The
Assurance
of
Abby-Lands
IN
ENGLAND
,
Cleared
from
the
doubts
and
Arguments
raised
about
the
danger
of
Resumption
.
In
Answer
to
a
Letter
of
a
Person
of
Quality
.
SIR
,
The
occasion
of
the
treating
of
the
security
of
Abby
Lands
.
YOU
have
obliged
me
very
much
,
in
the
Present
you
made
me
of
the
late
Treatise
,
intitled
,
How
the
Members
of
the
Church
of
England
ought
to
behave
themselves
under
a
Roman
Catholic
King
;
And
have
greatly
pleased
me
in
the
remarks
you
have
made
upon
it
;
which
in
the
General
are
favorable
enough
,
in
that
you
say
,
it
deserves
consideration
,
as
much
as
any
Book
writ
on
that
Subject
,
since
the
Kings
Succeeding
to
the
Crown
;
and
that
either
directly
,
or
by
consequence
you
think
as
much
is
said
as
the
matter
will
bear
;
and
you
wish
it
were
so
considered
as
it
ought
to
be
;
for
you
verily
believe
,
that
the
want
of
weighing
the
Reas●ns
there
laid
down
,
hath
occasioned
most
of
those
non-compliances
with
the
Kings
desires
,
which
have
been
so
fatal
to
some
,
and
may
yet
be
to
more
,
that
will
not
see
,
how
much
it
is
the
Interest
of
all
Subjects
to
endeavor
with
great
obedie●ce
,
to
comport
themselves
to
their
Sovereign
in
all
the
Duties
of
Allegiance
,
and
to
one
another
as
fellow-Subjects
,
that
thereby
the
Civil
Harmony
amongst
themselves
,
may
produce
those
effects
,
so
wise
a
King
,
and
so
sedulous
for
his
Peoples
happiness
,
studies
to
accomplish
.
You
tell
me
,
that
a
further
satisfaction
in
some
particulars
you
think
requisite
;
and
since
the
Author
is
unknown
to
you
,
and
having
some
confidence
I
will
deal
candidly
with
you
,
you
desire
my
Judgment
in
some
scruples
:
In
obedience
to
which
I
here
send
you
my
thoughts
,
and
shall
not
insert
your
Letter
entire
,
but
in
parcels
,
for
the
advantage
of
fitting
my
Answer
more
satisfactorily
to
your
Objections
,
which
as
they
are
such
as
may
shock
some
deserve
a
serious
reply
to
,
especially
since
his
Majesty
is
desirous
his
Subjects
should
be
satisfied
in
this
particular
.
SECT.
I.
The
Arguments
against
the
Alienation
of
Church-Lands
.
§
1.
The
necessity
of
clearing
the
doubts
about
the
security
of
Abby-Lands
.
IN
the
First
Part
of
the
Letter
you
tell
me
,
that
you
conceive
,
that
the
Author
of
the
foresaid
Discourse
hath
too
slightly
passed
over
the
security
of
Abby-Lands
,
and
other
Religious
Possessions
,
whereof
the
Roman
Catholic
Regulars
were
violently
disseized
in
King
Henry
the
8th
.
and
King
Edward
the
6th
.
time
.
Whereas
you
Judge
the
consideration
of
the
danger
of
their
Resumption
,
as
weighty
a
Reason
as
any
other
,
why
persons
of
Interest
and
Fortune
oppose
the
Repeal
of
the
Test
and
Penal
Laws
;
lest
by
yielding
a
Parliamentary
consent
to
those
,
the
Roman
Catholic
Religion
should
with
greater
facility
be
propagated
;
which
once
effected
,
you
conceive
great
endeavours
would
be
used
,
to
procure
a
Restitution
of
those
Lands
to
the
Religious
.
Upon
this
Head
you
re-mind
me
what
Sir
Henry
Spelman
hath
writ
in
his
small
,
but
Learned
Treatise
,
De
non
Temerandis
Ecclesiis
:
the
force
of
whose
Arguments
were
such
,
as
they
have
prevailed
with
several
persons
to
restore
their
Impropriations
to
their
respective
Parochial
Churches
.
Yet
you
own
that
the
Subjects
(
both
Roman
Catholics
and
Protestants
)
seemed
to
entertain
a
firm
Opinion
of
the
Legal
Security
of
them
,
till
[
](B25323-e11140-b)(a)
(a)
Part
2.
fol.
297.
Dr.
Burnet
in
his
History
of
the
Reformation
,
and
the
Author
[
](B25323-e11190-b)(b)
(b)
Pr●●ted
for
Rich.
Baldwin
.
1685.
of
a
Letter
to
him
,
giving
him
an
Account
of
Cardinal
Pool's
secret
Powers
,
endeavoured
to
make
it
appear
,
that
the
Pope
neither
did
,
nor
intended
to
confirm
the
Alienation
of
Abby-Lands
,
and
thereby
have
raised
new
doubts
in
mens
minds
and
in
this
present
juncture
of
affairs
their
Arguments
are
made
great
use
of
,
to
afright
people
from
yielding
any
compliance
to
the
King's
desire
.
Some
Canons
against
Alienation
of
Church-Revenues
.
To
enforce
this
,
you
not
only
press
me
with
the
Decretal
of
[
](B25323-e11240-b)(c)
(c)
12.
q.
2.
Non
lic●at
Papae
.
Pope
Symmachus
,
inserted
in
the
foresaid
Letter
,
but
urge
the
Decretal
Epistle
of
[
](B25323-e11280-b)(d)
(d)
Binnii
Concil.
Tom.
1.
fol.
156.
c.
2.
D.
Omnes
tales
praesumptores
,
&
Ecclesiae
raptoresatque
suarum
facultatum
Alienatores
,
a
liminibus
sanctae
matris
Ecclesiae
Anathematizatos
Apostolica
Authoritate
pellimus
&
denunciamus
atque
Sacrilegos
esse
judicamus
,
&
non
solum
eos
sed
omnes
consentientes
eis
.
Pope
Lucius
,
who
lived
about
the
year
253
;
where
the
Pope
speaking
of
those
who
vexed
the
Bishops
of
France
and
Spain
,
about
the
Possessions
of
their
Churches
,
and
the
Offerings
of
the
Faithful
,
saith
,
That
according
to
the
Examples
of
the
Prophets
and
Apostles
and
their
Successors
,
and
all
the
Catholic
Fathers
,
this
was
adjudged
Sacrilege
.
Therefore
the
Pope
,
following
the
said
Examples
,
expels
all
Foretakers
,
Robbers
of
the
Church
,
and
Alienators
of
their
Profits
,
from
the
Threshold
of
the
Holy
Mother
Church
by
Apostolic
authority
,
excommunicates
them
,
Condemns
them
,
and
judgeth
them
Sacrilegious
;
and
not
only
those
who
depriv'd
the
Bishops
and
their
Churches
of
the
offerings
,
but
all
such
as
consented
to
them
.
So
in
the
2d
[
](B25323-e11390-b)(e)
(e)
Qua
Divinis
sunt
Assignata
usibus
,
ad
humanos
usus
sine
Sacrilegio
,
non
posse
transferri
,
Idem
f.
83.
Epistle
of
Pope
Pius
I.
An.
155.
it
is
expressed
,
That
those
things
which
are
assign'd
to
Pious
Vses
,
cannot
be
transferr'd
to
Human
Vses
,
without
Sacrilege
.
—
And
so
he
orders
such
to
be
esteemed
and
judged
.
In
the
Council
of
[
](B25323-e11460-b)(f)
(f)
Concilium
Agathense
.
Id.
to
.
3.
fol.
712.
Col.
1.
c.
●
.
Agatha
,
in
the
time
of
P.
Symmachus
about
Anno
506
,
cap.
1.
n.
7.
it
is
thus
decreed
,
Casellas
vel
mancipiola
Ecclesiae
(
sicut
prisca
Canonum
praecipit
Authoritas
)
vel
vasa
ministerii
,
quasi
commendata
fideli
praeposito
,
in
Integro
Ecclesiae
Jure
possideant
:
Ideoque
ut
neque
vendere
,
neque
per
quoscunque
contractus
,
res
unde
pauperes
vivunt
,
alienare
praesument
.
Which
is
to
be
rendred
thus
:
That
the
Churches
in
full
right
possess
the
Houses
and
Farms
,
and
the
Vessels
of
Vse
in
the
Holy
Offices
,
as
commended
to
a
faithful
Steward
,
(
as
the
ancient
Authority
of
the
Canons
command
)
so
as
none
presume
to
sell
,
or
by
any
contracts
alienate
those
things
on
which
the
poor
live
.
So
in
the
[
](B25323-e11600-b)(g)
(g)
Indigne
enim
ad
Altare
Dei
properare
permittitur
quires
Ecclesiasticas
audet
invadere
,
&c.
sixth
Synod
under
the
same
Pope
,
in
the
time
of
Theodoric
the
King
,
it
is
thus
expressed
:
He
is
unworthily
permitted
to
approach
the
Altar
of
God
,
that
dare
invade
Ecclesiastic
Goods
,
or
unjustly
,
that
is
,
without
the
Bishop's
License
,
possess
them
,
or
wickedly
or
unjustly
persist
in
the
defence
of
such
possession
.
And
further
it
is
declared
,
That
such
are
to
be
judged
Murderers
of
the
Poor
,
and
if
they
amend
not
the
fault
,
are
to
be
Excommunicated
.
In
the
third
Council
of
[
](B25323-e11650-b)(h)
(h)
Haec
Synodus
nulli
Episcoporum
licentiam
tribuit
,
res
alienare
Ecclesiae
,
quoniam
&
Antiquioribus
Canonibus
prohibetur
.
Idem
Tom.
4.
fol.
503.
Toledo
it
is
decreed
,
That
no
Bishop
have
Power
or
License
to
alienate
the
Goods
of
the
Church
,
because
by
ancient
Canons
it
is
forbid
.
So
in
the
Decretals
,
12.
q.
2.
Pope
Stephen
I.
or
,
as
the
lesser
Gloss
,
Pope
Anaclet
I.
decrees
,
That
he
shall
be
reputed
a
Manslayer
that
takes
away
,
defrauds
,
or
robs
the
Moneys
,
i.e.
any
Profits
of
Christ
and
the
Church
;
for
which
Ivo
may
be
consulted
,
p.
3.
c.
18.
You
further
urge
the
seventh
Synod
[
](B25323-e11810-b)(i)
(i)
Si
quis
Episcopus
,
vel
Monasterii
Praefectus
inventus
fuerit
,
ex
Episcopatus
,
vel
Monasterii
Agris
,
in
Principis
alicujus
manus
alienare
,
vel
alteri
personae
tradere
,
nullius
sit
momenti
Traditio
.
Idem
Tom.
6.
fol.
124.
of
Nice
,
under
Constantine
and
Irene
,
wherein
it
is
thus
decreed
;
That
if
any
Bishop
or
Superiour
of
a
Monastery
be
found
to
alienate
into
the
hands
of
any
Prince
,
or
deliver
to
another
person
,
th●
Lands
of
the
Bishopric
or
Monastery
,
such
Alienation
shall
be
of
no
force
.
You
refer
me
also
to
the
Council
of
Milden
[
](B25323-e11910-b)(k)
(k)
Idem
Tom.
6.
fol.
410
C.
D.
under
●ope
Sergius
II.
wherein
the
Decree
is
in
these
words
:
Quapropter
secundum
Statuta
Canonum
,
ab
omni
Ecclesiastica
Communione
,
ut
Sacrilegus
,
debet
Arceri
;
si
quis
quod
Venerabilibus
locis
relinquitur
,
vel
pravae
voluntatis
studiis
,
suis
tentaverit
compendiis
retinere
.
Which
I
translate
thus
;
Wh●refore
,
according
to
the
Statute
of
the
Canons
,
if
any
,
by
the
study
of
a
depra●ed
will
,
attempt
to
restrain
that
to
his
own
use
,
which
is
bestowed
on
Venerable
places
,
viz.
Churches
,
Monasteries
,
&c.
he
ought
to
be
driven
from
Ecclesiastical
Communion
,
as
a
Sacrilegious
person
.
The
last
thing
you
urge
,
is
,
That
I
will
peruse
the
Collection
of
the
Decrees
of
Councils
,
[
](B25323-e12000-b)(l)
(l)
12.
q.
2
pertotum
and
Epistles
of
the
Popes
,
against
Alienations
of
Lands
or
Goods
,
once
given
to
the
Church
,
in
the
Canon-Law
.
I
know
you
expect
a
very
positive
Answer
to
these
Canons
,
which
you
think
bind
all
that
are
or
shall
be
in
Communion
of
the
Church
of
Rome
;
and
,
with
the
Author
of
the
Letter
to
[
](B25323-e12050-b)(m)
(m)
p.
11.
Dr.
Burnet
,
are
ready
to
say
,
That
a
man
may
as
well
be
a
Papist
and
not
believe
Transubstantiation
,
nor
worship
the
Host
;
as
be
one
,
and
still
enjoy
Church-Lands
;
and
that
no
Confessor
that
understands
the
Principles
of
his
own
Religion
,
can
give
Absolution
to
such
as
are
involved
in
that
Guilt
,
without
Restitution
.
This
is
the
sum
of
the
Charge
;
and
I
shall
own
,
that
it
is
Incumbent
upon
the
Governors
of
the
Church
to
secure
;
by
Canons
and
Constitutions
,
the
rights
of
it
,
both
as
to
Jurisdiction
and
Patrimony
.
The
like
we
find
enacted
in
our
own
Kingdom
,
since
the
Reformation
[
](B25323-e12100-b)(n)
(n)
Parsons
Law
,
p.
26.
1
and
13
Eliz.
and
1
and
3
Jac.
1.
Whereby
Bishops
and
all
other
Ecclesiastical
persons
are
restrained
to
Alien
or
discontinue
any
of
their
Ecclesiastical
Lands
or
Livings
,
and
if
they
convey
or
Alien
any
of
their
Lands
or
Possessions
,
altho'
it
be
to
the
[
](B25323-e12140-b)(o)
(o)
Cokes
Reports
Magdalin
Col.
case
.
Kings
Majesty
himself
,
is
void
in
Law.
All
that
I
shall
therefore
endeavor
to
clear
,
is
,
that
in
some
cases
,
even
by
other
Canons
,
the
dispensation
with
the
Rigor
of
those
you
mention
,
are
allow'd
,
and
that
several
Popes
by
the
plenitude
of
their
Power
have
dispensed
with
them
.
I
had
Collected
out
of
Mr.
Selden
,
and
others
,
a
large
account
;
how
in
the
Primitive
times
,
according
to
the
Authority
of
[
](B25323-e12200-b)(p)
(p)
Apolo
.
cap.
39.
and
42.
Tertullian
and
St.
[
](B25323-e12230-b)(q)
(q)
Ep.
266.
you
may
see
for
these
Syn.
Gang.
Can.
66.
Selden
Hist.
83
,
84.
Cyprian
,
who
lived
about
An.
200
and
250
after
our
Saviour
,
that
the
maintenance
of
the
Clergy
was
then
by
Monthly
or
frequenter
Offerings
,
and
the
last
Father
compares
them
to
the
Roman
Sportula
.
[
](B25323-e12290-b)(r)
(r)
Gelasii
Dec.
c.
27.
Ivo
Decre
.
part.
3.
c.
115.
Also
,
I
had
noted
when
Tithes
began
to
be
first
Introduced
,
how
the
Founders
of
Churches
Arbitrarily
divided
the
portions
of
Tithes
,
betwixt
the
Incumbents
and
themselves
.
And
lastly
,
the
disputes
whether
Tithes
could
be
appropriated
to
Monasteries
:
But
considering
how
this
would
have
swell'd
this
Discourse
,
I
have
wholly
laid
them
by
.
SECT.
II.
What
kind
of
Alienations
have
been
allowed
by
the
Canons
and
Constitutions
of
the
Church
.
Concerning
the
Decree
of
Pope
Symmachus
.
I
Shall
therefore
in
the
first
place
shew
you
,
in
what
cases
Alienations
of
Church
Lands
are
allowed
,
even
by
the
Canons
:
And
first
,
I
shall
note
something
concerning
the
Decree
of
Pope
Symmachus
,
which
the
Author
of
the
Letter
to
Dr.
Burnet
principally
insists
upon
.
A
Synod
was
held
at
Rome
under
this
Pope
,
and
called
[
](B25323-e12420-b)(a)
(a)
Binnius
Tom.
3.
Fol.
693.
and
694.
Palmaris
,
because
celebrated
in
the
Porch
of
the
Church
of
St.
Peter
,
called
Palmaria
.
In
this
Synod
,
at
the
request
of
the
Council
,
Symmachus
caused
to
be
Read
by
Hormisda
the
Deacon
,
the
Constitution
of
Odoacer
King
of
the
Heruli
,
Published
by
Basilius
his
Praefectus
Praetoriae
.
Wherein
,
under
the
Pain
of
Excommunication
,
he
had
forbid
any
to
alienate
the
Goods
of
the
Church
.
