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ID Title Author Corrected Date of Publication (TCP Date of Publication) STC Words Pages
A38840 The Evil eye plucked out, or, A discourse proving that church revenues cannot be alienated by any secular persons or powers without a manifest violation of the known fundamental laws of this kingdom, and of publick justice, and a common-honesty 1679 (1679) Wing E3555; ESTC R6758 19,644 92

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whether the Parliament had enacted it or no for in the year of our Lord 1532. Hen. 8.24 Anno Regni 24. He suppressed the Collegiate body of the Holy Trinity in London and gave their Plate and Lands to his new Favourite and Keeper Sir Thomas Audley and did not tarry for the Act of Parliament which came not forth till the year of our Lord 1535. 27 H n 8. Anno Regni 27. Nor durst the Parliament do less than humour him for fear of their heads he had so awed them in not sparing the bloud of their Predecessors And those who had the greatest integrity and courage he quickly cut off out of the way of his designs But do you judge now would it not have been thought a blessed and a just act of himself and the Commons had they thus cut off the Revenues of the Barons or if himself and the Lords had thus devested the Commons of their Estates or if himself and the Clergy in their Convocation had thus enacted the disseizing of the Laity But good God! What will not a powerful Leacher do when Revenge and Gain spur him on one side and he is sure to meet with nothing but helpless tears and words to oppose him It is certain there hath not been in the whole World so great a dishonour and so vile a scandal to the Protestant Religion as the impious practices of this dissolute Prince And yet after all this that he might gather together the fragments of this shipwrack't honour which he had so rashly prostituted in the sight of all Christendome he began at length to stick some little Feathers of the Geese that he had plucked and made some small shew of Love to the Church whom he had Ravished by raising towards his latter end here and there a little Bishoprick which by their indowments may be discerned to have proceeded from a very moderate zeal and by the slenderness of their Revenues in respect of the rest of the Kingdom as the Bishoprick of Oxon. 31.32.33 Hen. 8. valued in the Kings books at 354 l. 16 s. 4 d. ob founded Hen. 8.33 Peterborough valued per annum in the Kings books 414 l. 19 s. 11 d. founded Hen. 8.31 Glocester valued per annum 315 l. 17 s. 8 d. Hen. 8. 31. The Bishoprick of Bristol valued per annum 338 l. 8 s. 4 l. Hen. 8.31 c. 9. And although he fingered the Revenue of the Bishoprick of Norwich yet he substituted other Lands and to excuse the exchange alledged that they were of more value than those he took as is expressed in the Statute Hen. 8.32.47 32 Hen. 8.47 This was a poor pittance in proportion to that he took and yet was engaged by his Promise and Princely Word to advance the glory of God without which the Commons notwithstanding that dastardly fear they were possessed with would never have past that Act for the Dissolution 27 Hen. 8. So that we have a here fair example how much such persons design the glory of God or any countenance to Religion Nor doth that argument which some have brought from any emergent Necessity of Affairs for any robbery or depilation of the Church signifie any more to justifie such a proceeding than the former brought from a number of impious facts For first Evil is not to be done that Good may come of it and such it must be confessed to be to take away mens Properties and to spoil the Innocent Nor is every thing that is called a necessity such indeed or if it were Justin Iastitut tit digest 162. Quae propter necessitatem recepta sunt non debent in argumentum trahi Nor is it equal for any sort of men to spoil and disseise another sort on the pretence of pure necessity when it is indeed to the security and ease of themselves for this were to make those that are Parties Judges which no Law ever allowed nor themselves would be content to suffer Or supposing that necessity should supersede all right supposing it should be lawful Caiaphas Maxime Joh. 11.50 to kill one Man to save a Nation or to undo one sort of men to save the rest and withal that such a necessity should fall on this Kingdom I would fain know by what Law of God or Man the Clergy only should be the devovoted people and that their maintenance should be sacrificed more than the Estates of others Josephs example in Egypt will hardly allow this who for the preservation of the Lives of the Egyptians when he took the Estates of other men to the Kings advantage Medled not with the Lands of the Priests Gen. 47.26 but left their Revenue as free as Pharaohs much less did he sell it to maintain or ease others If necessity must fall let it fall on all men alike Where all lift together the greatest load will become portable And truly Maxime of the Common Law In pari necessitate potior est conditio possidentis In like necessity the condition of the possessor is most advantageous The Law tells us Bracton Lib. 2. fol. 12. that the Church is in the condition of aminor Ecclesia fungitur vice minoris And it is a strange piece of degenerous inhumanity to spoil a minor Justin Iastitut tit digest 110. §. 2. Pupillus pati posse non intelligitur That Pupils should be exposed no Government ever allowed or indured 'T is true there are some causes for which Clergy-men as well as others may be disseised as in case of Treason and the like Mag. Char. cap. 29. But no man must be disseised before he is convict Nor when he is convict can he loose more then he had which in Ecclesiastical preferments is only for the life of the Clerk after his death they do cedere successori go to the successor And in the vacancy no wast is suffered by the Law 14 Edw. 3. pro Clero cap. 4 5. in Manors Parks Ponds or Warrens c. no fines are to be levied of Tenants nor any under woods to be felled nor any other thing done which may tend to the disherison of the Church 14 Edw. 3. c. 4. 5. pro clero Nor will any consent of the possessors if they should be so perfidious make an alienation ever the more legal for though they are usufructuaries their interests extend but to their own times Ulpian lib. 46. Nemo plus juris ad alium transferre potest quam ipse haberet No man can transfer to others a greater right than himself had And if such Estates should ever discontinue from that use and end whereunto by the grants and wills of the Donors they were orignally designed they ought both in Equity and Law to return to them again or to their Heirs This is certain that it is the most reasonable thing in the World that every man should do what he thinks fit with his own and this is as certain that to pervert or frustrate the