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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

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quibusvis Apostolicis ac in provincialibus synodalibus conciliis editis specialibus vel generalibus constitutionibus caeterisque contrariis quibuscunque Admonemus tamen cum divisio Episcopatuum erectio Cathedralium Ecclesiarum sint de majoribus cansis quae summo Pontifici sunt reservatae recurrendum esse ad suam Sanctitatem ab ea suppliciter postulandum ut haec confirmare seu de novo facere dignetur Et licet omnes res mobiles Ecclesiarum indistinctè iis qui eos tenent relaxaverimus eos tamen admonitos esse volumus ut ante oculos habente divini judicii severitatem contra Balthasarem Regem Babilonis qui vasa saera non àse sed à Patre è templo ablata in prophano usus convertit ea propriis Ecclesiis si extant vel aliis restituant Hortante etiam per viscera misericordiae Iesu Christi obsestantes cos omnes quos haec res tangit ut salutis suae non omnino immemores hoc saltem efficiciant ut ex bonis Ecclesiasticis maxime iis quae ratione personatunm vicariatuum populi ministrorum sustentationi fuerint specialiter destinata seu aliis Cathedralibus aliis quae nunc extant inferioribus Ecclesus curam animarum exercentibus ita provideatur et earum pastores personae et vicarii commodè et honestè juxta corum qualitatem et statum sustentari possint et curam animarum laudabiliter exercere et onera incumbentia congruè supportare Datum Lambeth prope Loudinum Wintonien Diocess Anno Nativitatis Domini Millessimo quingentesimo quinquagesimo quarto Nono Cal. Ianuarii Pontif. Sanctissimi in Christo patris et Domini nostri Domini Iulii divina providentia Papae tertii Anno quinto Reginaldus Cardinalis Polus Legatus We the said Lords Spiritual and Temporal and Commons in this present Parliament assembled rendering most humble thanks to your Majesties by whose intercession and means we have obtained the said Dispensations of the Popes holyness by the most reverend Father in God his Legate most humbly beseecheth the same that it may be ordained as followeth And therefore be it enacted by the Authority of this present Parliament that all and singular Articles and Clauses contained in the said Dispensation as well touching the establishment of Bishopricks and Cathedral Churches as also the confirmation of mariages in degrees prohibited by the Canons of the Church the legitimation of Children and the ratification of Process and of Sentences in matters Ecclesiastical touching the invalidity of them for want of Jurisdiction and the institutions and destitutions of and in Benefices and Promotions ecclesiastical dispensations and graces given by such order as the publick Laws of the Realm then approved and all other things before contained in the said Letters of dispensation shall remain and be reputed and taken to all intents and constructions in the Laws of this Realm lawfull good and effectual to be alleged and pleaded in all Courts ecclesiastical and temporal for good and sufficient matter either for the Plaintiff or Defendant without any allegation or objection to be made against the validity of them by pretence of any general Councel Canon or Decree to the contrary made or to be made in that behalf And whereas divers and sundry late Monasteries Priories Commandries and late Nunneries Deaneries Prebends Colleges Hospitals Houses of Fryers Chauntries and other religious ecclesiastical Houses and places and the Manors Graunges Messuages Lands Tenements Rectories Tithes Pentious Portions Vicarages Churches Chapels Advowsons Nominations Patronages Annuities Rents Reversions Services and other Possessions and Hereditaments to the late Monasteries Priors Nunneries Commaundries Deaneries Chauntries Prebends Houses of Fryers Colleges Hospitals and other religious and ecclesiastical Houses and Places and to sundry Archbishopricks and Bishopricks within this Realm late appertaining and belonging came as well to the hands and possession of the said King of famous memory Henry the 8. father unto your Majesty our said Soveraign Lady by dissolution gift grant surrender attainder or otherwise as also to the hands and possession of divers and sundry other persons and bodies politick and corporate by sundry means conveyances and assurances according to the order of the Lawes and Statutes of this Realm And where also divers Manors Lands Tenements and Hereditaments parcel of the possessions of Archbishoprick and Bishopricks and many and sundry late Deaneries Colleges Chauntries Rectories Prebends free Chapels Guyldes and Fraternityes Manors Houses Graunges Lands Tenements Rents Services and other Ecclesiastical Possessions Hereditaments Goods and Cattels to the said Archbishopricks Bishopricks Deaneries Colleges Chauntries free Chapels Rectories Guyldes and Fraternityes late appertaining and belonging or appointing to and for the finding of Priests Obyttes Lyghts or other like purpose came as well to the hands and possession of the late noble King Edward the sixth Brother unto your Majesty Soveraign Lady by vertue of an Act of Parliament therof made or otherwise as also the hands and possessions of divers sundry other persons