Evangelical Bishops from our Saviours time had no Temporal Lands or Possessions till the year of our Lord 319. when the Emperor Constantine the Great first endowed Bishops and Church-men with them as Matthew Westminster and others record though his pretended Donation of Rome and other Temporalties to Popes their successions as St. Peters Patrimonie be a mere forgery as Laurentius Vallâ— Dr. Crakinthorâ—e and others quoted by them prove at large Now Iohannis Paâ—â—siensis Higden Wickliffe the Lord Coâ—â—am Purvey Iohn Frith Nauclerus Bishop Iewel Thomas Beacon and others relate That when Constantine endowed the bishops and Church with Temporal Lands and Possessions the voyce of an Angel was heard in the ayre crying Hodie venenum infunditur in Ecclesiam This day is Poyson powred into the Church of God and from that time they observe because of the great Riches and Temporalties the Church and Bishops had they were made the more Secular and had more worldly business than Spiritual devotion and more outward Pomp and Splendor than inward Holyness the Daughter riches which the Church brought â—orth devouring her Mother Which if an experimental verity as sundry of our own and foreign Writers attest as I have elsewhere proved at large then it can be no Sacriledge or Impiety but wholsom physick for the King and Temporal Lords and Commons in Parliament for just causes to take away this poyson from Bishops and Cathedral Churches which hath so much poysoned corrupted them and to reduce them to the condition of the Primitive Bishops who by the Decrees of the 4th Councel of Carthage c. 14 and the Exceptions of â—gâ—â—rt Archbishop of York Anno 750. c. 26. were only to enjoy mean Houshold-stuff course Food and HOSPITIOLVM a little Cottage near the Church not a Royal Palace or Lordly Manors which made them more Proud Lordly Secular Tyrannical Pompous Covetous than any Temporal Lords and to take precedence of them both in great Councils Parliaments and other publick Assemblies yea to intrude themselves into the greatest Temporal Offices to the great neglect of their Spiritual Functions they scorning to hold and follow the Plough of Christ after they became Lords and Barons of the Realm as Bishop Latymer proves at large in his 4th Sermon of the Plough and forgetting these Canons of the 4th Council of Carthage c. 19 20. Vt Episcopus pro rebus transitoriis non litiget provocatus Vt Episcopus nullam rei familiaris curam ad se revocet sed Lectioni et Orationi et verâ—i Dei praedicationi tantummodo vacet as the primitive Bishops did which would gain our present Bishops more love respect reverence with God and all good men than all their Lordly Pomp Temporal Lands or Baronies which in all Ages have made Bishops and Cathedral-men more Secular than Spiritual more proud luxurious covetous vicious than religious or vertuous as Gregory Nazianzen Oratio 26. 35. Isiodor Pelusiota Epist. l. 2. Epist. 125. l. 3. Epist. 223. Gregorius Magnus lib. Pastoralis Curae part 2. c. 6. Moralium in Job l. 24. c. 29 30. Homil. 17. in Evangelia Gildas acris Correptio c'eri Britanniae St. Bernard Sermo 22 23 77. Cantica ad Clerum in Concilio Rhemensi de Consideratione ad Eugenium l. 1 2 3 4. Epist. 42. Henrico Senoniensium Archiepiscopo Johannis Sarisburiensis de Nugis Curialum l. 8. c. 17 23. Petrus Blesensis Archdeacon of Bath Tractatus de constitutione Episcopi Johanni Wigorniensi Episcopo Epistola 15 18 22 25 43 64. Robertus Holcot in lib. 5. Sapientiae Lect. 77. Alexander Frabricus Destructorium Vitiorum pars 4. c. 8 14 21 22. pars 5. c. 2. pars 6. c. 2. 26 40. John Wickliff Dialogorum l. 3. c. 14 17 23. Alvarus Pelagius de plancotu Ecclesiae l. 1. Artic. 70. D. l. 2. Artic. 1. to Artic. 17. Nicholaus de Clemangis de Corrupto Ecclesiae statu c. 17 18 19. Episcopus Chemnensis Onus Ecclesiae cap. 14 to 27. Joannes Aventinus Annal. Boyorum l. 5 6 7 8. Albertus magnus in Evangelium Johannis c. 10. Picus Mirandula Oratio ad Leonem 10. Petrus de Aliaco de reformatione Ecclesiae Abbas Uspergensis Paralip p. 164. Fasciculus Rerum expetendarum p. 173. Maâ—sâ—l Patavinus Defensoris Pacis part 2. c. 11. Theodoricus à Niem l. 3. c. 41 45. l. 2. Nemore Unionis c. 19 Guicciarden Historiae Ital. l. 6. St. Brigets Revelationes passim Petrus de Vinels Epist. l. 1. c. 35. Illiâ—icus Catologus Testium Veritatis Peirce Plowman his complaint of the Abuses of the World Sir Geofry Chaucer in his Ploughmans tale Lucifer Prince of Darkness his Letters to the Prelates of England written as is supposed by William Suinderby a Martyr Dr. Barnes his Supplication his Articles p. 210 to 216. and Mr. William Tyndal his obedience of a Christian man and Practise of Popish Prelates Iohn Bale de Vitis Pontificum Centuriae Scriptorum Brit. and Image of both Churches on the Apocalypse Iohn Frith a Martyr in his Answer to Mr. Mâ—res Preface Roderick Mâ—rs his Supplication to King Henry the 8th and Parliament c. 23 24. Another Supplication to King Henry the 8th printed 1544. The Image of a very Christian Bishop and of a counterfeit Bishop printed Cum Privilegio Regali under King Henry the 8th William Wraghton his Hunting and Rescuing of the Rhomish Fox dedicated to King Henry the 8th Henry Sâ—albridge his Exhortatory Epistle to his True Country-men of England against the pompous Popish Bishop thereof printed in H. the 8th his reign at Basil Martin Buâ—er Regins Professor of Divinity in Cambridge Dâ— Regno Christi dedicated to King Edward the 6th l. 2. c. 1 2 12. De vi usu sancti Ministerii The Image of both Pastors printed at London Cum Privilegio 1550. Bishop Hooper on the 8th Commandement p. 78 79. Bishop Latymer his 4. Sermon of the Plough Matthew Parker or Iocelin Antiquitates Ecclesiae Brittannicae p. 139 to 144. Thomas Bâ—acon his Reports of certain men and in his Supplication vol. 3. Bishop Iewel in his Sermon on Haggai 1. p. 176. and on Matthew 9. p. 198. All which the Studious may elsewhere peruse at leasure and sundry others joyntly attest Upon which consideration not only Wickliff and Hus but several of our Martyrs as William Suinderby Walter Bruce Iohn Purvey Sir Iohn Oldcastle Lord Cobham Sir Iohn Borthick justified the lawfullness and necessity of taking away the Bishops abused Temporalties which were such poyson to them 3ly That many of our Kings by the Laws and Customs of the Realm and by vertue of their Royal Prerogative have kept our Archbishops and Bishops Temporalties in their hands and taken the profits of them as their Demesn rents keeping their Sees when void by death translation or resignation for sundry years together as all the Archbishops Bishops Abbots Priors
second year of his Reign which took away his just Regal Power and Government of the Realm and delegated it to twelve Commissioners which Articles all the Bishops consented unto and sealed with their Seals and this Bishop amongst the rest for which in a Council held at VVestminster he was suspended both from his Episcopal Office and Bishoprick which were sequestred into the Kings hands Edmond Bonner Bishop of London a grand Persecuter and Burner of Gods true Saints yea a bitter Enemy to King Edw. the 6th and Queen Elizabeth was twice deprived of his Bishoprick for his Contempts and Misdemeanours once in King Edward the 6th his Reign and again in the first year of Queen Elizabeth for refusing the Oath of Supremacy and Allegiance and murthering so many Protestants under Queen Mary and by Authority of the Queen and Parliament committed Prisoner to the Marshalsee among Rogues where he died amongst Rogues and Murderers and was buried at midnight in obscurity Wina Bishop of VVinchester so highly offended Kenewalchus King of the West Saxons who advanced him that in the year 666. he drave him out of his Country and deprived him of his Bishoprick About the year of Christ 1107. King Henry the first was so far incensed against VVilliam Gifford whom he had formerly invested in the Bishoprick of Winchester by the delivery of a Ring and Crosier for renouncing thâ—◠〈◊〉 Investiture and refusing his Consecration out of fear to displease Archbishop Anselm that he seised his Temporalties and banished him the Realm Henry de Bloys Bishop of VVinchester against his Oath of Fealty and Allegiance to Qâ— Maud dis-inherited her of the Crown and set up K. Stephen in her stead who not long after falling out with this Bishop seised all his Castles whereupon he revolted to Maude and procured a Pall from the Pope to be made Archbishop of VVinchester and to have seven Bishopricks annexed to his Province VVilliam Raley Bishop of VVinchester for excommunicating the Maior Citizens and Monks of VVinchester for obeying King Henry the third his Edict not to give him or his any victuals or lodging and interdicting the Cathedral there was forced to fly the Realm and relinquish his Bishoprick till by Archbishop Bonifaces and the Popes mediations which cost him a gratuity of 6000 l. he made his peace with the King Ethelmar Bishop of VVinchester caused the Barons assembled in a Parliamentary Council at Oxford to take up Armes against him for his intollerable Insolencies Tyrannies Exorbitancies Oppressions and to drive him out of the Realm who seising on all his Goods and Treasure they could meet with writ Letters and sent Agents to Rome to stop his return into England which neither the King Lords nor Commons would permit upon any Letters or sollicitations from the Pope on his behalf to King Henry the third and the Lords Iohn Gernsey Bishop of VVinchester was excommunicated by the Popes Legat his Temporalties seised and he forced to fly to Rome for an absolution for taking part with the Barons against King Henry the third subscribing and ratifying with an Oath the Antimonarchical Provisions of Oxford in derogation of the Kings Royal Power and Government against his Oath and Allegiance to the King Henry VVoodlock Bishop of VVinchester interceeding to King Edward the first for Robert VVinchessie Archbishop of Canterbury banished for Treason and calling him his good Lord had his Temporalties seised Goods confiscated and was put out of the Kings protection VVilliam VVickham Bishop of VVinchester for wasting and embesselling the Kings Treasure to a great value wherein he was condemned had all his Goods seised his Temporalties bestowed on the young Prince of VVales and was likewise banished above twenty miles from the Court Stephen Gardiner Bishop of VVinchester for a seditious Sermon preached before King Edward the sixth and disobeying the Kings Injunctions was committed Prisoner to the Fleet and afterwards to the Tower of London for two years space and an half after which he was deprived of his Bishoprick seised into the Kings hands and sent to Prison again being an implacable enemy to King Edward the sixth and the Lady Elizabeth afterwards Queen of England whose death he oft contrived and had well-nigh accomplished Iohn White Bishop of VVinchester to obtain this fat Bishoprick promised to give the Pope 1600 pounds a year out of it during his life which Sin the Pope seemingly detesting he was forced to pay much dearer ere he could obtain it he threatned to excommunicate Queen Elizabeth in the first year of her reign for which he was committed to Prison After that for refusing 〈◊〉 take the Oath of Supremacy and Allegiâ—â—â—◠〈◊〉 the Queen he and thirteen more Bishops were deprived of their Bishopricks and others placed in their roomes Kenulph the tenth Bishop of Durham in the year of Christ 750. was apprehended and committed Prisoner of the Castle of Bebba and his Church besieged by Egbert King of Northumberland for misdemeanours against him Fgelrick 16. Bishop of Durham charged with Treason and Conspiracy against VVilliam the Conqueror Pyracy on the Sea and disturbing the peace of the Kingdom was for these offences commited perpetual Prisoner to VVestminster Abby where he lamented his misdemeanours and dyed very penitently Egelwyn the 17. Bishop of Durham for raising two Rebellions against King William the Conqueror and excommâ—â— the King with all his Followers as Invadors and Robbers of the Church was banished the Realm deprived of his Bishoprick and at last invading the Realm was taken Prisoner in the Isle of Fly by the King and committed close Prisoner to Abyngdon Anno 1071. wherâ— refusing to take any sustenance he died of anger grief and hunger Not mention the tragedy of VVaâ—cher Bishop of Durham created Bishop and likewise Earl of Northumberland by VViliam the Conqueror the first Spiritual and Temporal Lords of this See who turning a very great Oppressor of the People so far incensed them by the murther of Leulsus by Leoswin and Gilbert his Chaplain and Kinsman that they assaulted him and his Followers in the Cathedral Church where they fortified themselves slew the Bishop himself and all his retinue to the number of one hundred Persons and set the Church on fire VVilliam Kairlipho his next Successor in the See of Durham though advanced to that Office by King VVilliam Rufus and made one of his Privy Counsel yet he most treacherously and ungratefully conspired with Odo Bishop of Bayon and other Great men Anno 1088. to deprive him of his Crown which the King who most trusted and favoured him of any other took very grievously at his hands whereupon he marched to Durham in person with his Army which this Bishop by strong hand held out against him till at last he was enforced to surrender the City and himself to the Kings mercy who thereupon banished him the Realm for three years taking the profits of his Temporalties