This
was
exploded
by
the
Synod
,
because
it
was
a
Law
of
a
Lay-person
,
concerning
Church-affairs
;
especially
,
because
no
Lay-men
could
appoint
the
Penalty
of
Excommunication
.
So
Symmachus
produceth
his
own
Constitution
,
as
it
is
in
the
Decretal
,
only
the
last
clause
(
b
)
is
very
different
in
Binnius
from
what
is
in
the
Decretal
:
[
](B25323-e12570-b)(a)
(a)
Hujus
autem
constitutionis
legem
in
Apostoli
.
â
tantum
volumus
sede
servari
.
In
universis
Ecclesiis
per
Provincias
,
secundum
Animarum
consid●rationem
,
quam
proposito
Religionis
Convenire
,
Rectores
eorum
viderint
,
more
servato
.
Ibid.
For
in
the
Council
it
is
thus
,
That
we
will
the
Law
of
this
Constitution
only
to
be
observed
in
the
Apostolic
See
,
in
all
the
Churches
of
the
Provinces
,
according
to
the
consideration
of
Souls
,
the
use
and
custom
being
observed
,
which
the
Rectors
should
see
to
be
agreable
to
the
purport
of
Religion
.
But
in
the
Decretal
it
is
thus
,
[
](B25323-e12600-b)(c)
(c)
Quod
non
modo
in
Apostolica
servandum
est
Ecclesiâ
verumetiam
universis
Ecclesiis
per
Provincias
quidem
dicitur
convenire
12.
q.
2.
non
liceat
Papae
.
This
Canon
is
not
only
to
be
observed
in
the
Apostolic
Church
,
but
is
said
to
be
convenient
to
be
observed
in
all
the
Churches
through
the
respective
Provinces
.
By
all
which
it
appears
,
that
it
was
the
Pope's
peculiar
Constitution
,
made
before
,
and
approv'd
of
by
the
Synod
;
and
extended
only
to
the
Suburbican
Diocess
of
Rome
,
and
was
not
universally
obliging
:
which
as
well
as
other
Reasons
might
induce
[
](B25323-e12650-b)(d)
(d)
Simons
History
of
Ecclesiastical
Revenues
.
a
late
Learned
Author
to
assert
,
that
there
was
a
time
,
when
the
Pope
entred
not
into
the
cognizance
of
the
Goods
of
the
Churches
,
which
depended
not
on
his
Diocess
.
I
shall
now
shew
you
some
cases
wherein
Alienations
are
allowed
,
even
by
the
Canons
,
so
that
you
may
confront
these
to
the
Canons
produced
by
you
.
In
the
16th
.
Canon
of
the
8th
.
Council
,
in
the
time
of
Hadrian
[
](B25323-e12690-b)(e)
(e)
12.
q.
2.
Ap●stolicos
&
paternos
Canones
.
the
second
Pope
,
it
is
declared
,
that
the
Holy
Vessels
may
be
Alienated
for
the
Redemption
of
Captives
,
the
like
St.
Gregory
[
](B25323-e12730-b)(f)
(f)
Lib.
6.
Ep.
15.
seu
.
cap.
199.
declares
to
Demetrius
and
Valerianus
,
Clerks
of
the
Church
of
Firman
concerning
10
l.
given
by
Fabius
the
Bishop
,
of
Mony
belonging
to
the
Church
,
for
the
Redemption
of
them
and
their
Father
Passivus
the
Bishop
,
Alienations
for
Redemption
of
Captives
.
which
they
were
affraid
might
be
required
to
be
repayed
,
and
St.
Gregory
acquits
them
of
it
:
You
may
say
these
Instances
are
only
of
Charities
;
Therefore
I
shall
now
shew
,
that
in
all
cases
Alienations
,
(
according
to
the
[
](B25323-e12850-b)(g)
(g)
12.
q.
2.
Alienatiores
●●●niu●i
.
Canon
Law
)
appear
to
be
valid
,
where
the
consent
of
the
Clerks
of
the
Church
,
to
the
Grant
of
the
Bishop
is
obtained
.
Otherwise
Pope
Vrban
had
not
Decreed
,
that
Alienations
of
all
,
by
Intrusions
,
or
of
those
Canonically
Elected
by
the
Name
of
Bishop
or
Abbot
,
Alienations
are
valid
,
where
the
Bishop
and
Chapter
or
Abbot
and
Convent
joyns
.
(
who
ought
to
be
Consecrated
according
to
the
Vse
of
his
Church
)
to
be
void
,
if
made
without
the
Common
consent
of
the
Clerks
of
the
Church
.
By
which
it
is
manifest
,
that
there
had
been
no
need
of
that
exception
,
if
such
Alienation
,
with
the
consent
of
the
said
Clergy
,
had
not
been
valid
in
Law.
Which
is
more
clear
in
the
third
Council
[
](B25323-e12940-b)(h)
(h)
12.
q.
2.
Abbatibus
&
Presbyteris
.
of
Orleans
C.
23.
where
the
Canon
expresseth
,
that
it
shall
not
be
lawful
,
to
Abbots
,
Presbyters
,
or
other
Ministers
,
to
Alienate
Ecclesiastical
Goods
,
or
things
in
Holy
Ministry
,
nor
Pawn
them
,
without
the
Permission
and
Subscription
of
the
Bishop
,
&c.
So
that
it
is
evident
that
the
Bishop
,
or
Abbot
with
his
Clerks
,
or
Convents
,
may
by
Authority
of
their
Constitutions
Alienate
both
Church-Lands
and
Sacred
Vessels
.
It
further
appears
,
that
upon
necessity
,
either
the
Bishop
or
his
Clergy
may
Alienate
the
Lands
,
&c.
of
the
Church
:
For
in
the
Council
of
Carthage
[
](B25323-e13020-b)(i)
(i)
12.
q
2.
placuit
ut
Presbyteri
.
c.
5.
c.
ult
.
I
find
it
Decreed
,
that
the
Presbyters
shall
Sell
nothing
belonging
to
the
Church
,
the
Bishop
not
being
privy
to
it
;
Alienations
upon
necessity
.
nor
the
Bishops
,
not
consulting
the
Council
,
viz.
their
Canons
,
or
all
the
Presbytery
without
necessity
.
So
that
it
seems
there
may
be
some
necessity
,
which
may
be
thought
sufficient
to
Legitimate
an
Injust
or
uncanonical
Alienation
;
and
I
hope
to
make
it
appear
,
that
there
could
happen
no
greater
necessity
at
any
time
,
than
that
which
occasioned
Pope
Julius
the
3d.
to
grant
the
Power
to
Cardinal
Pool
,
for
Assuring
the
Abby-Lands
to
the
Possessors
,
how
unjustly
soever
they
had
obtained
them
.
Having
thus
cleared
,
Application
.
that
by
the
Canons
there
may
be
Alienations
of
Church
Revenues
,
notwithstanding
the
positive
Canons
to
the
contrary
,
I
shall
only
add
,
that
the
Pope
,
ex
plenitudine
Potestatis
,
hath
Power
to
dispense
with
Canons
,
Decrees
,
&c.
I
shall
therefore
close
this
Section
with
what
I
find
cited
by
a
Learned
[
](B25323-e13180-b)(k)
(k)
Bail.
summa
.
conciliorum
Apparatus
.
q.
58.
Author
out
of
St.
Thomas
Aquinas
.
The
Question
propounded
is
,
Whether
the
Pope
may
change
the
Statutes
of
the
Holy
Fathers
in
General
Councils
,
or
dispense
with
them
?
In
Answer
to
this
[
](B25323-e13250-b)(l)
(l)
Tract
.
contra
impugnatores
Religionis
25.
in
cap.
co●tra
q.
1.
contra
statuta
patrum
condere
aliquid
aut
mutare
Authoritas
quidem
h●jus
sedis
non
potest
.
St.
Thomas
holds
the
Affirmative
:
And
whereas
that
of
Zozimus
the
Pope
is
urged
;
which
expresly
determins
,
that
the
Authority
of
the
Roman
See
cannot
change
Statutes
of
the
Fathers
,
or
Establish
any
thing
contrary
to
them
.
He
replies
to
it
,
that
in
those
things
which
the
Statutes
of
the
Fathers
have
Decreed
to
be
of
Divine
Right
,
it
is
true
.
But
those
things
which
the
Holy
Fathers
have
determined
of
positive
right
,
those
are
left
under
the
disposition
of
the
Pope
,
that
he
may
change
them
,
or
dispense
with
them
according
to
the
opportunities
of
times
or
Countries
;
and
that
the
words
of
the
Decrees
may
be
altered
,
[
](B25323-e13320-b)(m)
(m)
Servata
intentione
statuentium
,
quae
est
utilitas
Ecclesiae
,
sicut
in
omni
jur●
positivo
accidi●
,
&c.
and
yet
the
Intention
of
the
Decrees
be
observed
(
which
is
the
profit
of
the
Church
)
as
it
happens
in
all
positive
Laws
,
where
subsequent
Statutes
derogate
from
the
former
.
I
might
clog
you
with
Authorities
to
prove
this
,
but
matter
of
Fact
will
clear
it
better
,
to
which
I
pass
.
SECT.
III.
Several
Instances
of
Alienations
of
Ecclesiastical
Revenues
from
the
Churches
,
or
Religious
Houses
,
they
were
at
their
first
Dedication
conferred
on
,
in
Ancienter
times
.
The
History
of
Charles
Martel
.
THE
generality
of
late
Historians
,
who
have
occasion
to
speak
of
Charles
Martel
,
accuse
him
as
one
of
the
first
that
committed
manifest
Sacrilege
;
therefore
I
think
my self
obliged
to
refresh
your
memory
with
the
most
material
passages
of
his
Life
relating
to
these
matters
.
In
Paulus
Aemylius
[
](B25323-e13440-b)(a)
(a)
De
Rebus
Gesi
is
Francorum
fol.
55.
ad
67.
you
may
find
an
account
of
his
Noble
Descent
from
Ausbert
a
Duke
,
and
Blitilda
Daughter
of
Clothair
the
second
King
of
France
,
whose
Great
Grandson
Ansigas
the
Duke
,
who
Married
Begga
,
the
only
Heiress
of
a
Rich
Nobleman
,
who
possessed
the
greatest
part
of
Austria
,
and
was
Father
of
this
Charles
Martel
,
afterwards
created
Prince
of
France
.
He
grew
Famous
in
the
conduct
of
Armies
under
Dagobert
,
Chilperick
and
Theodorick
the
second
,
Kings
of
France
.
Under
the
last
of
which
the
Sarazens
(
who
had
been
called
out
of
Africk
by
Julian
the
Earl
of
the
Vice
-
Goths
,
to
revenge
the
Fact
of
King
Roderick
in
abusing
his
Wife
)
about
the
Year
730
,
under
Abderama
their
King
,
passed
into
Aquitain
,
and
every
where
spoyled
the
Religious
Houses
;
and
out
of
hatred
to
the
Christian
Religion
destroyed
the
Churches
in
Gascoign
,
Angolism
,
Sauton
,
and
Poictou
,
Countries
most
Rich
and
plentiful
,
and
where
by
the
Devotion
of
the
Inhabitants
the
Churches
were
adorned
and
enriched
with
much
Gold.
These
Sarazens
were
400000
strong
,
and
Charles
Martel
encamping
beyond
the
River
Loyr
,
near
Turone
,
Fought
them
,
and
Slew
of
them
375000
,
losing
but
1500
of
his
own
Men.
He
Fought
another
Battle
,
with
prosperous
success
against
them
,
under
the
Conduct
of
Athinus
their
King.
He
was
relyed
upon
for
his
assistance
to
the
Apostolick
See
,
as
appears
by
several
[
](B25323-e13750-b)(b)
(b)
Binnius
Tom.
3
fol.
467.
Lachrymae
die
nocleque
ab
oculis
nostris
non
dificiunt
.
Ep.
7.
Epistles
writ
to
him
by
Pope
Gregory
the
third
,
when
he
was
in
danger
to
be
oppressed
by
Luitprandus
and
Hilprand
Kings
of
Lombardy
,
wherein
he
calls
him
Subregulus
,
and
at
large
recites
what
Tribulation
,
Danger
,
and
consternation
he
was
in
;
So
that
Tears
flowed
from
his
Eyes
,
night
and
Day
,
and
applies
himself
to
this
Charles
Martel
as
to
a
refuge
in
time
of
his
great
distress
.
In
another
Epistle
[
](B25323-e13880-b)(c)
(c)
Vt
cognoscant
omnes
gentes
tuam
fidem
&
puritatem
atque
amorem
quem
babes
erga
principem
Apostolorum
sanctum
Petrum
,
&
nos
,
ejusque
peculiarem
populum
,
zelando
&
defendendo
;
ex
hoc
enim
poteris
immortalem
&
aeternam
vitam
acquirere
.
Id.
Ep.
6.
the
same
Pope
tells
him
,
that
he
might
expect
a
reward
,
before
the
Omnipotent
God
in
the
life
to
come
with
the
Prince
of
the
Apostles
,
as
he
disposed
himself
for
the
defence
of
the
Church
of
God
,
and
the
Pope
;
and
speedily
engaged
in
it
:
So
that
all
Nations
might
know
his
Faith
,
purity
and
Love
,
which
he
bore
to
St.
Peter
the
Prince
of
the
Apostles
,
and
the
Pope
and
the
peculiar
People
by
his
Zeal
in
defence
of
them
;
for
by
this
he
might
obtain
Immortal
and
Eternal
life
.
In
another
[
](B25323-e13930-b)(d)
(d)
Ibid.
fol.
466.
Ep.
5.
Epistle
,
the
same
Pope
writes
to
Boniface
Bishop
of
Mentz
,
that
God
by
the
endeavor
of
the
said
Bishop
,
and
of
Charles
the
Prince
of
the
Franks
,
had
been
pleased
to
gather
from
the
Power
of
the
Pagans
,
100000
Souls
into
the
Bosom
of
the
Church
.
Yet
for
all
this
the
same
Boniface
,
as
[
](B25323-e14030-b)(e)
(e)
Monasteriorum
multorum
eversor
&
Ecclesiasticarum
pecuniarum
in
usus
proprios
commutator
.
Epist.
ad
Ethelbaldum
Merciorum
Rege●●
.
Malmsbury
Records
it
,
saith
,
that
he
was
the
overthrower
of
many
Monasteries
,
and
a
converter
of
Ecclesiastical
Mony
to
his
own
use
.
And
Paulus
Aemylius
[
](B25323-e14090-b)(f)
(f)
Paulus
Aemylius
vitâ
Chilperici
3.
p.
67.
&c.
saith
,
that
the
chief
personages
praised
Martel
as
one
that
transcended
the
Glory
of
all
Captains
,
and
Emperors
;
but
on
the
other
side
the
Holy
Men
said
,
that
tho'
the
splendor
of
his
life
was
so
great
in
the
Eyes
of
the
Vulgar
,
yet
he
was
not
so
to
be
esteemed
.
For
that
he
gave
the
Holy
Right
of
Tithes
to
Military
Men
,
and
permitted
his
Soldiers
to
Plunder
,
and
sweep
away
things
profane
,
and
Sacred
,
more
than
the
Vice-Goths
did
;
and
that
the
Sees
of
Lyons
and
Vienna
,
for
several
years
,
were
deprived
of
their
Bishops
;
the
one
dying
by
Military
injuries
,
had
no
Successor
,
and
the
other
was
compelled
to
retire
into
a
Monastery
,
and
that
to
supply
the
necessities
in
the
Wars
with
the
Barbarous
,
he
used
the
Gold
of
the
Temples
,
and
promised
when
Peace
was
restored
,
he
would
repay
it
manifold
.
But
after
he
had
obtained
the
richest
and
gloriousest
Victories
,
he
changed
his
promise
and
afflicted
Holy
Men
,
being
mindful
of
old
offences
,
that
he
expelled
Eucherius
Bishop
of
Orleance
,
and
Robert
Bishop
of
Rhemes
,
because
he
said
they
took
part
with
Ramenfride
his
Enemy
.
In
an
Ancient
Chronicle
[
](B25323-e14230-b)(g)
(g)
Le
Rozier
Historial
de
France
.
of
France
it
is
said
,
that
by
the
Counsel
of
the
Bishops
,
the
Tithes
of
the
Churches
were
given
him
to
pay
his
Troops
.
Dupleix
,
saith
he
,
banished
several
Bishops
from
their
Sees
,
and
put
Lay-men
in
them
;
the
like
is
repeated
by
Nicholas
Giles
,
and
enlarged
by
[
](B25323-e14310-b)(h)
(h)
Per
le
conseil
des
Princes
,
donna
&
bailla
aucunes
des
dismes
,
que
tenoyent
les
●glise
a
ses
Gens
d'
Armes
.
Belle
forest
,
who
saith
,
that
by
the
Council
of
the
Princes
,
he
gave
certain
Tithes
which
the
Churches
had
,
to
his
Men
at
Arms.
With
these
concurs
du
Tillet
,
and
du
Haillan
.