and bodies politick and corporate by sundry means conveyances and assurances according to the order of the Laws of this Realm a great number of which said late Monasteries Priories Nunneries Commaundries Deaneries Colleges Hospitals Prebends Chauntries free Chapels Guyldes and Fraternities and the Manors Granges Messuages Lauds Tenements Rents Reversions Services Tithes Pentions Portions Vicarages Churches Chapels Advowsons Nominations Patronages Annuities and Hereditaments Goods and Cattels to the said Monasterie● Nunneries Commaundries Deaneries Colleges Hospitals Chauntries free Chapels Guyldes Fraternities and other Ecclesiastical Houses Archbishopricks and Bishopricks belonging as well for great sums of mony as for other good and reasonable causes and considerations have been conveyed and assured to diverse the Subjects and bodies politick of this Realm aswell by the said King Henry the eight the said King Edward the sixth and by your Highnesse our Soveraign Lady and joyntly by both your Majesties as also by diverse the Owners of the said Ecclesiastical possessions which said conveyances and assurances by their sundry Letters Patents and other writings more plainly do and may appear Forasmuch as the said most reveverend Father hath also by the said Dispensations removed and taken away all matter of impeachment trouble and danger which by occasion of any general Councel Canon or Decree Ecclesiastical might touch and disquiet the possessions of such Goods moveables lands tenements possessions and hereditaments as were of late belonging to any of the said Archbishopricks Bishopricks Monasteries Priories Nunneries Commaundries Deaneries Houses of Fryers or other religious Houses or Places of what nature name kind or quality soever they be of Yet for that the Title of all lands possessions and hereditaments in this your Majesties Realm Dominions is grounded in the laws statutes and customs of the same and by your high jurisdiction authority royal and crown imperial and in your Courts only to be impleaded ordered tryed and adjudged and none
Knights and other Military men to ayd our Kings in their Wars and have actually taken away divers Mannors Lands and Tenements from our Archbishops Bishops and Cathedrals as well as from Abbots Priors Monasteries and given them to our Kings or such as they should appoint The House of Commons in two several Parliaments held in the years of our Lord 1403. and 1404. under King Henry the 4th when this King wanted and demanded aydes and monies from them to carry on his Wars against the Welch-men at home and the French with other Enemies abroad counselled and pressed the King to seize upon the Lands of the Bishops Abbots and Spiritualtie to supply his wants with their Temporalties and Superfluities Whereupon there grew a great contest in the Parliament between the Clergy and Laity the Speaker of the Commons House and the Knights affirming That they had often served the King in his Wars not only with their Goods but also with their Persons in very great Dangers and Ieopardies whiles the Prelates and Spiritualty sate idle at home and helped the King nothing at all Whereupon the Bishops and Clergy to preserve their Temporalties from being taken away in these two Parliaments readily gave the King a Tenth in the first of these Parliaments and a Tenth and an half in the second After this the Knights and Commons in the year 1410. presented this Petition to King Henry the 4th and the Lords in Parliament To our Most Excellent Lord the King and all the Nobles in this present Parliament assembled all your faithfull Commons humbly demonstrate and truly affirm that our Lord the King might have out of the Temporal Possessions Lands and Tenements which are occupied and proudly leudly and unprofitably spent consumed and wasted by the Bishops Abbots and Priors within this Realm so much in value as would suffice to sustain in food 15. Earles 1500. Knights 6200. Esquires and 102. Hospitals more then now be Pressing the King and Lords to take away these Temporalties which they proudly and unprofitably consumed and to imploy them on other publick uses But by the subtilty and potency of the Bishops Abbots and Clergy from whom the King demanded a Tenth to be annually granted to him during his life wherein they were ready to gratifie him they preserved their Temporalties for that present Yet afterwards the Commons in Parliament Anno 1414. renewed this their old Petition to King Henry the 5th and the Lords to seise upon the Bishops and Abbots Temporalties shewing how many Earls Knights and Esquires they would maintain exhibiting a Bill to that purpose Hereupon the Bishops and Abbots whom it touched very near much fearing the issue determined to assay all wayes to put by and overthrow this Bill minding rather to bow than break agreeing first to offer the King a great sum of mony to put by his demand and afterwards intituling the King to sundry Provinces and the whole Realm of France in this Parliament and stirring up the King and Nobles to regain the same by force of armes Towards the recovering and regaining of which antient Right and Inheritance they granted the King in their Convocation such a sum of mony as by Spiritual persons