed their Temporalties seized and Goods confiscated to the King for their Offences Contempts Rebellions both by the Common and Statute Laws of England and therefore by like reason their Lands may be alienated and taken from them for their offences or abuses of them without sin sacrilege or injustice by our Kings and Parliaments beyond all contradiction as they have been from time to time both by the Emperors of Rome Greece Germany the Kings and Kingdoms of France Spain Hungary Italy Denmark Sweden Poland Scotland and Ireland as well as England 6ly That as the Lands and Temporalties of Bishops Abbots Cathedrals by their very first Charters of Endowments and Foundations were alwaies lyable to these 3. Temporal charges and Secular services though dedicated to God and his Church to wit Military Expeditions and Charges of War for the defence of the King and Kingdom the building and repairing of Castles and Bridges commonly expressed in antient Charters under this exception Exceptis Expeditione Pontis Arcis constrictione vel necessariis defensionilus Arcium quae nulli unquam possint laxari So if the Bishops and Abbots upon the Kings writs of Summons refused to send in their Proportions of Horse and Armes according to the Number of the Knights sees they held by and perform these Services to our Kings in times of War or Danger or denied to grant competent Aydes and Subsidies to our Kings when demanded their Temporalties Lands Goods Movables were usually seized into the Kings hands for this Contempt as is evident by Claus. 4● H. 3. m. 3. 6. Dorso the presidents of Archbishop Winchelsie and other Bishops forecited p. 52 53 c. So our Kings in times of War have frequently seized upon Archbishops Bishops and Church-mens Lands and given them to their Commanders and Souldiers witnesse the presidents of King Osfa and Kenulphus of old who took away sundry Mannors and Lands from the Archbishops of Canterbury which they partly divided amongst their Captains and Souldiers and partly retained to themselves with other presidents since And not only so but the Knights Citizens Burgesses and sundry Lords in successive Parliaments even in times of Popery have often pressed our Kings to take away sell and alienate the great superfluous Mannors Lands Temporalties of Bishops Abbots and Church-men for easing the Kingdom and people from Taxes and maintaining of Earls Nobles

taken away and setled in the King his Heirs and Successors And no longer since than 21 Iac. c. 30. York-house in the Strand was by special Act of Parliament by way of Exchange taken from the Archbishop of York and setled on King Iames his Heirs Successors and Assigns and after that on the Duke of Buckingham upon pretext that it was for the benefit of the Archbishops By all which Acts and Presidents it is most evident that our Kings Parliaments and Temporal Lords may not only seise sequester the Temporal Lands Goods Estates of Bishops and Church-men in cases of Delinquency and Contumacy but likewise substract alienate and sell them to supply the necessities of the King and Kingdom in times of war and extreme necessity without Sacriledge or Impiety which should cause our present Archbishops Bishops and Cathedralment to carry themselves with greater Loyalty and Dutifullnesse towards his Sacred Majesty with greater humility sobriety meeknesse and respect towards the Temporal Lords Commons and People than their Predecessors have done and make them very carefull of giving just offence or provocation to all or any of them especially at this present juncture of our Ecclesiastical and Civil Officers in so hopefull a way of future Settlement if their pride avarice ambition or indiscretion do not interrupt them 7ly That Archbishops Bishops Deans and Chapters themselves by their common consent may lawfully alienate sell and give away not only their Lands and Possession which were never solemnly consecrated but even their very consecrated Chalices Vestments and Ornaments of their Churches themselves though more peculiarly consecrated by Episcopal benedictions more immediately devoted to Gods service than their Lands and other Temporalties and that in cases of publick necessity or charity as to relieve the Poor in time of famine to redeem Captives to ransom their lawfull Kings to support their decayed Patrons and Benefactors to defend their native Country against invading Enemies or Christians against Infidels to prevent a greater mischief and for the benefit of the Church in general as sundry antient Councils and