Dupleix
[
](B25323-e14360-b)(i)
(i)
Il
recompensa
la
Nobless
de
partir
des
dismes
du
Clergis
,
&c.
saith
,
that
he
recompensed
his
Nobility
with
part
of
the
Tithes
of
the
Clergy
,
with
a
promise
of
Restitution
,
but
in
this
he
saith
the
ingratitude
of
the
Clergy
[
that
condemn
this
]
is
more
to
be
blamed
than
the
enterprize
of
Charles
;
for
was
it
not
good
reason
,
saith
he
,
that
those
,
who
,
besides
their
cost
and
charge
had
so
generously
hazarded
their
Lives
for
the
defence
of
the
Church
,
should
be
rewarded
with
some
small
portion
of
the
Revenue
thereof
?
Sr.
Thomas
Ridley
[
](B25323-e14430-b)(k)
(k)
View
of
Civil
and
Ecclesiastical
Laws
1.
c.
3.
§.
2.
hath
a
long
Discourse
on
this
Subject
,
charging
all
the
violations
done
to
the
Church
,
to
have
risen
from
his
Practice
;
and
that
from
France
the
president
was
imitated
by
others
,
so
that
the
example
thereof
passed
the
Alps
into
Italy
,
and
mounted
above
the
Pyrenean
Hills
into
Spain
,
and
within
a
short
time
Sailed
over
into
England
,
in
such
sort
,
that
even
to
this
day
sundry
Monuments
of
it
appear
,
where
any
Title
of
Immunity
for
payment
of
Tithes
is
challenged
in
any
place
,
reaching
beyond
the
Lateran
Council
;
and
tells
out
of
the
Legend
[
](B25323-e14520-b)(l)
(l)
Apud
Servinum
Tom.
1.
fol.
10.
of
Eucherius
or
some
[
](B25323-e14550-b)(m)
(m)
Gratian
,
c.
16.
q.
1.
Authors
else
,
what
you
may
find
there
;
and
in
Paulus
Aemylus
,
That
Eucherius
[
](B25323-e14600-b)(n)
(n)
Sepulcrum
inane
&
nullis
humani
corporis
vestigiis
reliquiisque
apparuisse
dicitur
.
Intus
vastitas
,
borror
diraque
species
ac
velut
incendio
atrum
.
ld
.
Aemyl
.
vita
Chilperic
.
Bishop
of
Orleance
,
being
warned
in
a
Vision
,
took
Fulrade
Bishop
of
St.
Dennis
to
Martels
Tomb
,
where
he
had
but
lately
been
Buried
,
and
how
they
found
only
a
Serpent
in
the
Grave
,
otherwise
empty
,
and
no
Foot-steps
or
marks
of
an
human
Body
there
,
but
all
within
black
as
if
it
had
been
burnt
.
I
know
this
Legend
is
questioned
by
Baronius
;
and
Mr.
Selden
saith
Eucherius
was
Dead
before
Charles
Martel
,
and
will
no
ways
allow
Tithes
to
be
then
so
setled
.
But
I
think
it
cannot
be
questioned
what
a
Learned
[
](B25323-e14720-b)(o)
(o)
Father
Simons
History
of
the
Original
and
progress
of
Ecclesiastical
Revenues
,
p.
40.41
.
Priest
and
Antiquary
observes
,
that
when
Barbarous
Kings
became
Masters
of
a
part
of
the
Roman
Empire
,
the
great
want
that
Princes
were
engaged
in
,
was
the
cause
that
so
great
parts
of
the
Revenues
of
the
Church
fell
into
the
hands
of
Lay-men
,
and
that
they
made
contracts
of
Alienation
about
them
,
as
about
other
possessions
,
and
those
contracts
past
for
lawful
when
they
were
made
in
the
usual
Form.
I
had
composed
a
large
Collection
of
the
Infeodations
of
Church-lands
,
Infeodations
.
whereby
for
small
Rents
and
Services
,
great
portions
of
such
Lands
were
given
in
Fee
from
Bishops
,
Abbots
and
Priors
,
to
Knights
or
other
Secular
persons
to
answer
the
Services
due
to
the
Prince
from
the
Bishops
,
&c.
but
you
may
find
them
in
Mr.
Seldens
History
of
Tithes
.
Sect.
113.117
.
and
other
places
.
By
custom
also
Lay-men
held
Tithes
,
Customs
.
and
other
Religious
Lands
,
paying
either
no
Tithe
to
Parochial
Churches
,
or
very
little
,
for
which
you
may
consult
the
same
Mr.
Selden
,
pa.
181.186
,
187.
There
were
also
Arbitrary
Consecrations
,
Arbitrary
Consecrations
.
Tit.
de
locat
.
&
conduct
.
clericis
verbo
portione
.
Modus
.
whereby
the
Patron
gave
sometimes
a
third
,
half
,
or
two
thirds
to
the
Church
;
reserving
the
rest
to
himself
and
his
Heirs
,
for
which
you
may
peruse
Linwood
.
Also
Modus
of
Tithes
was
another
Infringement
of
the
Canons
,
for
which
see
Mr.
Selden
,
pa.
288.
Exemptions
likewise
were
in
use
,
Exemptions
.
granted
to
certain
Religious
,
which
was
contrary
to
the
Ancient
Canons
of
paying
Tithes
to
the
Baptismal
Church
,
and
was
restrained
by
Pope
Hadrian
the
4th
.
to
the
Cistertians
,
Templars
,
and
Hospitalers
,
Compositions
.
or
by
compositions
the
Church-Revenues
were
Decreed
.
For
which
you
may
consult
Mr.
Selden
p.
408.
I
purposely
pass
these
by
,
tho'
they
be
so
many
several
instances
,
that
the
Canons
did
not
universally
bind
against
all
Alienations
,
lest
I
should
swell
this
Treatise
too
big
.
SECT.
IV.
Several
Instances
of
particular
Alienations
of
Church-lands
more
Modern
in
England
.
I
Shall
now
descend
to
latter
evidence
of
Alienations
of
Church-lands
,
transferring
their
Revenues
to
the
endowment
of
Colleges
,
or
other
Charitable
Uses
,
or
encreasing
the
Exchequer
of
Princes
,
and
suppressions
of
Orders
,
even
by
the
Bulls
of
Popes
long
before
the
Reformation
.
Pope
Clement
the
[
](B25323-e15020-b)(a)
(a)
Ex
Archivis
Scaccarii
Ex
Autograph
.
The
suppression
of
the
Knights
Templars
.
5th
.
by
his
Bull
dated
at
Poictou
the
10th
.
of
the
Kalends
of
December
3o.
Pontificatus
,
Anno.
1307.
Ordered
the
seizing
of
the
Knights
Templars
here
,
in
one
night
,
according
to
the
example
of
the
French
King
,
and
gave
the
Custody
of
their
Lands
and
Goods
to
King
Edward
2d
.
till
further
order
from
the
Apostolic
See.
In
this
Bull
the
King
is
required
,
[
](B25323-e15090-b)(b)
(b)
Sic
prudenter
sic
caute
sic
secretariorum
tuorum
consilio
studeas
ordinare
quod
omnes
&
singulos
Templarios
Regni
tui
&
eorum
bona
mobilia
&
immobilia
—
capi
facias
vno
die
—
personas
eorum
in
locis
tutis
sub
fida
custodia
detin●re
.
with
the
Council
of
his
wise
Secretaries
,
so
prudently
,
so
cautiously
,
and
so
secretly
by
good
Men
,
of
whom
there
may
be
no
suspicion
of
imbezling
their
Goods
,
in
one
day
,
to
cause
to
be
seized
all
and
singular
the
Templars
in
his
Kingdom
,
and
all
their
Goods
movable
and
immoveable
,
and
to
keep
their
Persons
in
safe
places
,
in
Faithful
Custody
,
and
commit
the
custody
of
their
Goods
,
Movable
and
Immovable
to
certain
good
persons
,
of
whom
it
is
not
likely
,
that
in
this
or
the
like
matters
they
will
use
any
deceit
,
and
all
this
to
be
done
till
it
be
otherwise
ordered
by
the
Pope
,
&c.
This
[
](B25323-e15120-b)(c)
(c)
Concil
Viennense
.
General
Council
of
Vienna
,
was
Celebrated
Anno
Domini
,
1311.
Under
Pope
Clement
the
5th
.
In
the
Sentence
of
the
Pope
I
observe
these
expressions
,
[
](B25323-e15160-b)(d)
(d)
Ad
providentem
Christi
Vicarii
,
praesidentis
in
specula
Apostolicae
dignitatis
,
circumspe●ti●nem
pertinet
,
&c.
It
belongs
to
the
provident
circumspection
of
Christs
Vicar
,
presiding
in
the
Watch-Tower
of
Apostolic
Dignity
,
&c.
After
reciting
how
the
Order
of
the
Knights
Templars
had
been
Instituted
and
the
Crimes
of
the
present
Knights
,
he
saith
,
not
without
bitterness
of
Heart
and
griefs
,
the
Holy
Council
approving
it
;
not
by
way
of
definitive
Sentence
,
because
he
could
not
do
that
by
Law
according
to
Inquisitions
and
Process
,
but
by
way
of
Provision
or
Apostolical
Ordination
[
](B25323-e15200-b)(e)
(e)
Irreffragabili
&
perpetua
valitura
sancivimus
sanctione
.
with
a
Sanction
Irreffragable
and
perpetually
to
be
of
force
,
he
hath
Decreed
the
said
Order
to
be
prohibited
,
perpetually
suppressing
it
.
Strictly
forbidding
any
for
the
future
to
enter
into
the
said
Order
,
or
receive
the
Habit
,
or
to
repute
himself
a
Templar
.
And
by
Apostolic
Authority
hath
appointed
[
](B25323-e15230-b)(f)
(f)
Vniversa
etiam
bona
ordinu
praelibati
Apostolicae
sedis
Ordinationi
&
dispositioni
Authoritate
Apostolica
duximus
referenda
.
all
the
Goods
of
the
foresaid
Order
to
be
referred
to
the
Ordination
and
disposition
of
the
Apostolic
See.
Concerning
this
matter
[
](B25323-e15260-b)(g)
(g)
Chron.
His
.
Fargiensi
.
Trithemius
the
Abbot
Writes
thus
,
the
Order
of
Templars
which
had
stood
almost
182
Years
,
was
condemned
by
Pope
Clement
,
and
in
one
day
abolished
through
the
whole
World
at
the
Instance
of
Philip
King
of
France
,
by
whose
promotion
the
Pope
was
Elected
—
The
Templars
,
saith
he
,
were
very
Rich
,
whose
Possessions
that
the
King
might
acquire
to
himself
,
he
accused
them
of
Heresy
,
and
proscribed
them
to
be
totally
extinguished
as
many
thought
.
The
Templars
were
thus
suppressed
,
and
four
Years
after
,
the
same
Pope
[
](B25323-e15330-b)(h)
(h)
Autographis
in
Archivis
Scaccarii
.
The
Popes
Bull
to
confer
the
Templars
Lands
upon
the
Hospitalers
.
on
the
17th
.
of
the
Kalends
of
June
,
7
Pontificatus
,
directs
three
Bulls
,
one
to
the
King
,
another
to
the
Arch-bishops
,
Bishops
,
&c.
and
a
third
to
the
Nobility
,
Earls
and
Barons
of
England
,
the
purport
of
which
Bulls
was
,
that
having
had
consultation
whether
it
were
better
for
the
Professors
of
the
Orthodox
Faith
in
Hierusalem
,
and
for
the
relief
of
the
Holy-land
,
to
give
the
Goods
of
the
Templars
to
the
Order
of
the
Hospitalers
of
St.
John
of
Jerusalem
,
or
to
unite
them
to
an
Order
to
be
Created
anew
,
as
some
affirmed
it
to
be
more
profitable
;
the
business
was
debated
in
the
Council
at
Vienna
,
and
the
Pope
grants
them
to
the
Hospitalers
,
the
Holy
Council
approving
it
,
and
so
hath
thought
fit
to
grant
,
apply
and
unite
their
Goods
to
the
said
Hospitalers
,
excepting
,
till
further
order
;
those
within
the
Kingdoms
of
Castile
,
Arragon
,
Portugal
,
and
Majorca
,
being
without
the
Kingdom
of
France
.
So
the
Pope
intreats
and
perswades
them
to
deliver
to
the
Master
and
Brethren
,
or
Priors
,
and
Praeceptors
of
the
said
Hospitalers
,
and
their
Proctors
,
all
the
Goods
of
the
said
Templars
,
entirely
,
and
peaceably
,
[
](B25323-e15480-b)(i)
(i)
Sic
igitur
in
praemissis
vos
promptos
&
paratos
exhibeatis
quod
praeter
retributionis
aeterni
praemium
quod
inde
merebimini
vobis
laudis
humanae
cumulus
augeatur
.
and
that
they
would
in
the
premises
shew
themselves
ready
and
prompt
whereby
besides
the
praemium
of
Eternal
reward
,
which
they
should
thereby
Merit
,
an
Accumulation
of
human
praise
might
be
encreased
to
them
.
Having
thus
considered
what
the
Pope
did
about
the
Templars
,
I
shall
shew
you
what
the
Parliament
here
did
.
After
reciting
,
Statutum
de
terris
Templariorum
17
Ed.
2.
that
the
Military
Order
of
Templars
ceased
,
and
was
dissolved
,
&c.
Great
Conference
was
had
before
the
King
,
in
presence
of
the
Prelates
,
Earls
,
Barons
,
&c.
whether
the
King
and
Lords
of
the
Fees
,
or
others
,
which
held
those
Lands
which
were
the
Templars
,
might
retain
them
by
the
Law
of
the
Realm
,
and
with
safe
Conscience
.
Whereupon
the
greater
part
of
the
Kings
Council
,
as
well
the
Justices
,
as
other
Lay
persons
being
Assembled
together
;
the
said
Justices
affirmed
precisely
,
that
the
King
and
other
Lords
of
the
Fees
,
might
well
and
Lawfully
,
by
the
Laws
of
the
Realm
,
retain
the
foresaid
Lands
as
their
Escheats
,
in
regard
of
the
ceasing
and
dissolution
of
the
Order
aforesaid
.
But
because
the
Lands
,
&c.
were
given
to
the
Brethren
of
the
said
Order
,
for
the
defence
of
Christians
and
the
Holy
Land
against
Pagans
and
Saracens
,
and
other
Enemies
of
Christ
and
Christians
,
and
the
Vniversal
Holy
Church
,
and
Canonized
to
the
Augmentation
of
the
Honor
of
God
and
liberal
Alms-giving
—
It
is
agreed
,
ordained
,
and
established
for
Law
to
continue
for
ever
;
That
neither
the
King
,
nor
any
other
Lords
of
the
Fees
aforesaid
,
nor
any
other
person
,
hath
Title
or
Right
to
retain
the
said
Lands
,
&c.
Notwithstanding
any
Law
or
Custom
of
the
Realm
of
England
.
Wherefore
our
Lord
the
King
,
by
the
mutual
assent
of
the
Earls
,
Barons
and
Noblemen
aforesaid
,
of
his
Regal
Authority
,
in
the
same
Parliament
,
hath
assigned
and
determined
to
deliver
all
the
foresaid
Lands
,
&c.
To
the
Order
of
the
Brethren
of
the
Hospitalers
of
St.
John
of
Jerusalem
.
In
which
Act
we
may
note
,
that
it
was
the
Opinion
of
the
Justices
,
that
they
were
Escheated
to
the
Lords
of
the
Fee
,
and
that
they
were
only
Transferred
to
the
Hospitalers
,
on
account
that
they
might
perform
the
same
service
as
the
Templars
had
done
.
It
is
probable
you
will
ask
me
what
I
bring
this
relation
for
,
Objection
.
since
here
is
no
Alienation
of
Church
Revenues
,
but
only
a
suppressing
of
one
Order
for
the
great
Crimes
the
persons
were
found
guilty
of
,
as
is
recited
in
the
first
Bull
,
and
sequestring
their
Lands
and
Goods
for
some
years
,
and
then
entirely
giving
them
to
another
Order
then
in
being
.
But
if
you
consider
the
matter
aright
,
Answered
.
you
will
find
more
in
it
;
for
the
King
and
the
Nobility
,
having
got
the
Lands
and
Goods
thus
in
their
Possession
,
made
no
such
Restitution
as
you
think
of
.
For
[
](B25323-e15730-b)(k)
(k)
Dugdales
origines
Juridiciales
.
Tit.
Temple
.
Ed.
2.
gave
the
Inner
and
Midle
Temple
(
the
very
chief
House
of
their
Order
in
England
)
to
Thomas
Earl
of
Lancaster
who
forfeiting
it
shortly
after
,
it
was
granted
to
Adomar
de
Valence
,
Earl
of
Pembrook
,
and
after
to
Hugh
le
Despencer
for
life
,
The
Temple
given
to
Lay-Peers
.
which
Hugh
being
attainted
1
E.
3.
the
Right
thereof
devolved
to
the
Crown
,
and
then
the
King
restored
it
to
the
Hospitalers
.