against the Kings Prerogative the King was so highly offended with him as he had just cause that he presently banished him the Realm and seised his Temporalties Giles de Bruse Bishop of Hereford for siding with the Barons in their wars against King Iohn and consenting to the Interdict had all his â—oods and Temporalties seised and was banished the Kingdom by King Iohn Peter de Eveblancks 42. Bishop of Hereford for his intollerable Oppressions Treacheries and Exorbitances was arrested by the Barons in the year 1263. in his own Cathedral Church where they seised upon his Goods divided his Treasure amongst their Souldiers before his face and then imprisoned him a long time in Ordley Castle as a mere Pest and Traytor both to Church and State Adam de Orlton or Tarleton the 46. Bishop of Hereford was arrested of High Treason for aiding the Mortymers with men and armes against King Edward the second and being indicted and brought to the Kings-bench Bar at Westminster to be arraigned for this Treason the Archbishops of Canterbury York and Dublin accompanied with their Suffragan Bishops came forcibly with their Crofiers rescued took him away from the Bar and protected him from the Kings Justice but the Indictment being found true upon proof his Temporalties were thereupon seised into the Kings hands till by this Bishops instigation he was deposed from the Crown and soon after murdered by his advice When Queen Isabel and her Son Prince Edward were with their Army at Oxford this Bishop steps up into the Pulpit and there taking these words for his Text My Head grieved me he made a long Discourse to prove That an Evil Head not otherwise to be cured must be taken away applying it to King Edw. the 2 d. that he ought to be deposed and afterwards he counselled the Queen to depose make him away which being effected at Berkley Castle by thrusting a hot Spit into his fundament none then appeared so earnest a Prosecutor of these Murderers as this Traitorous Bishop who set them on work to whom when many of his own Letters were produced and shewed concerning this most traytorous inhuman Act he eluded them by sophistical interpretations and utterly denyed he was any way consenting thereunto when as in truth he was the chief occasion and adviser thereof Iohn Trevenant the 51. Bishop of Hereford was one of the prime Actors in the deposition of King Richard the second and setting up King Henry the 4th in his Throne for which he demerited not only a sequestration of his Temporalties but a Decollation though he escaped both Charles Booth Bishop of Hereford was excepted out of the General pardon of the Praemunire granted by King Henry the 8th to the Clergy in Parliament 22 H. 8. c. 15. for which his Goods and Temporalties were confiscated to the King Agelrick Bishop of the South-Saxons since Chichester was deprived by VVilliam the Conqueror Anno 1078. with sundry other Bishops and Abbots in the Councils of VVinchester and VVindsor for their Treasons and Conspiracies against him and afterwards imprisoned Thomas Rushock the 20th Bishop of Chichester a lewd pernicious Prelate Anno 1388. was banished the Court as a Traytor and pernicious Counsellor to King Richard the second his Lands and Goods confiscated himself banished and deprived of his Bishoprick by Act of Parliament and had suffered death too as a Traytor but that his Guiltiness made him fly before he could be apprehended Richard Sampson the 37th Bishop of Chichester Anno 21 H. 8. was committed Prisoner to the Tower for relieving certain trayterous Persons who denyed the Kings Supremacy George Day Bishop of Chichester Octob. 10. 1551. was deprived of his Bishoprick for denying the Kings Supremacy maintaining the Popes and other Misdemeanours and his Temporalties seised Iohn Christopherson Bishop of Chichester was deprived of his Bishoprick by Act of Parliament 1 Eliz. for denying the Queens Supremacy and to take the Oath of Supremacy and Allegiance Henry Spencer Bishop of Norwich a Martial Prelate more imployed in the Field than in the Pulpit and the Popes General against the Flemmings Anno 1385. had all his Temporalties seised into the Kings hands for two years for raising an Army and passing the Seas without and against King Richard the second his command and was likewise questioned fined and ransoned in Parliament for his misdemeanours in that military imployment Alexander Bishop of Norwich being elected by the Monks against the Kings consent Anno 1406. had his Temporalties kept from him by the King and his Person imprisoned at Windsor almost a year Richard Nyx Bishop of Norwich in the 25 of H. 8. was attainted in a Praemunire put out of the Kings protection his Person imprisoned his Lands Goods and Chattels seised and forfeited to the King for citing the Maior of Thetford into his Spiritual Court and forcing him to revoke a Presentment upon Oath contrary to Law Hugh Novant Bishop of Chester or Coventry and Litchfield as some stile him for conspiring with the King of France and Earl Iohn against his Soveraign King Richard the first to detain him still in Prison and plotting all the Mischief he could for the destruction of the King and Kingdom was in a Grand Parliamentary Council held at Nottingham about the year 1198. adjudged to Ecclesiastical censures and the seisure of his Temporalties as a Bishop and also to banishment and a Fine of 5000 Marks by the Temporal Lords as an Officer to the King VValter Langton Bishop of Chester by King Edward the second his command was arrested by the Constable of the Tower and imprisoned above two years space in several Castles his Lands and Temporalties seised into the Kings hands his Goods confiscated and after that compelled to answer to divers hainous Crimes whereof he was accused Cutbert Scot Bishop of Chester for his disobedience to Queen Elizabeth was committed Prisoner to the Fleet and displaced Edilred King of Mâ—rcia for some just displeasure against Putta Bp. of Rochester burned his Church and City and forced him to desert his Bishoprick to which he would never afterwards return Godwin Bishop of Rochester was for many months besieged in his City of Rochester by King Ethelred for some contempts against this King who would not raise his Siege upon any intreaty till the Bishop had submitted himself and likewise paid him an hundred pounds Fine Iohn Fisher Bishop of Rochester was grievously questioned in Parliament by the House of Commons Anno 25 H. 8. for saying That all their doings against the Clergy was for lack of Faith after which he was indicted and condemned of High Treason for countenancing the Revelations of Elizabeth Barton and denying to acknowledge the Kings Supremacy over Ecclesiastical Persons and Causes for which Treason be was executed upon Tower-hill though a Bishop and new-made Cardinal June 21. 1535. and his Head set upon London Bridge Edmond
am not so silly as to be ignorant that you are made Dispencers but to edification not to destruction Amongst Dispensators or Dispensers it is required that a man be found faithfull when Necessity urgeth a Dispensation is excusable when Profit inviteth it the Dispensation is laudible but this Profit must be publick and common and not private and particular for where neither of these two are it is not a faithfull Dispensation but a cruel Dissipation From the words of this Saint it is manifest that priviledging or exempting is not a faithfull Dispensation but a cruel Dissipation If Clergy-men be exempted let their sin be never so enormous to from being corrected by any but the Pope only For what is the profit of the Church that Clergy-men should be wanton and rampant as Bulls and like untamed Horses neigh unto their Neighbours wives unless in such grievous exorbitancies some yoak or curb be imposed upon them by the Princes For Priviledging Dispensation or Exemption ought not to be an Authority to them for the committing of sin for St. Augustin in his fourth Book intituled Authority Quaest. 23. saith That he who sinneth sinneth not by the Authority but against the Authority of the Law Again the addition of temporal Goods is commonly not so near to the last necessity of salvation by corporal punishment as the taking away of the Abuse is near to the last necessity of the perpetual Salvation both of Soul and Body As it is a work of greater mercy to take away a Sword from a Mad-man that would kill himself than to give a Sword to a persecuted man to defend himself from one that doth endeavour to kill him for it is worse for a man to be killed by himself than by another for the first is damnable the second just or meritorious And to this sence is that of Saint Augustin 5. Quaest. 5. Not every one who spareth is a Friend nor every one who scourgeth is an Enemy for the wounds of a Friends are better than the fraudulent kisses of an enemy it is better to love with security than to deceive with lenity And to the same purpose is that which followeth It is safer to take Bread from a hungry man if having abundance of Bread he neglecteth Iustice than to give Bread to a hungry person that being seduced he may acquiesce in Injustice And again He who binds a Mad-man and he who awakens and rouzeth up a Lethargick-man is a friend to them both although he is troublesom to them Thus for Saint Augustine by whose example if Lords Temporal are bound to give charitable Gifts to the Clergy that they may be the better incouraged to the performance of their Duties they are also bound by the same law of Almes to take away the said Gifts from those that do abuse them least by suffering the abuse they destroy their own Souls And hence it is that amongst all the sins to which the Superiours of our Kingdom of Bohemia are most obnoxious the greatest are Blind zeal False mercy and a Consentanious omission either by negligence or which is above all most horrible when mony i received for giving consent unto a Crime and the Enemy of Christ is unjustly defended by the Almes given to the Clergy Whereupon St. Augustine in his 3. Epist. to Macedonia writeth We more mercifully do draw back than give to such Persons for he doth him no good who helpeth a man but rather doth pervert him and oppresse him Whereupon it is to be admired why a Clergy-man who hath a thorn in his foot will suffer a Lay-man to pull it out that he might walk the better and will not suffer him when Riches do choak his affections to take them away from him that so walking uprightly in the footsteps of Christ he might save his Soul unless peradventure he would show thereby that he loveth the soal of his Foot better than he doth his Soul For if he loved his Soul better he would then with joy sustain the plunder of his Temporals for so those Christians did to whom the Apostle writeth Heb. 10. you took joyfully the spoyling of your Goods knowing in your selves that you have in Heaven a more enduring substance And since our Saviour having no fault in himself did humbly and willingly endure the losse of his Garments and a most bitter and ignominious Death the example of our Saviour and the consciousness of his own Guilt should move every Clergy-man even patiently to endure the taking away of his Goods But if a Clergy man doth so grievously murmur against the taking away of the mammon of Iniquity how would he endure reproach and blows and spittle and martyrdom and Death it self for the Name of Christ Such a Clergy-man never thinketh of that in St. Ambrose concerning the contempt of the world In which he hath these words O most wretched man with what a fraud art thou circumvented with what a grief art thou deceived with what a snare art thou captivated who fearest that thy wordly possessions should be taken from thee and hast no fear in the mean time of losing of that most excellent Creature thy own Soul Again God permitteth Ecclesiastical persons so exorbitantly to offend that they may deserve to be plundered of their possessions neither doth he cause the plundering of them but by setting Temporal Lords on work to see such an Execution thorowly performed This Article therefore is true But peradventure it will be objected That by the addition of this Particle that it is in their lawfull Power so to do according to their own arbitration the whole strength of the Instance above-mentioned is taken away Nevertheless according to the five Rules of Logick and Metaphysicks it is manifest and plainly consequent that if the King and Temporal Lords cannot do so according to their own Arbitrement it must be so because that Arbitrement is either a Power Judicial or a Judicial Act of the same Power and grant what may be granted If the Temporal Lords could not act so according to that Power or such an Act it would follow that they have no power to act any thing at all For if they ought to expect the Arbitration of the Bishop of Rome or of the Archbishops and all the Clergy of this Kingdom the chief Power would reside in the Clerks only and the great Prelates and Bishops of the Kingdom and so our King should not be King of Bohemia neither any of the Peers of the Land or Lords Temporal should have any visible Power which must wholly and necessarily be reduced to the Clergy and by consequence the Clergy it self should be secularly over the King which is directly against the Law of Christ Luke 22. where our Saviour saith That the Kings of the Gentiles do exercise Lordship over them and they that exercise Authority upon them are called Benefactors But you shall not be so On which place Saint Bernard writing to the
Pope Eugenius saith that Lordship was forbidden the Apostles Again as Ecclesiastical Persons do joyfully receive Prayers from Kings and Dukes for their good works so by the same account when they do offend they obediently ought to receive punishment from them for their evil work The consequence holds for punishment for sin being humbly patiently received is more profitable to a Man than Prayse for a good work Whereupon St. Gregory writeth to Mauritius the Emperour that did persecute him I do believe that by so much the more you do please Almighty God by how much the more you do punish me that am an evil Servant to him If therefore the Pope without offence did so humbly receive punishment from the Emperour why should not an inferiour Clergy-man be as patient who justly nay peradventure who grievously offendeth why should not he I say receive patiently punishment from him who is his King or Prince or Duke and to whom he is subjected Saint Peter the imediate Vicar of Christ saith in his first Epistle and second Chapter Submit your self to every Creature for the Lords sake whether it be to the King as Supream Or unto Governours as unto those who are sent by him for the punishment of Evil doers and for the praise of them that do well for so is the will of God In order to this Rule Pope Leo did subject himself to Ludovicus the Emperor as it is written 2 Quaest. 