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A45227 A seasonable vindication of the supream authority and jurisdiction of Christian kings, lords, parliaments, as well over the possessions as persons of delinquent prelates and churchmen, or, An antient disputation of the famous Bohemian martyr John Hus, in justification of John Wickliffs 17 article proving by 43 arguments taken out of fathers, canonists, school-men, the supream authority and jurisidiction of princes, parliaments, temporal lords, and other lay-men, who have endowed the church with temporalities, to take away and alien the temporal lands and possessions of delinquent bishops, abbots and church-men, by way of medicine or punishment, without any sacrilege, impiety or injustice : transcribed out of the printed works of Iohn Hus, and Mr. Iohn Fox his acts and monuments printed London 1641, vol. I, p. 585, &c : with an additional appendix thereunto of proofs and domestick presidents in all ages, usefull for present and future times / by William Prynne ...; Determinatio de ablatione temporalium a clericis. English Hus, Jan, 1369?-1415.; Foxe, John, 1516-1587. Actes and monuments.; Prynne, William, 1600-1669. 1660 (1660) Wing H3802; ESTC R8509 98,591 126

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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 anu●● cum auro de Sanctorum fere●ris abra●o sunt conflaia Nec erat hoc secundum Patrum decreta illicitum cum urgen●tisimus necessiiatis ar●●enlus instaret Nec ulla erat distin●●●o in this necessity Clerici Laici secularis religiosi rustici urbani s●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 V●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
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