many thought The Templars were thus suppressed and four Years after the same Pope (h) Autographis in Archivis Scaccarii The Popes Bull to confer the Templars Lands upon the Hospitalers on the 17th of the Kalends of June 7 Pontificatus directs three Bulls one to the King another to the Arch-bishops Bishops c. and a third to the Nobility Earls and Barons of England the purport of which Bulls was that having had consultation whether it were better for the Professors of the Orthodox Faith in Hierusalem and for the relief of the Holy-land to give the Goods of the Templars to the Order of the Hospitalers of St. John of Jerusalem or to unite them to an Order to be Created anew as some affirmed it to be more profitable the business was debated in the Council at Vienna and the Pope grants them to the Hospitalers the Holy Council approving it and so hath thought fit to grant apply and unite their Goods to the said Hospitalers excepting till further order those within the Kingdoms of Castile Arragon Portugal and Majorca being without the Kingdom of France So the Pope intreats and perswades them to deliver to the Master and Brethren or Priors and Praeceptors of the said Hospitalers and their Proctors all the Goods of the said Templars entirely and peaceably (i) Sic igitur in praemissis vos promptos paratos exhibeatis quod praeter retributionis aeterni praemium quod inde merebimini vobis laudis humanae cumulus augeatur and that they would in the premises shew themselves ready and prompt whereby besides the praemium of Eternal reward which they should thereby Merit an Accumulation of human praise might be encreased to them Having thus considered what the Pope did about the Templars I shall shew you what the Parliament here did After reciting Statutum de terris Templariorum 17 Ed. 2. that the Military Order of Templars ceased and was dissolved c. Great Conference was had before the King in presence of the Prelates Earls Barons c. whether the King and Lords of the Fees or others which held those Lands which were the Templars might retain them by the Law of the Realm and with safe Conscience Whereupon the greater part of the Kings Council as well the Justices as other Lay persons being Assembled together the said Justices affirmed precisely that the King and other Lords of the Fees might well and Lawfully by the Laws of the Realm retain the foresaid Lands as their Escheats in regard of the ceasing and dissolution of the Order aforesaid But because the Lands c. were given to the Brethren of the said Order for the defence of Christians and the Holy Land against Pagans and Saracens and other Enemies of Christ and Christians and the Vniversal Holy Church and Canonized to the Augmentation of the Honor of God and liberal Alms-giving It is agreed ordained and established for Law to continue for ever That neither the King nor any other Lords of the Fees aforesaid nor any other person hath Title or Right to retain the said Lands c. Notwithstanding any Law or Custom of the Realm of England Wherefore our Lord the King by the mutual assent of the Earls Barons and Noblemen aforesaid of his Regal Authority in the same Parliament hath assigned and determined to deliver all the foresaid Lands c. To the Order of the Brethren of the Hospitalers of St. John of Jerusalem In which Act we may note that it was the Opinion of the Justices that they were Escheated to the Lords of the Fee and that they were only Transferred to the Hospitalers on account that they might perform the same service as the Templars had done It is probable you will ask me what I bring this relation for Objecti ∣ on since here is no Alienation of Church Revenues but only a suppressing of one Order for the great Crimes the persons were found guilty of as is recited in the first Bull and sequestring their Lands and Goods for some years and then entirely giving them to another Order then in being But if you consider the matter aright Answer ∣ ed. you will find more in it for the King and the Nobility having got the Lands and Goods thus in their Possession made no such Restitution as you think of For (k) Dugdales origines Juridiciales Tit. Temple Ed. 2. gave the Inner and Midle Temple the very chief House of their Order in England to Thomas Earl of Lancaster who forfeiting it shortly after it was granted to Adomar de Valence Earl of Pembrook and after to Hugh le Despencer for life The Temple given to Lay-Peers which Hugh being attainted 1 E. 3. the Right thereof devolved to the Crown and then the King restored it to the Hospitalers Temple-ne-wsom given to the Lord Darcy I might instance in many other places but I shall only do it in one viz. Temple-newsom in Yorkshire the account of which among my Collections I find thus (l) Esc 21. E. 3. n. 54. Inquisition being taken after the Death of John Lord Darcy called le Pere it is thus Recorded that the Manor of Temple-newsom some time was in the Possession of the Templars and after the deposing of them the King seized it into his hands and made a composition with the Brethren Hospitalers and gave it to Mary St. Paul Countess of Pembrook for Life the reversion to John Darcy and his Heirs Besides this in the 18 (m) Cart. 18. E. 3. M. 1. of E. 3. this John Darcy le Pere had free Warren granted him in Temple-newsom and Temple-Hyrst Com. Ebor. and Torksay Com. Lanc. and Ekington Com. Derby and Kirkly