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A75504 An apology for purchases of lands late of bishops deans and chapters 1660 (1660) Wing A3547; Thomason 669.f.25[75]; ESTC R330 7,707 4

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Child their Nunnery was dissolved by Edward the Confessor their Personal faults punished in their order and their Lands conferr'd upon a Lay Earl when the same King had given the County of b Cambden 526. Rutland to St Peters Westminster his Successor resumed it In Edward the Seconds time the Lands of the c 2. Inst 432. Templars were bestowed upon the Hospitallers in Hen. 5. time the Estates of Priors Aliens some of which were before frequently seized upon were all vested in the King In Hen. 8. time Cardinal Woolsey by licence of the King and Pope Camden 163. supprest fourty small Monasteries to lay their Lands to his two Colledges in Oxford and Ipswich The Stat. 27. Hen. 8. cap. 28. gave the Lands of 375 Religious Houses not worth 200lb per annum to the King shortly after he obtained all the Abbeys and Priories and with them the Lands of the Chapters of divers Bishopricks consisting of Prior and Covent The Satutes 37. Hen. 8. cap. 4. and 1 Edw. 6. cap. 14. gave the King the Lands of all Chanteries Free-Chappels and Colledges whereof there were great numbers as at Plymton Kirton and St Mary Ottery * Cambden 101.203 206. in Devon St Marie's and St Chad's in d Dambden 596. Shrewsbury Resembling some Deanes and Chapters These would call their Possessions as sacred and Inviolable as others Besides the dissolutions of Chapters and of Deanes and Prebends a Bishoprick also hath been dissolved by Act of Parliament and the Lands vested in the Crown See Rastall Title Durham After all these suppressions when at Queen Maries coming in the See of Rome was again embraced Common Peace and the Queen had voluntarily restored some of these Lands not a foot was taken from the Lords or Commons but all their Possessions notwithstanding the Objections of Schisme and Sacriledge established And which is very remarkable the Convocation of the Clergy in the first and second of Philip and Mary present them a Supplication in Latin Printed at large 1 2 P. M. c. 8. in the Stat. cap. 8. Premising That though they ought to labour all that might be for the Recovery and Revocation of all Rights of the Church lost in the Pernicious Schisme yet having maturely deliberated they do ingenuously Confesse that they see the Revocation to be difficult and Quasi impossible for the many and almost inextricable Contracts and Dispositions thereof had and that if it should be attempted the quiet and Tranquility of the Kingdom might be easily disturbed and the unity of the Catholick Church would with difficulty attain its Progresse and End Therefore preferring the Publick good and quiet and the saving of souls before worldly wealth and private advantage and not seeking their own but the things of Jesus Christ they supplicate their Majesty 's in their Names to intercede with Cardinal Poole then Legate from the Pope Utin hijs bonis Ecclesiasticis elargiendis relaxandis Publicum bonum Privato ante ponere velit Whereunto as they give their own consents so they pray that he will not be hard or strict The Cardinal by a Dispensation Printed in the same Statute doth remit and release them to all Persons to whose hands they are come Licet indebitè Willing and Decreeing that the Possessors should not in respect thereof be molested upon any Decretalls General or Provincial Councils c. and that no Censure or Pain should be inflicted on them for the detaining or not restoring thereof and the Statute Ordaines that whosoever should inquiet or molest any of the Possessors contrary to the meaning of the Act should incurre the Paines of Premunire This Supplication Dispensation and Act may be instances of Moderation and Judgment in the Clergy Resolution and Wisdome in a Parliament which would not destroy a Family for the holyest Fryer in a Province Whatever inconsideration or thirst may otherwise warpe the Ingenuities of such as are led by their private Benefits to regain what others have thought best to quit and what fruits of content Charity and good will the Experiment will afford them time will shew There hath been a little skill shewn by superstitious men in frighting others from intermeding in these Sales by stories of misfortune and unluckinesse in the Lay Possessors of Church-Lands There are few Gentlemen who know their Counties that cannot give Instances of such Lands still remaining in the Families to which they were first given Witnesse great Estates of such Lands in the Lord Marquesse of Hertford of the House of Rutland and most Eminent Families and if they have known one Estate in such Lands sold can say the like of other Estates as great as they If the Duke of Sommerset and Marquesse of Northampton were shortly attainted and their Monasteries of Glasconbury and Winchombe returned to the Crown On the other side the Earl of Westmoreland