never was to any Prince though the whole Christian world before these times given and advanced By which policy and grant they preserved their Temporalties from being taken away from them by that Parliament Yet some of their Manors and Temporalties were parted with to the King and Lords to purchase their peace after every of these Parliaments In the Parliament of King Henry the 8th in the 22d year of his Reign there were sundry Bills exhibited in Parliament against the abuses of the Bishops and Clergy and many hot contests between the Commons and Prelates who at the last brought them within the compasse of a Praemunire in this Parliament to the confiscation of all their Goods Temporalties and imprisonment of their Persons for submitting to Cardinal Wolsie his Power legatine from the Pope contrary to the Laws of the Realm and the Kings Prerogative Whereupon upon the Bishops and Clergy of the Province of Canterbury proferred to give the King the sum of one hundred thousand pounds and those of the Provinces of York eighteen thousand pounds more and likewise agreed to give the King the Title of THE SUPREAME HEAD OF THE CHURCH OF ENGLAND NEXT UNDER CHRIST which they would never do before to take off the forfeiture of the Praemunire Which the King accepting of granted all the Bishops and Clergy a General Pardon in Parliament out of which Iohn Archbishop of Dublin and the Bishop of Hereford with six more Clergy-men only were excepted and soon after this Parliament many of the Bishops Temporalties and Manors were granted by them to the King by their special conveyances besides others of them leased or granted to Courtiers great Officers and Favourites to preserve the remainder of them In the Parliament of 37 H. 8. by a special Act of Parliament printed in our Statutes at large under a feined pretext of Exchanges and other Recompences the Manor of Rippon in Yorkshire together with 69. other Manors there named their members and appurtenances were alienated and taken away from the Archbishoprick and Archbishop of York nine Manors one Castle with sundry Parks and Rectories belonging to the Archbishoprick to Canterbury the Manors of Chelmesford and Crondon with the Park of Crondon and all their Members Rights and Appurtenances were alienated and taken quite away from the Archbishops of Canterbury and Bishops of London and their Successors and by these Bishops Indentures and this Act of Parliament setled on the King his Heirs and Successors for ever as well against the said Archbishops and Bishop of London and their respective Successors as against the respective Deans and Chapters of York Canterbury London and their Successours and every of them any Law Custom Statute or other thing to the contrary hereof had or made notwithstanding as in and by the said Act worthy perusal is more at large recorded Besides these the City of Bath the Manors Markford Chedder Chew Claverton Compton Dando Compton Panel Congesbury Clanmore Everchurch H●riton Kineston L●d●ord Pucklechurch Wellington Westerleigh VVatton VVecke VVile Yatton with sundry other Farmes Tenements Hundreds and Appropriations have been alienated by and taken from the Bishoprick of Bath and VVills the Manors of Sherburn Sunning and sundry others from the Bp. of Salisbury and sundry other Manors Lands Tenements Farmes from the Bishops of VVinchester Lincoln Ely Chichester Norwich Exeter Hereford Coventry and Litchfield Durham Carlisle before and since 37. Henry the 8th And had not the Statute of 1 Lac. c. 3. restrained the Alienations of Bishops Lands and Revenues they had long ere this had no Lands or Rents at all to dispose of In the Parliament of 7 E. 6. by a special Act of Parliament the Bishoprick of Durham with all the Lands and Hereditaments thereof were
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-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
otherwise and understanding that the whole full and most gracious intent mind and determination of your most excellent Majestyes be that all and every person and persons bodies politick and corporate their heirs successour and assignes and every of them shall have keep retain and enjoy all and every their estates rights possessions and interests that they and every of them now hath or hereafter shall have of and in all and every the Mannors Graunges Messuages Lands Tenements Tithes Pentions Portions Advousons Nominations Patronages Annuities Rents Revertions Services Hundreds Wapentakes Liberties Franchises and other the possessions and hereditaments of the said Monasteries Abbies Priories Nunneries Commaundries Deaneries Colleges Prebends Hospitals houses of Fryers Chantries Rectories Vicareges Churches Chaples Archbishopricks Bishopricks and other Religious or Ecclesiastical houses or places or of any of them within this Realm or the Dominions of the same by such Laws and Statutes as were in force before the first day of this present Parliament and by other lawfull conveyance to them thereof made That it may be therefore enacted by the authority of this present Parliament that as well your Majesty our Soveraign Lady your heirs and successors as also all and every other person and persons bodies politick and corporate their heirs