the Popish Canonists themselves have resolved Yea by the Popes consent without any of these Causes our Archbishops and Bishops might alienate sell morgage give away and dispose of the Lands belonging to their Bishopricks as the express clause in their Oath to the Pope not to do it without the Popes council and consent imports When our King Richard the first was most injuriously taken in his return from the Holy Land and for a whole year and three months space kept Prisoner by the Emperour of Germany and at last put unto a ransom of one hundred thousand pounds of Silver after the weight of Colen Anno 1093 the Kings Collectors being unable to levy so great a masse of moneys thereupon Majores quidem Ecclesiae thesauros ab antiquis congestos temporibus Ecclesiae Parochiales argenteos calices praemiserunt the Archbishops Bishops Abbots and Priors of all Conventual Churches gave the fourth part of their annual Rents and other inferiour Clergy-men the Tenth of their Tithes and the Cistercian Monks all their Wools towards his speedy ransom Yea the Chronicle of Brompton and others inform us that the Kings Collectors wanting monies after a double exaction of what they could scrape together from all parts Postrenis ut nulla vacaret occasio ad vasa sacra et utensilia Ecclesiae ventum est Ieaque per omnem Anglica regni latitudinem sacri Calices exactoribus regiis traduntur vel paulo infra pondus redimuntur Vasa etiam alia Cruces Praelatorum anu●● cum auro de Sanctorum fere●ris abra●o sunt conflaia Nec erat hoc secundum Patrum decreta illicitum cum urgen●tisimus necessiiatis ar●●enlus instaret Nec ulla erat distin●●●o in this necessity Clerici Laici secularis religiosi rustici urbani s●à omnes indifferenter juxtà substantiae suae vires vel redditum quantitatem pro redemptione Regia portionem suam solvere cogebantur Privilegia Praerogativae Iunnunitates Ecclesiarunt tunc silebant penitus et vacabant Omnis enim dignitas libertas os suam oppilabat Cisterciensis quoque ordinis Monachi qui ab omni exactione Regie hactenus immunes extiterant tantò magis tunc onerati suerant quantò minus antea publici oneris senserant gravitatem Exacti quoque conctilanam suarum ovium resignarunt And should not our Bishops and Cathedral men now for and towards his Majesties most glorious redemption and his three whole Kingdoms ransom from near twelve years exile and captivity and for the future settlement of our Churches Kingdoms in sound and lasting peace in pursuance of his Majesties most gracious Declarations and Engagements at Breda and the Generals Parliaments Engagements before his happy return into England to give competent satisfaction to Purchasers of their Lands not only part with their antient Treasures Chalices Miters Crosiers Church Ornaments Copes but likewise with their late alienated Temporalties and Revenues for competent terms of years of lives reserving the antient or an improved rent rather than violate the publick saith peace of the King Kingdom Parliament oppugn his Majesties royal Commands the Lords Commons Parliaments Souldiers and Peoples desires by unreasonable demands or indiscreet covetous and violent proceedings against Purchasors and Tenants which may indanger if not demerit the forfeiture reseisure and new sales of all their Lands and Temporal Revenues in case of obstinacy and dis-satisfaction herein The rather because our Bishops by the Laws of England before the Statute of 1. Iac. c. 3. and other restraining Acts might with the consent of their Deans and Chapters not only lawfully lease their Lands for how many years or lives they pleased but likewise alien and sell the Inheritance thereof or charge them with what Rent-charges they pleased especially by the Kings consent as the grant of a Rent-charge out of the Glebe of a Parsonage by the Patron or Ordinary in time of vacancy or of the Parson Patron and Ordinary joyntly to a Layman shall bind the Successours in perpetuity as is evident by the Statutes of 37 H. 8. c. 16. 1 Jac. c. 3. 33 H. 8. c. 31. Littleton sect 648. Cooks 1. Institutes f. 343 344 44 45. and many other Lawbooks Not to adde many Presidents to those forecited in so clear a case it is registred by Bishop Godwin of Iohn V●sly Bishop of Exeter in King Edward the 6th his Reign That of all the Bishops of the Land he was esteemed the best Courtier being better liked for his civil Behaviour than his Learning which in the end turned not so much to his credit as to the spoyle of his Church for of twenty two Lordships and Manors which his Predecessors had left unto him of a goodly yearly Revenue he left but three and them also leased out and where he found 13. Houses and Palaces too many by 12. for any one Apostolical Bishop well

