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lord_n	edward_n	sir_n	william_n	56,368	5	8.7171	4	true

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ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
B25323	The assurance of abby and other church-lands in England to the possessors, cleared from the doubts and arguments raised about the danger of resumption in answer to a letter of a person of quality / by Nathaniel Johnston ...	Johnston, Nathaniel, 1627-1705.; Coventry, William, Sir, 1628?-1686.	1687 (1687)	Wing J872	65,925	215

did his utmost endeavors to get the Emperor to Insist upon the security of Abby-lands when he was sent with Edward (n) Duditiu● vita Poli p. 26. Lord Hastings Master of the Horse about September 1554. to fetch Cardinal Pool as well as he had done formerly in his Negotiations with the Emperor with whom joyned William Earl of Pembrook the Lord Russel and Sir William Peters and many others equally concerned in Abby-lands When this Marriage was once agreed upon the unfortunate Courtney was soon forbid the Court to colour which his pretentions to the Lady Elizabeth and his Confederacy with Wyat were alledged The advantage the Emperor proposed to himself by the Marriage of Prince Philip to Queen Mary and how this contributed to the confirming of Abby-lands to the Possessors The Emperor having entertained the thoughts of this Marriage as of greatest advantage to him by joyning the great Kingdoms of England and Ireland to his House whereby he might not only be assisted with Naval and Land Forces against France but greatly assist his Netherlands by the Vicinity of England studyed all the ways he could to render the Match more acceptable to the English and by the composing Mens minds there and gaining a firm security that all might enjoy their Abby-lands prevent all occasions of Rebellion and the easilyer effect the Pope's and all Roman Catholics desires to have the Kingdom of England Reconciled to the Church of Rome He rightly apprehending that if those Lands were secured there would be no great difficulty to bring the Body of the Kingdom to return again to the Bosom of the Church he havin● had large experience in his affairs of Germany what obstructions the matter of Church-lands occasioned By all this it is manifest to all unprejudiced persons how much it was the Interest of the Emperor King Philip the Queen and all her Subjects to get those Lands sufficiently secured that the Reconciliation might the easilyer be effected And it is the most improbable thing in the World that the Interessed persons would omit the due care to have them so secured as they might neither be in danger of a Resumption from the Church or State. The Pope wrought upon by the Emperor to enlarge the Powers of Cardinal Pool As to the Popes encreasing the Powers given to Cardinal Pool pian piano step by step the Reason of it is very evident since it might be rationally expected that it was for obtaining the great end of the Reconciliation that the Indulgences and Dispensations of of the Pope were granted and it could not be foreseen at Rome nor in the Emperors Court nor even in England at first how much would satisfie and that seems to me the evident Reason why the Emperor kept the Cardinal so long from passing to England till all things were adjusted at Rome and all satisfaction given in England in this as well as the Marriage These things appear even by the Confession of the (o) Pa. 13. Author of the Letter to Dr. Burnet for he owns that it appears by the Breve the 10th of July 1554. that the Pope in consideration of the Prince of Spains being Married to the Queen of England enlargeth Pools Powers an account of which the Cardinal sent to the Bishop of Arras by Ormanet (p) P. 16. And Duditus vita Poli pa. 23. who was not Secretary as this Writer saith but Auditor to the Cardinal for Anthony Floribellus was his Secretary The Bishop of Arras Writ to the Cardinal the 3d. of August following that the Emperor would send to England to know the State of affairs there which he thought must be done first before the Legat could go over Also in the Letter from the Cardinal (q) Pa. 15. to the Pope Dated from Bruf sels October 13th 1554. he gives his Holiness an account that he had told the Emperor that tho' as to matters of Faith the Pope would slacken nothing How far the Pope granted to yield nor shew any manner of Indulgence yet in the matter of the Church-lands in which the Pope was more at liberty he was resolved to be gentle and Indulgent And as to all the pains and censures that the Possessors had incurred and the Rents that they had enjoyed which were points of great Importance he was resolved to use all sort of Indulgence towards them and to forgive all nor had he any design of applying any part of their Goods either to himself or to the Apostolic See of which some were affraid and such regard the Pope had to the King and Queen of England (r) Pa. 16. that he was resolved to grant upon their Intercession whatsoever should be thought convenient to such persons as they should think worth