successors and assigns now having or that hereafter shall have hold or enjoy any of the scites of the said late Monasteries and other the Religious or Ecclesiastical houses or places and all the said Mannors Graunges Messuages Lands Tenements Tithes Pentions Portions Glibe-lands Advousons Nominations Patronages Annuities Rents Revertions Services Hundreds Wapentakes Liberties Franchises Profits Commodities and other the possessions and hereditaments of the said late Monasteries Abbies Priories Nunneries Commaundries Deaneries Colleges Prebends Hospitals houses of Fryers Rectories Vicariges Chauntries Churches Chapels Archbishopricks Bishopricks and other Religious and Ecclesiastical houses and places or any of them of what name nature or kind soever they be shall have hold pos●ede retein keep and enjoy all and every the said Scites Manuors Graunges Messuages Lands Tenements Possessions Profits Commodities and other Hereditaments according to such Interests and Estates as they and every of them now have or hold or hereafter shall have or hold of and in the same by due order and course of the laws and Statutes of this Realm which now be or were standing in force before the first day of this present Parliament in manner and form as they should have done if this Act had never been had ●e made This Act or any thing herein conteined to the contrary in any wise notwithstanding Saving to you our said Soveraign Lady your heirs and successors and every of them and to all and every other person and persons Subjects of this Realm and bodies politick and corporate and to their heirs and successors and to the heirs and successors of all and every of them other then such whose right title or interest is bounded or taken away undone or extinct by any Act of Parliament heretofore made or otherwise all such right title claim possession interests rents annuities commodities commons offices fees leases liveries livings pentions portions debts duties and other profits which they or any of them lawfully have or of right ought to have or might have had in of or to any of the premisses or in of or to any part or parcel thereof in such like manner form and condition to all intents respects constructions and purposes as if this Act had never been had he made And that it may be further enacted by authority aforesaid that all and every Article Clause Sentence and Proviso contained or specified in any Act or Acts of Parliament concerning or touching the assurance or conveyance of any the said Monasteries Priories Nunnerie Commaundries Deaneries Prebends Colleges Chantries Hospitals houses of Fryers Rectories Vicariges Churches Chaples Archbishopricks Bishopricks and other Religious and Ecclesiastical houses and places or any of them in any wise concerning any Mannors Lands Tenements Profits Commodities Hereditaments or other the things before specified to the said King Henry the 8th or King Edward the 6th or either of them or any other person or persons or body politick or corporate and every of them and all and every Writing Deed and Instrument concerning the assurance of any the same shall stand remain and be in as good force effect and strength and shall be pleaded and taken advantage of to all intents constructions and purposes as the same should might or could have been by the Laws and Statutes of this Realm in case this present Act had never been had ne made And that all Feostaments Fines Surrenders Forfeitures Assurances Conveyances Estates and Interests in any wise conveyed had or made to our said late Sovereign Lord King Henry the 8th or to our said late Sovereign Lord King Edward the 6th or either of them or to any other person or persons bodies politick or corporate or to any of them by Deed or Deeds Act or Acts of Parliament or otherwise of any of the Sites Mannors Lands Tenements Possessions Profits Commodities or Hereditaments of any of the said Archbishopricks Bishopricks late Monasteries Priories Nunneries Commaundries Deaneries houses of Fryers Colleges Chantries Hospitals Prebends free Chaples or of any Mannors Lands Tenements Revertions Services Tithes Pensions Portions Annuities or of any other Hereditaments of by or from any Ecclesiastical or Spiritual person or persons or by or from any Spiritual or Ecclesiastical corporation or body politick shall be as good and available in the Law to all Intents Constructions and Purposes as they were by the Laws and Statutes of this Realm standing in force before the first day of this present Parliament And that the same may and shall be pleaded alleged and taken advantage of in such sort and to such effect as they should could or might have been by the Laws and Statutes of this Realm standing in force before the said first day of this present Parliament And that all and every Clause and Article of saving conteined in all and every the said Acts and Statutes shall stand remain and be in such force strength and effect as they were before the said first day of this present Parliament any thing conteined in this present Act to the contrary in any wise notwithstanding And that it may be in like manner enacted by authority aforesaid that whosoever shall by any processe obteined out of any Ecclesiastical Court within this Realm or without or by pretence of any Spiritual Jurisdiction or otherwise contrary to the Laws of this Realm inquiet or molest any person or persons or body politick for any of the said Mannors Lands Tenements Hereditaments or things above specified contrary to the words sentences and meaning of this Act shall incur the danger of the Act of Fraemunire made in the 16. year of King Richard the 2d and shall suffer and incur the forfeitures and pains contained in the same To which