Temple-ne-wsom
given
to
the
Lord
Darcy
.
I
might
instance
in
many
other
places
;
but
I
shall
only
do
it
in
one
,
viz.
Temple-newsom
,
in
Yorkshire
,
the
account
of
which
among
my
Collections
I
find
thus
.
[
](B25323-e15910-b)(l)
(l)
Esc
.
21.
E.
3.
n.
54.
Inquisition
being
taken
after
the
Death
of
John
Lord
Darcy
,
called
le
Pere
,
it
is
thus
Recorded
,
that
the
Manor
of
Temple-newsom
,
some
time
was
in
the
Possession
of
the
Templars
,
and
after
the
deposing
of
them
,
the
King
seized
it
into
his
hands
,
and
made
a
composition
with
the
Brethren
Hospitalers
and
gave
it
to
Mary
St.
Paul
,
Countess
of
Pembrook
,
for
Life
,
the
reversion
to
John
Darcy
and
his
Heirs
.
Besides
this
in
the
18
[
](B25323-e16040-b)(m)
(m)
Cart.
18.
E.
3.
M.
1.
of
E.
3.
this
John
Darcy
le
Pere
had
free
Warren
granted
him
in
Temple-newsom
and
Temple-Hyrst
,
Com.
Ebor.
and
Torksay
Com.
Lanc.
and
Ekington
Com.
Derby
and
Kirkly
Com.
Not.
all
which
,
unless
the
two
last
,
certainly
belonged
to
the
Knights
Templars
:
And
I
have
seen
sufficient
evidence
,
that
Temple-newsom
at
least
,
continued
possessed
by
the
Family
till
it
was
forfeited
by
the
Attainder
of
Thomas
Lord
Darcy
towards
the
later
end
of
H.
8ths
.
time
:
Surely
you
must
yield
,
that
Alienations
and
Compositions
for
Religious
Lands
,
have
been
reputed
valid
in
former
Ages
when
the
Canons
of
the
Church
and
the
Popes
Authority
were
no
ways
questioned
by
the
extruded
.
A
part
of
Lincolns-Inn
is
owned
[
](B25323-e16260-b)(n)
(n)
Bucks
univer.
p.
1072.
Part
of
Lincolns-Inn
and
Grays-Inn
,
formerly
Religious
Lands
.
to
have
appertained
to
the
Dominicans
,
and
by
them
Alienated
to
Henry
Lacy
Earl
of
Lincoln
;
and
Grays-Inn
,
was
part
of
an
Ancient
Prebendary
of
the
Cathedral
of
St.
Pauls
.
So
that
we
find
the
very
Houses
,
which
are
the
Nurseries
,
and
Academies
of
the
long
Robe
,
and
where
we
may
justly
expect
greatest
care
would
be
taken
to
be
secure
in
their
right
,
have
belonged
to
Religious
Societies
,
or
the
Dignitaries
of
the
greatest
Cathedral
in
England
.
To
descend
nearer
to
our
times
,
I
have
seen
the
Bull
of
[
](B25323-e16380-b)(o)
(o)
Ex
Autographo
in
Archivis
Scaccarii
.
Dissolution
of
several
Monasteries
to
endow
the
College
of
Winsor
Castle
and
Kings
College
Cambridge
.
Pope
Clement
the
7th
.
dated
the
4th
.
of
the
Nones
of
November
,
5
Pontificatus
,
Anno
1528.
20
of
H.
8.
where
he
gives
Cardinal
Wolsey
a
Power
to
Dissolve
,
and
Suppress
such
Monasteries
as
maintained
but
six
,
four
or
three
Monks
,
to
the
value
of
8000
Ducats
of
Gold
of
yearly
Rent
,
and
to
transfer
all
their
Possessions
and
Movable
Goods
toward
the
encrease
of
the
Revenues
of
the
Kings
Collegiate
Church
at
Windsor
Castle
begun
by
E.
4th
his
Grand-father
by
the
Mothers
side
,
and
the
College
at
Cambridge
built
by
H.
the
6th
.
Grand-father
to
the
same
King
by
the
Fathers
side
.
In
this
Bull
are
the
fullest
recitals
of
the
Popes
dispensing
Power
,
that
I
have
yet
met
with
,
therefore
I
think
it
fit
,
being
no where
that
I
know
of
Printed
,
to
give
you
the
words
,
that
you
may
at
once
see
how
far
the
Popes
Power
extends
in
dispensing
with
the
Canons
:
The
words
are
,
The
Popes
dispensing
with
all
Canons
Councils
,
&c.
in
the
suppresing
those
Abbies
,
&c.
Non
obstantibus
voluntate
nostrâ
predictâ
,
ac
aliis
Apostolicis
,
nec
non
bonae
memoriae
Othonis
&
Ottobonis
olim
in
dicto
Regno
Apostolicae
sedis
legatorum
,
ac
in
Provincialibus
&
Synodalibus
Conciliis
Editis
,
Generalibus
vel
Specialibus
Constitutionibus
,
&
Ordinationibus
ac
Statutis
,
&
Consuetudinibus
Monasteriorum
,
&
Ordinum
quorum
Monasteria
ipsa
fuerint
Juramento
,
confirmatione
Apostolica
,
vel
quavis
firmitate
alia
roborata
;
Privilegiis
quoque
&
Indultis
ac
Literis
Apostolicis
,
etiam
in
forma
Brevis
,
Monasteriis
&
Ordinibus
praedictis
,
sub
quibuscumque
tenoribus
&
formis
,
etiam
per
modum
Statuti
&
Ordinationis
perpetuae
,
&
cum
quibusvis
etiam
derogatoriorum
derogatoriis
fortioribus
,
&
efficacioribus
&
Insolitis
clausulis
,
ac
Irritantibus
,
&
aliis
decretis
,
etiam
motu
proprio
,
&
ex
certa
nostra
scientia
,
ac
de
Apostolicae
potestatis
plenitudine
,
etiam
per
nos
&
sedem
eandem
etiam
iteratis
vicibus
concessis
,
confirmatis
,
&
innovatis
,
etiamsi
in
illis
caveretur
expresse
,
quod
illis
,
etiam
per
quascunque
liter
as
Apostolicas
nullatenus
derogari
possit
,
nisi
in
literis
per
quas
illis
derogare
videretur
,
illorum
omnium
Tenores
,
de
verbo
ad
verbum
insererentur
,
&
expresse
appareant
;
Romanum
Pontificem
illis
derogare
voluisse
,
&
causa
urgens
,
&
sufficiens
exprimeretur
,
&
aliis
certis
modis
&
formis
observatis
,
quibus
omnibus
illorum
Tenores
,
ac
si
de
verbo
ad
verbum
insertis
&
forma
in
illis
tradita
observata
foret
,
presentibus
pro
expressis
habentes
.
Illis
alias
in
suo
robore
permansuris
,
hac
vice
duntaxat
specialiter
&
expresse
,
ex
certa
nostra
scientia
,
&
potestatis
plenitudine
derogamus
,
ac
etiam
quibuscumque
defunctorum
Testamentis
,
ultima
voluntate
,
Ordinatione
,
&
quod
dispositionibus
quacunque
Auctoritate
confirmatis
corroboratis
&
consolidatis
,
ac
quibuscumque
poenis
&
censuris
Ecclesiasticis
Communitis
,
super
quorum
omnium
Testamentorum
ultimam
voluntatem
,
Ordinationem
&
dispositionem
,
ac
omnia
&
singula
,
ac
illorum
tenores
etiam
presentibus
pro
expressis
,
&
recitatis
&
insertis
habentes
.
Immutationes
alterationes
&
in
vestrorum
collegiorum
praedictorum
conversionem
&
translationem
specialiter
&
expresse
,
in
eventum
suppressionis
,
&
applicationis
per
eandem
circumspectionem
tuam
faciendo
,
licentiam
&
potestatem
praedictam
dispensamus
,
ac
specialiter
,
quacunque
allegatione
de
non
expresso
valore
fructuum
bonorum
Monasteriorum
hujusmodi
literis
nostris
;
praetextu
alicujus
constitutionis
inde
editae
,
curiaeve
nostrae
stili
,
aut
alias
requisitio
&
inserendo
contrariis
quibuscunque
.
The
Constitutions
of
Otho
and
Othobon
,
that
are
here
dispensed
with
,
I
suppose
are
those
,
viz.
[
](B25323-e16630-b)(p)
(p)
Constitutiones
Othonis
Tit.
12.14
.
of
Otho
,
that
no
Goodsshall
be
taken
out
of
the
Houses
,
Manors
,
or
Granges
,
belonging
to
Bishops
,
or
the
Religious
without
their
consents
,
and
that
of
Othobon
[
](B25323-e16680-b)(q)
(q)
Constit
.
Othobonis
Tit.
11.13
,
21
,
22.
forbidding
Bishops
to
confirm
,
or
assign
,
by
appropriation
,
any
Church
in
his
Diocess
,
to
another
Bishops
Monastery
,
or
Priory
,
unless
he
to
whom
the
Bishop
would
appropriate
it
,
were
so
poor
,
or
other
lawful
cause
were
,
that
the
Appropriation
might
not
appear
so
much
contrary
to
Laws
,
as
agreeable
to
Piety
.
In
the
Archives
[
](B25323-e16730-b)(r)
(r)
Ex
iisdem
Archivis
.
Instructions
how
to
proceed
legally
to
suppress
Monasteries
.
of
the
Exchequer
there
are
the
Instructions
how
to
proceed
to
obtain
this
suppression
of
these
Monasteries
;
which
were
on
the
Kings
part
to
supplicate
the
Pope
for
a
Commission
to
be
granted
to
Cardinal
Wolsey
and
Cardinal
Campegius
Legates
de
Latere
,
then
the
Pope
to
grant
by
his
Bull
to
the
Legat
or
Legates
a
Faculty
,
then
a
Commission
of
Enquiry
what
Monasteries
were
fit
to
be
suppressed
,
and
then
the
Legat's
executing
his
Power
,
and
the
Pope's
Confirmation
.
In
the
same
[
](B25323-e16790-b)(s)
(s)
Ibidem
.
Suppressing
of
Religious
Houses
for
building
and
endowing
Cardinal
Wolseys
College
at
Oxford
and
Ipswich
,
whereof
the
yearly
Rent
was
,
19582.
Archives
of
the
Exchequer
,
are
to
be
found
,
the
Bull
of
Pope
Clement
the
7th
.
the
day
before
the
Kalends
of
June
,
5
Pontificatus
,
to
Cardinal
Wolsey
,
for
the
suppressing
of
several
Religious
Houses
for
the
building
,
and
endowing
of
the
Cardinal
College
of
Oxford
,
now
called
Christ-Church
,
as
likewise
[
](B25323-e16910-b)(t)
(t)
Ibidem
.
that
of
the
Nones
of
February
,
6
Pontificatus
,
of
the
same
Pope
,
and
many
other
Bulls
,
not
only
for
that
College
,
but
for
his
Cardinal
College
at
Ipswich
,
where
he
was
born
;
but
all
our
Historians
relating
the
matter
so
particularly
,
I
shall
refer
you
to
them
.
Only
give
me
leave
to
note
one
thing
out
of
the
Instructions
given
by
the
same
Cardinal
to
his
Chaplains
and
Counsellors
,
as
they
are
Stiled
,
Sir
Robert
Carter
Steward
of
his
House
,
Instructions
for
demolishing
a
Church
for
building
the
Cardinal
College
at
Oxford
.
Mr.
Lawrence
Stubbs
his
Almoner
,
and
Sir
Nicholas
Towrs
;
about
the
building
of
his
Cardinal
College
of
Oxford
,
that
for
enlarging
the
College
,
the
Parish
Church
of
St.
Nicholas
was
necessarily
to
be
pulled
down
,
and
taken
away
,
wherefore
,
by
his
Legantine
Power
,
he
Authorizeth
them
to
cause
it
to
be
done
,
and
to
Translate
and
annex
the
Parishioners
of
the
same
Church
of
St.
Nicholas
,
to
the
Parish
of
St.
Aldate
[
](B25323-e17050-b)*
*
Now
St.
Aldate
near
the
great
Gate
of
Christ-Church
.
being
next
adjoyning
,
and
to
compound
for
a
part
of
the
Church-yard
of
St.
Fridiswold
,
belonging
to
the
Monastery
of
that
Name
.
This
leads
me
to
another
remark
I
find
in
the
Survey
of
[
](B25323-e17100-b)(u)
(u)
●bidem
.
At
Bridlington
a
Church
converted
into
a
Bake-house
and
Brew-house
.
Bridlington
Abby
in
Yorkshire
,
upon
it's
dissolution
where
it
is
worded
thus
.
Item
,
on
the
South-side
of
the
said
Monastery
,
is
a
Bake-house
and
Brew-house
,
which
by
report
of
old
Men
was
sometimes
a
Nunnery
;
by
sight
,
the
Bake
house
was
the
Body
of
the
Church
,
the
Roof
whereof
is
covered
with
Slate
,
and
the
Isle
with
Lead
,
the
Brew-house
is
where
the
Quire
seemed
to
be
,
and
is
covered
with
Lead
.
To
this
let
me
add
what
I
have
from
the
relation
of
a
Reverend
person
,
that
hath
lived
long
upon
the
place
;
St.
Edmunds
Church
at
Rome
pulled
down
for
the
building
a
private
house
.
that
about
20
years
since
,
a
Church
in
Rome
,
belonging
to
the
English
College
there
,
and
Dedicated
to
St.
Edmund
the
Martyr
,
was
pulled
down
,
and
made
a
dwelling
House
,
and
the
obligation
of
Divine
Service
,
was
transferred
to
St.
Thomas
Church
.
By
all
which
it
appears
,
that
not
only
Religious
Lands
may
be
Alienated
,
but
the
very
Churches
themselves
,
Consecrated
in
a
special
manner
to
the
service
of
God
,
(
even
in
the
Church
Communion
,
and
City
of
Rome
,
)
may
be
demolished
and
converted
to
profane
uses
.
SECT.
V.
Instances
of
Alienations
of
Church
Lands
in
Foraign
Countries
in
the
Roman
Catholic
Communion
.
IF
we
take
a
toure
into
other
Countries
,
we
shall
find
the
like
Alienations
of
Church
Lands
,
suppressions
of
Monasteries
,
or
their
being
converted
into
more
secular
uses
than
they
were
by
the
first
Institution
designed
.
In
the
Year
,
1563.
[
](B25323-e17300-b)(a)
(a)
Pietro
Soavo
Polano
Hist.
of
the
Council
of
Trent
,
fol.
666.
Pius
the
4th
.
being
Pope
,
and
Charles
the
9th
.
King
of
France
.
The
Queen
Regent
of
France
sent
Letters
to
Rome
,
and
Trent
,
in
the
end
of
May
,
that
consultation
had
been
had
how
to
pay
the
Debts
of
the
Crown
,
that
a
Decree
had
passed
for
Alienating
to
the
value
of
100000
Crowns
of
Ecclesiastical
Immoveable
Goods
,
Alienation
of
Church
livings
in
France
1563.
and
it
was
confirmed
by
the
Kings
Edict
and
Sentence
of
the
Parliament
.
The
French
Ambassador
was
Ordered
to
move
his
Holiness
to
give
his
consent
,
alledging
the
exhausture
of
the
Exchequer
by
the
late
War
,
that
he
designed
to
put
his
affairs
in
Order
,
that
he
might
begin
,
as
his
purpose
ever
was
since
the
making
of
the
peace
,
to
reunite
all
in
the
Kingdom
to
the
Catholic
Religion
;
and
that
he
might
be
abler
to
force
whosoever
should
oppose
him
,
he
meant
to
impose
a
Subsidy
,
and
cause
the
Clergy
to
contribute
their
parts
to
it
also
;
whereto
the
Church
was
so
much
more
bound
than
others
,
by
how
much
their
interests
were
more
in
question
.
That
all
being
considered
,
nothing
was
found
to
be
more
easie
than
to
supply
the
necessity
with
the
Alienation
of
some
few
Ecclesiastical
Revenues
,
whereto
he
desired
the
consent
of
his
Holiness
.
The
Pope
answered
,
that
the
demand
was
painted
forth
with
a
fair
pretence
of
defending
the
Church
,
but
it
was
the
only
way
to
ruin
it
;
for
the
avoiding
whereof
his
securest
way
was
not
to
consent
to
it
;
[
](B25323-e17450-b)(b)
(b)
Idem
.
p.
667.
and
he
was
of
opinion
,
that
the
French
would
not
proceed
to
the
execution
of
it
without
him
,
and
he
thought
without
his
consent
none
would
adventure
Mony
upon
them
,
because
a
time
might
come
,
that
the
Ecclesiastics
would
resume
their
Rents
,
and
not
restore
the
price
;
and
he
proposed
the
business
to
the
Consistory
,
and
resolved
not
to
consent
,
but
by
divers
excuses
to
shew
,
it
was
impossible
to
obtain
that
demand
at
his
hands
.
[
](B25323-e17480-b)(c)
(c)
Idem
.
739.