7. in these words If we have done any thing incompetently and have not to your Subjects observed the true rule of the Law we are ready to amend and correct all things according to yours and your Counsels judgement for if we who ought to correct the sins of other men do commit greater offences our selves certainly we are not the Disciples of Christ but as with grief we speak it we shall be above all others the Masters of Errour And in his tenth Distinction writing to the Emperour of Obedience he hath these words As for the most faithfull and irrefragable keeping and observing of the Imperial Orders and Precepts and of the Bishops our Predecessors Glosse that is of the Emperours who are anointed after the manner of Bishops we professe that both now and alwaies to the uttermost of our Power by the Grace of God we will be most carefull and if per adventure any other Man either hath or shall inform you otherwise be assured for certain that he is a Lyar. Behold how that holy and devout Pope calling even Emperours by the Name of Bishops according to the rule of the Apostle Saint Peter did submit himself as well to obedience as to punishment Why therefore should not a Clergy-man of the Kingdom of Bohemia submit himself for the Lords sake to the King in obedience and if he hath offended in punishment also and not only to the King but unto Dukes and not to Dukes only but also to every humane Creature for by how much the more he humbleth himself in this world for God by so much he shall be the more exalted by God in the world to come And what binders that this should be done but Pride only by which Antichrist doth extoll himself above our most humble Lord and Master Iesus Christ. Also the foresaid opinion concerning the ablation of Temporalties seemeth to be manifest out of the Prophecy of Hildegardis the Virgin which she puts down in her Books under Eugenius the Pope in the Counsel of Treverse approved and allowed by many Bishops of France Italy and Almaine which were there present whereas also Saint Bernard himself was present the which Virgin prophecying spake in this manner The Kings and other Rulers of the World being stirred up by the just judgement of God shall set themselves against them and run upon them saying We will not have these men to reign over us with their rich Houses and great Possessions and other worldly riches over the which we are ordain'd to be Lords and Rulers and how is it meet or comely that those shavelings with their tooles and chisils should have more souldiers or more or richer armour or artillery than we So is it not convenient that one of the Clergy should be a man of War neither a Souldier to be one of the Clergy Wherefore let us take away from them that which they do not justly but wrongfully possess And immediatly after she saith The Omnipotent Father equally divideth all things that is to say the Heavens he gave unto the heavenly Creatures and the Earth unto the earthly And by this means was there a just division made between the Children of men that the Spirituality should have such things as belong unto them and the Secular people such things as are meet and necessary for them so that neither of these two sorts do oppresse each other by violence for God doth not command that the one Son or Child should have both the Cloak and the Coat and the other should go naked but he willed that the one should have the Cloak and the other the Coat Wherefore the secular sort ought to have the Cloak for the greatnesse of their worldly cares and for their Children which daylie increase and multiply The Coat he giveth unto the Spiritualitie that they should not lack clothing and that they should not possess more than necessity doth require Wherefore we judge and think it good that all these aforesaid be divided by reason and equity And whereas the Cloak and the Coat are both found there the Cloak should be taken away and given unto the needy that they do not perish for lack or want These aforesaid spake the Virgin Hildegardis plainly foreshowing the taking away of the Temporalities from the Clergy by the secular Lords and shewing for what cause they shall be so taken away And what manner of division shall be made of those things that are taken away that they be not consumed and spent unprofitably This blessed Hildegardis whose Prophecie this flourished about the year of our Lord 1046. as it is written in Martins Chronicles Also Hugo in his second Book of Sacraments in the second part third Chapter and 7. saith The Laity forasmuch as they intermeddle with earthly matters necessary unto an earthly life they are the left part of the body of Christ. And the Clergy for so much as they do dispose those things which do pertain unto a spiritual life are as it were the right side of the body of Christ. And afterward interpreting both these parts himself he saith A spiritual man ought to have nothing but such as pertaineth unto God unto whom it is appointed to be sustained by the Tithes and Oblations which are offered unto God but unto the Christian and faithfull Laity the possession of the Earth is granted and unto the Clergy the whole Charge of Spiritual matters is commited as it was in the Old Testament And in his seventh Chapter he declareth how that certain things are
Archbishoprick at Litckfield took away six Bishopricks formerly subject to the See of Canterbury and detained the Lands above thirty years till at last restored by the judgement of two or three Parliamentary Great Councils after many Petitions and Complaints upon full hearing and examination Stigand Archbishop of Canterbury for refusing to Crown King William the Conqueror and holding the Bishoprick of Winchester in Commendam with his Archbishoprick together with many other Bishops and Abbots was deprived by the Kings procurement and kept Prisoner at VVinchester during his life receiving only a small allowance out of the Exchequer to support him dying in Prison his Bishoprick remained void two years space in the Kings hands no lesse than twenty five Manors being taken away from it till recovered by â— ansraue his Successor in a famous Council of the Noble and Elders of England held at Penindene King VVilliam Rufus banished Anselme Archbishop of Canterbury out of the Realm for Treason against him and his Soveraign Power and seised his Temporalties till his death after which King Henry the first recalling him he most trayterously and obstinately oppugned the Kings Prerogative of investing Bishops in their Bishopricks by a Ring and Pastoral-slast and refusing to do homage to the King or to consecrate any Bishops who received Investitures from him or did Homage to him for which he was banished for three years out of the Realm all his Temporalties and Goods moveable and immoveable seised into the Kings hands with the Temporalties Goods of those Bishops who renounced their Investistures by the Kings donation by Anselmes perswasion King Stephen seised all the Goods and Temporalties of Theobuld Archbishop of Canterbury and banished him the Realm for departing out of England to Rome upon the Popes summons contrary to his expresse royal Prohibition and for interdicting the King and whole Realm After which being restored to his Archbishoprick by the other Bishops mediation his Goods and Temporalties were again consiscated and seised into the Kings hands Anno 1152. for refusing to Crown Eustace King Stephens Son he forced to flye the Realm which he caused to be infested with fire sword and bloudy wars Thomas Bâ—cket Archbishop of Canterbury an infamous perjured Traytor to and Rebel against King Henry the second his advancer and indulgent Soveraign grand Oppugner of his Royal Prerogatives and of the Customs of the Realm contrary to the Oath and Recognition of himself and all the Bishops Clergy and Temporal Lords in the famous Great Council of Clarindon endeavouring totally to exempt the Clergy from all Temporal power jurisdiction and judicature for the most detestable Crimes and Murders had all his Goods and Moveables by judgment of the Bishops and Peers condemned and confiscated to the King his Temporalties seised into the hands all his Moneys Jewels Plate confiscated together with all the Clergy-men goods who adhered to him all his Kindred Man Woman and Child secured and afterwards banished the Realm together with himself for sundry years and was at last slain in the Cathedral Church at Canterbury for his manifold Treasons Rebellions against the King to the great disturbauce both of the Churches and Kingdoms peace King Iohn An. 1205. seised upon all Archbp. Huberts Lands and Possessions after his death for his manifold Contempts and Oppositions against his Royal authoritie and resolutions during his life Stephen Langhton his next Successor in the Archiepiscopal See of Canterbury for his manifold Treasons and Rebellions against King John had all his Temporalties and Goods seised by the King and was suspended from his Archbishoprick and threatned to be deprived of it by the Pope Archbishop Boniface being commanded by King Henry the third to relinquish his Archbishoprick and depart the Realm by reason of the grievous Complaints both of the Clergy and Commonalty against him thereupon selled his Woods leased out his Lands extorted what moneys he could from his Tenants and carried all with him in to Savoy where he dyed King Edward the first Anno 1301. put Robert Winchelsie Archbishop of Canterbury with all the other Bishops and Clergy out of his Protection and the Parliament House and seised the Archbishops Temporalties Goods Debts After which divers High Treasons and Rebellious Conspiracies were laid to his Charge by the King who thereupon the second time seised all his Temporalties and Goods moveable and immoveable appealed him to the Pope banished him the Realm forbidding any of his Subjects under grievous penalties to harbour him and seised all the Lands of the Monks of Canterbury and banished them the Realm for furnishing this Arch-traytor secretly with necessaries King Edward the second caused all the Goods of Iohn Stratford Archbishop of Canterbury to be seised and his Temporalties to be sequestred into his hands whiles Bishop of Winchester for taking that Bishoprick by Provision from the Pope against his Royal command After which being advanced to Canterbury by King Edward the third he was soon after accused of Treason Treachery and Conspiracy with the French and Pope against the King whose designs against them he crossed all he could whereupon the King resolved to commit him Prisoner to the Tower of London whither he sent the Bishop of Chichesier then Lord Chancellor and the Bishop of Lichfiâ—ld then L. Treasurer Prisoners for the like offences Wherupon this Archbp. flying to Canterbury and there standing on his Gard refused to render himself carrying himself very insolently and rebelliously against the King both in his Sermons and Excommunication saying That he had received no honor nor advancement from the King but ONLY FROM GOD and that he would give an account of his Actions in no. Court and to no Person but in Parliament Whereupon a Parliament was summoned and divers hainous Crimes charged against him by the King which the King after great suit and intreaty pardoned Simon Langham Archbishop of Canterbury Chancellor of England Anno 1371. was put from his Office his Temporalties seised and stripped of all his Archiepiscopal ensigns for receiving from Pope Vrban the Cardinalship of St. Sixtus without King Edward the third his privity who was highly offended with him for it Anno 1386. Simon Sudbury Archbishop of Canterbury in the insurrection of Iack Straw was beheaded on Tower-Hill his Head fixed on a Poll and set on London Bridge as a Traytor and Enemy to the King and People King Rich. the 2d highly offended with Will. Courtney Archbishop of Canterbury for receiving his Archbishoprick by provision from the Pope against the Law and his Prerogative Royal and for other Misdemeanours commanded all his Goods and Temporalties to be seised and forced the Archbishop himself to hide his Head for fear of imprisonment till he made his peace with him Thomas Arundel Archbishop of Canterbury was impeached and condemned of High Treason against the King in the Parliament of 21 Rich. 2. by judgement of Parliament for which he was
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 Hâ—riton Kineston Lâ—dâ—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
taken away and setled in the King his Heirs and Successors And no longer since than 21 Iac. c. 30. York-house in the Strand was by special Act of Parliament by way of Exchange taken from the Archbishop of York and setled on King Iames his Heirs Successors and Assigns and after that on the Duke of Buckingham upon pretext that it was for the benefit of the Archbishops By all which Acts and Presidents it is most evident that our Kings Parliaments and Temporal Lords may not only seise sequester the Temporal Lands Goods Estates of Bishops and Church-men in cases of Delinquency and Contumacy but likewise substract alienate and sell them to supply the necessities of the King and Kingdom in times of war and extreme necessity without Sacriledge or Impiety which should cause our present Archbishops Bishops and Cathedralment to carry themselves with greater Loyalty and Dutifullnesse towards his Sacred Majesty with greater humility sobriety meeknesse and respect towards the Temporal Lords Commons and People than their Predecessors have done and make them very carefull of giving just offence or provocation to all or any of them especially at this present juncture of our Ecclesiastical and Civil Officers in so hopefull a way of future Settlement if their pride avarice ambition or indiscretion do not interrupt them 7ly That Archbishops Bishops Deans and Chapters themselves by their common consent may lawfully alienate sell and give away not only their Lands and Possession which were never solemnly consecrated but even their very consecrated Chalices Vestments and Ornaments of their Churches themselves though more peculiarly consecrated by Episcopal benedictions more immediately devoted to Gods service than their Lands and other Temporalties and that in cases of publick necessity or charity as to relieve the Poor in time of famine to redeem Captives to ransom their lawfull Kings to support their decayed Patrons and Benefactors to defend their native Country against invading Enemies or Christians against Infidels to prevent a greater mischief and for the benefit of the Church in general as sundry antient Councils and the Popish Canonists themselves have resolved Yea by the Popes consent without any of these Causes our Archbishops and Bishops might alienate sell morgage give away and dispose of the Lands belonging to their Bishopricks as the express clause in their Oath to the Pope not to do it without the Popes council and consent imports When our King Richard the first was most injuriously taken in his return from the Holy Land and for a whole year and three months space kept Prisoner by the Emperour of Germany and at last put unto a ransom of one hundred thousand pounds of Silver after the weight of Colen Anno 1093 the Kings Collectors being unable to levy so great a masse of moneys thereupon Majores quidem Ecclesiae thesauros ab antiquis congestos temporibus Ecclesiae Parochiales argenteos calices praemiserunt the Archbishops Bishops Abbots and Priors of all Conventual Churches gave the fourth part of their annual Rents and other inferiour Clergy-men the Tenth of their Tithes and the Cistercian Monks all their Wools towards his speedy ransom Yea the Chronicle of Brompton and others inform us that the Kings Collectors wanting monies after a double exaction of what they could scrape together from all parts Postrenis ut nulla vacaret occasio ad vasa sacra et utensilia Ecclesiae ventum est Ieaque per omnem Anglica regni latitudinem sacri Calices exactoribus regiis traduntur vel paulo infra pondus redimuntur Vasa etiam alia Cruces Praelatorum anuâ—â— cum auro de Sanctorum fereâ—ris abraâ—o sunt conflaia Nec erat hoc secundum Patrum decreta illicitum cum urgenâ—tisimus necessiiatis arâ—â—enlus instaret Nec ulla erat distinâ—â—â—o in this necessity Clerici Laici secularis religiosi rustici urbani sâ—à omnes indifferenter juxtà substantiae suae vires vel redditum quantitatem pro redemptione Regia portionem suam solvere cogebantur Privilegia Praerogativae Iunnunitates Ecclesiarunt tunc silebant penitus et vacabant Omnis enim dignitas libertas os suam oppilabat Cisterciensis quoque ordinis Monachi qui ab omni exactione Regie hactenus immunes extiterant tantò magis tunc onerati suerant quantò minus antea publici oneris senserant gravitatem Exacti quoque conctilanam suarum ovium resignarunt And should not our Bishops and Cathedral men now for and towards his Majesties most glorious redemption and his three whole Kingdoms ransom from near twelve years exile and captivity and for the future settlement of our Churches Kingdoms in sound and lasting peace in pursuance of his Majesties most gracious Declarations and Engagements at Breda and the Generals Parliaments Engagements before his happy return into England to give competent satisfaction to Purchasers of their Lands not only part with their antient Treasures Chalices Miters Crosiers Church Ornaments Copes but likewise with their late alienated Temporalties and Revenues for competent terms of years of lives reserving the antient or an improved rent rather than violate the publick saith peace of the King Kingdom Parliament oppugn his Majesties royal Commands the Lords Commons Parliaments Souldiers and Peoples desires by unreasonable demands or indiscreet covetous and violent proceedings against Purchasors and Tenants which may indanger if not demerit the forfeiture reseisure and new sales of all their Lands and Temporal Revenues in case of obstinacy and dis-satisfaction herein The rather because our Bishops by the Laws of England before the Statute of 1. Iac. c. 3. and other restraining Acts might with the consent of their Deans and Chapters not only lawfully lease their Lands for how many years or lives they pleased but likewise alien and sell the Inheritance thereof or charge them with what Rent-charges they pleased especially by the Kings consent as the grant of a Rent-charge out of the Glebe of a Parsonage by the Patron or Ordinary in time of vacancy or of the Parson Patron and Ordinary joyntly to a Layman shall bind the Successours in perpetuity as is evident by the Statutes of 37 H. 8. c. 16. 1 Jac. c. 3. 33 H. 8. c. 31. Littleton sect 648. Cooks 1. Institutes f. 343 344 44 45. and many other Lawbooks Not to adde many Presidents to those forecited in so clear a case it is registred by Bishop Godwin of Iohn Vâ—sly Bishop of Exeter in King Edward the 6th his Reign That of all the Bishops of the Land he was esteemed the best Courtier being better liked for his civil Behaviour than his Learning which in the end turned not so much to his credit as to the spoyle of his Church for of twenty two Lordships and Manors which his Predecessors had left unto him of a goodly yearly Revenue he left but three and them also leased out and where he found 13. Houses and Palaces too many by 12. for any one Apostolical Bishop well
