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A30255 No sacrilege nor sin to alienate or purchase cathedral lands, as such: or, A vindication of, not onely the late purchasers; but, of the antient nobility and gentry; yea, of the Crown it self, all deeply wounded by the false charge of sacrilege upon new purchasers. By C. Burges, D.D.; Case concerning the buying of bishops lands. Burges, Cornelius, 1589?-1665. 1660 (1660) Wing B5676; ESTC R202286 78,792 78

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draw them on to such Donations Yea sozealously bent were the Prelates of those times to augment the Churches Patrimony that by a Provincial Constitution made by Richard Withershead alias Wctherhead Archbishop of Canterbury in the reign of Hen. 3. it was forbidden to all Physicians to administer any Physick to any Patient be his extremity and danger never so great under pain of suspension ab ingressu Ecclesae till the Patient were shrived by a Priest The pretence was to visit and physick his Soul first But the meaning was to get a collop out of his Estate to some Church Chappel or Monastery to increase their own Revenues Upon which the Priest absolved him but not before And this was that which occasioned the multiplying of Chaunteries Obiits c. and afterwards the abrogating of them in the reign of Edw. 6. to whom they were given by Parliament I. Edw. 6. 14. Nor were the Kings and Parliaments especially after King John so hood-winkt or cowed as not to see and take notice of and provide against those excessive gifts of Lands to the Church that is to the Clergy whereby they greatly robbed the Commonwealth and ruined many particular families Therefore the same Henry the third when he first granted the Great Charter and therein confirmed the Right and Liberties which doth not necessarily if at all import Lands of holy Church as that Idolized Crew was then termed did in the same Charter enact That it should not be lawful from thenceforth to any to give his Lands to any Religious house and to take the same again to hold of the same house Nor shall it be lawful to any house of Religion to take the Lands of any and to Lease the same to him of whom he received it And that if any from thenceforth gave his Lands to any religious houses and thereupon be convict the gift shall be utterly void and the land accrew to the Lord of the fee. Here then was a Law against voluntary gifts of Lands and a liberty granted to others to recover them back notwithstanding their pretended giving them unto God whereby it appears that some sorts of giving and accepting and receiving Lands for the Church is not a duty but a fault which deserves punishment not a reward Next after Hen. 3. succeeded his son Edw. I. who in the 25th of his reign confirmed the Great Charter and in it the clause or Chapter last mentioned But before he did that even in the seventh of his reign he made a strict Law against Mortmain by advice of the Prelates as well as others to make all gifts and purchases of Lands without special License from the King to be null and void and the Lands to be forfeited to the chief Lord if he took the advantage within one year and an half or else to the King in case the chief Lord neglected the time therein appointed and limitted It is true that Edward 3. a popular Prince at the importunity of the Clergy of whom he was necessitated to make much use in his wars did somewhat mitigate the rigour of former Statutes of Mortmain who in case of breach thereof enacted that instead of forfeitures parties offending should onely pay a Fine Howbeit in 15 Rich. 2. that Statute De Religiosis 7. Edw. I. was not onely revived and set on foot again but made to extend to all Lands privately given for Church-yards or Glebes of Vicars c. or to Guilds Fraternities and Corporations without special License from the King And that if any before this last Statute had bought procured or received such Lands without License they should either procure his License or sell those Lands away for other uses by the next Michaelmas following else the Lands to be forfeited and seisure to be made of them as in the aforesaid Statute of 7. Edw. I. de Religiosis was provided This indeed was the main quarrel which Thomas A undel then Archbishop of Canterbury had against that King for which he conspired with Henry of Bullingbrook afterwards Henry 4. to depose and ruine him By all which it is manifest that neither Kings nor Parliament no not Bishops themselves in Parliament ever took all Lands given to Churches upon mens private devotions and liberality to be sacred or holy to the Lord and thereby to become his propriety or so much as lawful for the Church to hold them without special License from the King and other chief Lord or Lords of the see Yea these Acts of Parliament declare plainly that such voluntary giving of Lands was in it self against Law For there being required a special License for legitimating thereof it is manifest that the thing could not be done without dispensing with the Laws made against it The unlawfulness whereof is declared to be that the King and Kingdom was thereby defrauded of such taxes and payments when the Lands once were in Mortmain or a dead hand to wit the Church as formerly had been raised out of them for defence of the Realm and the chief Lords of the Fee were deprived of their chiefRents Services Reliefs Fines of Alienation Eschetes c. which being an apparent wrong to all occasioned the making of those Laws against that lawless Liberty And yet our Advocates for Church-Lands will needs contend that every thing voluntarily given to Holy Church be it for what use it will Superstitious or not must needs by that very Donation instantly become so sacred that it may by no means be alienated and that God accepts it for his own although given contrary to the Laws of those men to whose Ordinances even to every one of them not contrary to Gods we are commanded to submit for the Lords sake whether it be to the King as Supreme or unto Governours as unto them that are sent by him c. Thus we see what in truth the Title of the Lands of Bishops and other Cathedral men in England was whence derived upon what grounds and in what manner procued and enjoyed which sufficiently argues them even in construction of Scripture as well as of humane Laws to be far from being sacred or Holy to the Lord so as upon any account whatsoever to intitle him unto them CHAP. III. It is neither Sacrilege nor other sin to aliene or purchase such Lands to any common use especially since the Statutes of 17. Car. I. cap. II. and cap. 28. THis is evident from the premises and is here added by way of Antithesis to obviate those Two confident Assertions of the Letter Answerer before mentioned viz. That to invade those things given to the Church be they moveable or immoveable is expresly the sin of Sacrilege And That this sin is not onely against Gods positive Law but plainly against his Moral Law To charge a man with Sacrilege is the highest accusation for the greatest crime next to the unpardonable sin against the Holy Ghost for it is ranged with Idolatry it self Rom. 2.22 yea