If then it were neither Sac●iledge Impiety nor Injustice in these Parliaments and our Kings to take away sell alienate these Lands and Revenue of Priors Monks Monasteries and divert them from their primitive uses as our Bishops Dean and Chapters must grant as well as others or else renounce resign most of the Temporalties Rents Appropriations and Revenue they now enjoy originally belonging to Monasteries then by the self-same reason it can be no Sacriledge impiety or injustice for the King Lords Commons and Parliament upon the like grounds and considerations to take away sell alienate the temporal Land of Bishops Deans and Chapters if they offend or obstinately refuse to give the late Purchasers of them competent satisfaction for the Kingdoms Peace and Tranquility upon their commands and votes 9ly That is evident by our Histories Records Leager-books that all or most of the Manors Lands Tenements in England and Wales now in the possession of the King Queen Nobility Gentry and Commons of England have heretofore in some Age or other been solemnly consecrated devoted and given by their Ancestors to some Cathedral or Collegiate Church Abby P●io●y Nunnery Cell religious House or other or else by art fraud monyes vested in and setled on them in perpetuity as the Churches Patrimony Yet notwithstanding they have been alienated substracted or taken wholy from them in successive Ages and the inheritances of them setled in our Kings Nobles Gentry and Yeomanry without any scruple of Consciences or real or imported guilt of Sacriledge From whence it inevitably followeth That is the greatest part of all the Temporalties Lands and Revenues which our Archbishops Bishops Deans Chapters Prebends Abbots Priors Monks Templars Hospitallers and other Ecclesiastical or religious persons formerly enjoyed by as good right title in Law Conscience as those now or any of them yet enjoy them might be lawfully alienated or justly taken from them by our Kings Parliaments and Temporal Lords and may be still detained from them by the Purchasers of them their Heirs or Assigns without Sacriledge Impiety or Injustice Then by the self same reason the Lands and Temporalties they lately possessed or yet possess may upon any publick necessity or just occasion be alienated sold and taken from them by our Kings Parliaments Lords and Common without the guilt of Sacriledge or Impiety so as there be a competent maintenance left for the Evangelical Ministers Bishops and Pastors of Parochial Churches for the instruction edification and salvation of the Peoples souls committed to their charge There being the self-same reason of Sacriledge and no Sacrilege in alienating substracting selling detaining the major part of their Lands temporalties as of the Minor Or else if it be real Sacriledge to alienate sell detain any parcels of Lands or Temporalties formerly given by our antient Parliaments to others or vested in the Church or Church-men then all our Kings Parliaments Nobles Commons must be actually guilty of these sins and as far forth obliged in Justice Conscience to make full restitution of all church-Church-lands whatsoever formerly alienated or substracted as the late Purchasers of Bishops and Cathedral Lands and then the whole Kingdom or farre greatest part thereof must henceforth become the Churches and Church-mens Patrimony and our Kings Nobles Gentry Commonalty of all degrees their mere Homagers Vassals Farmers and Tenants at sufferance the antiquity of former alienations sales of Church-lands by our Ancestors if Sacrilegious and Impious rather aggravating than extenuating the Crime but no wayes justifying the Legality thereof it being a Maxime in our Law Quod ab initio non valet tractu temporis non convalescit and a Principle in Divinity that the older any sin is and the longer persevered in the more execrable and fit to be repented redressed and that Heirs Assignees and Successors are obliged to make restitution of sacrilegious Rapines as well as the immediate Authors of them 10ly That the Dispensation and Indulgence of Pope Iulius the 3d. himself Cardinal Pole Archbishop of Canterbury his Legate upon the Petition of all the Bishops and Clergy of England though Papists and the memorable Act of the whole Parliament of 1 2 Philip Mary c. 8. reciting them and confirming all alienations