Com. Not. all which unless the two last certainly belonged to the Knights Templars And I have seen sufficient evidence that Temple-newsom at least continued possessed by the Family till it was forfeited by the Attainder of Thomas Lord Darcy towards the later end of H. 8ths time Surely you must yield that Alienations and Compositions for Religious Lands have been reputed valid in former Ages when the Canons of the Church and the Popes Authority were no ways questioned by the extruded A part of Lincolns-Inn is owned (n) Bucks univer p. 1072. Part of Lincolns-Inn and Grays-Inn formerly Religious Lands to have appertained to the Dominicans and by them Alienated to Henry Lacy Earl of Lincoln and Grays-Inn was part of an Ancient Prebendary of the Cathedral of St. Pauls So that we find the very Houses which are the Nurseries and Academies of the long Robe and where we may justly expect greatest care would be taken to be secure in their right have belonged to Religious Societies or the Dignitaries of the greatest Cathedral in England To descend nearer to our times I have seen the Bull of (o) Ex Autographo in Archivis Scaccarii Dissolution of several Monasteries to endow the College of Winsor Castle and Kings College Cambridge Pope Clement the 7th
and their Majâ—sties arising moved towards the Legat who readily met them and the Queen both in her own and the Kings Name desired that according to the Petition he would grant Pardon to the whole Kingdom and would gather it again to the Unity of the Church The Cardinals Powers Read. Then the Legat after all were seated caused to be h Read the Bulls and Breves and Powers which appertained to his Legatship i Recitâ—ri jussâ—â— quae ad Lâ—gaâ—ioâ—em facultates perâ—inebant â—ullam vocant Brâ—via The Cardinals Speech which being done he made a Speech and told them how they ought to return Eternal praise to the Everlasting God who had given them such eminent helps to amend their Errors and plainly had declared that he had a special care of that Kingdom even as in old times of the Church he had bestowed such favors on the English that they the first of all others having left the Errors of the Gentiles had with public consent embraced the Worship of the True God so now he had afforded that Grace to them when they had disjoyned themselves from the Church that they the first of all others should acknowledge how greatly they had offended and if (i) Quod si eos vere atque ex animo poeniteret quantum gaudâ—i putandum esse capere Angelos ex tanti populi tamque Ampli Regni conversione quibus vel unius peccatoris poenitens animus incredibilem afferre laetitiam soleret Haec atque alia permulta cum Legatus diceret visi sunt omnes vehementer commoveri they truly and from their Souls were Penitent how much joy was it to be thought the Angels would have at the Conversion of such a People and so great a Kingdom when as the Penitent Soul of one Sinner did wont to bring such ineredible joy to them While the Legat spake these and many more things to them they all seemed to be much moved saith my Author Then the Legat (k) Tum surrexit ipse cum omnes in genua procubuissent universos Anglice loquens Aâ—solvit ac dum ilâ—e Absolutionâ—m tribueret Reginae plerique aliis prae gaudio summoque picâ—atis studio obortae sunt Lachrymae omnesque absolutione peracta amanter inter se Ample cabantur atque haec verba saepius usurpantes hodie renati sumus mutuo graâ—ulabâ—ntur arose and when all had kneeled on their Knees in English he absolved them all and had scarce Pronounced the last words in the Name of the Father Son and Holy Ghost before all with one Voice said Amen Amen and while Absolution was giving the Queen and several others out of their great â—iety wept for joy and the Absolution being passed they embraced one another and mutually rejoyced often expressing themselves that that day they were born again Thence they went to the Chappel Royal and Te Deum was Sung. Thus I have given you faithfully what my Author present no doubt at the Action hath given an account of You may in Mr. Fox see the Letter writ by King Philip to the Pope giving him an account of that Days performance Dated on St. Andrews Even November 30. 1554. and another from the Cardinal Dated ult November I shall now acquaint you with what I find in the Journal of the House of Commons relating to this business whereby the truth of Duditius his Relation will the better appear An account of these matters out of the Journal of the House of Commons November 19th The Master of the Rolls and Mr. Sollicitor brought from the Lords the Bill to Repeal the Attainder of Gardinal Pool made 31 H. 8. and it was Read the second time that day November 20th The Bill to Repeal the Attainder of Cardinal Pool was Read the third time and Assented to November 21 the same Bill was sent to the Lords and Mr. Treasurer declared that the King and Queen would be to Morrow Afternoon in the Parliament House to give their Assent to the said Bill November 22. About three a Clock Afternoon in the Parliament Chamber the Royal consent was given to the Bill for Cardinal Pool and so made a perfect Bill November 27. Mr. Secretary Peter declared the King and Queens pleasures to be that the House be to Morrow at the Court to hear a Declaration by the Lord Cardinal of his Legacy November 28 Mr. Speaker Declared the Legacy of the Cardinal