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
till September 11. An. 1100. at which time the King received him into his favour and restored him to his Bishoprick After which he fell again into the Kings displeasure and dyed of grief that he could not clear himself of the Rebellion charged against him which he was summoned to answer In the year of our Lord 1101. K. Henry the first upon the innumerable complaints to him made against Ranulph Flambard Bishop of Durham by the Vote of a whole Parliamentary Council clapt him up Prisoner in the Tower of London for a most notable Oppressor Extortioner Rebel Traytor prepared to act any wickednesse who was likewise created by VVilliam Rufus both Chancellor and Treasurer of England This Bishop afterwards escaping into Normandy perswaded Duke Robert to invade the Realm to the great disturbance thereof and effusion of much Christian bloud After which having purchased his peace with large Gifts ●et the K. exacted from him great sums seised on all his Goods Bishoprick Edgar King of Scots about the year 1100. gave the Town of Berwick to the Bishop of Durham but because he afterwards wrought Treason against him he lost the Gift the King thereupon resuming the Town into his own hands Hugh Pusar Bishop of Durham who purchased the Earldom of Northumberland of King Richard the first for giving a rude sawcy answer to King Henry the second had his Castle of Durham seised into the Kings hands Anno 1184. and otherwise was afflicted by him Anthony Beak or Bek Bishop of Durham excommunicating the Prior and Monks of Durham notwithstanding their Appeal to the Pope and King and going to Rome without the Kings License King Edward the first thereupon seised his Temporalties and Liberties and appointed a new Chancellour new Justices and other Officers of Durham During this his disgrace this King for his con●empts took away three Manors and the Church of Symondbury from the Bishoprick with divers other Lands He being with other Bishops put out of the Kings protection for denying to grant him an ayde he and they were forced to make their peace with large Gifts the grant of the fifth part of thier Ecclesiastical Goods and Revenues for one year After the death of Lewis Beaumont the Monks of Durham electing a Monk of their own for their Bishop the Archbp. of York consecrating him without the Kings License the King thereupon refused to restore his Temporalties to him and caused Richard de Bury without any election of the Monk or Chapter to be made and consecrated Bishop in his place whereupon the Monk retired into the Monastery Cuthert Tonstall Bishop of Durham for his disobedience to King Edward the 6th was committed Prisoner to the Tower of London Decemb. 20. 1551. where he continued all his Reign the King being so highly offended with him that in 7 E. 6. by a special Act of Parliament the Bishoprick of Durham was dissolved and all the Lands and Hereditaments thereof given to the King his Heirs and Successors though afterwards the Bishop and Bishoprick were restored by Queen Mary but in 1 Elizabeth this Bishop was deprived of his Bishoprick by Act of Parliament for refusing the Oath of Supremacy and opposing the Queens proceedings and committed Prisoner to Lambeth Our learned Martyr William Tyndal writing of this Bishop Tonstall observes That the cause why he left the Bishoprick of London for Durham was only covetousness and ambition Neither addes he is it possible naturally that there should be any good Bishop so long as the Bishopricks be nothing save wordly pomp and honour superfluous abundance of all manner of Riches and Liberty to do what a man list unpunished things which only the evil desire and good men abhor Roger the great rich Bishop of Salisbury who contrary to his Oath Duty and Allegiance to King Henry the first his Advancer and Maud his Daughter set up and made Stephen a Usurper King thereby involving the Kingdom in intestine bloudy wars and feuds all his Reign by a divine retaliation of his Perjury and Treachery had his Person imprisoned his 2. newly repai●ed Castles of Sh●rborn and Malmesbury with his stately new built Castle of Devises and all his ammunition and treasures in them seised upon with the ●astles of his Nephews and Creatures Nigellus Bp. of Ely Alexander Bp. of Lincoln for real or pretended offences which Castles K. Stephen refused to restore or to be judgd by the Bishops or their Canons in the Council of Winchester sommoned by the Popes Legate to debate the legality of their seisure by the King and to restore them to the Bishops which the King would by no means give his consent to do the Archbp. of Rhoan justifying the lawfulness of these Castles seisure in the Council as well as the Kings Lawyers Richard Milford Bishop of Salisbury was by order of the Barons in Parliament in XI R. 2. removed from the Court and imprisoned in the Castle of Bristol as a pernicious Whisperer Flatterer evil Counseller Traytor to the King and Kingdom William Ayscoth Bishop of Salisbury Confessor to King Henry 6. by his oppressions ill dealing and consenting to the yielding up of Anjou and Mayen to the hands of the French King so far incensed the Nobles and vulgar Rabble his Tenants too against him that in the insurrection of Iack Cade June 29. 