preserve Your Sacred Person in perfect health and safety to reign over them in all Prosperity Tranquillity Felicity and Glory till extreme old age and no other casualty shall translate You from a temporal to an eternal Crown in the Highest Heavens Which bath been is and alwayes shall be the daily Prayer of From my Study in Lincolns Inne Novem. 24. 1660. Your Majesties dutifull and Loyal Subjects WILLIAM PRYNNE An Antient Plea in Justification of the late taking away and Sales of Cathedral-lands c. IN the year of our Lord 1378. Iohn Wickliffe in the University of Oxford in his Sermons and Writings publikely asserted That the Lords temporal may lawfully and meritoriously take away their Temporalties from the Church-men offending habitually That if any temporal Lord do know the Church so offending he is bound under pain of damnation to take the Temporalties from the same That it is lawfull for Kings in causes licensed by the Law to take away the Temporalties from the Spiritualty sinning habitualiter that is which continue in the customs of sin and will not amend That whether they be temporal Lords or any other men whatsoever they be which have endowed the Church with Temporalties it is lawfull for them to take away the same Temporalties as it were by way of medicine to avoid sin notwithstanding any Excommunication or other Ecclesiastical Censure for so much as they are not given but under a conditon The Bishops of England conceiving their Great Lordly Minors and Temporalties to be much endangered by these Positions of Wickliff drew up these and other Positions of his into Articles of complaint against him and sent them diligently to Pope Gregory the XI at Rome with other Articles of a diffrent nature to the Number of 18. where they were condemned for heretical and erroneous by 23. Cardinals Hereupon Pope Gregory sent his Bulls to the Chancellor Universitie of Oxford King Richard the 2d and the Archbp. of Cant. to apprehend imprison and persecute Wickliff who was thereupon summoned to appear before a certain Convocation of Bishops at the Archbishops Palace in Lambeth where he justified these Positions by reason Scripture Canon and Civil Law After Wickliffe death 45 Articles being exhibited against him in the Council of Constance and these 3. amongst the rest That to enrich the Clergy was against the rule of Christ. That the Pope with all his Clergy having those possessions as they have be hereticks in so having and the secular powers in so suffring them do not well That the Emperor and secular Lords be seduced which so enrich the Church with ample possessions Thereupon Iohn Hus a most learned pious Bohemian Divine particularly justified these Positions of his amongst others against the censure of the Pope and Council of Constance before the whole Universitie of Prague in Charls Colledge in a particular Treatise De ablatione bonorum temporalium a Clericis delinquentibus printed at large in his Works in Latine Novemb. 1558. pt 1 c. For the most part translated into English by Mr. Iohn Fox in his Acts and Monuments London 1641. Vol. 1. p. 595. Which Book all Archbishops Bishops Deans Archdeacons and Canons Residentiaries were bound to have in their Cathedrals Halls and Great Chambers that it might be publikely read by their Servants and Strangers by the Canons made in the Provincial Synod of London Anno 1571. p. 5 6 7. whereby this Doctrine of Wickliff and Hus is not only tolerated but justified by them as orthodox and no wayes sacrilegious or heterodox as some now repute it The second Disputation in the Vniversity of Prague upon the seventeenth Article of John Wickliffe most fruitfull to be read proving by 25 Reasons out of the Scriptures How that Princes and Lords Temporal have lawfull Authority and Iurisdiction over the Spiritualty Churche men both in taking from them their Temporalties and correcting their Doings and Deserts TO the honour of almighty God and of our Lord Jesus Christ both for the trying out of truth and the profit of holy mother the Church according to the congregation of our University of Prage which avoiding alwaies to do that which shall be prejudicial to the truth hath deferred to give their consent unto the condemnation of the forty five Articles wishing even unto this present sufficient probation to be given of the condemnation of the said Articles and particularly of every one of them Whereupon the said University doth alwaies require due proof of the same forsomuch as Pope Damasus in his canon distinction sixtie eight chapter Chorepiscopi saith thus That it is necessarie that whatsoever thing standeth not by due reason should be rooted out Whereby it appeareth that the condemnation of the five and forty Articles if it stand not with proof and sufficient demonstration for every Article is necessary to be rooted out But if any man will object and say that to require a reason of every thing is to derogate from Gods divine power Unto this answer Master William doth answer himself in his Philosophy the first book almost at the end where he intreating of the place in the second Chapter of Genesis God made man of the slime of the earth c. hath these words For in what point say we are we contrary to the holy Scriptures if we seek by reason to declare wherefore any thing is done which is said in the Scriptures to be done For if that a wise man should say that a thing is done and do not declare how it is done and another man speaketh the very self-same thing and declareth how it is done what contrariety is there But for so much as they themselves know not the force of nature to the intent that they might have all men partakers with them of their ignorance they would have no man to inquire it out But they would have us beleeve as ignorant people neither to seek any reason of our beleef that the prophecie might be fulfilled Such as the people is such shall be the priest But we truly do say that in all things a reason is to be sought if it may by any means be found But if that any man do stay at any thing which the Scriptures doth affirm let him commit the same unto Faith and unto the Holy Ghost For Moses saith If the lamb cannot be eaten let it not be by and by consumed in the fire but let him first call his neighbour which dwelleth next house unto him and if they also be not sufficient to eat the lamb then let it be turned in the fire So likewise when as we goe about to seek any thing as touching the Godhead and that we be not able of our selves to comprehend the same let us call our neighbour which dwelleth next house unto us that is to say let us seek out such a one as dwelleth in the same Catholick faith with us and if then neither we neither yet he be able to comprehend the same
let it then be burned with the fire of faith But these men albeit they have many neighbours dwelling near unto them yet for very pride they will not call any man unto them chusing rather to continue still ignorant then to ask any question And if they do know any man to enquire for his neighbour in such case by and by they cry out upon him as an heretick presuming more upon their own heads than having confidence in their wisdom But I exhort you to give no credit unto their outward appearance for already it is verefied in them which the Satyrical Poet saith No credit is to be given unto the outward shew for which of them all is it that doth not abound with most shamefull and detestable vices And in another place he saith They are very dainty of their speech and have great desire to keep silence And thus much hath Mr. Wilhelmus Let all such hear whom this parable doth touch for I with the rest of the Masters Bachelors and Students of our University considering how hard a matter the condemnation of the forty five Articles of Wickliff without reason is and how grievous a thing it were if we should thereunto consent doe call together my neighbours the Doctors of this Universitie and all others which would object any thing against the same that we might presently finde out the reason of the condemnation of this article concernning the taking away the temporalties from the Clergie Notwithstanding I doe professe that it is not my intent like as it is not the meaning of the Universitie to perswade that Princes or secular Lords should take away the goods from the clergie when they would or how they would and convert them to what use they list But our whole intent is diligently to search out whether this Article as touching the taking away of temporalties from the Clergie may have in it any true sense whereby it may be defended without reproof Wherefore this Article being the seventeenth in the number of the forty five is propounded under this form The Lords temporal may at their own will and pleasure take away the temporal goods from the Clergie if they doe offend and therein continue It is thus proved The Kings of the Old Testament took away the temporal goods at Gods commandement from the Clergie that is to say from the Priests offending Therefore the Kings of the New Testament at Gods commandment may do the like when as the Priests of the new law do offend The consequence dependeth upon a similitude And the antecedent is evident First it is proved by Solomon in the 3. of the Kings 2. chapter which Solomon deposed Abiathar the high Priest because he had taken part with Adonias the brother of Solomon to make him King without the advice either of David or of Solomon himself which ought to reign and set up Sadoc the Priest in the place of Abiathar because he had not consented with Abiathar unto Adonias as it is written in the 3. book of Kings 1. chapter where it is said Adonias the son of Agithe exalted himself and said I will reign and made unto himself chariots and horsemen and forty men which should 〈◊〉 before him neither did his father rebuke him at any time saying Wherefore hast thou done this For he was very comely being second son next to A solon and his talk was with Iâ—â—b the son of Saâ—via and Abiathar the Priest which took part with Adonias But Sadoc the Priest and Benatas the son of Ioiada and Nathan the Prophet and Semei and Serethi and Felethi and all the power of Davids host were not on Adonias part This was the cause of the deposing of Abiathar because he took part with Adonias that he should be King against Solomon the eldest Son of King David wherefore it is written in the third book and second chapter of the Kings The King said unto Abiathar the Priest Goe your wayes unto Anathoth thine own field for thou art a man of death but this day I will not slay thee because thou hast carried the Ark of the Lord before my father David and didst labour in all things wherein my father laboured Then did Solomom cast out Abiathar that he should be no more the Priest of the Lord that the word of the Lord might be fulfilled which he spake upon the â— use of Hâ—li in Silo. Behold the most prudent King Solomon according to the wisdom which was given him of God did exercise his power upon the said Priest putting him out of his priesthood and setting in his place Sadoc the Priest This was a greater matter than to take away the temporalties If then in the Law of Christ which now raigneth over us a Bishop should likewise rebell against the true heir of the kingdom willing to set up another for King why should not the King or his heir have power in like case to take away the temporalties from him so offending Item it is also evident by the King Nabuchodonozor which had power given him of God to lead away the children of Israel with their Priests and Levites into the captivity of Babylon as it is written 4 book of the Kings 25 chapter Item it is read in the 4. book of Kings and 12. chapt how that Ioas the most godly King of Iuda according to the wisdom which God had granted him took away all the consecrate vessels which Iosaphat Ioram and Ochosias his fore-fathers Kings of Iuda had consecrated and those which he himself had offered and all the treasure that could be found in the temple of the Lord and in the Kings Palace and sent it unto Azthel King of Syria and he departed from Ierusalem Mark how this most holy King exercised his power not only in taking away the temporalities of the Priests but also those things which were consecrate in the Temple of the Lord to procure unto the Commonwealth the benefit of peace Item in the 4. book and 18. chapter of the Kings it is written how that the holy King Ezechias took all the treasure that was found in the house of the Lord and in the Kings treasury and brake down the Pillars of the Temple of the Lord and all the plates of gold which he himself had fastned thereupon and gave them unto the King of the Assyrians yet was he not rebuked of the Lord therefore as he was for his other sins as it appeareth in the 2d book of Kings 18. chapter Forsomuch then as in time of necessity all things ought to be in common unto Christians it followeth that the secular Lords in case of necessity and in many other common cases may lawfully take away the moveable goods from the Clergy when they do offend Item it is also read in the 12. of St. Matthew that the Disciples of Jesus to slak their hunger upon the Sabbath day pulled the ears of corn and did eat them and the Pharisees rebuked them therefore unto