was to move us to come again to the Unity of the Church from which we were fallen The Master of the Rolles and Mr. Sollicitor declared from the Lords that they had appointed the Lord Chancellor four Earls four Bishops and four Barons to confer with a number of this House who Immediately were sent unto them The Lords aforesaid together with the Commons of the House appointed devised a Supplication to the King and Queens Majesties which was here Ingrossed and agreed by the House to be presented to the King and Queen whereby the Realm and Dominion might be again united to the Church of Rome by the means of the Lord Cardinal Pool Vltimo Novemb. This Afternoon before the King and Queens Majesty at the Palace the Lords and Commons being present the Supplication was Read in Latin and exhibited by their Majesties to the Lord Legat who making and Oration of the great Joy for the return of lost Sheep did by the Popes Holiness's Authority give Absolution to the whole Realm and the Dominions of the same December 4th Mr. Atturney and Mr. Sollicitor brought a Bill viz. A List of Names of divers of the Upper House requiring a number of this House to confer with them c. Which Immediately were named viz. the whole Council of the House that is all the Members of that House who were of the King and Queens Privy Council and Twenty one Knights and Burgesses sent up to the Lords On St. Stephen's Day Mr. Serjant Dyer and Mr. Sollicitor brought from the Lords the Bill to Repeal certain Acts touching the Supremacy which was Read next Day and the second time Read 29th December Upon the last of December there were Arguments touching the Bill of the Supremacy and upon the 2d of January Arguments upon the same Bill The same Day is thus entred the great Bill touching the Repeal of Acts against the See of Rome and Assurance of Abby-lands and Chantry Lands Read the 3d. time and Assented to By this Journal it appears that the Reconciliation was first performed before the Bill for the securing of Abby-lands was perfected in the Houses So that all the Members of both Houses being absolved in the Name of the whole Realm there could be no Objection against their unqualifiedness by any Church Censures to pass that Bill which is of no small moment to be considered Whence you may Judge concerning what Mr. (l) Marty part 3. fol. 113. Fox Writes That about the time of the Absolution a Messenger was sent from the Parliament to the Pope
an Angel of Peace and Concord by the Counsel and Unanimous assent of our Venerable Brethren the Cardinals of the Holy Roman Church and have Impowered thee with all the Faculties which we have thought necessary to the effecting so great a business or are any way seasonable for it and among other things have given Authority and Faculty to thy Circumspection to Accord and Transact with the Possessors of Ecclesiastical Goods concerning all the Fruits unjustly received and the Moveable Goods wasted and them to free and acquit when it can be done as in our Letters thereupon made it is more fully contained Whereas for these beginnings which by the Industry and dilgence and right and constant mind to God of the said Mary and in that matter by thy co-operating Study and Counsel the foresaid work of Reduction in the said Kingdom to this Day hath and the perfection of the said Famous work is dayly more to be hoped and the matter may be known thereby to have more easie progress so much the more as we shew hope of Apostolical Benignity and Indulgence in the Possessions of the Ecclesiastical Goods occupied by the Men of that Province in the confusion of the late times We not willing for any Earthly respects to hinder such a recovery of a Nation the most beloved of us in Christ after the custom of an Holy Father towards Sons of us and the Holy Catholic Church after a long time of dangerous Travel abroad meeting them that look back and return with a wished Embrace In whose excellent Vertue singular Piety Learning Wisdom and Dexterity we having in the Lord full trust at thy own Arbitrement by our Authority give thee full Power of Treating Agreeing Transacting and Compounding with whatever Possessors or Detainers of Ecclesiastical Goods as well Moveable as Immoveable in the said Kingdom for whom the said most Serene Queen Mary shall Intercede and give the full and free Apostolical Authority by the Tenor of these Presents and of certain knowledge to dispense with them that they may retain the said Goods without any scruple for the future and of concluding and doing all and singular other things which in these and about these are any way necessary and seasonable saving however in these matters in which for the greatness and the weightiness of them this Holy See of due may be thought by thee to be consulted our and the said Sees good Will and Confirmation notwithstanding the Letters of Pope Paul the 2d our Predecessor of happy Memory of not Alienating Church-Goods unless by observing a certain Form or any other Apostolical Edicts General or special Constitutions and Ordinations in Provincial or Synâ—dal Councils or any Oath or Apostolic Confirmation of any Churches Monasteries or other Regular or Holy Places or by any other Firmness corroborated Foundations Statutes and Custâ—ms having their Tenors sufficiently expressed to the contrary whatsoever The insincerity of the Author of the Letter to Dr. Burnet