1450. some of these Bishops Tenants coming to Ed●ndon in VVilishire whiles he was there saying Masse seised upon him even in the Church drew him from the Altar arrayed in his Pontifical Massing Vestments carried him to the top of a Hill not far off and there whiles he was kneeling on his Knees cleft his Head in two stript him naked to the skin and renting his bloudy shirt into several pieces took every man a rag to keep it as a monument of this their exploit Which though tumultuous and illegal in them was yet a just judgement of God upon himself for opre●sing his Tenants and other publick misdemeanours Anno. 873. Alfred Bishop of Leicester was deprived of his Bishoprick for his misdemeanours by King Elfred Vl● Bishop of Lincoln was banished the Realm and hardly escaped with his life together with Robert Archbishop of Canterbury and VVilliam Bishop of London by Edward the Confessor by the advise of his Nobles assembled in a Parliamentary Council for giving this good King wicked Counsel an incensing him against the English causing the King to infringe his good Laws and not to administer upright Justice to his People which he promised to reform upon their banishment Alexander Bishop of Lincoln was banished the Land forced to fly into Scotland and deprived of his Bishoprick Anno 1070. for opposing VVilliam the Conquerour as an Invador of the Church and ravishers of Ecclesiastical things the Norman Conquerors making bold with all the Money Chattels Charters they could find in any Monastery which they diligently searched by the Kings command who
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
furnished he left only one House bare and unfurnished yet charged with sundry fees and annuities whereby this Bishoprick which sometime was accounted one of the best became in Temporal Lands one of the meanest If then our Bishops and Cathedral men themselves may thus alienate sell charge exchange their Temporal Lands and Possessions or lease them out to their Wives Children Kindred Courtiers Friends without Sacrilege or Impiety No doubt the King Temporal Lords and Commons in Parliament may much more alienate lease charge them upon any publick necessity for the Kingdoms ease peace settlement after so many years Wars and Revolutions without any Sacrilege or Injustice all circumstances duly considered 8ly That the Lands formerly given to Abbies Priories Monastries Templers Hospitalers and other Religious Orders were dedicated to God and the Church with greater Ceremonies and Solemnities ratified by more Charters Confirmations of our Kings and Parliamentary Councils and by more solemn Anathemaes Curses Excommunications then any Lands setled on Bishops Deans Chapters or Cathedrals as the Charters themselves yet extant and our Histories resolve beyond dispute Yet our Kings in all ages before and since the Conquest have not only seized their Temporalties in times of War but likewise detained them in their own hands to their own use and given them to their Officers Captains and Souldiers by way of pay or recompence for their salaries and that both before and since the Conquest as the Emperors of Germany and Kings of France Spain Hungary Poland Denmark Sweden Russia have frequently done and that of late years too as well as antiently by the Iesuits perswasion who affirm it to be lawfull and Iustas esse causas Monasteriorum fundationes in meliores usu● convertendi jam Pontifex Caesar Episcopi Principes judicarunt et verbis et factis Data sunt Monasteria in Belli sumptus data multa Episcopis data ad seminaria data Parochiis as Alphonsus de Vargas Relatio de Stratagem Iesuiticum c. 49. relates their words which he amplifies from c. 43 to 54. I shall instance only in some few Domestick presidents Beored King of the Mercians in the years of Christ 870. and 871 when the invading barbarous Danes plundered sacked burnt sundry Monasteries and the Mannors belonging to them putting the Monks and Abbots they met with to the Sword as well as others without discrimination seized upon divers Monasteries and their Lands retaining most of them in his own hands and giving the residue of them to his Commanders and Souldiers for the better maintenance of his Wars and Forces against the Danes for defence of the Kingdom and People against their invasions thus recorded by Ingulphus Abbot of Croyland B●orredus autem Rex Merciorum hoc intermedio cum Britonibus occupatus qui crebris eruptionibus Occidentalem partem Regni sui Merciae inquietabant audiensque Danos plagam ejus Orientalem plaga miserabili percussisse venit Londonias contracto maximo exercitu pertransiens per Regni sui plagas Orientales totam Heliensem insulam fisco suo applicavit procedensque in