gratifying or were capable to assist in the design of setling the Religion Yet it appears The cautious proceedings of the Emperor in proposing difficulties that this did not fully satisfie the Emperor who as our Author saith Answered with new delays and owned that since the Goods were Dedicated to God it was not fit to grant every thing to those that held them and therefore tho' the Cardinal had told him how far his Power extended yet it was not fit that it should be generally known The Emperor (ſ) Pa. 17. further gave him to understand that regard must be had to the ill dispositions of the parties concerned since the Aversion that the English Nation had to the very name of Obedience to the Church or to a Red Hat or a Religious Habit was so Universal that his Son had been advised to make the Friers that came over from Spain with him to change their Habits But tho' he had done it yet the danger of Tumults deserved to be well considered It is worth considering how disengenuous an Inference The disengenuous reflections made upon the Emperors difficulties the Author of the Letter makes from this that the Cardinal intended only to grant a general discharge to all the Possessors of the Abby-lands for what was past but resolved to give no grants of them for the future Note the Queen did Interceed for all except only to such as should Merit it and for whom the Queen should interceed and whose Zeal in the matter of Religion might deserve such a favor and that the Emperor intended no more and that he thought this should be kept as a great secret when as he well knew that the Powers given to the Cardinal were of great extent and that he fully executed them as I shall make it appear when I Treat of the Breves themselves and of the Dispensation of the Cardinal pursuant to them Having thus stated the matter of Fact I shall proceed to Answer the Objection more particularly which you insist upon First therefore Objecti ∣ on Objection that only moveable Goods were granted upon condition to restore the Lands as to what Dr. Burnet saith that the Cardinal in the Absolution put

should Enroll the Usurpers under the Standard of Heresie not sufficiently destroyed The plain sense of which is that they were to be Indulged in their Possessions how unjust soever they were lest the denying of it should enforce them for the sake of preserving their Estates to reject ' the Reconciliation which was the prime thing desired It is true this Pope Paul the 4th is (f) Ricaut continuation 110. represented by Historians to be a Morose Man of a Saturnine Temper being the first Author and Contriver of the Inquisition and that by a new Decree he retrieved all those Goods and Ecclesiastical Revenues which had been (g) Pa. 112. Answer to Soavis arguments Alienated from the Church since the time of Julius the 2d to his Days and that since the time that Rome had been sacked by the Spaniards who had Plundered and Sequestred the Estate and Rents of the Family of Caraffa of which he was a Son he had conceived an Implacable anger and Inveterate hatred against the whole Nation which also was encreased by that ill Treatment and Injustice (h) Pa. 113. which the Vice-King of Naples once used towards his own Person For being Created by Paul the 3d. Arch-bishop of Naples he was debarred from the Possession and benefits thereof by the Vice-Roy on no other pretence than that he was suspected to favor the French party and upon that affront he would have persuaded Paul II● to a War with Naples but the Pope declining that the anger and fury of this Paul IV. being suppressed until he became Pope did then burst forth and vent it self so that he made a stricter Union with France and commenced a War against Philip King of Spain Yet it is likewise noted (i) p. 112. That notwithstanding the Pride and rudeness of his Nature he did several things in the beginning of his Papacy to gratifie and please the people of Rome insomuch that they erected a Statue of Marble for him in the Capitol And I shall now endeavor to m●ke it clear that he did ratifie what Cardinal Pool had done and that his Animosities against Spain or Cardinal Pool whom he (k) p. 118. recalled from his Legatship in England were acts of a later date and he had the good conduct and fortune to prove a successful Instrument in making that memorable Peace betwixt Philip King of Spain and Henry King of France And it is apparent by Sir Edward Carne's (l) Hist refor collect Rec. fol. 315. See concerning Pope Paul IV's revocation of Cardinal Pool Duditius p. 34 35. Letter that the Pope did revoke the Cardinal only because of the War with Spain as he did his Nuncio's from all King Philip's Countreys but staid that of the Cardinal at Queen Mary's desire Having related what Soavo hath published concerning this matter before I proceed to the clear proof that Pope Paul IV. did ratifie what Cardinal Pool had done The Opinion of a Learned Roman Catholic Father W. I do offer to your consideration what I have under the hand of a Learned Father of sufficient Learning and Knowledge in the Canon-Law and of great