From this Breve the Author of the Letter would Insinuate that the Salvo took all away and vacated all the Concession of the Pope to make which the more probable he renders the Salvo thus that he reserves all to the Popes Confirmation and good pleasure in all those things that were of such Importance that the Holy See ought first to be consulted by Pool which even as this Translator renders it may but seem a necessary Reservation because some matter of great Importance might require it but as it is in the (i) Haec sancta sedes merito tibi â—ideretur conjulenda Breve it is onlly in such things as should to the Cardinal seâ—m fit that the Holy See should be consulted and I have not yet Read that the Cardinal found any further cause to consult the Pope or obtain greater Powers For he makes the dispensation general without any such Reservation and it is well known that when the Emperor and Granvillanus Bishop of Arras afterwards Cardinal understood this Breve was sent they said if they had known the extent of it they had not Importuned the Pope any further and our Friend of Dr. (k) Pa. 14. Burnets saith that by Ormanets Letter it appears that these last Powers gave the Emperor full satisfaction and were not at all excepted against only Granvillanus made some difficulty in one Point whether the settlement of the Church lands should be granted as a Grace of the Popes by the Cardinals hands Immediately to the Possessors or should be granted to Philip and Mary and by that means to the Possessors for it seems saith he it was thought a surer way to engage the Crown to maintain what was done if the Pope were engaged for it to the Crown with which he would not venture so easily to break as he might perhaps do with the Possessors themselves But continues he Ormanet gave him full satisfaction in that matter for the manner of settling it being referred wholly to the Cardinal by his Powers he promised he would order it in the way that should give the Nation most content Having thus removed all the difficulties I have met with and the objectiâ—ns against the fulness of Cardinal Pools Powers granted by Pope Julius the 3d. It is full time to consider the Transactions of the Cardinal in order to his Execution of the same Powers to the quieting of the Possessors Consciences and securing them from all Ecclesiastical censures SECT VIII Cardinal Pools confirmation of Abby-lands to the present Possessors and the Act thereupon BEfore I give you an account of the Act it self I think it necessary to shew the Cardinals Progress towards the Reconciliation which was the Foundation of the Confirmation of the Abby and Chantry Lands given to King Henry the 8th and Edward the 6th by the respective Acts of Parliament which Relation I extract out of Duditius in his Life of Cardinal Pool an Author I shall have occasion to mention hereafter (a) Duditius p. 26. A. B. He had been attainted by Act of Parliament and that was taken off two days before viz. 22. Novem. In September 1554. in the Company of the Lord Paget and Hastings sent by the King for that purpose Cardinal Pool arrived at Callice and there met six of the Kings Ships sent for him At Dover the Bishop of Ely and the Lord Montacute met him and at Gravesend the Bishop of Durham and the Earl of Salisbury who brought with them the Act of Parliament for his Restitution under the Broad Seal Then he took Shipping and by their Majesties appointment had the Silver Cross the Emblem of his Apostolic Legatship placed in the fore Deck of his Vessel and accompanied with many Boats and Barges he came to the Court the (b) Id. p. 27. The Reception of the Cardinal Bishop of Winchester Lord Chancellor met him at the Shore and presently the King also and the Queen received him at the top of the Stairs Having staid some while with their Majesties
shew their duty by the Canons is to preserve the Goods of the Church and the care of Souls was committed to them and they were apointed Defenders Curators of the goods Jurisdictions and Rights of the said Churches by the dispositin of the Holy Canons Therefore they ought with the remedies of Law to recover to the ancient Right of the Church the Goods Jurisdictions Rights of the Church (q) de perâ—â—â—â— amâ—â—â—a spent or lost in the late pernicious Schism The reasons why they desire their confirmation as preferring public Peace before privat commodity Nevertheless having had among themselves mature counsel and deliberation they do ingenuously confess themselves best able to know how difficult and as it were impossible the recovery of the Goods of the Ecclesiastics would be by reason of the manifest and almost inextricable Contracts and Dispositions had upon them and if those things should be questioned the quiet and tranquility of the Kingdom would be greatly disturbed and the unity of the Catholic Church which by the Piety and Authority of their Majesties was introduced into the Kingdom with greatest difficulty could obtain no due progress or finishing Therefore preferring the public quiet before privat commodities and the health of so many Souls redeemed with the precious Blood of Christ before earthly Goods not seeking their own Profit but the things of Jesus Christ They earnestly request and most humbly supplicate their Majesties in their names to communicate these things to the Legat and vouchsafe to intercede Here