The
French
having
considered
the
Popes
Answer
,
resolved
to
Treat
no
more
with
the
Pope
for
his
favor
in
the
Alienation
,
but
to
execute
the
Kings
Edict
approved
in
Parliament
without
any
consent
of
his
Holiness
.
This
being
suddenly
performed
,
few
Buyers
could
be
found
,
which
was
a
hindrance
to
the
King
,
and
no
favor
to
the
Clergy
;
for
the
Sale
was
made
at
low
Rates
,
so
that
there
was
but
Two
Millions
,
and
a
half
of
Franks
raised
,
small
in
regard
of
the
things
Alienated
,
being
but
Twelve
for
a
Hundred
,
whereas
it
had
been
a
small
price
,
if
they
had
given
a
Hundred
for
Four.
Amongst
the
things
sold
,
the
Jurisdiction
which
the
Arch-bishop
of
Lyons
held
until
that
time
over
the
City
,
was
sold
at
the
outcry
for
30000
Franks
,
but
the
Bishop
complained
so
much
,
that
in
supplement
of
the
price
,
he
had
given
unto
him
400
Crowns
yearly
.
I
know
not
whether
ever
any
Pope
confirmed
this
;
however
it
is
apparent
,
that
if
the
Pope
by
Bull
had
confirmed
it
,
none
would
have
scrupled
the
Legality
of
the
Title
of
a
Purchaser
.
But
this
is
[
](B25323-e17520-b)(d)
(d)
Ex
relatione
Reverendi
Superioris
Ordinis
St.
Benedict
.
most
certain
,
that
those
Alienations
continue
to
this
day
,
only
the
Religious
have
liberty
to
redeem
them
,
paying
the
Mony
payed
for
them
,
and
the
charges
for
any
improvement
,
as
I
have
it
from
one
who
lately
redeemed
such
an
Alienation
from
the
Purchaser
.
Pope
Alexander
the
7th
.
by
his
[
](B25323-e17560-b)(e)
(e)
Bullar●um
Magnum
impressum
Lugdini
.
v●l
.
ult.
fol.
220.
Bull
dated
28
April
,
1656.
2ᵒ.
Pontisicatus
,
suppressed
the
Order
of
the
Fratrum
Cruciferorum
,
or
Cross-bearing
Brethren
.
The
Preamble
runs
thus
,
We
thinking
it
Our
Duty
with
all
Study
and
Industry
,
continually
to
cultivate
the
Vinyard
of
the
Lord
,
The
suppression
of
4
Orders
by
the
Pope
.
which
is
his
Church
by
the
Divine
Will
committed
to
Our
care
,
that
the
Vines
of
Religious
Orders
providently
planted
in
it
,
which
being
destitute
of
the
Primigenious
vigor
of
Regular
observance
have
degenerated
into
barren
wild
Vines
,
according
to
the
Example
of
the
good
Husband-man
,
or
Father
of
the
Family
,
We
must
pluck
out
of
the
Vinyard
as
by
mature
and
fore-thought
deliberation
,
We
see
it
,
in
the
same
Lord
,
to
be
healthfully
expedient
.
Therefore
when
long
since
it
is
found
,
that
of
the
Order
called
the
Fratres
Cruciferi
,
there
remains
but
four
Monasteries
,
which
had
in
the
whole
Order
Twenty
five
,
Twenty
one
of
them
being
suppressed
by
Pope
Innocent
the
10th
.
our
Predecessor
of
happy
memory
,
whose
Brethren
are
reduced
now
to
a
few
,
and
have
totally
deviated
from
the
Primitive
Institution
,
and
is
in
the
Church
of
God
wholly
unprofitable
,
and
there
is
no
hope
that
it
shall
be
reduced
to
bring
forth
good
fruit
.
Therefore
of
our
proper
motion
and
certain
knowledge
and
mature
deliberation
by
the
fulness
of
Apostolic
Power
,
by
the
Tenor
of
these
presents
we
for
ever
extinguish
,
suppress
,
and
abolish
the
said
Order
,
with
all
it's
Dignities
,
Offices
,
and
Ministries
,
and
all
it's
Conventualship
,
Title
,
Essence
and
Denomination
.
And
we
do
res●rve
all
and
whole
the
Goods
,
Movable
and
Immovable
,
as
well
Sacred
as
Profane
,
their
Convents
,
Houses
,
Vinyards
,
Farms
,
Canons
,
Responsions
,
Fruits
,
Entries
and
Rights
whatsoever
,
wherever
they
be
,
according
to
the
disposition
of
us
,
and
the
Apostolic
See
,
to
the
Vses
and
Pious
works
,
to
be
converted
by
those
,
to
whom
they
are
committed
by
us
and
the
said
See.
Then
follows
a
Non
obstante
against
all
things
,
that
might
Invalidate
this
and
all
the
expressions
that
may
confirm
it
,
which
are
too
tedious
to
be
here
Inserted
.
Then
follows
a
Bull
of
the
same
Pope
,
dated
the
same
day
,
for
suppressing
the
Congregations
of
the
Canons
[
](B25323-e17770-b)(f)
(f)
Bull●rio
pr●●dicto
fol.
221.
222.
Regulars
of
the
Holy
Spirit
at
Venice
,
Styled
Congregatio
Canonicorum
Regularium
Sancti
Spiritus
Venetiarum
.
[
](B25323-e17820-b)(g)
(g)
Eodem
Bullario
fol.
467.
There
is
also
another
Bull
,
by
Clement
the
9th
.
for
the
suppression
and
extinction
of
the
Congregations
of
the
Canons
of
St.
Gregory
in
Alga
at
Venice
,
and
the
Brethren
Jesuits
of
Saint
Jerom
in
Fesulis
,
Styled
Congregationem
Canonicorum
St.
Gregorii
in
Alga
Venetiarum
ac
fratrum
Jesuitarum
St.
Hieronymi
in
Fesulis
.
How
the
Revenus
of
the
two
first
were
disposed
of
I
know
not
,
but
the
last
(
and
I
believe
so
of
the
former
)
were
given
to
the
State
of
Venice
,
for
defraying
the
charge
of
the
defence
of
Candy
;
and
the
Senate
sold
them
,
and
the
Buyers
are
in
no
danger
of
Resumption
.
In
the
like
manner
Cardinal
Vrsini
,
Protector
of
Poland
,
hath
of
late
Interceded
with
the
Pope
,
for
dissolving
of
several
Religious
Houses
in
that
Kingdom
,
to
supply
the
Treasury
in
the
Important
War
that
Kingdom
sustains
against
the
Turks
,
and
I
doubt
not
but
it
is
,
or
will
be
effected
.
The
Abby
of
Burgh
de
Di●u
Alienated
.
To
return
to
France
,
the
Famous
Abby
called
Burgh
de
Dieu
,
(
which
with
the
appurtenances
is
valued
at
20000
l.
yearly
Rent
)
is
Possessed
by
the
Prince
of
Conde
,
and
it
is
little
more
than
two
years
since
,
that
two
thirds
of
the
Rich
Abby
of
St.
Denis
in
France
hath
been
given
for
ever
by
the
Pope
,
Two
thirds
of
the
Abby
of
St.
Denis
Alienated
.
for
the
Education
of
Young
Gentlewomen
,
the
King
having
sollicited
the
Alienation
,
and
caused
it
to
be
confirmed
by
the
Arch-bishop
and
Parliament
of
Paris
.
At
Liege
in
[
](B25323-e18140-b)(h)
(h)
Lord
Castl●maine
Peply
,
p.
219.
Germany
the
Prince
enjoys
the
Cloyster
,
Garden
and
Appendices
belonging
to
the
Nuns
there
,
by
the
Popes
Bull
,
and
all
Catholic
Divines
and
Lawyers
are
satisfied
.
In
Germany
,
as
well
as
in
other
places
,
Alienations
in
Germany
.
it
hath
been
long
Practized
,
that
such
a
portion
of
Religious
Lands
as
have
been
imployed
for
the
Table
of
the
Arch-bishops
,
Bishops
,
Abbots
,
or
Priors
,
have
been
Converted
to
Secular
Pensions
.
In
General
we
may
observe
,
that
as
the
Statute
of
Mortmain
here
,
was
made
to
restrain
Peoples
too
Prodigal
giving
to
the
Church
;
so
where
some
Church-mens
Revenues
are
thought
too
great
,
and
some
Merit
was
thought
fit
to
be
rewarded
,
Commendams
and
Pensions
have
been
thought
to
be
dispensed
with
.
By
these
,
and
multitudes
of
other
instances
I
might
produce
(
if
the
cause
r●quired
)
you
may
easily
Judge
,
that
the
Canons
of
Councils
,
the
Decretals
of
Popes
,
and
other
Constitutions
Ecclesiastical
,
prohibiting
Alienation
of
Church
Lands
,
have
been
Infringed
sometimes
by
Secular
Princes
without
,
and
sometimes
with
the
Popes
Dispensation
in
all
Ages
.
SECT.
VI.
Concerning
the
Alienations
of
Church-lands
in
Germany
,
and
the
establishment
of
a
Tolleration
of
Religion
there
,
by
the
Treaties
of
Munster
and
Osnaburgh
.
Objection
Objection
,
that
the
disseizing
of
the
Religious
in
England
was
very
different
from
that
in
other
places
.
I
Believe
you
had
considered
the
force
of
these
particulars
(
of
which
you
could
not
be
ignorant
)
therefore
you
tell
me
how
different
our
case
is
from
any
other
Alienation
of
Church-lands
,
since
in
all
the
foregoing
Examples
,
the
Sacred
Patrimony
was
either
commuted
to
some
other
Charitable
use
,
or
employed
for
the
support
of
Armies
,
for
defence
of
the
Prince
,
or
his
Dominions
,
or
of
Christians
against
Pagans
or
Turks
.
But
here
was
a
total
suppression
and
Abolition
of
Religious
Orders
,
under
pretext
that
they
had
degenerated
into
Sloth
,
Vice
,
and
Superstition
,
and
that
their
Lands
being
given
to
the
Crown
,
would
so
Augment
the
Kings
Revenue
,
as
the
Subjects
,
for
the
future
,
would
be
eased
of
Subsidies
,
and
other
Taxes
;
the
King
might
erect
new
Bishopricks
,
and
imploy
some
of
their
Lands
to
better
Religious
Uses
;
which
were
the
popular
Arguments
to
obtain
the
Assent
of
the
two
Houses
of
Parliament
to
their
Dissolution
.
Yet
for
want
of
appointing
how
particularly
these
Lands
should
be
applyed
to
such
uses
,
and
the
absolute
Investing
them
in
the
Crown
,
without
Limitation
of
Uses
,
they
were
squandred
away
by
piece-meal
,
and
the
Subjects
very
little
eased
of
any
publick
burthen
.
You
further
add
,
that
when
you
consider
these
things
,
and
the
Artifices
used
to
obtain
surrenders
from
the
Convents
of
these
Lands
,
and
then
make
them
pass
for
their
voluntary
Acts
,
and
as
such
obtain
their
confirmation
by
Acts
of
Parliament
,
so
that
in
no
Kingdom
or
State
,
any
such
unpresidented
Innovation
upon
the
Rights
of
the
Church
,
or
such
a
sweeping
devastation
of
these
Lands
,
so
legally
settled
upon
the
Religious
was
ever
known
:
You
cannot
conceive
,
but
that
if
the
Roman
Catholic
Religion
can
ever
be
Introduced
here
,
those
Lands
will
be
claimed
and
in
Justice
ought
to
be
restored
;
Since
no
defence
can
be
made
for
so
violent
a
possession
of
them
.
In
the
proper
place
,
when
I
come
to
consider
the
Act
it self
,
I
hope
to
give
you
satisfaction
,
that
tho'
I
grant
all
this
,
yet
no
Resumption
can
possibly
be
obtained
.
How
the
Religious
Lands
in
Germany
were
setled
by
the
Treaty
of
Munster
.
But
before
I
speak
to
this
,
I
shall
pass
with
you
into
the
Empire
,
and
own
how
the
Churches
there
have
lost
their
Lands
,
and
that
the
condition
of
them
in
Germany
is
nearest
akin
to
ours
;
and
that
there
the
Entrance
upon
the
Church
Revenues
was
by
Violence
,
during
a
Civil
War
,
by
the
Princes
of
the
Augustan
Confession
,
seized
upon
as
out
of
the
Hands
of
their
Enemies
;
and
that
during
the
Treaties
of
[
](B25323-e18450-b)(i)
(i)
Tractat.
Pacis
,
&c.
p.
140.
The
Nuncio
of
the
Pope
protests
against
it
.
Munster
and
Osnaburgh
the
Restitution
of
these
Lands
being
debated
,
Fabius
the
Popes
Nuncio
(
afterwards
Pope
,
by
the
Name
of
Alexander
the
7th
.
)
made
his
protestation
against
it
,
both
by
the
[
](B25323-e18530-b)(k)
(k)
Testatum
facio
me
tum
jussu
Pontificis
,
ac
muneris
mihi
demandati
Intuitu
,
tum
propriae
Deo
dante
voluntatis
propensione
,
&c.
Command
of
the
Pope
,
by
Vertue
of
his
Character
then
,
and
the
propensity
of
his
own
Will
,
and
entr'd
his
Protestation
against
it
,
Dated
at
Munster
,
October
26.
1648.
Also
Pope
Innocent
the
10th
.
Published
his
[
](B25323-e18590-b)(l)
(l)
Ibid.
p.
148.
The
Pope
condemns
it
by
Bulls
.
Bull
the
26th
.
of
November
following
,
in
5ᵒ.
Pontificatus
,
against
both
the
Treaty
of
[
](B25323-e18640-b)(m)
(m)
He
Presaceth
the
Bull
thus
.
Zelo
Domus
Dei
animum
nostrum
assiduo
commovente
,
in
eam
praecipue
curam
sedulo
incumbimus
ut
Orthodoxae
fidei
Integritas
,
ac
Ecclesiae
Catholica
Dignitas
&
Authoritas
ubique
sarta
&
tecta
conservetur
.
Osnaburgh
concluded
the
6th
.
of
August
,
1648.
and
that
of
Munster
the
24th
.
of
October
the
same
year
,
declaring
both
against
the
Possession
of
Ecclesiastical
Goods
by
the
Heretics
,
to
them
and
their
Successors
,
and
the
permission
of
the
Heretics
,
as
he
Stiles
them
,
of
the
Augustan
Confession
,
to
have
free
liberty
of
Exercising
their
Heresie
in
several
places
,
and
the
Assignment
of
places
to
to
build
Churches
,
and
their
enjoying
of
Publick
Employments
,
Offices
,
and
Participation
of
Arch-bishopricks
Bishopricks
,
and
other
Ecclesiastical
Benefices
,
Provost-ships
,
Baly-wicks
,
Commendams
,
Canon-ships
,
other
Benefices
,
&c.
Which
at
large
may
be
Read
in
the
Tracts
Published
at
Leyden
,
1651.
In
Answer
to
these
,
I
shall
not
undertake
to
justifie
the
matter
of
Fact
,
Answer
Answer
not
vindicating
the
spoyl
,
especially
when
the
Tythes
were
not
restored
to
Parish
Priests
.
nor
vindicate
the
divesting
of
the
numerous
Parish
Priests
of
the
Tythes
belonging
to
them
,
and
by
their
former
appropriation
to
the
several
Religious
Houses
,
upon
their
Dissolution
given
to
the
Crown
;
which
had
then
an
opportunity
of
annexing
them
to
their
respective
Parishes
,
which
tho'
they
had
been
supplyed
,
while
they
were
in
the
Hands
of
the
Religious
,
by
some
of
their
Body
,
by
the
subtraction
of
the
maintainance
,
were
to
be
the
worst
of
all
other
supplyed
by
the
poor
Vicars
,
yet
were
not
at
all
considered
.
But
I
shall
in
the
following
Sections
endeavor
to
make
it
apparent
,
that
Religious
Lands
are
now
possessed
without
any
fear
of
Resumption
,
where
no
Confirmation
of
the
Pope
was
ever
obtained
,
as
in
Germany
.
Therefore
I
shall
here
pass
by
the
validity
of
Law
(
either
Canon
,
Civil
or
Municipal
)
because
when
I
come
to
the
proper
place
,
I
hope
to
make
it
appear
,
that
there
was
as
much
done
by
the
Popes
(
both
Julius
3d.
and
Paulus
the
4th
.
)
as
was
requisite
to
make
the
Title
of
every
one
,
sufficiently
secured
,
even
by
Canon
Law.
Therefore
I
shall
spend
this
Section
in
clearing
two
things
:
First
in
shewing
the
amicable
composure
,
that
the
Treatise
of
Munster
,
and
Osnaburgh
produced
,
betwixt
the
Roman
Catholics
,
Lutherans
and
Calvinists
;
and
thereby
shew
the
grounds
of
those
accords
betwixt
the
Princes
and
Subjects
of
each
perswasion
in
Germany
,
and
so
secondly
Illustrate
something
more
that
account
,
the
Author
of
the
Book
you
sent
me
,
hath
layd
down
,
and
in
that
vindicate
the
Author
,
and
shew
that
since
the
German
Princes
and
Subjects
enjoy
the
Religious
Lands
,
without
any
scruple
in
Law
or
Conscience
;
we
have
much
more
reason
to
think
our selves
secure
.