whom Christ answered Have ye not read what David did when he was hungry and â—â—ose that were with him how he entred into the house of the Lord and did eat the shew bread which it was not lawfull for him neither for them that were with him to eat but only for the Priests This story is written in the first Book of the Kings and 21. chapter And the commandement in the 12. chapter of Deuteronomy Whereby it appeareth that it is lawfull in time of necessity to use any thing be it never so much consecrate Otherwise children by giving their moveables to the consecration of any Temple should not be bound to help their parents which is contrary and against the Gospel of St. Matthew in the 16. chapt whereas our Saviour sharply rebuked the Pharisees that for their own traditions they did transgresse the commandement of God Item Titus and Vespasian secular Princes had power given them of God twenty four years after the Lords ascension to take away the Temporalities from the Priests which had offended against the Lords holy one and thereby also bereft them of their lives and it seemeth unto many they did and might worthily do the same according to Gods good will and pleasure Then forsomuch as our Priests in these daies may transgresse and offend as much and rather more against the Lords anointed it followeth that by the pleasure of God the secular Lords may likewise punish them for their offence Our Saviour being King of kings and high Bishop with his Disciples did give tribute unto Caesar as it appeareth in the 17. chapt of St. Matthews Gospel and commanded the Scribes and Pharisees to give the like unto Caesar St. Matthew 22. Whereby he gave example unto all Priests that would come after him to render tribute unto their Kings whereupon blessed St. Ambrose in his 4. book upon these words in the 5. of St. Luke Cast cuâ— your nets writeth thus There is another kind of fishing amongst the Apostles after which manner the Lord commanded Peter only to fish saying Cast out thy hook and that fish which cometh first up take him And then unto the purpose he saith It is truly a great and spiritual document whereby all Christian men are taught that they ought to be subject unto the higher powers and that no man ought to think that the Lawe of a King here on earth are to be broken For if the Son of God did pay tribute who art thou so great a man that thinkest thou oughtest not to pay tribute He payed tribute which had no possessions and thou which daily seekest after the lucre of the world why doest thou not acknowledge the obedience and duty of the world Why doest thou through the arrogancy of thy mind exalt thy self above the world when at through thine own miserable covetousnesse thou art subject unto the world Thus writeth St. Ambrose and it is put in the 11. caus qu. 1. Magnum quidem He also writeth upon these words in Luke 20. Shew me a penny whose Image hath it if Christ had not the Image of Caesar why did he pay any tribute He gave it not of his own but rendred unto the world that which was the worlds and if thou wilt not be in danger of Caesar possesse not those things which are the worlds for if thou hast riches thou art in danger of Caesar. Wherefore if thou wilt owe nothing unto any earthly King forsake all those things and follow Christ. If then all Ecclesiastical Ministers having riches ought to be under the subjection of Kings and give unto them tribute it followeth that Kings may lawfully by the authority which is given them take away their temporalities from them Hereupon St. Paul acknowledging himself to be under the Jurisdiction of the Emperor appealed unto Caesar as it appeareth Acts 25. I stand saith he at Caesars Judgement seat there I ought to be judged Whereupon in the 8. Distinction chapter Quo jure St. Ambrose allegeth that all things are lawfull unto the Emperor and all things under his power For the Confirmation whereof it is said Daniel 2. chapter The God of heaven hath given unto thee a Kingdom Strength Empire and Glory and all places wherein the children of men do dwell and hath given into thy power the beasts of the field and fowles of the air and set all things under thy subjection Also in the 11. question and 1 he saith if the Emperor require tribute we do not deny that the Lands of the Church shall pay tribute if the Emperor have need of our lands he hath power to challenge them let him take them if he will I do not give them unto the Emperor neither do I deny them This writeth St. Ambrose expresly declaring that the secular Lord hath power at his pleasure to take away the Lands of the Church and so consequently the secular Lords have power at their own pleasures to take away the Temporal goods from the Ecclesiastical Ministers when they do offend Item St. Augustine writeth If thou saiest what have we to do with the Emperor But now as I said we speak of mans Law The Apostles would be obedient unto Kings and honour them saying Reverence your Kings and do not say what have I to do with the King What hast thou then to do with possessions By the Kings Law thy possessions are possessed Thou hast said what have I to do with the King but do not say what have thy possessions to do with the King For then hast thou renounced the Laws of men whereby thou diddest possesse thy Lands Thus writeth St. Augustine in his 8. distinction by whose words it is manifest that the King hath power over the Church goods and consequently may take them away from the Clergy transgressing or offending Item in his three and thirtieth Epistle unto Boniface he saith What sober man will say unto our Kings Care not you in your Kingdom by whom the Church of the Lord is maintained or by whom it is oppressed it pertaineth not unto you who will be either a religious man or who will be a Church robber Unto whom it may be thus answered Doth it not pertain unto us in our Kingdom who will either live a chast life or who will be an unchast whoremonger Behold this holy man sheweth here how that it is the duty of Kings to punish such as are robbers of Churches and consequently the proud Clergy when as they do offend Item he writeth in the 33. caus quest 7. Si de Rebus The secular Lords may lawfully take away the Temporal goods from hereticks and forsomuch it is a case greatly possible that many of the Clergy are users of Simony and thereby hereticks therefore the secular Lords may very lawfully take away their temporalities from them For what unworthy thing is it saith St. Augustine if the Catholicks do possesse according unto the will of the Lord
partaker of the sin or offence Therefore foresee unto your own soul provide for your nephews and for such as you do desire to reign after you provide for your country and with diligence provide for the correction and punishment of that sin before our Creator do stretch out his hand to strike And in his next Chapter he writeth unto the French King Whatsoever you do understand to pertain either unto the honour and glory of our God to the reverence of the Church or to the honour of the Priests that do you diligently cause to be decreed and in all points to be observed Wherefore once again we do move you that you command a Synod to be congregate and as we wrote lately unto you to cause all the carnal vices which raign amongst your Priests and all the wickednesse and Simony of your Bishops which is most hard to be condemned and reproved utterly to be banished out of your Kingdom and that you will not suffer them to possesse any more substance under your dominion then Gods commandement doth allow Behold how carefully blessed Gregory doth exhort the Queen and the King to punish the vices of the Clergy lest through their negligence they should be partakers of the same and how they ought to correct their Subjects For as it is convenient to be circumspect and carefull against the outward enemies even so likewise ought they to be against the inward enemies of the soul. And like as in just war against the outward enemies it is lawfull to take away their goods so long as they continue in their malice so also is it lawfull to take away the goods of the Clergy being the inward enemy The consequence is proved thus for so much as the domestical enemies are most hurtfull Item it is thus argued if God be the temporal Lords may meritoriously and lawfully take away the temporal goods from the Clergy if they do offend For this point let us suppose that we speak of power as the true authentike Scripture doth speak Mat 3. 9. God is able even of these stones to raise up Children unto Abraham Whereupon it is thus argued for if God be he is omnipotent and if he so be he may give like power unto the secular Lords And so consequently they may meritoriously and lawfully use the same power But lest that any man may object that a proof made by a strange thing is not sufficient it is therefore declared how that the temporal Lords have power to take away their almes bestowed upon the Church the Church abusing the same as it shall be proved hereafter And first thus It is lawfull for Kings in cases limited by the Law to take away the movables from the Clergy when they do offend it is thus proved For the temporal Lords are most bound unto the works of greatest mercy most easie for them but in case possible it should be greater almes and easier temporal dominion to take away their almes from such as build therewithall unto eternal damnation through the abuse thereof than to give the said almes for any bodily relief Ergo the assumption is true Whereupon first this sentence of the Law of Christ in the second Epistle to the Thessalonians the third Chapter is noted whereas the Apostle writeth thus When we were amongst you we declared this unto you that he that would not work should not eat Wherefore the law of nature doth license all such as have the governance of Kingdoms to correct the abuse of the temporalities which would be the chief cause of the destruction of their Kingdoms whether the temporal Lords or any other had endowed the Church with those temporalities or not It is lawfull for them in some case to take away the temporalities as it were by way of Physick to withstand sin notwithstanding any excommunication or other Ecclesiastical censures forsomuch as they are not endowed but only with condition thereunto annexed Hereby it appeareth that the condition annexed to the endowing or enriching of any Church is that God should be honored the which condition if it once fail the contrary taking place the title of the gift is lost and consequently the Lord which gave the almes ought to correct the offence Excommunication ought not to let the fulfilling of justice Secondly according to the Canon Law 16 question 7. this sentence is noted where it is thus spoken as touching the Children Nephews and the most honest of the kindred of him which hath builded or endowed the Church That it is lawfull for them to be thus circumspect that if they perceive the Priest do defraud any part of that which is bestowed they should either gently admonish or warn him or else complain of him to the Bishop that he may be corrected But if the Bishop himself attempt to do the like let them complain of him to his Metropolitane and if the Metropolitane do the like let them not defer the time to report it in the ears of the King For so saith the Canon Let them not defer to report it in the ears of the King To what end I pray you but that he should do correction neither is it to be doubted but that correction doth more appertain unto the King in this point for their goods whereof he is chief Lord by a substraction proportional according to the fault or offence Item is thus proved It is lawfull for the secular Lords by their power to do correction upon the Clergy by some kind of fearfull discipline appertaining to their secular power Ergo by like reason it is lawfull for them by their power to do such correction by all kind of fearfull discipline pertaining unto their secular power For so much then as the taking of their temporalities is a kind of fearfull discipline pertaining unto the secular power it followeth that it is lawfull for them thereby to do such correction And consequently it followeth that the truth is thus to be proved The consequence is evident and the antecedent is proved by Isidore 23. quest 5. Principes where it is thus written There should be no secular powers within the Church but only for this purpose that whatsoever thing the Priests or Ministers cannot bring to passe by preachings or teachings the secular powers may command the same by the terrour and fear of discipline For oftentimes the heavenly Kingdom is profited and bolden by the earthly Kingdom that they which are in the Church and do any thing contrary unto faith and discipline by the rigour of the Princes may be troden down and that the power of the rulers may lay that discipline upon the necks of the proud and stif-necked which the utility and profit of the Church cannot exercise or use Item all things that by power ought to work or bring to any perfect end by the reasonable measuring of the mean thereto may lawfully use by power the substraction or taking away of the excesse and the addition of the want