and his partakers in the North among other things for the restoring of such Lands though they escaped with their lives beyond Sea became wandring Monuments of as great misery and ruine For the better Test of so many great Estates by Instances of one sort let the Mitred Abbots be examined and from thence a judgment made of the rest These were twenty six and had no great change till of late for by Mr Fallers History of Abbeys it appears that divers of them remained in the Crown viz. Crowland Selby St Maries in Yorke c. Others in the Private Families on which they were conferred viz. Thorney in Russell Q. of Tavestoke Earl of Bedford Battell in Browne Lord Mountague Midleton in Tregonwell Ramsey in Cromwell St Johns in Hales St Albans in the Heirs of St Ralph Sadler Waltham in the Earl of Carlisle Heir of the Lord Denaye And others to other uses as St Bennet de Hulmo united to Norwich Westminster to the Deane Prebend and School there Gloster and Peterborrough to the Bishops Quaere the rest And if five or six out of twenty six have in an hundred years changed their Masters so have other Estates And let men beware of saying That those upon whom the Tower of Siloam fell were greater sinners then they If it be granted that these Institutions of Bishops Deanes and Chapters were Prudentiall simply if they have swarved from some omitted others and by Law been outted of more parts of their Intrustment though their whole being were not taken away by that Act of 1641. there was yet Reason that they might be abated in the Exhibitions allowed them for such parts thereof as they no longer performed And so far there may be just ground of otherwise disposing a considerable part of their Estates The Sales besides the lesse Publique and Generall use of Bishops and the taking away of all coercive Power from them by another Statute 17. Car. cap. 11. were brought on by other most important Reasons The Nation groaned under vast Debts under the burden of a Scotch Army under a great Army of English and supernumeraryes more then they under the intollerable eating Moath Free-quarter And beside all this a Warre in Ireland that could not feed it self but with Supplyes from England All these would be Provided for but the Taxes which yet were greater then England ever knew before were as nothing to discharge them There is no such measure of ill consequence in the Sale of these Lands as in keeping up two Armies supernumeraryes and Free-quarter or as in continuing Sequestrations upon the Estates of such as were under hardship or as in such Excesse burdens as would have destroyed Private mens Estates If ever necessity lay upon an oppressed People of resorting to unusual waies of ease our times have seen it And constraint goes farre in excusing what otherwise were not warrantable Marriners the Governours of a Ship may in extream Tempest throw any mans goods over-board to save the rest The same thing may be just or unjust punishable or not punishable upon Circumstances It is the part of an Accuser rather then a Judge to determine of Crimes and not to admit Excuses and Extenuations Christ Jesus the great Pastour and Bishop of our souls hath taught us that man was not made for the Sabbath but the Sabbath for man The like of Laws David and his followers were Excused for eating the Shew-bread in extream hunger though before then it were not lawfull for him or any to eat it but only for the Priests Restant Multa
AN APOLOGY For Purchases of Lands late of Bishops Deans and Chapters THere is no Institution to no end but whenever the Reason thereof ceaseth Bishops the Law or Institution it self doth in proportion relax its force The end for which the Bishop-pricks were endowed with such ample Revenues was to support the state and splendor of Barronage and Session in Parliament wherewith the Bishops were dignified as with Lay-●ees the Honoraria of such their imployment Work and Wages are relatives If the imployment fails so doth the reason of the reward but by an Act of King Lords and Commons * 17. Car. c. 28. 17 Car. c 28. their being Barons Lords of Parliament is taken away and so the reason of their greatness The Bishops had severall capacities viz. Spirituall and Temporall and severall Revenues distinguisht by the names of Spiritualties and Temporalties The Spiritualties of a Bishop in the words of Dr Cowell a Dr Cowells Interpreter of Law-words dedicated to the late Arch-Bishop of Canterbury be these profits which he receiveth as he is a Bishop and not as he is a Barron of the Parliament Stawnford Pl. cor fol. 132. The Particulars of these may be the duties of his Visitation his benefit growing from the Ordering and Instituting Priests Prestation money that subsidium charitativum which upon reasonable cause he may require of his Clergy Johannes Gregorius de beneficiis cap. 6. num 9. and the benefit of his Jurisdiction Joachimus Stephanus de Jurisdict lib. 4. c. 14. num 14. for these reckneth Exactionem Cathedratici quartam Decimarum mortuariorum oblationum