Concerning
the
settlements
in
Germany
by
the
Treaty
of
Munster
.
As
to
the
settlements
in
Germany
,
it
was
a
great
Work
,
and
the
Plenipotentiaries
were
persons
of
great
knowledge
in
the
Laws
,
and
assisted
by
the
Learnedest
of
that
Age
,
to
compose
a
matter
of
so
great
moment
;
so
that
we
need
not
doubt
,
but
that
all
possible
care
was
taken
to
make
it
as
binding
as
Law
and
Authority
could
contrive
it
.
In
which
[
](B25323-e18920-b)(n)
(n)
Instrumentum
pacis
Treaties
Arch-bishopricks
,
Bishopricks
,
Abbies
,
&c.
formerly
in
the
hands
of
Roman
Catholics
,
were
settled
upon
Lutheran
and
Calvinist
Princes
and
Lords
,
so
I
shall
note
some
of
the
principal
matters
settled
by
the
Instrument
of
Peace
concluded
at
Osnaburgh
.
[
](B25323-e18980-b)(o)
(o)
Artic.
5.
§.
1.
First
the
Transactions
at
Passaw
,
Anno
1552.
And
that
called
Pax
Religionis
,
Anno
1555.
And
that
Anno
1556.
(
which
were
in
Queen
Marys
time
)
and
those
in
the
several
Dyets
in
the
Empire
,
are
Confirmed
,
and
what
in
any
Controverted
Articles
in
the
present
Transaction
,
by
consent
were
established
in
Judgments
,
and
other
ways
,
shall
be
observed
,
[
](B25323-e19040-b)(p)
(p)
Non
attenia
cujusvis
,
seu
Ecclesiastici
,
seu
Politici
Secularis
intra
vel
extra
imperium
contradictione
,
vel
Protestatione
.
not
taking
cognizance
of
the
contradiction
,
or
protestation
of
any
Ecclesiastic
,
or
Politic
person
,
within
or
without
the
Empire
,
all
which
by
the
force
of
this
agreement
are
declared
void
and
null
.
Secondly
,
§.
2.
That
Restitution
shall
be
made
in
the
matters
Ecclesiastical
from
the
first
of
January
1624.
So
that
the
Cities
named
shall
retain
the
Goods
,
Rights
,
and
Exercise
of
their
Religion
,
as
they
enjoyed
them
that
Day
and
Year
.
In
[
](B25323-e19100-b)(q)
(q)
Pa.
26.
Equality
of
Magistrates
or
Alternative
Election
of
them
.
particular
the
City
of
Augusta
Vindiliciorum
,
Ausburgh
,
shall
have
seven
Senators
of
the
Secret
Council
,
whereof
the
two
Presidents
,
called
Staup-fleger
;
one
shall
be
a
Catholic
,
the
other
of
the
Augustan
Confession
,
and
of
the
other
five
,
three
shall
be
Catholics
,
and
two
of
the
Augustan
Confession
;
and
the
rest
of
the
Senators
called
the
lesser
,
the
Syndicks
,
Assessors
,
and
City-Judges
,
and
other
Officers
shall
be
equal
in
number
of
both
Religions
,
and
the
three
Mint-Masters
,
the
first
Year
shall
be
two
Catholics
and
one
of
the
Augustan
Confession
,
and
the
next
Year
two
Augustans
and
one
Catholic
;
and
so
of
the
Masters
of
the
Ordinance
being
three
;
and
all
other
Officers
of
the
like
Number
,
and
where
there
is
but
one
Officer
for
one
or
more
Years
,
the
Catholic
and
Augustans
shall
be
Alternatively
.
That
neither
Party
shall
abuse
the
Power
of
those
adhereing
to
their
Religion
,
Pa.
27.
Neither
party
to
depress
other
.
to
the
depressing
of
the
contrary
,
nor
directly
or
indirectly
shall
encrease
the
number
of
the
Presidents
,
[
](B25323-e19230-b)(r)
(r)
Neutra
verè
pars
suae
Religioni
ad●arentium
potentia
ad
deprimendam
alteram
abutatur
,
&c.
Senators
,
&c.
But
if
any
do
,
it
shall
be
void
.
[
](B25323-e19280-b)(s)
(s)
P.
28.
In
the
Cities
of
Dunkelspiile
,
Biberac
,
and
Ravensburg
,
there
being
two
Consuls
,
one
shall
be
a
Catholic
,
and
the
other
of
the
Augustan
Confession
;
and
so
in
all
other
Officers
where
the
number
is
equal
,
and
where
there
is
but
one
Officer
,
it
shall
be
exercised
Alternatively
.
[
](B25323-e19340-b)(t)
(t)
P.
29.
Ecclesiastical
Goods
to
be
possessed
as
in
Anno
1624.
pa.
30.
In
the
3d.
Section
it
is
agreed
.
As
to
Ecclesiastic
Goods
,
whether
they
be
Arch-bishopricks
,
Bishopricks
,
Prelatures
,
Abbacies
,
Balywicks
,
Provost-ships
,
Commendams
,
or
free
Secular
Foundations
,
&c.
Whoever
possessed
them
,
whether
Catholics
or
Augustans
,
the
first
of
January
1624.
they
shall
possess
them
quietly
,
and
undisturbedly
[
](B25323-e19410-b)(u)
(u)
Vsque
dum
de
Religionis
dissidiis
per
Dei
Gratiam
Conventum
fuerit
.
till
by
Gods
Grace
it
shall
be
agreed
about
differences
of
Religion
,
and
it
shall
be
lawful
to
neither
Party
to
molest
other
,
either
in
Judgment
,
or
otherwise
,
much
less
to
cause
disturbance
or
Impediment
;
[
](B25323-e19430-b)(w)
(w)
Quod
si
de
Religionis
dissidiis
amicabiliter
convenire
non
possit
,
nihil
ominus
hac
conventio
perpetua
sit
&
pax
semper
duratura
.
and
if
it
cannot
be
amicably
agreed
concerning
differences
in
Religion
,
nevertheless
this
Convention
shall
be
perpetual
,
and
the
Peace
to
endure
for
ever
.
If
a
Catholic
Arch-bishop
,
Bishop
,
or
Prelate
,
or
of
the
Augustan
Confession
,
or
other
Ecclesiastics
,
change
their
Religion
,
they
(w)
shall
lose
their
Right
,
retaining
their
Honor
and
Fame
,
and
shall
lose
the
profits
;
and
the
Chapter
,
or
to
whom
the
Right
appertains
,
shall
choose
another
person
of
that
Religion
,
to
which
by
this
Treaty
the
Benefice
appertains
,
and
leave
to
the
Arch-bishop
,
Bishop
,
or
Prelate
,
&c.
departing
,
the
profits
received
and
consumed
.
If
a
Catholic
or
Augustan
State
,
have
since
the
first
of
[
](B25323-e19510-b)(x)
(x)
●xcidan●
ilit
suo
sure
,
honore
tamen
Famaque
illibans
.
p.
34.
January
,
1624.
judicially
or
extrajudicially
been
dispossessed
by
Vertue
of
this
Treaty
,
they
shall
be
restored
,
&c.
In
the
7th
.
Section
,
it
is
provided
that
the
number
of
Chapters
or
Canons
,
which
were
of
either
Religion
,
the
first
of
January
,
1624.
shall
be
continued
;
so
that
where
any
,
of
either
number
die
,
one
of
the
same
Religion
shall
be
chosen
;
and
if
of
either
there
be
now
a
greater
number
,
To
have
the
Chapters
equal
as
to
the
Canons
.
p.
35.
they
shall
continue
for
life
,
and
after
their
Death
one
of
the
other
Religion
be
chosen
,
till
the
number
be
adjusted
as
in
,
1624.
[
](B25323-e19600-b)(y)
(y)
Artic.
5ᵒ.
§.
9.
Whatever
Monasteries
,
Colleges
,
Baly-wicks
,
Commendams
,
Churches
,
Foundations
,
Schools
.
Hospitals
or
other
Ecclesiastical
Goods
,
with
their
Rents
,
Rights
,
(
by
whatever
name
they
are
call'd
)
the
Electors
,
Princes
,
States
,
&c.
The
settlement
of
the
Possessions
to
be
conformable
to
the
Treaty
p.
36.
Of
the
Augustan
Confession
were
possessed
of
the
first
of
January
1624.
they
shall
possess
them
now
,
whether
they
retain
them
,
or
have
restor'd
them
,
[
](B25323-e19680-b)(z)
(z)
Donec
controversiae
Religionis
amicabili
partium
compositione
universali
definiuntur
.
Nothing
to
be
valid
that
contradicts
this
Treaty
:
All
claims
in
Law
to
cease
.
till
the
Controversie
of
Religion
by
the
Amicable
Composition
of
all
Parties
be
determined
,
not
attending
the
exceptions
,
whether
before
or
after
the
Treaty
of
Passaw
,
or
the
Religious
Peace
,
or
any
Interruption
by
Hostilities
,
or
foregoing
or
after
Treaties
general
or
special
,
Decrees
,
Mandates
,
Rescripts
,
Suits
,
or
causes
of
Suits
,
Reversals
,
Petitions
,
or
any
pretext
or
reason
whatsoever
,
the
only
Foundation
of
this
Treaty
of
Restitution
and
Observance
,
being
from
the
first
of
January
1624.
So
that
those
of
the
Augustan
Confession
be
restored
into
their
former
state
,
and
be
not
by
any
means
disturbed
of
their
Possession
,
but
be
free
from
any
Persecution
of
Law
or
Deed
for
ever
,
while
the
Controversies
of
Religion
be
compos'd
.
The
[
](B25323-e19750-b)(a)
(a)
Pa.
37.
Provision
for
Catholics
.
like
is
agreed
upon
for
the
Catholics
in
relation
to
their
Monasteries
,
so
that
they
be
not
changed
into
other
Orders
than
such
as
they
had
from
the
first
,
unless
the
Order
be
extinct
,
and
then
the
Catholic
Magistrates
may
chuse
Religious
out
of
any
other
Order
used
in
Germany
before
the
difference
in
Religion
,
and
in
whatever
Foundations
,
Collegiat
Churches
,
Monasteries
,
Hospitals
,
half
Catholics
,
and
half
of
the
Augustan
Confession
promiscuously
lived
,
that
they
should
live
in
the
same
number
as
they
were
the
first
of
January
,
1624.
and
the
publick
exercise
of
Religion
shall
remain
the
same
as
at
that
time
,
and
those
that
used
the
first
Prayers
at
that
time
,
should
so
continue
them
.
In
the
11th
.
Pa.
41.
None
to
disturb
other
in
the
exercise
of
their
Religion
.
Section
it
is
provided
in
all
places
,
that
neither
[
](B25323-e19830-b)(b)
(b)
Neutrique
partium
alterum
de
Religionis
suae
Excercitio
Ecclesiae
ritubus
&
ceremoniis
deturbare
fas
sit
.
Party
disturb
other
in
the
Exercise
of
their
Religion
,
but
that
the
Inhabitants
live
Peaceably
and
Friendly
one
with
another
,
and
have
the
free
use
of
their
Religion
and
Goods
.
In
the
12th
.
Section
,
that
the
Inhabitants
of
a
Territory
where
the
Lord
of
it
is
of
another
Religion
,
shall
have
liberty
to
remove
,
so
[
](B25323-e19860-b)(c)
(c)
Nemo
alienos
subditos
ad
suam
Religionem
pertrahere
eâve
i●
causâ
in
defensionem
&
protectionem
suscipere
;
p.
42.
that
none
endeavor
to
draw
other
subjects
to
his
Religion
,
or
for
that
cause
to
receive
them
into
defence
and
protection
.
[
](B25323-e19900-b)(d)
(d)
Pa.
44.
Also
the
Subjects
of
either
Religion
which
in
Anno
1624.
Where
a
different
Religion
was
not
used
1624.
Then
Liberty
of
Conscience
to
be
granted
to
the
private
exercise
of
it
.
had
neither
publick
nor
private
exercise
of
their
Religion
in
any
time
of
the
Year
appointed
,
and
those
who
after
the
Year
published
in
[
](B25323-e19940-b)(e)
(e)
Futuro
tempore
,
diversam
à
Territorii
Domino
Religionem
profitebuntur
&
amplectentur
,
patienter
Tolerentur
,
&
conscientia
liberâ
domi
devotioni
suae
sinc
inquisitione
aut
Turbatione
privatim
vacare
,
page
45.
No
Test
here
.
after-times
,
possessed
and
embraced
a
Religion
different
from
the
Lords
of
the
Territory
,
shall
be
patiently
Tolerated
,
and
with
a
free
Conscience
without
disturbance
,
or
Inquisition
,
shall
exercise
their
Religion
in
their
own
Houses
privatly
,
and
in
the
Neighborhood
,
i.e.
where
their
way
of
Worship
is
exercised
,
where
and
as
often
as
they
please
,
be
present
at
the
publick
exercise
of
their
Religion
,
and
shall
send
their
Children
to
some
Schools
of
their
Religion
,
or
have
private
Masters
to
instruct
them
;
so
that
they
in
other
[
](B25323-e19980-b)(f)
(f)
Incaeteris
officium
su●●a
,
cum
debito
obsequio
&
subjectione
adimpleant
.
things
perform
their
Offices
to
their
Lords
,
in
due
obsequiousness
and
subjection
,
and
give
no
occasion
to
disturbances
,
and
that
no
subject
of
either
Religion
for
the
cause
of
Religion
[
](B25323-e20000-b)(g)
(g)
Nullibi
ob
Religionem
despicatui
habeantur
,
nec
à
mercatorum
,
opisicum
,
aut
Tribuum
communione
haereditatibus
,
Legatis
,
&c.
multo
minus
publicis
coemiteriis
honoreve
S●pulturae
arceantur
.
p.
45.
be
despised
,
or
be
secluded
from
their
Manufactures
,
Merchandise
,
or
the
Community
of
their
Companies
,
their
Inheritances
,
Legacies
,
Hospitals
,
places
for
Lazar's
,
Alms
or
other
Rights
or
Commerce
,
much
less
from
burying
in
Church-yards
,
or
the
Honor
of
Sepulture
.
Freedom
to
those
that
have
not
freedom
of
public
exercise
of
their
Religion
to
remove
,
and
yet
look
after
their
effects
.
As
to
the
Subject
that
neither
had
publick
or
private
exercise
of
his
Religion
the
Year
1624.
or
that
after
the
published
Year
changed
his
Religion
,
and
of
his
own
accord
left
the
Country
,
or
by
the
Lord
of
the
Territory
was
Banished
,
It
[
](B25323-e20080-b)(h)
(h)
Liberum
ei
sit
aut
retentis
bonis
aut
alienatis
discedere
,
retenta
per
ministros
administrare
,
&
quoties
ratio
id
p●stulat
,
ad
res
suas
inspiciendas
.
vel
persequendas
lites
,
aut
bebita
exigen●a
,
libere
&
sine
literis
commeatus
adi●e
,
pa.
52.
shall
be
free
for
him
,
either
retaining
his
Goods
,
or
selling
them
,
to
depart
,
and
to
manage
those
he
retains
by
his
Servants
,
and
so
often
as
there
is
occasion
to
return
freely
,
without
any
Pass
,
to
look
after
them
,
or
pursue
his
Law-suits
.
In
the
17th
.
Section
:
All
public
impugning
of
the
Treaties
forbidden
.
It
is
agreed
,
that
the
Magistrates
of
either
Religion
[
](B25323-e20130-b)(i)
(i)
Severè
&
rigorose
prohibent
ne
quisquam
publicè
privatimve
concionando
,
docendo
,
disputando
,
scribendo
,
consulendo
hanc
Transactionem
Imp●gnet
,
dubiam
faciat
,
aut
assertiones
contrari●s
inde
deducere
conetur
.
Severely
and
Rigorously
prohibit
all
publick
Preaching
,
Teaching
,
Disputing
,
Writing
or
Consulting
to
Impugn
the
Treaty
of
Passaw
or
the
Religious
Peace
,
and
priv●tly
shall
neither
Impugn
nor
call
into
dispute
the
Treaty
,
or
deduce
assertions
to
the
contrary
,
and
what
ever
hath
been
Printed
,
Divulged
or
Published
to
the
contrary
,
shall
be
void
;
and
what
doubts
soever
shall
arise
in
the
Dyets
,
or
other
Imperial
Conventions
,
shall
be
amicably
transacted
by
the
Nobles
of
either
Religion
.
In
the
18th
.
Section
:
Pa.
53.
In
the
Conventions
the
Deputies
of
the
Princes
of
either
Religion
to
be
equal
.