of the means according as shall be convenient or meet for the measure to be made For so much then as the secular Lords ought by their power to provide for the necessary sustentation of the Christian Clergy by the reasonable measuring of their temporalities which they are bound to bestow upon the Christian Clergy it followeth that they may lawfully by their power use the taking away or putting unto of those temporalities according as shall be convenient for the performance of that reasonable matter Item it is lawfull for the Clergy by their power to take away the Sacraments of the Church from the laity customably offending for so much as it doth pertain to the office of the Christian Ministers by their power to minister the same unto the Lay people Wherefore for so much as it doth pertain unto the office of the Laity according unto their power to minister and give temporalities to the Clergy of Christ as the Apostle saith 1 Cor. 9. It followeth that it is also lawfull for them by their power to take away the temporalities from the Clergy when they do customably sin and offend Item by like power may he which giveth a stipend or exhibition withdraw and take away the same from the unworthy labourers as he hath power to give the same unto the worthy labourers for so much then as temporalities of the Clergy are the stipends of the Laity it followeth that the Lay people may by as good authority take away again the same from the Clergy which will not worthily labour as they might by their power bestow the same upon those which would worthily labour according to the saying of the Gospel Mat. 21. The Kingdom shall be taken away from you and given unto a people which shall bring forth the fruits thereof Item it is also lawfull for the secular Lords by their power to chastise and punish the Lay people when they do offend by taking away of their temporalities according to the exigent of their offence for so much as the Lay people are subject under the dominion of the secular Lords as appeareth Romans 13. and many other places it is evident that it is lawfull by their power to punish the Clergy by taking away of their temporalities if their offence do so deserve Item the true and easie direction of the Clergy unto the life of Christ and the Apostles and most profitable unto the Laity that the Clergy should not live contrary unto Christs institution seemeth to be the taking away of their almes and those things which they had bestowed upon them And it is thus proved That medicine is most apt to be laid unto the sore whereby the infirmity might soonest be holpen and were most agreeable unto the patients Such is the taking away of the temporalities Ergo this article is true The minor is thus proved for so much as by the abundance of temporalities the worm or serpent of pride is sprung up whereupon unsatiable desire and lust is inflamed and therefrom proceedeth all kind of gluttony and leachery It is evident in this point for so much as the temporalities being once taken away every one of those sins is either utterly taken away or at the least diminished by the contrary vertue induced and brought inâ— It seemeth also most pertinent unto the Laity for so much as they ought not to lay violent hands upon their Ministers or to abject the Priestly dignity neither to judge any of the Clergy in their open Courts It seemeth also by the Law of Conscience to pertain unto the lay people for so much as every man which worketh any work of mercy ought deliâ—ently to have respect unto the ability of them that he bestoweth his almes upon lest that by nourishing or helping loyterers he be made partaker of his offence Whereupon if Priests do not minister of their temporalities as Hostiensis teacheth in his 3d. book of their Tither First-fruits and Oblations the people ought to take away the almes of their Tithes from them Item it is confirmed by the last chapter of the sevententh question out of the decree of rents appropriate unto the Church Quicunque Whereas the case is put thus That a certain man having no children neither hoping to have any gave all his goods unto the Church reserving unto himself the only use and profits thereof it happened afterward that he had children and the Bishop restored again his goods unto him not hoping for it The Bishop had it in his power whether to render again or no those things which were given him but that was by the law of Man and not by the law of Conscience If then by the decree of the holy Doctor St. Augustine in his Sermon of the life of the Clergy Aurelius the Bishop of Carthage had no power by Gods law to withhold that which is bestowed upon the Church for the necessity of children by the which law the wanton proud and unstable Clergy being more then sufficiently possessed and enriched do detain and keep back the temporalities to the detriment and hurt of their own state and of the whole militant Church the secular patrons being thereby so impoverished that they are compelled by penury to rob and steal to oppresse their tenants to spoil and undo others and oftentimes by very necessity are driven to beggery Item suppose that a Priest and Minister how grievously soever he do offend by what kind or sign of offence soever it be as it was in the case of Bishop Iudas Iscarioth of the religious Monk Sergius of Pope Leo the heretick and many other Priests of whom the Scripture and Chronicles make mention and daily experience doth teach us the same it is evident that as it is supposed the Priests in the Kingdom of Boheme grievously offending it is the Kings part for so much as he is supreme head next under God and Lord of the Kingdom of Boheme to correct and punish those Priests And for so much as the gentlest correction and punishment of such as be indurate in their malice is the taking away of their temporal goods it followeth that it is lawfull for the King to take away temporalities Wherefore it should seem very marvellous and strange if that Priests riding about should spoil Virgins violently corrupt and defile honest Matrons if in such case it were not lawfull for them to take away their Armours Weapons Horses Guns and Swords from them The like reason were it also if they had unlawfully conspired the death of the King or that they would betray the King unto his enemies Item whatsoever any of the Clergy doth require or desire of the secular power according unto the Law and Ordinance of Christ the secular power ought to perform and grant the same But the Clergy being letted by riches ought to require help of the secular power for the dispensation of the said riches Ergo the secular power ought in such case by the law of Christ to take
upon them the office or duty of getting keeping and distributing all such manner of riches The minor is hereby proved that no man ought to have riches but to that end that they be helps preferring and helping unto the office which is appointed of God Therefore in case that secular possessions do hinder the Clergy from their duty the secular power ought to take it away for so did the Apostles Acts 6. saying It is not lawfull for us to leave the Word of God untaught and to minister unto tables It is confirmed Every good Christian is bound to be helpfull to his neighbour in those things especially which do concern the publick good But it will be a great help to a Clergy man to be deprived of his temporal possessions it being granted they do retard him from his duty due unto God Therefore the person more sufficient is bound in such a case by the Law of Christ to deprive him of temporal possessions But Kings and Lords temporal are the most sufficient for this being truly said to be Lords and Possessors of temporal estates and undoubtedly this would especially concern the publick good to make such a de-generation of temporals which in their nature are but a burden to a Clergy man retarding him in his spiritual duties and so many thorns as our Saviour speaks it in the 8. of St. Luke Choaking the Word of God Moreover Kings and secular Princes are the chief or capital Lords of goods temporal having a care over the Church and a special power for the inferring of such a Coaction as it is manifest 2â— quest 5. Principes where by the authority of Isiodore 30. Etymol 53. It is thus written Let secular Princes know that they must render an account to God for the Church which they are to maintain for Christ. And in the same question it followeth It is proper to Kings to execute Iustice and Righteousnesse and to deliver from the hand of the gain sayers and slanderers those who are orpressed by force and to assist the Stranger Orphan and Widow who more easily are oppressed by the powerfull And in the same question it followeth The King ought to prohibit thesis punish adulteries destroy the wicâ—ed from the earth not suffer paricide and perjured persons to live nor their own sons to live wickedly And by declaring where a Bishop abuseth the goods of the Church Blessed Gregory writes thus as it is recited in the Decretals 16. quest 7. Decret where having taught that the goods of the Church are common he subjoyneth We have received a bad report that some Bishops confer not the Tithes belonging to their Diocesse and the Oblations of charitable Christians on the Priests or â—oor but on Lay persons viz. Souldiers or their own Servants or which is worse on their Kindred If therefore any Bishop shall be found to be a transgressor of this Precept he is to be ranked amongst the greatest Hereticks and Anti-christs And as the Nycen Council censured of persons guilty of Simony both the Bishop who giveth and the Lay men who receive are without ransome price or benefit to be condemned to the punishment of everlasting fire Therefore what faithfull King Prince or Lord would not resist such contagious persons who infect their own mother Whence 3. quest 2. Si Episcopus The Canon speaketh in these words If a Bishop by his ill life shall wast the goods of the Church he is to be removed from his Patrimony untill full knowledge be had of the dilapidation he hath made after the Example of Tutors and Curats who being suspected are removed from their Cure or Tutelage untill a more full knowledge he had of the suspected person But the Doctors say that the dilapidation ought first to be proved which being done an assistant ought to be given to him to the end of the Trial but the Correction would then be taken from the secular Prince It seemeth therefore the correction of the Prelate being wanting It belongeth to the King to dispose of his goods according to the Civil Law Every Member of the Church ought to help one another but temporal Lords are Members of the Church with Priests beneficed But the case so may be that the chiefest help they can afford them is to deprive them of their temporal goods therefore in such a case they ought to do it And the Power or the Sword of which the Apostle maketh mention Rom. 13 being sufficient for this And by consequent it being superfluous to appoint another it seems they have a power whether some case doth extend it self to the correction of the Clergy For if I ought to help even the beast of my enemy being out of the way or lying down Exod. 21. How much more in the new Testament having the opportunity and power so to do ought I to free from the jaws of the Devil the Soul of my Curate insnared with the Mammon of Inquity There being a power of Fact and a power of Right It is granted that the King de facto may take away the Temporals from a Clergy-man being a Delinquent and it is granted withall that the taking away of the said Goods may be an occasion to that Ecclesiastick person for the abandoning of all wordly affairs and devoting himself more peculiarly to the worship of God This Case will not be denyed by any faithfull Christian not over-blinded with the dross of Temporal things For as St. Augustin saith It is expedient for many to fall into manifest sins that knowing their own frailty they may live more humbly and by grieving for their sins they may be more cautious how they sin again It is therefore much more expedient that many be poor and to be without the civil Dominion The Case admitted it is manifest that the King doth a good work in the General now every such work may be well done therefore he may well take away the Goods from an Ecclesiastical person for if the greater part of evil works may in the generality of them be well done much more may every good work in the generality of it For it is not repugnant to Grace or Almes that this good work proceedeth from it neither is it to be doubted but that God in such a Case doth give a power to the King which he eternally ordaineth to the performance of his pleasure It being granted then that the King and the said Ecclesiastick may reign together in Heaven there would be both notice and joy for the taking away of such a Temporal estate although by our Childish blindness it appeareth to men of a grosse understanding to be disadvantageous Again if this be an error that Temporal Lords may at their pleasure take away temporal things from Ecclesiastical persons being habitually Delinquent then it is false also against the true way of the Church and so Heresie because that All truth is in the holy Scripture as Saint Augustine often affirmeth and
by consequent since this way should be a falshood it followeth that it would be contrary to the holy Scripture And certain it is that it is pertinaciously and strongly defended because Kings and Princes believe that it pertaineth to their Soveraignty to have this powers for grant the contrary it will follow that Ecclesiastical persons seeing they are great Trangressors may destroy both Kingdoms and their People to prevent which it may be lawfull for the King to resist the Clergy or to impugn his Charity by the ablation of his proper Almes and those Temporal goods which are the Fire exciting hereunto Now the King could not lawfully punish the bodies of such Traytors if he could not lawfully take from them and alienate their Temporal estates over which he hath a special Dominion And since this power is the chiefest Royalty of the King it would be the same thing to infringe this power and subtilly to overthrow the Government of the Kingdom Again seeing many Kings and Nobles being Catholicks have oftentimes exercised that power it were the same according to such a form to assert the assumption and afterwards to condemn the Lives and Souls of those Hereticks which the Heirs of Kings and especially their Sons have stoutly opposed for thus according to the Priests and Pharises accusing Christ of Heresie they would impose a manifest Error and Heresie on the King of whom they have so great a Temporal assistance But God when he pleaseth will move the heart of the King to overthrow their madness Again Ecclesiastical persons are either the Chief Lords of those Revenues and Temporal estates which the King hath given to them or they are not if they are it truly followeth that for the greatest part those Ecclesiastical men are the chief Lords of our Kingdoms and so as to their Temporals not subject to the King which it seemeth they themselves do conceive The first consequence is manifest by this because the Clergy-men of our Kingdom have the fourth or third part of the Revenues of it And from hence it is that they will not be called Presbyters but Lord Prelates L. Praepositors L. Canonicals L. Prebends L. Presbyters And if any man shall call them Presbyters they are presently angry as if you had called them Common-cryers or Tormentors But if the Clergy-men are not the chief Lords of those Revenues and Temporal estates which the King hath given them as holy men are of opinion who say That Ecclesiastical Persons are not Lords but Attornies or Procurers only for poor men it then followeth That the King is the Soveraign Lord of their Goods and Estates and by consequent can take them away from those Ecclesiastical persons who are Delinquents and bestow them on the poor of Christ. And from hence it is the Canon affirmeth that in the time of necessity to provide for the poors relief the Goods of the Church may be sold by the Priests 12. quest 2. cap. Sicut Ecclesiast Parag. Secundo On which St. Ambrose limiteth the cases in which they may break and sell the Vessels consecrated to the Church as it is manifest Dist. 96. Whatsoever in Gold Pearls or Iewels or in Silver or in Vestments shall appear to be less usefull which cannot long be kept or continue for the service of the Church let them be sold according to their full value and the profit thereof be given to the poor Saint Ambrose doth insist also at large upon this particular in his fifth book of Offices Again many Kings have oftentimes wholly taken away the Temporal estate from the Clergy as it is manifest by the destruction of the Templers and many other private ablations but they never did or could do so lawfully as is manifest by the Adversaries Therefore in this they did that which lawfully they could not do And moreover in this they did that which they could not do meritoriously or according to the law of God And seeing that every work of man proceeding from deliberation is either lawfull or unlawfull meritorious or demeritorious it followeth that they did it unlawfully or demeritoriously and it followeth moreover that inso doing they fell into a dangerous error and as destructive to the Soul as to the Body and that this error is directly contrary to the Catholick truth it doth appear by