note by Goods Bona in the Canon-law all Lands as well as Chattels are comprehended That concerning these Ecclesiastical Goods in part or in whole according to his pleasure and the Faculty and Power given him by the most holy Lord the Pope he would enlarge or set at liberty and relax the detainers of those goods preferring public good before private Peace and Tranquility before Dissolution and Perturbation and the health of Souls before earthly Goods They giving their assents to whatever he should do and that in the premises he would not be strict or difficult The Dispensation of the Cardinal Then follows the Cardinal's Dispensation wherein after the recital of the several breaches of the supplication of the Parliament and the uncanonical things that had been done it is added The reasons laid down why the Cardinal dispenseth c. That as to Ecclesiastical Goods they were seized and possessed by divers persons of the Kingdom which tho' by the Constitutions of the Canons they might be declared void yet if they should be revoked into any other State than in which they then were the public Peace and Quiet of the whole Kingdom would be disturbed and the greatest Confusion would follow especially if the possessors of the same Goods should be molested Therefore the Parliament have humbly supplicated their Majesties that they would vouchsafe to intercede with the Cardinal And whereas the Bishop the Clergy of the Province of Canterbury representing almost the whole body of the Ecclesiastics of the Kingdom to whom the cause of those Ecclesiastic Goods do mostly appertain have declared That these Goods cannot be recalled to the Right of the Church but the universal Peace and Quiet of the Kingdom will be disturbed and the cause of the Faith and the Unity of the Church now by the consent of all introduced into the Kingdom shall be brought into extreme danger and have supplicated c. as before is rehearsed The Cardinal's Authority Therefore We who are sent Legat de latere to your Majesties and this most Noble Kingdom from our most holy Lord Pope Julius III. his and the Apostolic See That we might reconcile the Kingdom which hath so long been separated from the Unity of the Catholic Church to God the Church of Christ and his Vicar upon Earth and should with all study procure all those things which appertain to the Peace and Tranquillity of the Kingdom After by the benignity of God and the Piety of your Majesties by the Authority of the said our most holy Lord the Pope whose Person We here represent the Reconciliation is made That we may take care for the Peace and Tranquillity of the said Kingdom and the Unity of the Church from whence the Salvation of so many Souls redeemed by the precious Blood of Christ depends now introduced into this Kingdom may be strengthened and remain safe The stability of the Reconciliation the Peace consists in the assurance of Abby-Lands And whereas the stability of either of them consists mostly in that no molestation be brought upon the Possessors of Ecclesiastical Goods whereby they may not retain them which so many and such grave Testimonies cause us to believe and the Intercession of your Majesties who have so studiously and holily labored for restoring the Unity of the Church and the Authority of the Apostolic See may have that Authority with us that is fit and that the whole Kingdom may know and in truth and reality experience the Motherly Indulgence of the Apostolic See towards it Absolving and judging to be absolved every one to whom these Writings may appertain from all Excommunications Suspensions Interdicts and other Eâ—clesiastic Sentences Censures and Punishments by Law or by Man upon any occasion or cause whatsoever Pronounced if for the cause aforesaid only they be inflicted And so the Cardinal passeth to the particulars in the Supplication And lastly as to the Ecclesiastic Goods adds these words The words of the Dispensation and confirmation of Abby-lands notwithstanding Canons and constitutions c. to the contrary And to whatever person of this Kingdom to whose hands Ecclesiastic Goods by whatever contract either Lucrative or Onerose they have come or they have held or do hold them and all the Fruits tho' unduly received of them in the whole he doth remit and release Willing and decernning that the Possessors aforesaid of the said Ecclesiastic Goods Moveable and Immoveable may not at present or for the future by the Dispositions of General or Provincial Councils or the Decretal Epistles of Roman Bishops or any other Ecclesiastic Censure be molested disquieted or disturbed in the said Goods or the Possession of them nor that any Ecclesiastic Censures or Punishment be Imposed or Inflicted for the detention and Non-Restitution of the same and so by all kind of Judges and Auditors it ought to be adjudged and defined taking from them all kind of Faculty and Authority of Judging otherwise and decerning it to be Null and void if any thing happen to be attempted to the contrary Notwithstanding the foresaid defects or whatever Apostolic Special or General Constitutions and Ordinances Published in Provincial and Synodal Councils to the contrary An Admonition to those that do hold the Goods of the Church and an exhortation to allow maintenance to Parish Parsons and Vicars Then follows the Admonition that tho' all the Moveable things of the Churches were