In
the
Conventions
of
the
Deputies
Ordinary
of
the
Empire
,
the
Nobility
of
either
Religion
shall
be
equal
and
in
extraordinary
Commissions
concerning
the
Affairs
of
the
Empire
;
if
the
matter
be
betwixt
persons
of
the
Augustan
Confession
,
they
only
addicted
to
that
Religion
shall
be
deputed
,
and
so
of
the
Catholics
;
and
if
it
be
betwixt
Catholics
and
Augustans
,
then
the
Commissioners
to
be
equal
.
In
the
19th
.
Section
:
It
is
ordered
that
in
causes
of
Religion
,
and
in
all
other
things
,
where
the
State
was
divided
in
the
points
of
Religion
,
all
differences
and
suits
should
be
ended
by
Amicable
Composition
,
[
](B25323-e20220-b)(k)
(k)
Non
attenta
votorum
pluralitate
.
and
not
by
plurality
of
Vote
.
I
might
Transcribe
the
whole
Treaty
with
some
Advantage
to
the
design
of
composing
Mens
minds
not
to
apprehend
the
danger
of
Resumption
,
and
to
shew
how
the
Germans
have
accommodated
Matters
,
and
live
Amicably
in
the
several
professions
of
their
Religion
,
with
great
advantage
as
to
Peace
and
Concord
,
without
Tests
and
Persecution
for
Religion
.
But
I
dare
not
lengthen
this
Letter
too
much
,
and
so
must
refer
you
to
the
Treaty
it self
.
Concerning
the
Nuncios
Protestation
,
and
the
Popes
Bull
against
the
Treaty
.
As
to
the
Objection
of
the
Nuncio's
protesting
,
and
Pope
Innocent
the
10th's
.
Bull
against
it
;
you
may
easily
conceive
,
that
it
stood
not
with
the
Dignity
,
Honor
,
or
Ecclesiastical
Interest
of
his
Holiness
to
give
his
open
Assent
to
such
an
agreement
as
allowed
not
only
such
a
publick
exercise
of
a
contrary
Religion
,
but
spoyled
the
Church
of
such
great
and
Opulent
Arch-bishopricks
,
as
Magdeburg
(
called
the
Metropolis
of
Germany
)
or
that
of
Bremen
,
Erected
into
a
Dukedom
,
or
of
the
Rich
Bishopricks
of
Osnaburg
,
Minden
,
Halberstadt
,
and
Verdon
,
together
with
most
of
the
Great
Monasteries
and
Church-lands
of
the
North
part
of
Germany
,
which
were
swallowed
up
by
the
Reformed
Princes
.
Tacit
connivance
of
the
Pope
.
Yet
that
there
has
been
a
Tacit
Connivance
or
Confirmation
of
this
,
appears
in
that
the
Pope
[
](B25323-e20370-b)(l)
(l)
Artic.
n.
122.
disturbs
not
the
same
;
and
in
Anno
1657.
Ten
years
after
the
said
Treaty
,
the
French
King
in
the
Treaty
betwixt
him
and
Spain
,
Styles
himself
a
Confederate
for
the
Maintainance
of
the
Treaty
of
Munster
,
yet
neither
the
Pope
(
who
was
Alexander
the
7th
.
Nuncio
at
the
Treaty
of
Munster
)
or
his
Plenipotentiary
dissallowed
the
Title
.
The
present
Duke
of
Bavaria
[
](B25323-e20460-b)(m)
(m)
Castlemain
pa.
248.
What
Catholic
Princes
in
Germany
enjoy
Religious
Lands
.
as
well
as
his
Father
Maximilian
,
not
only
enjoys
the
Revenues
of
several
Abbies
,
but
have
endowed
new
Colleges
with
some
of
the
same
Lands
,
and
charged
others
with
great
Pensions
,
and
all
this
with
the
Popes
positive
consent
.
The
Duke
of
Newburg
also
,
that
now
is
Palatin
hath
obtained
a
dispensation
for
what
he
and
his
Father
possessed
since
Luthers
time
which
belonged
to
the
Church
,
and
the
Landgrave
of
Hess
has
obtained
the
like
However
since
upon
the
account
of
these
Treaties
,
That
the
Reformed
Princes
enjoy
the
Religious
Lands
notwithstanding
the
Popes
Bull
prohibiting
it
.
Therefore
greater
security
here
where
confirmed
by
two
Popes
.
betwixt
the
Empire
,
King
of
France
and
Sweden
,
with
the
Concurrence
of
the
Catholic
Princes
of
Germany
,
as
well
Ecclesiastical
,
as
Secular
,
these
so
great
Portions
of
Church-lands
are
enjoyed
to
this
Day
peaceably
by
the
Reformed
Princes
and
States
,
notwithstanding
the
foresaid
Protestation
and
Bull
of
the
Pope
so
directly
dissallowing
thereof
.
It
is
to
me
a
very
Convincing
Argument
,
that
we
in
England
have
no
reason
to
fear
any
Resumption
of
such
Lands
when
they
are
so
well
Confirmed
by
Act
of
Parliament
,
and
have
obtain'd
the
Confirmation
of
two
Popes
.
Neither
is
it
so
new
a
matter
,
as
some
may
imagin
,
that
an
Act
of
Parliament
in
England
hath
been
here
Judged
valid
,
tho'
it
Diametrically
thwarted
a
Canon
of
the
Church
,
which
is
evident
in
the
Statute
[
](B25323-e20640-b)(n)
(n)
Stat.
Merton
.
c.
9.
of
20
H.
3.
the
words
are
.
To
the
Kings
Writ
of
Bastardy
,
whether
one
born
before
Matrimony
may
Inherit
in
like
manner
as
he
that
is
born
after
Matrimony
;
all
the
Bishops
answer
,
that
they
would
not
,
nor
could
not
answer
to
it
;
because
it
was
directly
against
the
common
Order
of
the
Church
,
See
Fortescue
de
Legibus
c.
●9
.
Selden
Comment
and
Waterhouse
Comment
fol.
466.
and
483.
and
all
Bishops
Instanted
the
Lords
,
that
they
would
consent
that
all
such
as
were
born
after
Matrimony
should
be
Legitimate
as
well
as
they
that
be
born
within
Matrimony
,
as
to
the
Succession
of
Inheritance
,
for
so
much
as
the
Church
accepteth
such
for
Legitimate
.
And
all
the
Earls
and
Barons
with
one
voice
answered
,
That
they
would
not
change
the
Laws
of
the
Realm
which
hitherto
have
been
used
and
approved
.
This
is
esteemed
as
good
a
Statute
Law
as
any
in
the
Printed
Books
or
upon
Record
;
and
yet
it
is
most
evident
,
that
the
Church
judgeth
otherwise
,
as
is
apparent
in
the
[
](B25323-e20730-b)(o)
(o)
Decret.
Greg.
Tit.
17.
c.
1.
Decree
of
Pope
Alexander
the
3d.
Circa
Annum
1159.
5ᵒ.
H.
2.
to
which
I
refer
you
.
SECT.
VII
.
Whether
Cardinal
Pools
Confirmation
of
Church-lands
to
the
Possessors
was
delusory
or
not
.
IN
the
next
part
of
your
Letter
you
take
up
another
of
Dr.
[
](B25323-e20850-b)(a)
(a)
Hist.
Reformation
lib.
2.
p.
298.
Burnets
Arguments
,
That
Cardinal
Pool's
Confirmation
was
an
Artifice
,
and
the
Point
was
carried
by
those
who
did
not
understand
the
true
danger
their
Estates
were
in
:
But
considered
the
present
Advantages
they
were
to
have
from
the
consenting
to
the
Act.
The
Reason
he
gives
for
this
Assertion
is
,
because
the
Cardinal
gave
a
charge
to
all
to
be
afraid
of
the
Judgment
of
God
that
fell
on
Balthazar
for
converting
the
Holy
Vessels
,
which
had
been
taken
by
his
Father
,
and
not
by
himself
,
to
profane
uses
;
which
,
saith
the
Doctor
,
was
to
pardon
the
thing
,
and
yet
call
it
Sacrilege
;
and
that
it
was
studiously
designed
to
possess
the
People
with
an
opinion
of
the
sin
of
retaining
Church-lands
,
so
that
the
Confirmation
might
be
looked
upon
as
an
Indempnity
and
Permission
to
keep
them
,
rather
than
a
Declaration
that
the
Possessors
had
a
Lawful
Title
.
This
you
enforce
from
the
Authority
of
[
](B25323-e20930-b)(b)
(b)
Letter
to
Dr.
Burnet
,
one
who
assures
us
he
had
met
with
a
Register
of
Cardinal
Pool's
Letters
,
and
among
them
the
two
Breves
,
and
the
Letters
that
passed
betwixt
the
Cardinal
and
the
Bishop
of
Arras
,
who
was
afterwards
Cardinal
Granvil
,
and
others
that
passed
betwixt
the
said
Cardinal
,
and
the
Cardinal
de
Monte
,
and
Cardinal
Morone
and
Soto
the
Emperors
Confessor
,
and
some
from
Cardinal
Pool
to
the
Pope
,
and
to
King
Philip.
This
Gentleman
having
said
this
(
to
gain
himself
credit
with
his
Readers
)
proceeds
to
prove
,
that
it
was
never
intended
to
confirm
the
Alienation
that
was
made
of
the
Abby-Lands
,
and
you
having
made
an
Abbreviation
of
what
he
there
lays
down
to
make
a
plausible
proof
,
I
shall
Insert
them
justly
.
But
because
these
require
distinct
Answers
,
that
I
may
both
shew
the
Infidelity
of
the
Author
of
this
Letter
,
and
the
designed
misapplication
of
the
whole
,
you
must
give
me
leave
to
shew
,
first
in
General
,
how
the
whole
business
was
Transacted
,
and
the
Reasons
of
the
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
[
](B25323-e21180-b)(d)
(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
[
](B25323-e21360-b)(e)
(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
[
](B25323-e21470-b)(f)
(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
[
](B25323-e21550-b)(g)
(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
[
](B25323-e21730-b)(h)
(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
[
](B25323-e21920-b)(i)
(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
[
](B25323-e22000-b)(k)
(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
[
](B25323-e22130-b)(l)
(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
[
](B25323-e22240-b)(m)
(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
did
his
utmost
endeavors
to
get
the
Emperor
to
Insist
upon
the
security
of
Abby-lands
,
when
he
was
sent
with
Edward
[
](B25323-e22420-b)(n)
(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
[
](B25323-e22790-b)(o)
(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
,
[
](B25323-e22870-b)(p)
(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
[
](B25323-e22940-b)(q)
(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
,
[
](B25323-e22980-b)(r)
(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
[
](B25323-e23010-b)(s)
(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
,
Objection
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
them
in
mind
of
Balthazar
,
and
the
expression
in
the
Breve
of
the
4th
.
of
March
1554.
Pope
Julius
the
3d.
gave
the
Cardinal
Power
only
to
Agree
,
and
Transact
with
the
Possessors
of
the
Goods
of
the
Church
;
for
the
Rents
which
they
had
unlawfully
received
,
and
for
the
moveable
Goods
,
which
they
had
consumed
and
for
freeing
and
discharging
them
for
them
,
they
restoring
first
(
if
that
should
seem
expedient
to
him
)
the
Lands
themselves
that
were
unduly
deteined
by
them
;
and
the
Pope
intended
no
security
,
but
on
those
conditions
.
In
Answer
to
this
,
I
shall
first
give
you
the
words
of
the
Breve
[
](B25323-e23170-b)(t)
(t)
Letter
to
Dr.
Burnet
.
Ac
cum
possessoribus
bonorum
Ecclesiasticorum
(
restitutis
prius
,
Si
[
](B25323-e23210-b)(u)
(u)
The
expression
to
be
noted
.
tibi
expedire
videatur
,
Immobilibus
per
eos
indebite
detentis
)
super
fructibus
male
perceptis
ac
bonis
mobilibus
consumptis
concordandi
,
&
transigendi
,
ac
eos
desuper
liberandi
,
ac
quietandi
,
&c.
Here
I
desire
you
to
consider
,
Answer
Answered
,
first
as
to
the
moveables
what
was
to
be
excepted
,
viz.
Church
stuff
unchanged
.
that
among
the
movables
of
the
Church
,
two
particulars
are
to
be
distinguished
.
First
the
Vessels
Consecrated
to
the
use
of
the
Altar
;
such
were
Chalices
,
Patens
,
Crucifixes
and
such
like
:
And
secondly
,
the
Rents
and
Profits
received
of
the
Lands
,
Tythes
,
or
Pensions
belonging
to
the
Church
:
Concerning
the
first
it
is
,
that
the
Cardinal
in
his
Admonition
expresseth
himself
,
that
altho'
he
had
released
indistinctly
to
them
that
possess'd
them
,
all
the
movable
things
of
the
Church
,
yet
he
would
have
all
admonished
,
that
they
having
before
their
Eyes
the
severity
of
Divine
Judgment
against
Balthazar
[
](B25323-e23290-b)(w)
(w)
Stat.
1ᵒ.
&
2ᵒ.
Philip.
&
Mariae
.
c.
8.
&c.
should
restore
them
to
their
proper
Churches
,
if
they
were
in
being
,
or
else
to
others
.
Now
,
the
plain
meaning
of
this
is
,
only
to
admonish
these
who
had
such
Vessels
of
Silver
or
Gold
,
or
other
Utensils
or
Church-stuff
,
as
yet
entire
,
undefaced
,
or
melted
down
,
should
restore
them
to
the
Churches
from
whence
they
were
taken
;
which
surely
was
no
ill
Admonition
,
since
God
Almighty
appointed
the
Censors
of
Corah
,
[
](B25323-e23360-b)(x)
(x)
Thuribula
,
&c.
nam
admoverunt
illa
coram
Jehova
;
Ideo
sancta
sunt
.
Num.
c.
17.
V.
3.
Dathan
and
Abiram
to
be
made
Plates
of
,
for
the
Altar
,
because
they
were
offered
before
the
Lord
,
and
therefore
were
Holy.
If
therefore
the
Censors
of
such
Sinners
were
holy
;
can
any
imagin
,
that
the
Cardinal
would
not
Judge
the
Chalices
,
&c.
such
?
Secondly
,
As
to
the
clause
of
the
Breve
,
I
shall
presently
shew
how
much
that
Power
was
enlarged
by
those
that
follow
,
and
even
in
that
it
is
left
to
the
Cardinals
discretion
,
to
do
it
if
he
thought
it
expedient
,
which
by
the
Faculties
he
had
after
,
was
not
required
of
him
,
and
so
he
most
absolutely
acquitted
all
of
them
,
as
will
appear
by
the
Dispensation
it self
.
From
hence
we
may
judge
the
Enviousness
of
the
[
](B25323-e23450-b)(y)
(y)
Pa.
7.
expressions
of
the
Author
of
the
Letter
to
Dr.
Burnet
,
that
the
discharging
what
was
past
,
The
envious
expressions
of
the
Letter
to
Dr.
Burnet
.
might
have
been
done
by
Cardinal
Pool
,
before
or
after
Restitution
as
he
pleased
;
but
Restitution
was
still
to
be
made
,
and
he
had
by
these
Powers
no
Authority
to
confirm
the
Alienations
that
had
been
made
by
King
Henry
the
8th
.
for
the
time
to
come
,
and
of
that
of
Dr.
Burnet
,
[
](B25323-e23540-b)(z)
(z)
Hist.
Reformation
2.
§.
p.
298.
Dr.
Burnets
frivulous
Inference
.
concerning
the
Lands
in
general
,
that
when
Men
were
near
Death
,
and
could
no
longer
enjoy
the
Lands
themselves
,
it
was
not
to
be
doubted
but
the
Terror
of
Sacrilege
and
the
Punishment
due
to
it
,
with
the
hope
of
that
relief
,
and
comfort
,
that
Soul-Masses
might
b●ing
them
in
Purgatory
,
would
prevail
with
many
of
them
to
make
at
least
great
,
if
not
entire
,
Restitution
;
or
that
of
his
[
](B25323-e23570-b)(a)
(a)
Letter
to
Dr.
Burnet
.
pa.
5.
Colleagues
,
that
it
was
most
likely
that
if
a
Priest
came
to
tell
them
a
frightful
Story
of
Purgatory
,
and
did
aggravate
the
heinousness
of
Sacrilege
,
they
would
easily
be
wrought
upon
to
take
care
of
themselves
in
the
next
World
,
and
leave
their
Children
to
their
shifts
in
this
,
and
that
every
fit
of
sickness
,
or
[
](B25323-e23600-b)(b)
(b)
Idem
pa.
11.
cross
accident
,
would
by
the
Priests
Rhetorick
look
like
the
beginning
of
the
Curse
which
fell
upon
Ananias
and
Saphira
,
&c.
Whereas
I
shall
make
it
appear
,
No
reason
for
such
scruples
.
that
Roman
Catholics
,
by
the
Popes
Dispensation
,
think
themselves
acquitted
in
foro
conscientiae
,
and
for
Protestants
I
think
they
entertain
no
such
scruples
:
Since
all
that
Sir
Henry
[
](B25323-e23680-b)(c)
(c)
De
non
Temerandis
Eccles●is
.