seisures sales of the Lands Manors Rents Revenues Goods as well of Archbishops Bishops Deans Chapters Prebends Cathedrals as of Abbots Priors Monks and other Religious Persons and Monasteries made by our Kings or Parliaments to the Crown and the Purchasers of all and every of them and their Heirs from the twentyeth year of King Henry the 8th till the first of Queen Mary during their revolt and pretended scisme from the Church of Rome and of all Ordinations Presentations Ecclesiastical Sentences and Proceedings for the publick peace benefit tranquility of the Church and Realm of England and satisfaction of Purchasors may for ever silence our Prelates and Cathedral mens loud cryes against the sacriledge of the late Sellers and Buyers of Bishops and other Cathedral mens Lands and enduce them to give the Purchasors of them full satisfaction by confirming their sales for a competent time For which end I shall transcribe so much of that memorable Act as concerns our present case and condition We the Lords Spiritual and Temporal and the Commons in this present Parliament assembled representing the whole body of this Realm reduced received by your Majesties intercession to the unity of Christs Church and the obedience of the Sea Apolike of Rome and the Popes holyness governing the same make most humble suite unto your Majesties to be likewise means and intercessours that all occassions of contention hatred grudge suspition and trouble both outwardly and inwardly in mens Consciences which might arise amongst us by reason of disobedience may by authority of the Popes holyness and by ministration of the same unto us by the most reverend Father in God the Lord Cardinal Poole by dispensation toleration or permission respectively as the case shall require be abolished and taken away and by authoritie sufficient these Articles following and generally all others when any occasion shall so require may be provided for and confirmed First that all Bishopricks Cathedral Churches Hospitals Colleges Schools and other such foundations now continuing made by authority of Parliament or otherwise established according to the order of the Laws of this Realm sithens this scisme may be confirmed and continued for ever Item that mariages made infra gradus prohibitos consanguinitatis affinitatis cognationis spiritualis or which might be made void propter impedimentum publicae bonestatis justitiae or for any other cause prohibited by the Canons only may be confirmed and children born of those mariages declared legittimate so as those mariages were made according to the Laws of the Realm for the time being and be not directly against the laws of God nor in such case as the Sea Apostolike hath not used to dispence withall That institutions of

Priests Monks overmuch freequented of late and former times as well in England as in forein parts Now all these Sacrileges as they have no real ground or foundation in Gods word tending only to secure the persons goods of Prelates Church men and other Ecclesiastical persons and all kinds of Traytors Malefactors Debtors Bankrupts Cheates flying unto them and their Churches for Sanctuary and hiding their Goods within their precincts to protect them from the Kings and Civil Magistrates power Laws Officers Executions as our own Histories Statutes and Law-books resolve in the several cases of Thomas B●cket Archbishop of Canterbury Hubert de Burgo Earl of Kent Iohn Sa●age and sundry others See 50 E. 3. c. 6. 2 R. 2. c. 3. 21 H. 8. c. 2 7.4 H 8. c. 2. 26 H 8. c. 13. 28 H. 8. c. 7 13. 32 H. 8. c. 12 15. 2 E. 6 c. 2 13. 1 and 2 Philip and Mary c. 4. 1 Mary c. 6. 5 Eliz. c. 10 14 19 20. 13 Eliz. c. 7. 14 Eliz. c. 5. 18● Eliz. c. 3. Kelway f. 91 188 190 1 H. 7 10 23 29. Stamford l. 2. c. 38 39. Brook and Ash Title Sanctuary So the bare alienation or ablation of Bishops Abbots and Cathedral mens Lands by our Kings Parliaments or Clergy men themselves fall neither within the words nor intention of any of these Sacrileges extending only to sacred persons Goods and Chattels not to the sale of Mannors Land● Tenements Rents Temporalties of Church-men which is no Sacrilege either within the Canonists or Scholemens definition or division of Sacrilege 4ly That Hostiensis and other Canonists cited by him inform us That whoever doth any injury to Ecclesiastical persons commits Sacrilege and not only so but that it is Sacrilege for any man to question or dispute the Judgement or Decrees of the P●pe or to transgresse dis-respect any publick Laws not to yield due