a threefold consideration First That Kings by so doing did that which neither was nor could be lawfull Secondly Because they took away the Goods of other men against a commandement of the second Table And thirdly Because they did it not in Almes which is against the Catholick truth Let all things what you do be done in Almes All the Antecedent is granted by the Adversaries and this error being in Fact iâ— Kings pertinaciously shall defend it resolving by their power as if a lawfull one to take away from Ecclesiastical persons though Delinquents their Temporal Goods they are in a Heresie From which it further followeth that Kings persisting in so doing are Hereticks and if they shall defend what they have done unto death it followeth that they are Hereticks and damned and from this again it farther followeth that Clergy-men benesiced who do believe what here is said should not pray for the said Kings deceased Again the Emperour or a King not only oughteth but it becommeth him so to indow the Church that he may lawfully take from it his gifts of Almes in case that the abuse thereof doth tend to the detriment of his Kingdom and the hinderance of the preaching of the Gospel Suppose therefore that under such a condition he hath endowed such a Church it may thereupon be thus argued If according unto that form the Emperour or the King had endowed the Church of Prague he might lawfully in the case of the Detriment of his Kingdom or in the contempt of his own person or in the case of the not preaching of the Gospel take away his gifts of Almes But the Emperour or the King could under such a condition have endowed the Church of Prague Therefore for the contempt of the Clergy he could lawfully take away the said gifts of Almes he had given The condition therefore being lawfull and honest and the custom both of the King and kingdom do show that condition in facto to be added It seemeth to be too presumptuous an assertion that our Princes cannot take from them their gifts of Alms be the faults they have commited never so enormous yea when it was properly in their power to adde such a condition And again when as those who received those gifts of Almes could commit never so grievous offences as already I have said It is manifest that our Princes have a simple and an absolute power to withdraw their gifts of Almes a possible danger being imminent and by the same rule it followeth that on the like poâ—sible emergencies they may do it for the time to come Again the King of Bohemia or the
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 thâ—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 lâ—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
of Iohn King first Bishop there was kept vacant ten years An. 1568. after Henry Curwin the second Bishop it was kept void twenty one years together An. 1592. after Iohn Vnderhill the third Bishop it continued void 11. years so little want was there of a Bishop in that poor See An. 1559. the new created Bishoprick of Gloucester after Iames Brooks the third Bishop his death was kept vacant three years An. 1578. as long after Edmond Cheyney An. 1538. the new erected Bishoprick of Bristoll after Paul Bresh the first Bishop was kept vacant four years An. 1578. three years after Richard Cheyney which See continued void otherwise than by Commendam thirty one years together An. 1593. it continued vacant ten years together So little need was there of a Bishop in this See An. 1397. the Bishoprick of St. Davids after Iohn Gilberts death was vacant four years An. 1592. after Marmaduke Middleton almost two years An. 1133. the Bishoprick of Landaffe upon Vrbans decease was kept void six years An. 1183. after Nicholas ap Georgant five years An. 1240. after Elias de Raynor above four years An. 1287 after VVilliam de Brews nine years An. 1213. the Bishoprick of Bangor after Robert of Shrewstury was kept vacant two years An. 1374. as long after Iohn Gilbert An. 1378. after Iohn Swassham twenty years An. 1266. after Amanus the first Bishop of Rangor that See was vacant two years An. 1313. after Lewâ—lin six years An. 1406 after Iohn Trevour five years An. 1439. after Robert five years An. 1017. after Aldbanus of Durham that See continued void above three years An. 1096. as long after VVilliam Carlapho An. 1140. after Geoffry Rusus above five years An. 1207. after Philip of Poytiers above ten years An. 1226. above two years the King threatning the Covent that they should have no Bishop in seven years An. 1237. after Richard Pâ—ore two years till Ethelmate his half Brother whom he commended to the Monks election should be of age An 1505. after William Severus two years An. 1587. after Richard Barnes almost two years An. 1577. the Bishoprick of Chester was kept vacant two years If then all our Bishopricks in several ages to omit the long vacancies of later times have been thus kept void 2,3,4,5 6,7,8,10,15,20 30. years or more together at divers times to omit all annual vacancies without any prejudice to the Church or State and with very great benefit to the Kings of England who enjoyed the Temporalties in the mean time then certainly Diocaesan Bishops are no such necessary Creatures of divine institution in the Church of Christ as some esteem them but that they may be spared and their Lands Temporalties sold or leased as well as thus seised by our Kings without Sacriledge or Injustice when as no Parish Churches can spare or want their Parochial Ministers who are of Gods institution above six months at most After which if the Patron present not in the interim an able and sufficient Clerk the Ordinary by the Canon Common-law may collate and sequester the profits in the mean time only to defray the officiating of the Cure which must be at no time intermitted or neglected because of Divine institution and so absolutely necessary both for the Peoples instruction and salvation which these long vacancies prove Diocaesan Bishops are not 4ly That as our Bishops Abbots Priors did originally for some hundreds of years receive their actual Investitures into their Churches Temporalties from the King alone per Annulum Baculum by a Ring and Pastoral staff delivered to them in nature of a Livery and seilin extorted from our Kings by the violence and tyranny of Pope Vrban and Pascal the 2. and Treason of Archbishop Anselme against the Right of the Crown and Custom of the Realm so they did likewise hold all their Baronies and Temporalties from swear Fealty and do Liege Homage to our Kings for the same as their Supream Liege Lords like other Barons and were as far forth responsible for them to the Kings Iustices and Ministers as Lay-Barons and Tenants were which they all acknowledged in their Recognition to King Henry the second in the Council of Clarindon as our Histories assure us and were lyable to forfeit them for their Treasons Rebellions Disloyalties and Contempts against the King and his Crown as well as Lay-men our Kings being alike Soveraign Lords and Kings to them as well as other Subjects and Tenauts and that Iure Domini as their Supreme Landlords and Patrons from by and under whom alone they held their Temporalties 5ly That the Kings of England as Supream Heads and Governours under Christ of the Church of England have in all ages enjoyed and exercised a Soveraign Power and Jurisdiction over all Archbishops Bishops Deans Chapters Abbots Priors and other Ecclesiastical Persons in all Causes whatsoever as well as over their Temporal Subjects to visit reform order correct restrain amend punish all their Errors Heresies Offences Contempts Enormities Treasons Rebellions against their Persons Crowns Dignities and Royal Authority punishable by any Spiritual Ecclesiastical or Temporal Authority or Iurisdiction and to punish their Persons by imprisonments banishments death scisure sequestration confiscation of their Temporalties Bishoppricks real and personal Goods and Estates as is enacted by the several Statutes against Provisors and the express Statutes of 25 H. 8. c. 19 21. 26 H. 8. c. 1 3. 27 H. 8. c. 10. 28 H. 6. c. 7. 10. 31 H. 8. c. 14. 32 H. 8. c. 22 24 26. 33 H. 8. c. 29. 34 35 H. 8. c. 17 19. 37 H. 8. c. 17. 1 Ed. 6. c. 2. 1 Eliz. c. 1. 5 Eliz. c. 1. 8 Eliz. c. 1. 13 Eliz. c. 12. and other Acts The several Writs De Excommunicato capiendo De Excommunicato deliberando De Cautions admittenda Quare impedit Quare incumbravit Quare non admisit Quod Episcopus admittat Ne admittas Ne exeas Reguum Vi Iacca removenda and especially by the several Writs of Prohibition and ad Iura Regia and Capias pro contemptu wherewith our Records and Law-books are full fraught I shall only recite some memorable Presidents of our Kings and Parliaments proceedings against our Archbps. Bishops in seising their temporalties confiscating their Estates banishing them the Realm suspending from and depriving them of their Bishopricks yea in imprisoning executing their Persons for their rebellions Treasons Conspiracies Contempts against them and their Royal Prerogatives in former ages worthy their and our most serious consideration and remembrance To begin with our Archbishops about the year of Christ 765. Offa King of Mercians being highly offended with Iambertus or Lambert as some stile him Archbishop of Canterbury for his oppositions against him seised and took away all his Temporalties within his Kingdom detaining some of them to himself and giving the rest of them to his Souldiers and Courtiers and moreover by the Popes consent erected a new
ordered to be banished the Realm his Temporalties seised his Lands and Goods forfeited Thomas Cranmer Archbishop of Canterbury was committed Prisoner and impeached convicted of High Treason against Queen Mary for aiding the Usurper Queen Iane against her and his Goods and Temporalties seised Edmond Grindon Archbishop of Canterbury falling into Queen Elizabeths displeasure was suspended from his Archiepiscopacy by her order till his death Archbishop Abbot for killing his Keeper by Chance-medly in shooting at a Back was suspended from his Archiepiscopal Jurisdiction by King Charles the first for sundry years and his Archiepiscopal Jurisdiction power delegated to others And Will. Laud the last Archbishop of that See in the Parliament of 16 Caroli was impeached of sundry High Treasons and high Misdemeanours against the King and Kingdom by the Commons of England and Scots Commissioners for which he was upon full Tryal and Hearing imprisoned atttainted condemned and beheaded on Tower-hill his Goods and Temporalties sequestred seised sold by Judgment and Ordinances of both Houses of Parliament To these numerous Presidents of the Archbishops of Canterbury I shall annex some paralel ones of the Archbishops of York VVilfred Archbishop of York for his Treason in favouring and aiding the rebellious Danes and perswading Queen Ermenburga to desert her Husband the King was by King Egfreds prosecution twice condemned and deprived of his Archbishoprick in two several Councils his Temporalties and Goods seised his Person imprisoned his Archbishoprick divided into two or three more Bishopricks and himself exiled some write for ten others for eight years together till at last with much importunity many Letters from the Pope others he was restored to his See Wolstan Archbp. of York for his hamous Treason in deserting his natural Christian King Edgar against his Oath Allegiance Piety Function Christianity and adhering to the invading heathen Danes who wasted the Country and endeavoured to rout out the Christian Religion and for murdering divers Citizens of Hertford was deprived of his Bishoprick and imprisoned by the King for a year and at last murdered himself Turstan Archbishop of York for receiving his consecration from the Pope at the Council of Rhemes against King Henry the first his expresse command and his own Oath and Faith to the King was banish'd the Realm his Temporalties seised by the King for five years space and he hardly permitted to return into England after many mediations and menaces of the Pope in his behalf Geoffry Plantaginet Archbishop of York for breaking his Oath with King Richard the first was kept from his Temporalties and imprisoned by William Longchamp After this Anno 1194. upon several complaints against him in Parliament for hindering the Kings Officers to gather a Tax in his Diocesse and sundry contempts against King Iohn his Lands and Goods were seised and returned into the Kings Exchequer by the Sherift of York-shire by the Kings command for which he excommuniting the Sheriff was suspended his Bishoprick and forced to pay a Fine of 1000 l. for his restitution After which for excommunicating those who collected a Tax for the King he was banished the Realm and his Temporalties seised for above five years time the See being kept void above ten years space in the Kings hand when he was first made Archbishop Thomas Corbrig Archbishop of York for obeying and preferring the Popes commands before the Kings in admitting the Popes Clerk to the Chapel of St. Sepulchres in York and rejecting the Kings about the year 1300. had for this his contempt three Baronies antiently belonging and annexed to his Archbishoprick taken away and kept from him by King Edward the first during the Archbishops life without restitution Alexander Nevil Archbishop of York was attainted of High Treason in the Parliament of XI King Richard the second his Temporalties and Estate seised and his Person adjudged to perpetual imprisonment in Rochester Castle who flying the Realm Pope Vrban made him Archbishop of St. Andrews in Scotland but the Scots refusing to own his Papal Authority he was stripped of both Archbishopricks and forced to live a poor Parish-Priest in Lovain till his death Richard Scroop Archbishop of York was condemned and beheaded for High Treason against King Henry the fourth and all his Temporalties Monies Goods seised and consiscated to the King An. 1405. George Nevil Archbp. of York Brother to Henry Nevil the Great Earl of Warwick a perfideous Traytor both to King Edward the 6th and Edward the 4th in the year 1472. was arrested of High Treason at VVindsor by King Edward the 4th all his Plate Money and other movable Goods to the value of 20000 l. seised for the King together with a Miter of inestimable value by reason of the many rich stones adorning it which the King broke and made a Crown thereof for himself the profits temporalties of hi-Bishoprick were taken into the Kings hands for above 4. years space and himself long imprisoned at Calis Guisnes for his Treason against the King Cardinal Thomas Wolsie Archbishop of York a most insolent proud ambitious covetous Prelate for his manifold misdemeanours Oppressions and high crimes against the King kingdom people and Kings royal Prerogative was first attainted in a Praemunire An. 21 H. 8. whereupon the K. seised all his Goods and took away the Great Seal from him After which the Lords and Parliament exhibited sundry Articles of High Treason and other Misdemenours against him Upon which by the Kings command he was arrested at Cawood of High Treason by the Earl of Northumberland in November 1536. his Plate Goods and Temporalties seised himself caried Prisoner towards London with intent to bring him to the Tower to be further proceeded against to a void which infamy he poysoned himself with a strong Purgation whereof he died at Leycester Abby after which the King seised all his Lands and Manors though a Cardinal and Archbishop To these Presidents of the Archbishops of Canterbury and York I shall annex the like of some other inferiour Bishops William de sancta Maria Bishop of London for interdicting the whole Realm and excommunicating King Iohn together with Edward Bishop of Ely and Maugerus Bishop of VVorcester who concurred with him in this interdict and excommunication to gratifie the Pope had all their Goods and Temporalties seised upon by the King Anno 1201. their Castles demolished and themselves banished the Realm for five years space Fulco Basset Bishop of London a great Stickler for the Pope against King Henry the third whom he oft affronted â—â—â—â—essed the King and Pope might take away his Bishoprick his Miter and Crosier but not his Helmet and Sword wherein he most gloried and consided Henry Sandwich Bishop of London against his corporal Oath of Fealty and Homage to King Henry the third was a prime Stickler in the Barons wars against this King and Promoter of the Articles of Oxford in the forty