patriam Girniorum omnes terras de Medeshamstedensi monasterio in manum suam cepit scilicet quicquid inter Stanford Huntingdon Wischect dicto monasterio dudum pertinuerat remotiores vero terras sparsim per patriam jacentes stipendiariis militibus exercitus sui assignavit id secit de terris monasterii S. Pegae de Reifir● quasdam sibi retinuit quasdam militibus suis dedit id fecit etiam de terris monasterii Gutblaci de Croyland quasdam stipendiariis militibus distribuit quasdam sibi confiscavit Et licet venerabilis pater Godri●us saepius repetendo penes Regem Ministros suos multos sudores consumeret chartas donatorum Regumque confirmationes una cum suo proprio chirographo saepissime offenderet nihil semper nisi vacua verba reportans demum de negotii sui proposito penitus desperabat Cernens itaque malitiam temporis nimiam malitiam Regis terrarum cupidissimam statuit tandem secum hujusmodi Regias donationes surdo tempore petransire ac usque mel●ora tempora succederent deinceps sub silentio dissimulare laetus nimium exultans quod totam circumjacentem insulam liberam ab omni exactione Regali absolutam multum specialius sibi quam multis aliis monasteriis tunc contigerat Regia gratia concessisset Recesserunt ergo illo tempore de dicto monasterio Croyland usque ad praesentem diem non redierunt illae possessiones scilicet manerium de Spalding datum Adelwulpho Comiti cum omnibus pertinentiis suis manerium de Deping datum Langfero militi panetario Reg cum omnibus pertinentiis suis manerium de Crox●on datum F●rnodo militi vexillario Regis cum omnibus pertinentiis suis manerium de Kirsoton Kunerby in Lindefie cum omnibus pertinentiis datum Comiti Turgoto Bufenha●e vero Halington tunc fisco appropriata postea per industriam Domini Turketuli Abbatis Croyland donationem piissimi Regis Edrad restauratoris dicto monasterio fuerant restituta Similiter omnes caeterae teriae aliquando Croylandiae pertinentes quas Rex B●orredus cisco suo assumpserat scilicet Quarpelade Su●turton Langtoft Baston Repingale Nirfby Draiton Chirning Glaphtorn Adington Standon Badby per gratiam inclyti Regis Edredi diligentiam Abbatis Turketuli Croylandiae who redeemed them with very great sums of money whith he mentions p. 878 879. reddebantur Transiens tunc Rex B●orredus cum sito exercitu in Lyndes●e latissimas terras monasterio de Bardney dudum pertinentes fisco suo accepit immotas vero in diversis patriis divisas jacentes militibus suis dedit Besides the same Ingulphus records that in the 6. year of King Edward the Confessor though a great Patron of Abbots Monks and Monasteries Anno Dom. 1048. Wulgat Abbot of Pegeland by sundry sutes in the Kings Courts of Justice not only lost the site of his Monastery but after that all the Mannors and Lands formerly given thereunto after the Abbot of Burge hath recovered the former site of the Monastery and enforced him to rebuild the Abby in another place Illo in tempore venerabilis pater Dominus Wulgatus Abbas Pegelandiae diutissimam calumniam passus ab Abbatibus Burgi Elfino A●wino Leofrico Abbatiae suae sedem amittens tandem succubuit proh nesas totum situm monasterii sui judicio regalis curiae perdidit Tantum tunc potuit super justitiam pecunia contra veritatem versutia in curia Regis Hardecnuti Comitis Godwini potentia Cumque praedictus Abbas Wulgatus amisso situ monasterii sui juxta proximi fluvii crepidine● Weland nomine in suo manerio magis vicino de Northamburgt fundamenta novi monasterii jecisset illuc Abbatiam suam transferre disponeret Ecclesiamque ac dormitorium cum caeteris claustralibus officinis adjutus multorum
Act I shall annex Pope Iulius his Letters and Reasons sent to Queen Mary Anno 1554. for the granting of the forecited Dispensation which occasioned this Statute That all such as by just Title according to the Laws or Statutes of this Realm for the time being have any Possessions Lands or Tenements lately belonging to Monasteries Priories Bishopricks Colleges Chantries Obits c. whether they have purchased them for their money or are come to possesse them by gift grant exchange or by any other legal means whatsoever may retain and keep the same in their Possessions and have the same ratified and established unto them by the confirmation and dispensation of the Sea Apostolick Causes and Reasons why such Dispensations may be justly granted with honour and conscience 1. The State of the Crown of this Kingdom cannot well be sustained to govern and rule with honour if such Possessions be taken from it for at this day the greatest part of the Possessions of the Crown consisteth of such Lands and Possessions 2. Very many men have with their monies bought and purchased great portions of those Lands from the most Excellent Kings Henry the VIII and Edward the VI. who by their Letters Patents have warranted the same of which Lands and Possessions if the Owners should now be dis-possessed the King should be bound to repay unto them all their money which would arise to such an huge Masse that it would be a very hard matter for the Crown to restore it 3. The Nobles and Gentry of this Realm most of whom have sold and alienated their antient inheritances to buy these new cannot live according to their degrees if these Possessions should