pensitationem celebrationem Synodi Collationem viatici vel commeatus cum Episcopus R●mam Proficiscitur Jus Hospitii Litaniam Processionem There are none of these sold The Temporalties of Bishops in the same Doctors words be such Revenues Lands and Tenements as Bishops have had laid to their Seas as Barons and Lords of the Parliament In former times when Parliaments were holden frequently almost every b 4. Ed. 3. c. 13.36 Ed. 3. c. 10. year and uncertainly at severall places as at Rutland c 10. Ed. 1. Acton Burnell d 11. Ed. 1. Winchester e 13. Ed. 1. Exeter f 14. Ed. 1. York Gl●ster Carlisle and other remote parts the Bishops and Mitred Abbots who were Lords of Parliament could not without their great estates of Baronies defray the charge of so great journeys as became their dignity The g 4. Institut 35.45 Doderidge of Nobility 61. Abbots of Leicester and Northampton being summoned as Lords of Parliament and setting forth by Petition that they held not per Baroniam sed tantum in pura Eleemosyna were discharged but the Bishop of Winchester h Crompton 4. holding by Barony and departing from the Parliament without licence was arraigned in the Kings Bench. That they held their Lands as Temporall Estates appears Rott Patent 18 H. 3. m. 17. Mandatum est omnibus Episcopis c. Sicut Baronias suas diligant nullo modo praesumant consilium tenere de aliquibus quae ad Coronam Regis pertinent vel quae personam Regis vel statum suum vel statum concilii sui contingunt scituri pro certo quod si fecerint Rex inde se capiat ad Baronias suas The King did frequently upon their i 21. Ed. 3.3.5 Rep. f. 12 13. contempts seize the Temporalties of Bishops into his hands In time of Vacancy the King leaving the Spiritualties to the Ordinary seized the Temporalties into his hands and granted them during the vacation to whom he list see k Sr Rob. Cottons Abridgement Rot. Parliament 8 H. 4. num 91. The Temporalties of Durham granted to John of Lancaster the Kings Son and the Temporalties of the Bishop of London farmed out rendring to the King a Thousand pound per ann The King sometimes held the Temporalties a long while in his hands by delay of the Popes allowance of their Elections or of the Pall or of Consecration sometime there were double and treble Elections and Suites thereupon in the Court of Rome Lamberts Perambulation of Kent in Canterbury and Rochester 134.217.270 as upon the voidance of the See of Canterbury upon three pretences of Reynold the Subprior John Gray and Stephen Langton at another time the Monks of Rochester chose one Sandford for their Bishop the Monks of Canterbury opposed the Election challenging that the Pastorall Staffe or Crosier of Rochester ought of very right to be brought to their house after the death of the Bishop and that they ought to make the Election The difference was once compounded by Hubert de Burgh chief Justice of England but afterwards followed afresh at Rome three years together The King in such cases lackt a Lord in Parliament took the Temporalties to himself and left the Spiritualties to their proper Guardian but Lands are no Spiritualties Odo Bishop of Bayeux was Earl of Kent Osmond Bishop of Salisbury was Earl of Dorset and Seez Cambden 252.215 and in Scotland 11. and Robert Steward Bishop of Cathnes was Earl of Lenox and March When the first of these was in displeasure of the King and priviledged as a Bishop he was yet imprisoned as an Earl lost all his goods and was abjured the Realme The Bishop * Cambden 744. and 820. Pudsey and Walcher were Earls of Northumberland The Bishop of Durham l 4. Instit 218 220. 27. H. 8. c. 24. was a Count Palatine within his Bishopprick where he had Jura Regalia that is Temporall Courts Writs and Process in his own name a Power to make Justices to pardon offences and to have Royall Escheats The Bishop of Ely also had a Royall Franchise within the Isle of Ely The Bishop of the Isle of m 4. Inst Isle of Man Man had neither nor was he a Lord of Parliament So a Bishop may be a Bishop and no Earl or Lord partaker in the Sovereign or Legislative Power and then being allowed his Spiritualties hath all that is due to his Spirituall office By what divine Right or Pretence Deans and Chapters challenge so great Estates Deans and Chapters Non constat Were it so that the Gospell were now first planting here as in the Indies and a Bishop set up to advance the conversion of Infidels within such a Circuit it might be prudentiall while there were but few Ministers Selden of Tythes c. 6 7 8. and before the distribution of his Dioces into Parishes to associate divers Ministers together who should as Itinerants travell from place to place for the gaining and confirming of Believers as anciently in Boothes or Tents of hurdles occasionally set up in the fields G.M. on Doctor Ridleys view of the civill Law 197. Fullers Ecclesiasticall History 7. or at cross wayes or other publick places of resort And in such case their maintenance being brought into a common stock at the See or residence of their