reverence to the Popes or Bishops Canons to violate an Holy-day to imploy a Jew in any Office or to oppresse any pious Place or Hospital under the Patronage or Protection of the Church But these things I presume our Bishops and Cathedral men themselves will ingenuously confesse to be no Sacrilege at all notwithstanding the Popish Canonists and Schole mens resolutions And by like reason the Kings or Parliaments alienation or ablation of their supefluous or abused Church-Land Temporalties must prove no real Sacrilege though some Popes Popish Canonists and Scholemen have concluded it to be so 5ly That Alexander Alensis and others resolve That it is Sacrilege for any Lay-Men with their Families Cattle and Goods to be received or enter into Churches Chaples or Churchyards or to eat drink and lodge in them in times of Peace But if they do it in times of War and Necessity to preserve themselves against the Enemies in cases of eminent danger as they did frequently during the Danish and Norman Invasions and during our Civil Wars then it is no Sacrilege at all Vbi est hujusmodi necessitas non est Sacrilegium If then the case of eminent danger necessity and War will make that to be no Sacrilege in this case which otherwise would have been Sacrilege Then by the self-same reason the Kings or Parliaments ablations sales of the Lands of Bishops Deanes Chapters Abbots Priors in times of War and publick Necessity to defray the vast debts and expences of the Kingdom will prove to be no Sacrilege at all by the definition of Popish Scholemen of old yea of some late Iesuits both in Germany and Spain as well as of Iohn Wickliff Iohn Hus and other fore-cited Protestant Divines and Martyrs concurring in Judgement with them FINIS ERRATA at the P●es●e P. 3. l. 3.25 r. 43. p. 26. l. 6. Almes ● Char●● p. 33. l. ●● 〈◊〉 r. praises p. 36. l. 9. r. this is p. 4● l. 28. Successors 〈◊〉 l. 19. Plancta p. 49. l. 19. dominii p. 50. l. 7. ●aica p. 62. l. 31. excommunicate p. 63. l. 5. Lord. p. 65. l. 11. Monks p. 84. l. 4. Officers r affairs p 91. l. 9. most r. just p. 93. l. 16. iuherent p. 94. l. 15. impated p. 100. l. 2. praesenti l. 26. relaxandi p. 101. l. 16. minus l. 29. consentientes r. 101. l. spiritualis p. 57. l. 38. Edward 6. r. Henry p. 63. l 1. r. N●●● Margin p. 48. l. 19. r. l. ● l 20. r. Anselm Glessarum Hunagium * Quem dabis mihi de numero Episcoporū qui non plus invigilet subd●●orum evacuandis marsupiis quam vitus extirpandis Ubi est qui orando flectat iram Ubi est qui praedicet annum acceptibilem Domino Pauci admodum sunt qui non quae sua sunt quaerunt Diligunt munera nec possint pariter deligere Christum qui a manus dederunt mammonae Bernard Sermo 77. super Cantica ‖ See Grotius de Jure Bell. l. 3. c. 10. a Acts 5. 42. c. 20 21 28 1 Cor. 9. 14 to 24. 2 Tim. 4. 1. 2. Rom. 15. 18. 19 20. Mar. 16. 16. a Eccles Hist Gentis Auglorum l. 3. c. 4. 28. l. 4. c. 3. b Actus Pontisicum Cant. col 1636 1637. c Beda Eccles. Hist. l. 1. c. 27. Spelman Concil p. 96. Surius Concil Tom. 1. p. 359. d Spalato de Repub. Eccl. l. 9 c. 7. 2. 36. Bernard super Cantica Sermo 77. Goncio ad clerum in concilio Rhemensi e Gervasius Dorob actus Pontif. Cant. col 1636 1637. Beda f Lu. 22 24 25 26. Vidos omnem ecclesiasticum zelum fervere sola pro dignitate tuenda Honori totum datur sanctitati nihil aut parum Bern. de consid ad Eugenium l. 4. c. 2. g 1 Tim. 2. 1 2 3. h Deut 33. 26 27. [a] Iohn Fox Acts Monuments London 1641. Vol. 1. p. 563 564. 565 566 587. * Fox Acts Monuments Vol. 1. p. 595. c An allegory upon the Paschal lamb A Protestation whereby he giveth light unto the Reader how the proposition aforesaid is to be understood and addeth that the goods of the clergy are not utterly to be taken away but in case they doe abuse the same Nabuchodonozor Ioas. Ezechias David Case of necessity Titus and Vespasian The example of Christ paying of tribute St. Ambrose his mind Christ commanded tribute to be paid unto the Emperor Paul appealed to the Emperor St. Ambrose there in the 8. distinct Daniel 2. St. Augustine Magistrates keepers of both Laws The duty of Kings to punish the Clergy Matthew 21. Wisedom 11. An objection of the desire of other mens goods St. Augustine 14. quest 4. 1 Cor. 3. The clergy subject unto the Emperor and King by means of their possessions Paschasius in 〈…〉 cap. 〈◊〉 The 〈…〉 the Clergy Gregory writeth to the French Queen Wicked Priests the destruction of the people St. Gregory to the French King * Beneficium propter affictum When and how the title of any gift is l●st It