Candor and Virtue That he believes that from the moment of the Release of Cardinal Pool all Possessors of those Lands had a just Title even by Canon-Law to them even as to their other Lands And as the Pope cannot deprive them of their other Lands by any Act whatsoever no more can he deprive them of those Lands nor that any Canonist will own that any succeeding Pope can repeal the Release of Church Lands Which must be most clear whenas the Release was so confirmed as I shall now endeavor to make clear by some positive proofs The first of which shall be what I have found in the Journal of the House of Commons Endorsed Seymour which you may have access to for your further satisfaction if you scruple my credit in that particular for I have copy'd it from the Original in the custody of the Honorable Sir John Trevor Master of the Rolls whose singular favor I must ever acknowledge not only in affording me the perusal of this Journal and ready admittance to the Records in his custody but likewise in furnishing me with a Repertory whereby I am enabled readily to find such Records as I have had or may have occasion to peruse for His Majesties Service The first proof of the assurance of Abby-Lands from the Journal of the House of Commons This Journal reacheth from the 1st of Edward VI. to the 8th of Queen Elizabeth In the first leaf of the Parliament 2 3 of King Philip and Queen Mary which begun the 21st of October 1555. After the relation of choosing the Speaker c. these following words are entred After which was read a Bull from the Pope's Holiness confirming the doings of my Lord Cardinal Pool touching the Assurance of Abby-Lands c. after which the Speaker with the Commons departed to the nether House It is true there is nothing of this mentioned in the Journal of the Lords but whoever looks into their Journals in the Reign of Queen Mary and those before and some while after will find little in them besides the names of the Proxies for the absent Lords on one side and then the Folio divided into three Colums in the first of which are the Names of the Bishops present in the second the recital of the appearing Peers and in the third only the Titles of the Bills read So that in several Folio's there is not one Line writ in the third Division Second Proof I now pass to the second proof That Pope Paul IV. did by Bull confirm what Cardinal Pool had done To illustrate which I shall translate into English the Copy of it to be found in (m) Ecclesiae collegiate fol. 207. Sir William Dugdale's last Volume of his Monasticon transcribed from the Original in my Lord Peter's custody The Bull of Confirmation of Abby-Landsto Sir Will. Peters The Title is The Bull of Paul IV. Bishop of Rome in which for better caution he especially and expresly approves and confirms to William Peters Knight and Counsellor of the King all and singular the sales of several Mannors c. sometimes belonging to divers Monasteries by King Henry VIII dissolved which he viz. Sir William as it is said is ready to assign and demise to Spiritual Uses Paul Bishop Servant of the Servants of God to the perpetual memory of the Fact. By the accustomed bounty of the Apostolic See it becomes us freely to impart Apostolic Favor to those which require Quiet and Tranquility especially when it is humbly desired from us and reasonable causes persuade it and that they may remain undisturbed j●●ibatae to add the stability of Apostolic Munition A Petition being lately exhibited to Us on the part of Our beloved Son the Noble Sir William Peters Knight and Counsellor of the King of the Diocese of Exeter That heretofore King Henry

method and secondly discover the disingenuousness of the Author and lastly exhibit the Summary of the Breves and the words of the material parts of them The Author of the Letter c saith Pag. 6. That Cardinal Pool left Rome in November 1553. and was dispatched with general Powers as Legat and afterwards viz. 8. March 1554. the first of the Breves was sent him which probably was an enlargement of the Powers given him at his first dispatch and those he saith very probably carryed more Grace and Favor than was intended or allowed of at first To this I answer he might have known that Cardinal Pool was returned from Rome long before November 1553. for he had taken up his Habitation at (d) 1o. Post initum Julii 3i. Pontificatum Anno c. Polus bona cum Pontificis Venia Roma excedere in quietum aliquem locum se recipere cupiens statuit Maguzanum secedere in coenobium quoddam Monachorum D. Benedicti Ordinis quorum ipse Rome Patronus atque ut illi appellant Protector erat remotum salubremque locum in agro Veronensi non procul à lacu Benaco positum Duditius vita Card. Poli. p. 22. Maguzano a Monastery of the Benedictines whereof he was Protector when the troubles begun in Italy by reason of the War betwixt the Emperor and France soon after Julius the 3d. was chosen Pope about Anno 1551. There he received the news of the Death of King Edward the 6th and the Assumption of Queen Mary to the Crown upon which he dispatched a Gentleman by Name Vincenzo (e) Vincentius Parpala homo magno rerum usu atque experientia praeditus Id. p. 23. Parpaglia Secular Abbot of St. Saluto to give the Pope notice of it and to offer himself for the Spiritual Assistance of England this Letter bears date from that place 7. August 1553. The Pope had about the same time received the same news and motu proprio declared in Consistory Cardinal Pool Legat à Latere for England The Breve of the Legacy (f) Pont. Maximus Polo Legationem in Angliam decernit eique amplissimas facultates etiam creandi Episcopos tribuit Idem p. 23. A. bears Date the 6th of August The Gentleman whom the Cardinal had dispatched met the Messenger who carried the said Breve about Bononia and understanding his business returned back with him to the Cardinal who upon the receit of it sent his own Gentleman with new Letters to Rome and removed in October from the Monastery (g) Iter mense Octobri Anno 1553. parat Maguzano ad Insulam Benaci Lacus proficiscitur Idem pa. 22. B. to a Neighboring place called the Isle of the Lake So that it appears that the Cardinal neither departed from Rome at first upon account of this Legantine Power nor ever returned thither any more As to the proceedings of the Pope the Emperor Charles the 5th and Cardinal Pool in the business of the Reconciliation the Marriage of King Philip with the Queen and the security of Abby-Lands from what we find in Dr. Burnets History Petro Soavo Cardinal Pallivicino our own Historians and the Author of the Letter to Dr. Burnet and what I have from the Relation of a Learned person the matter was thus The Popes desire was principally the Reconciliation of the Kingdom to the Church of Rome and it is not to be doubted it was his desire that this might be effected so as a Restitution might be made of the Abby-Lands and the losses that the Apostolic See had sustained since the Reformation might be repaired therefore it is not to be wondered at that Cardinal (h) Letter to Dr. Burnet The Reason why Cardinal Pools dispatch into England was so slow Morone should Write to Pool 13th of July that the Pope was not yet determined in the business of Church-lands but had spoken very often very variously concerning that matter Duditius gives a large account how the Emperor stopt the Cardinal at Dilingam a Town of the Archbishop of Augustane the Reason of which the Cardinal not understanding he resents it ill as a great disadvantage to the Conversion of England pag. 23.24 The Reason of all which was that the Emperor Charles the 5th having designed to Marry his Son Philip with Queen Mary made use of the Lord Pagets assistance as hereafter shall be shewn and the Emperor had an apprehension that his design in this might be thwarted by Cardinal Pool and the Lord Chancellor Gardiner For when the (i) Hist Reformation Part 2. fol. 258. and 259. The Reason of the Emperors staying the Cardinal is thus expressed by Duditus Queen sent Commendone afterwards a Cardinal to Rome to give the Pope assurance of her Filial Obedience and to move the Pope to send the Cardinal with a Legatine Authority He that Writes the Cardinals Life Insinuates that the Queen had another design for she asked Commendone whether the Pope might not Dispense with the Cardinal to Marry since he was only in Deacons Orders the Lord Chancellor Gardiner is also thought to have promoted (k) Caterum cupiebat Caesar ut post●a Intellec●ium est Philippo ejus Filio Mariam Angliae Regin●m nub re Quae res Anglis cum ●●rime probaretur nec vero Caesar nescius esset quanti Polum Regina multique in Anglia Primarii homines facerent cavendum st●●tuit ne quam ejus adventus moram nuptiis afferret pa. 24. A. Pools Pretensions to the Queen since her Marrying a Subject and not a Stranger would have made the Government much easier and more acceptable to the People and it would have been the best thing he could have done for himself because upon that Match he might have probably obtained the Archbishoprick of Canturbury Edward (l) Dugdales baronage part 1. fol. 643. Courtn●y Earl of Devonshire Son of Henry Son of Will. Courtney Earl of Devonshire and Katharine Daughter of Edward 4th in regard of his Royal Descent flourishing Youth and courteous disposition was also proposed as an Husband to Queen Mary But my Lord (m) Idem part 2. fol. 391. An. 1549. Paget one of the Executors of King H. 8th who in the 4th of E. 6th was sent Ambassador to Charles the 5th and the very next Year accused as one of the Complices of the Duke of Sommerset sent to the Tower bereaved of the Ensigns of the Garter and Fined 6000 l. Upon King Edward the 6th's Death he joyned with the Earl of Arundel to set up Queen Mary and upon her being Proclaimed at London Rid Post to acquaint her with it He apprehending the advantage would accrue by the Match of the Queen with Philip then Prince of Spain Eldest Son to the Emperor Charles the 5th so far prevailed that the Emperor gave him full Power to Transact it with that Queen and in one Afternoon he adjusted the matter with her and having a good share of Church-lands as well as several others no doubt he