be taken from them 4. The Purchasors or Owners of such Lands and Possessions in as much as they came to them by just Title according to the Ordinance of the Kings of this Kingdom have held and do still hold a good and justifiable course in obtaining of them 5. The enjoying of such Lands and Possessions is so common unto every state and condition of Men Cities Colleges and Incorporations that if the same be taken from them there will necessarily follow thereupon throughout the Kingdom a sudden change and confusion of all Orders and Degrees 6. Seeing the Goods and Possessions of the Church even by the authority of the Canon Laws may be aliened for the redemption of Captives and that the same may be done by that Church only to whom such Possessions do belong It is fit and reasonable that such Dispensations should be granted for continuing of possession already gotten for so great a good of publick concord and unity of the Church and preservation of this State as well in body as in soul. The consideration of this Statute Letter and Reasons of the Pope himself and our Popish Prelates Clergy in Queen Maries daies may perswade our present Prelates and Cathedral men to the like Moderation Candor and Ingenuity for the satisfaction of the King Parliament Purchasors and preservation of the Kingdoms Churches Tranquility now and hereafter Finally because there is now an extraordinary great clamour against Sacriledge in most Pulpits new Pamphlets and in the Commons House it self by many who understand not truly and thoroughly what Sacriledge is I shall for a close of this Appendix inform them 1. That the word Sacriledge 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 is only once and no more used in sacred writ Rom. 2. 22. What the Apostle there means by committing Sacriledge and what this Sin should be both old and new Expositors do very much disagree I shall render them an account of 10. several opinions of Expositors concerning it who comment on this Text neither of them suiting with that which now alone is declamed against as the sole and only Sacriledge 1. Origen Ambrose and some others interpret Sacrilege The Iews violating of Christ the true Temple of God by crucifying him with their sins stealing him out of the Scripture and denying Christ MAGNO SACRILEGIO 2ly Chysostome Theodulus Theophylact Peter Martyr Dr. Willet expound it to be the Iews sparing of Idols and using of things consecrated to idolatry out of covetousness to their own private commodity which by the Law of God they should have destroyed which Calvin and Gualter mislike not And Peter Martyr thence infers Potest quidem Respublica Magistratus noster ea quae superstitiosa sunt auferre et corum pretia in usus pios et bonos convertere without any Sacriledge 3ly Gorhan defines this Sacriledge to be the giving of divine worship unto Idolls 4ly Calvin and Piscator expound it to be the contempt of the Divine Majesty 5ly Haymo informs us that Spiritual sacrilege est sacrorum verborum prevaricatio the praevarication of Gods word but according to the Letter he defines it Sacrarum rerum surtum verbi gratia Quisquis de the sauro Ecclesiae vel de substantia Dei familiarium aliquid occulte abstrahit Sacrilegium perpetrat which extends only to Goods not Lands with whom Lyranus the Syriack interpretation some Popish Commentators accord 6ly Peter Martyr and Lucas Osiander interpret it to be the buying and selling of the Priests Office Orders Benefices Bishopricks as many have done and still do who are really guilty of Sacrilege as well as Symony 7ly Paraeus and others expound it of polluting Gods Service with Iewish and humane inventions 8ly Grynaeus understands it of arrogating to their own merits that which was peculiar to the grace of God 9ly Peter Martyr applyes it to Fly his Sons and such other Priests who violently took away and appropriated to themselves the things offered and consecrated unto God 10ly Primasius Bishop of Vtica in Africk St. Augustine Disciple flourishing in the year 440. in his Commentary on this Text resolves SACRILEGIVMEST QUOD PROPRIE IN DEVM COMMITTITVR QVASI VIOLATIO VEL PRAEVARICATIO MANDATORVM Adding that the Apostle in the next words Per praevaricationem legis Deum inhonoras EXPOSVIT SACRILEGIVM Rhemigius and Haym● concur in substance with him And indeed this definition of Sacriledge that it is the breach or violation of the sacred law of God is most agreeable to the Apostles meaning and proper etymology of the word Hence Laurentius de Pinue a great Canonist and Angelus de Clavafio in his Summa Angelica Sacrilegium derive and define Sacrilegium quasi Sacrae legis lesio a more proper etymology than that of Innocentius the Pope quasi Sacriledium Now none of all these antient or modern Expositors define Sacrilege to be a taking away alienating or selling the Lands of Bishops Deans Abbots Priors Cathedrals Covents or Chapters never intended by the Apostle in those primitive times of the Gospel when the Apostles themselves and Evangelical Bishops in and immediately after their Age had neither Silver nor Gold nor Temporal Lands or Possessions to take away plunder steal or alienate as is evident by Acts 3. 5 6.
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