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 Lâ—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. 4â— 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 usuâ— 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 Bâ—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 Reifirâ— 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 Godriâ—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 melâ—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 Croxâ—on datum Fâ—rnodo militi vexillario Regis cum omnibus pertinentiis suis manerium de Kirsoton Kunerby in Lindefie cum omnibus pertinentiis datum Comiti Turgoto Bufenhaâ—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 Bâ—orredus cisco suo assumpserat scilicet Quarpelade Suâ—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 Bâ—orredus cum sito exercitu in Lyndesâ—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 Aâ—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 crepidineâ— 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
fidelium Eleemosyuls reaedificare non segniter insudaret Fernotus miles Dominus de Bosworth dictum manerium de Northburt datum fuisse de progenitoribus ejus monasterio sanctae Pegae monachis ibidem Deo servientibus ex Abbatis propriis chirographis patenter ostendit Unde consequenter allegavit quod cum Deo sanctae Pegae Abbas Wulgatus monachi sui à modo ibidem non servirent dictum manerium à modo non haberent Acceptatum est hoc à Regis justitiario confestim adjudicatum est dictum manerium de Northburt cum omnibus suis pertinentiis praedicto militi Fernoto tanquam jus suum haereditarium de monachis Ecclesiae sanctae Pegae alienatum perpetuò sublatum Quod cum per universum Regnum citius fuisset cognitum scilicet Abbatem de Peikirk prius amisisse monasterium suum consequenter manerium ad monasterium quondam pertinens similiter Edmerus miles Dominus de Holbrok calumniam movit contra eundem Abbatem monachos suos de manerio suo de Makley Horsingus de Wathe calumniatus est pro manerio suo de Badington Siwardus Comes de manerio suo de Bernack Hugolonus thesaurarius de manerio de Helieston alii plures de aliis maneriis dicto monasterio dudum pertinentibus omnes eadem ratione in dicta causa contra monachos obtinuerunt tam de maneriis quam de monasterio suo dictus Abbas de Peikirk monachi sui nequiter ac crudeliter ejecti sunt ut nunquam alicui veniat damnum solum Cum itaque Abbas Wulgatus conventus suus monachi scilicet 18. sic de monasterio destituti vagabundi in proximo dispergendi in omnem ventum pro extrema miseria fluctuarent misertus eorum piissimus rex Edwardus omnes in suam curiam suscepit usquequo eis provideret suam capellam ac aulam quotidie frequentare imperavit If then Lands formerly dedicated to God and Monasterial Churches may thus be taken away and recovered from them by Law without sacriledge or injustice they may by like reason upon most occasions be alienated and taken from them by the King Parliament and Temporal Lords Gualther Mapes and Mr. Cambden out of him inform us that in King Edward the Confessors reign Godwin Earl of Kent having a design to gain the Manor of Barkley in Gloucester-shire to himself belonging to a Nunnery there situated where the Castle now stands passing by the Nonnery left his Nephew a very beautifull and elegant young man in the Nunnery who lodged therein so long under pretext of sickness that with his costly Gifts Beauty and Courtship he so far corrupted the chastity of the Abbesse and Nuns who attended him by turns that he begat and left them all great with childe and turned these lambs into Wolves After which posting thence to Earl Godwin and acquainting him therewith he thereupon informing the King that the Abbesse and all the Nuns were prâ—stituted Strumpets and great with Childe the King issued a Commission to enquire thereof and finding it to be true the Nuns were cast out and the Manor given to Earl Godwin who begged it of the King from whom it came to the Barons of Barkly who have enjoyed it as the Head of their Barony for any Generations without any Sacriledge or Impiety By the Common law of England our Kings in all Ages by their Prerogative Royal in times of war danger and upon sundry other occasions have seised the Lands Benefices Rents Revenues Monies Goods of Priors Abbots Monks and other Ecclesiastical Persons who were aliens to their own uses without Sacriledge or Impiety as is evident by the Fine Rolls of 23 E. 1. m. 1 2. claus 23 E. 1. dors 4. cl 24 E. 1. m. 11. claus 25 E. 1. dors 12 20 22. claus 20 E. 2. dors 9. Rot. Fin. 20 E. 2. m. 9. Rot. Fin. 14 E. 3. m. 11 12 18 19 20 c. cl 15 lâ— 3. pars 3. dors 6. Rot Fin. 16 E. 3. m. 26. cl 19 E. 3. pars 1. m. 17. Rot. Fin. â—3 E. 3. m. 26. and sundry other 〈◊〉 and Claâ—sâ— Roll in tâ—â— Tower â—y sundry Parliament lâ—oâ—ls and our lâ—â—wâ—ooks too And upon the Commons Petition in the Parliament of 2. H. 4. the Prior aliens Lands weâ—e not only â—eiâ—ed into the Kings hands but likewise sold and aheaâ—red into Lay-mens hands to maintain the wars against the French and Welshmen To preâ—eâ—mit all particular seisuâ—es alienations sale substractions of Abbots Priors Monasteries and Religions Persons Lands mentioned in our Histories and Record the respective Parliaments of 27 H. 8. 31 H. 8. c. 1â— 37 H. 8. c. â—1 E. c. 14 by several Acts collected by Rastall Title Monasteryes upon Mr. Fish his supplication of Beggars several Petitions and Complaints of the Commons and Inquisition taken upon oath and returned into the Exchequer of the Sodomitical adulterous incontinent vitious lives of Abbots Monks Nuns and other religious Persons remaining on Record in the Exchequer published at large by Iohn Speed in his History Weaver and others totally suppressed all Monasteries Prioâ—ies Nunneries Cells and other religious Houses and setled the inheritance of all their Lands Rents Revenues Possessions whatsoever in the Crown of England and that without any sacriledge impiety or injustice never since resumed nor ever likely to be restored to them in succeeding Ages being for the most part alienated sold and distributed by our Kings into the hands of the Nobility Gentry Commonalty and Corporation of the Kingdom and into the hands of all or most of the Archbishops Bishops Deans Chapters Prebends Colleges in England Ireland who repute it neither Sin nor Sacriledge in themselves to receive detain enjoy these Monastical Lands and Possessions out of whose spoyle the Bishopricks Deans and Chapters of Glocester Châ—tâ—r Oxford Peterborough and Westminster it self were first erected by Parliaments and Statutes of 31 H. 8. c. 15.33 H. 8. c. 31 34 35 H 8. c. 12 15 17. and the Letters Patents of King Henry the eight under his Great Seal translating the Conventual Churches of Bristol Glocester Oxford Peterborough and VVestminster into Cathedral Churches and Sees of Bishops and the Abbots Priors Covents of these Churches into Bishops Deans Chapters limiting the bounds of their Diocesse taken out of other antient Bishopricks and granting them all their Episcopal and Ecclesiastical Jurisdiction as derived only from our Kings the Supream heads of the Church of England under Christ and to be exercised only in their Names Stiles Rights steeds by these Bishops and their Officers as the Statutes of 26 H. 8. c. 1. 37 H. 8. c. 16 17. 1 Edw. 6. c. 2. 1 Eliz. c. 1. 5 Eliz. c. 1. 8 Eliz. c. 1. and their very Patents resolve us not by any real or adherent Divine Episcopal Jurisdiction derived to them immediately from Christ himself
If then it were neither Sacâ—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 Pâ—ioâ—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 posâ—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 â—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
is lawfull for the civil rulers to correct the Clergy * Who were very poor and had no Lands nor Temporalities Mat. 8. 20. c. 19.27 Luke 8. 3. c. 9. 58 Acts 3.3,5,6 1 Cor. 4.9 to 15. 2 Cor. 6. 4 10. c 8.9 Phil. 2. 25. c. 4. 11 to 20. * By the Law of that age * 2 Tim 2. 4. Mat. 10. 9 10. Phil 3 Id. 19. 20. 2 Tim. 4 1â— Luke 8. 7 14. The duty of Kings * As most do now Bishops conferred â—thes â—n unworthy persons Mark 10. 21. to 31. c. 28. 34 2 Tim 2.4 A Sin committed and acknowledge doth render us more carefull The Lord Prelates have the fourth or third part of the Revenues of this Kingdom Note Note St. Ambrose The selling of Gold and Silver Vessels and Vestments The Templers * This argument is by way of retorsion These Lands being taken from the Templers by the Pope and Clergies consents solicitations A 〈◊〉 endâ—wed 〈◊〉 Rom. 13. Note The fear least the whole possession of the Kingdom of Bohemia be devâ—lved to the Clergy as in the Rhene The Clergy unwilling to be subjected to the King The abuse of gifts Dispensation The wounds of a Friend are better than the deceitfull kisses of an Enemy In the Superiours of the Kingdom Blind zeal False mercy and a consentaneous Omission Note Note Obj. Ans. Note The Dominion of the Clergy over the Power Politick An excellent Reason Leo the Pope subjected himself to Ludovick the Emperor The pride and tyranny of the Clergy Hildegardis Prophecy Hugo de Saâ—am part 2. Note (a) Mr. Fox Acts and Monuments vol. 1. The Preface to John Hus his work Bishop Jewel Dr. Jo. White Bishop Vsher Dr. Fearly Illâ—riâ— Catalogus Testium Veritatis and others (b) 1 Tim. 5. 17 18. Mat. 10. 10 1 Cor. 9 4 to 16. Gal. 6.6 Hâ—b 7. 2 to 11. (c) In the first second part of A Gospel Plea for the Tithes and setled Maintenance of the Ministers of the Gospel London 1656. (d) Distinctio 80. (e) Sentent l. 4. Dist 14. (f) Antiq. Eccl. Brit. p. 7. (g) Acts and Monuments Lond. 1641. vol. 1. p. 138 139. (h) Description of England l. 2. c. 1 2. (i) Chron. part 7. p. 83. (k) History of Great Britain p. 132. (l) De Brit. Eccl. Primordiis c. 5. p. 56 57 58 59 1â—â— 101. (m) 〈…〉 a Genâ—â—b is maximè introducta est c Gratian 〈◊〉 21. (n) Defence of the Apâ—lâ—g part 2. Ch 4. divis 2. (o) A discourse of the conversion of Britain p. 26 27. 28. (p) De Brit. Eccl 〈◊〉 p. 57 58 92 92 99 100 (q) Subveâ—siâ—n of Father Paâ—sâ—ns â— câ—nversions (r) 1 Conâ—il Tâ—m 1. p 13 14. (s) â—â—â—â—es Histâ—â— An. â—19 p. 33. (t) De donatione Constantinâ— (u) His defence of Constantine (x) De utra â—ue potestate c. 21. (y) Peliâ—hâ—â—â—â—n l. 4. c. 26. (z) Dialog l 4. â— 15 16 17 26. (a) Fox Acts and Monuments p. â—17 â—â— (b) Answer to the Preâ—â—â—â— of Mr. Moore p 116. (c) Chron in vita Sylvest (d) Sermon in Hag. 1. â— 1 â—â—â—sence of the 〈◊〉 part â— c. 9. divis 3. (e) Reports of certain men vol. 3. p 341. (g) The Antipathy of the English Lordly Prelaâ—y to Monarchy and Vnity ch 8 9. A Breviate of the Prelates intollerable Usurpations upon the Kings Prerogative Royal and Subjects Liberties An. 1637. (h) Surius Concil Tâ—m 1. p. 513. Gratian Distinct. 41. Vt Episcopus non longè ab Ecclesia Hospitiolum habeat Vt Episcopus vilem supellactilem mensam ac Victum pauperem habeat dignitatis suae authoritatem fide vitae meritis quaerat (i) Spelâ—â—anni Concil Tâ—m 1. p 261. (k) Surius Tâ—m 1. p. 525. Gratian caus 2. qu. 7. caus 13 qu. 1. (k) Fox Acts and Monuments vol. 1. p. 529. 530 532. (l) Fox Acts and Monuments â—â—nd 1610 p 46 463. (a) See my Supplementum ad Flagellum Pontisicâ— c. And my Antipathy of the English Lordâ—y Pâ—â—laâ—y c. ch 8. where most of their words are quoted at large (b) Fox Acts and Monuments vol. 1. p. 609 to 618 622 642 653. 711 514 to 522. vol. 2. p. 609 610. * Cum vocave rit Arichiepiscopatus Episcopatus vel Abbatia vel Pâ—â—natus in Dâ—m Regis esse 〈…〉 mâ—nes â—â—â—â—iâ—us Scut Dominicos â—eâ—ditus â—uos Mat. Paris p. 9â— 9◠〈…〉 col 〈◊〉 86. 〈…〉 An. 11â—4 a Gâ—dwiâ—s Cataâ—â—gue of Bishâ—ps p. 52 53 55 56,57,58 59 76 81 83. 84 111 112 114 119 See Malmesbury de Gesâ—â— Pâ—tisiâ—â—◠〈◊〉 Raduâ—s de Diâ—eto Chron. Iohan. Brompt Gerv. Dorobeâ—n Actus Pontif. Cant. Huntindon Hoved. Antiq. Eccl. Brit. Mat. Westm. Mat. Paris Walsing and others accordingly b Godwin p. 559 587 598 599 607 608 623. Tho. Stubs Actus Pontif. Ebor. Sâ—â—â— Dunelm Radulph de Dâ—ceto Malmesb. de Gest. Pontif. l. 3. Flor. Wigâ—rn [a] Godwin p. 1â—3 184. 189 190 191 19â— 202 224,21â— 220 230,24â— 245 24â— [b] Godwin p. 255 256,261 262 264,265 266,275,277 279 281. [c] Godwin p. 294 295 297 308 3â—9 [d] Godwin p. 317 3â—8 319 321 322,343 347 348. [e] Godwin p. 33â— 338.344 345 355,356 [f] Godwin p. 3â—4 3â—5,368 3â—0 383,385 3â—â— [g] Godwin p. 396 398,420 421 429. [h] Godwin p. 439. 440,444 445 446 449. [i] Godwin 453 454 455,456 5â—1 [a] Godwin 484 485 486,487 488,452 496 501 502. [b] Godwin p. 512 514,530 536,558,547 549 531. [g] Ma West An. 1020. p. 403. Godw. p 931 643 647,65â— 652 663,656 â—â—â— 671 â—85 â—â—â— [h] Rastal Advowsâ—n 1 2 Concil 5. Late ranense 2 Can. 29. Summa Angelica Benefictum sect 31. Summa Resella Beneficiam 1. * Ingulphi Hist. p. 896 908 Eadmerus Hict l. 2 3 4. Malmesbury De Gestis Pontificum c. 1. Antiqu. Eccles Godwin in Auseb Spelman Glossariâ—m T it Fidelitas Homagia Ligeum Investitura and the first part of my Brief Register and Survey of Parliâ—mentary writs p. 195 to 207. where it is largely proved Chron. Iohannis Brompton p. 1038 1039. Coâ—ks 1. Instit. p. 64,65 * Mat. Paris p. 96 97. * See Rastals Abridgement Title Provision and Praemunire Rome * Register of wâ—its pars 2. p. 20 to 70. Fitz. Nat. Brev. and in the Clause â—â—lls [a] Will. Malmesburiensis de Gestis Pontif l. 1. c. 4. Mat. Westm. An 765 766 767,797 Evidentiae Ecclesiae Cantuar. col 1212 1213 1214. Spelmanni Concil Tom. 1. p. 318 to 334. Antiq. Eccles. Brit. p. 26 27 28. Godwin in the life of Iambert Chron. Will. Thom col 1774. [b] Eadmerus Hist. Novor l. 1. 2. Malmesbur de Gestis Regum l. 4. De Gestis Pontif. l. 1. p. 204 205. Chron. Iohan Brompton col 962 968. Gervasius Dorob Actus Pontif. Cant. col 1652 16â—5 Radulsus de Diceto Abbreviationes Chron. col 412,490 Henr. de Knighton de Event Angliae l. 2. c. 2. Polychronicon l. 7. Mat Paris p. 13 14. Mat. Westm. An. 1070 1083 1089. Hoviden Annal. pars prior p. 453.