Spelman
hath
Writ
in
his
Book
,
that
Churches
are
not
to
be
violated
,
hath
hitherto
made
no
very
great
number
of
Converts
,
tho'
it
hath
been
Reprinted
five
times
.
But
these
two
Gentlemen
are
so
desirous
,
that
nothing
may
be
restored
to
Religious
Houses
,
yea
or
to
Parish
Churches
,
that
they
number
it
among
the
designs
formed
to
recover
[
](B25323-e23720-b)(d)
(d)
Letter
p.
5.
Concerning
the
Repeal
of
the
Statute
of
Mortmain
.
Abby-lands
,
that
the
Statute
of
Mortmain
was
repealed
for
Twenty
Years
,
which
Statute
,
saith
he
,
was
a
restraint
upon
profuse
endowments
of
Churches
,
and
the
suspending
of
it
,
for
so
long
a
time
,
gave
the
Monks
scope
and
Elbow
room
,
that
in
that
time
they
might
hope
the
most
part
of
them
would
be
restored
.
I
shall
not
enter
upon
the
considerations
,
that
induced
that
Statute
to
be
made
;
the
principal
of
which
was
,
that
Lands
given
to
Religious
Houses
,
&c.
were
exempt
from
several
burthens
payable
for
the
support
of
the
Public
,
so
that
the
more
were
given
,
the
less
assistance
the
Crown
would
have
in
Personal
Service
or
Aids
.
But
when
it
is
considered
how
vast
a
Portion
of
the
Patrimony
of
the
Church
was
swept
away
and
annexed
to
the
Crown
in
King
Henry
the
8th's
.
and
King
Edward
the
6th's
.
days
;
we
are
not
to
wonder
if
the
Statute
of
Mortmain
was
dispensed
with
for
such
a
time
,
that
the
Subjects
might
be
left
at
liberty
to
restore
to
Parishes
or
Religious
Houses
what
they
were
inclined
to
,
without
prohibition
:
But
as
it
effected
no
great
matter
,
and
was
so
few
Years
in
force
,
it
argues
more
spightfulness
than
Real
sense
of
prejudice
,
for
any
from
those
twin
Authors
once
to
insist
upon
it
.
I
now
proceed
to
the
consideration
of
the
previous
Breves
which
the
Author
[
](B25323-e23820-b)(e)
(e)
Pa.
9.10
.
of
the
Letter
to
Dr.
Burnet
mentions
,
and
makes
his
Comment
upon
:
And
so
boldly
affirms
,
The
disingenuous
.
that
the
whole
Transaction
was
a
public
cheat
put
upon
the
Nation
,
or
at
least
on
the
Possessors
of
the
Abby
lands
;
Inferences
of
the
Author
of
the
Letter
to
Dr.
Burnet
.
since
it
neither
granted
them
a
good
Title
in
Law
,
(
he
means
the
Canon
Law
)
or
gave
any
security
to
their
Consciences
in
enjoying
that
which
according
to
the
Doctrin
of
the
Church
of
Rome
is
plain
Sacrilege
—
and
that
it
is
plain
by
the
progress
of
this
matter
,
that
the
Court
of
Rome
never
intended
to
confirm
Abby-lands
;
for
all
that
was
done
by
Pool
was
only
an
Artifice
to
still
●ens
fears
,
and
to
lay
the
clamor
,
which
the
apprehension
of
the
return
of
Popery
was
raising
,
that
so
it
might
once
enter
with
less
opposition
,
and
then
it
could
be
easie
to
carry
all
lesser
matters
when
the
great
Point
was
once
gained
.
I
shall
now
therefore
shew
the
Insincerity
of
this
Author
and
the
legal
force
of
these
Breves
,
and
the
Act
of
Parliament
persuant
to
them
.
First
he
tells
us
out
of
the
[
](B25323-e23960-b)(f)
(f)
Idem
pa.
8.
New
Breves
obtained
with
larger
Powers
.
Register
,
that
the
Limitations
in
the
former
Breve
,
viz.
the
8th
.
of
March
1554.
were
so
distasteful
,
both
in
England
,
and
at
the
Emperors
Court
,
that
Pool
found
it
necessary
to
send
Ormanet
to
Rome
for
new
Instructions
,
and
fuller
Powers
,
and
Addressed
him
to
Cardinal
de
Monte
for
procuring
them
;
Ormanet
was
dispatched
from
Rome
in
the
end
of
June
1554.
and
came
to
Pool
by
the
end
of
July
,
as
appears
by
the
Date
of
Pools
Letter
to
the
Cardinal
de
Monte
,
which
is
the
29th
.
of
July
,
upon
the
receipt
of
the
two
Breves
that
Ormanet
brought
him
,
bearing
Date
the
26th
and
28th
of
June
1554.
How
the
Powers
of
the
first
Breve
are
concealed
by
the
Author
of
the
Letter
to
Dr.
Burnet
.
The
first
of
these
,
saith
the
Author
,
is
only
matter
of
Form
,
empowering
him
to
Act
as
a
Legate
,
either
about
the
Emperor
,
or
the
King
of
France
,
in
as
ample
manner
,
as
former
Legates
had
done
;
so
he
gives
us
no
Transcript
of
that
,
whereby
his
Insincerity
is
most
manifest
;
for
the
words
relating
to
this
affair
in
that
Breve
are
very
material
,
which
I
shall
give
you
Transcribed
from
the
Register
by
a
Reverend
person
in
whose
Possession
it
is
at
present
.
The
Breve
.
[
](B25323-e24210-b)(g)
(g)
Registrum
Negotiationum
Cardinalis
Poli.
At
licet
te
multis
&
quidem
amplissimis
facultatibus
,
quibus
etiam
in
partibus
Flandriae
exist●ns
,
quoad
personas
&
negotia
Regni
Angliae
uti
possis
;
per
diversas
nostras
,
tam
sub
plumbo
quam
in
forma
Brevis
confectas
literas
munivimus
,
prout
in
illis
plenius
continetur
:
Quia
tamen
ob
Schismata
&
alios
errores
quibus
dictum
Regnum
diutius
infectum
fuerit
,
multi
casus
potuerunt
contingere
qui
provisione
per
dictam
sedem
facienda
Indigebunt
,
&
sub
dictis
facultatibus
velut
Infiniti
,
&
inexcogitabiles
,
comprehendi
nequiverunt
,
&
insuper
à
nonullis
,
haesitatur
an
à
Facultatibus
hujusmodi
,
&c.
Nos
de
tuis
,
Fide
,
Pietate
,
Religione
,
Doctrinâ
&
prudentiâ
in
Domino
,
bene
confidentes
,
&
volentes
omnem
in
praemissis
haesitandi
materiam
amputare
!
Circum
spectioni
tuae
,
ut
ubicunque
fueris
,
&c.
Legationis
tuae
hujusmodi
durante
,
omnibus
&
singulis
tibi
concessis
,
&
in
posterum
concedendis
facultatibus
quoad
personas
,
&
Regni
negotia
,
&
Insularum
&
Dominiorum
hujusmodi
,
per
te
vel
per
alium
,
aliquem
,
juxta
ipsarum
facultatum
continentiam
,
&
tenorem
uti
,
ac
omnes
&
singulos
quae
tibi
per
Omnipotentis
Dei
ac
nostro
&
ejusdem
sedis
honore
,
nec
non
Regni
,
Insularum
,
&
Dominiorum
praedictorum
ad
sanctae
Ecclesiae
Communionem
reductionem
,
ac
personarum
in
illis
existentium
animarum
saluti
expedire
Judicaveris
,
etiam
si
ea
,
in
generali
mandato
,
&
facultatibus
tibi
alias
concessis
non
veniant
;
sed
spec●alem
expressionem
,
&
mandatum
magis
sp●ciale
requirant
,
dicere
,
facere
,
exercere
,
&
exequi
&
Apostolica
Autoritate
tenore
presentium
concedimus
,
&
Indulgemus
,
&
facultates
tibi
concessas
praedictas
ad
haec
omnia
extendimus
:
Non
obstantibus
,
&c.
The
Breve
Englished
.
In
English
thus
.
Altho'
we
have
Impowered
thee
with
many
,
and
those
most
ample
Faculties
by
divers
of
our
Letters
,
as
well
made
under
Lead
as
in
the
Form
of
Breves
,
which
while
thou
Residest
in
Flanders
,
thou
mayest
use
,
as
well
to
the
Persons
as
to
the
Affairs
of
the
Kingdom
of
England
,
as
it
is
more
fully
contained
in
them
.
But
by
reason
of
the
Schisms
and
other
Errors
with
which
the
said
Kingdom
hath
been
long
Infected
,
many
cases
may
happen
which
may
need
Provisions
to
be
made
by
the
said
See
,
and
being
as
it
were
Infinite
and
not
to
be
before
thought
of
,
cannot
be
comprehended
under
the
said
Faculties
,
and
likewise
it
is
doubted
by
some
,
whether
thou
be
Impowered
by
the
same
Faculties
,
&c.
We
in
the
Lord
well
confiding
in
thy
Faith
,
Piety
,
Religion
,
Learning
,
and
Prudence
,
and
willing
to
cut
off
all
cause
of
doubting
in
the
premises
to
thy
circumspection
where
ever
thou
art
,
&c.
During
this
thy
Legation
,
give
thee
Power
to
use
by
thy self
;
or
any
other
,
according
to
the
Contents
and
Tenor
of
the
said
Faculties
all
and
singular
the
same
already
granted
to
thee
,
or
to
be
granted
to
thee
f●r
the
Persons
and
Affairs
of
the
Kingdom
,
and
the
Isles
and
Dominions
of
the
same
,
and
to
Pronounce
,
Do
,
Exercise
,
and
Prosecute
,
all
and
singular
things
which
for
the
Honor
of
Almighty
God
and
ours
and
the
said
See
,
as
also
for
the
Reduction
of
the
said
Kingdom
,
Isles
and
Dominions
to
the
Communion
of
the
Holy
Church
,
and
the
health
of
the
Souls
of
the
persons
living
in
the
same
,
thou
shalt
think
expedient
altho'
they
fall
not
within
the
general
Command
and
Faculties
otherwise
granted
to
thee
,
but
require
special
Expression
and
Command
,
and
by
Apostolical
Authority
,
by
the
Tenure
of
these
Presents
,
we
Grant
and
Indulge
,
and
Extend
to
all
these
the
foresaid
Faculties
granted
to
thee
,
&c.
Can
any
one
that
Reads
this
Breve
be
so
ignorant
as
to
think
this
contained
matter
of
Form
only
?
whereas
on
the
contrary
it
rather
Imports
a
General
and
Unlimited
Power
given
the
Cardinal
,
to
grant
every
thing
that
tended
to
the
Honor
of
God
,
the
Pope
,
&c.
which
in
the
Opinion
of
all
Roman
Catholics
nothing
could
more
effectually
do
,
than
the
reducing
the
Kingdom
,
&c.
to
the
Communion
of
the
Catholic
Church
.
The
second
Breve
of
the
28th
.
of
June
,
being
to
be
found
,
[
](B25323-e24450-b)(h)
(h)
Letter
to
Dr.
Burnet
.
Printed
at
length
in
the
said
Letter
,
I
shall
not
Transcribe
the
Latin
,
but
only
Translate
it
,
the
Tenor
follows
.
Whereas
in
the
late
Months
by-past
,
The
Breve
of
the
28th
.
of
June
1554.
hope
was
given
us
,
by
Gods
Mercy
,
and
the
great
Religion
and
Piety
of
our
dearest
Daughter
in
Christ
,
Mary
Queen
of
England
,
that
the
most
Noble
Kingdom
of
England
,
which
very
long
,
by
the
Impiety
of
some
was
torn
from
the
Body
of
the
rest
of
the
Catholic
Church
,
would
be
reduced
to
the
Union
of
the
said
Catholic
and
Universal
Church
,
without
which
Salvation
can
be
to
none
;
therefore
we
destine
thee
to
the
said
Queen
Mary
,
and
to
all
that
Kingdom
,
as
Legat
à
Latere
of
us
and
the
Apostolic
See
,
as
an
Angel
of
Peace
and
Concord
,
by
the
Counsel
and
Unanimous
assent
of
our
Venerable
Brethren
the
Cardinals
of
the
Holy
Roman
Church
;
and
have
Impowered
thee
with
all
the
Faculties
which
we
have
thought
necessary
to
the
effecting
so
great
a
business
,
or
are
any
way
seasonable
for
it
;
and
among
other
things
have
given
Authority
and
Faculty
to
thy
Circumspection
,
to
Accord
,
and
Transact
with
the
Possessors
of
Ecclesiastical
Goods
;
concerning
all
the
Fruits
unjustly
received
,
and
the
Moveable
Goods
wasted
,
and
them
to
free
and
acquit
when
it
can
be
done
,
as
in
our
Letters
thereupon
made
it
is
more
fully
contained
.
Whereas
for
these
beginnings
,
which
by
the
Industry
and
dilgence
,
and
right
and
constant
mind
to
God
of
the
said
Mary
,
and
in
that
matter
by
thy
co-operating
Study
and
Counsel
,
the
foresaid
work
of
Reduction
in
the
said
Kingdom
to
this
Day
hath
,
and
the
perfection
of
the
said
Famous
work
is
dayly
more
to
be
hoped
;
and
the
matter
may
be
known
,
thereby
to
have
more
easie
progress
,
so
much
the
more
,
as
we
shew
hope
of
Apostolical
Benignity
and
Indulgence
in
the
Possessions
of
the
Ecclesiastical
Goods
occupied
by
the
Men
of
that
Province
in
the
confusion
of
the
late
times
.
We
not
willing
for
any
Earthly
respects
to
hinder
such
a
recovery
of
a
Nation
,
the
most
beloved
of
us
in
Christ
,
after
the
custom
of
an
Holy
Father
towards
Sons
of
us
and
the
Holy
Catholic
Church
,
after
a
long
time
of
dangerous
Travel
abroad
,
meeting
them
that
look
back
and
return
,
with
a
wished
Embrace
:
In
whose
excellent
Vertue
,
singular
Piety
,
Learning
,
Wisdom
and
Dexterity
,
we
having
in
the
Lord
full
trust
,
at
thy
own
Arbitrement
by
our
Authority
,
give
thee
full
Power
of
Treating
,
Agreeing
,
Transacting
and
Compounding
with
whatever
Possessors
or
Detainers
of
Ecclesiastical
Goods
,
as
well
Moveable
,
as
Immoveable
in
the
said
Kingdom
;
for
whom
the
said
most
Serene
Queen
Mary
,
shall
Intercede
and
give
the
full
and
free
Apostolical
Authority
by
the
Tenor
of
these
Presents
,
and
of
certain
knowledge
to
dispense
with
them
,
that
they
may
retain
the
said
Goods
without
any
scruple
for
the
future
,
and
of
concluding
,
and
doing
all
and
singular
other
things
which
in
these
and
about
these
are
any
way
necessary
and
seasonable
;
saving
however
in
these
matters
,
in
which
for
the
greatness
and
the
weightiness
of
them
this
Holy
See
of
due
may
be
thought
by
thee
to
be
consulted
,
our
and
the
said
Sees
good
Will
and
Confirmation
,
notwithstanding
the
Letters
of
Pope
Paul
the
2d
.
our
Predecessor
of
happy
Memory
,
of
not
Alienating
Church-Goods
,
unless
by
observing
a
certain
Form
,
or
any
other
Apostolical
Edicts
,
General
or
special
Constitutions
and
Ordinations
in
Provincial
or
Syn●dal
Councils
,
or
any
Oath
,
or
Apostolic
Confirmation
of
any
Churches
,
Monasteries
,
or
other
Regular
or
Holy
Places
,
or
by
any
other
Firmness
corroborated
,
Foundations
,
Statutes
and
Cust●ms
,
having
their
Tenors
sufficiently
expressed
,
to
the
contrary
whatsoever
.
The
insincerity
of
the
Author
of
the
Letter
to
Dr.
Burnet
.
From
this
Breve
the
Author
of
the
Letter
would
Insinuate
,
that
the
Salvo
took
all
away
,
and
vacated
all
the
Concession
of
the
Pope
,
to
make
which
the
more
probable
he
renders
the
Salvo
thus
,
that
he
reserves
all
to
the
Popes
Confirmation
and
good
pleasure
in
all
those
things
that
were
of
such
Importance
,
that
the
Holy
See
ought
first
to
be
consulted
by
Pool
;
which
even
as
this
Translator
renders
it
,
may
but
seem
a
necessary
Reservation
,
because
some
matter
of
great
Importance
,
might
require
it
;
but
as
it
is
in
the
[
](B25323-e24680-b)(i)
(i)
Haec
sancta
sedes
merito
tibi
●ideretur
conjulenda
.
Breve
it
is
onlly
in
such
things
as
should
to
the
Cardinal
se●m
fit
,
that
the
Holy
See
should
be
consulted
;
and
I
have
not
yet
Read
that
the
Cardinal
found
any
further
cause
to
consult
the
Pope
,
or
obtain
greater
Powers
:
For
he
makes
the
dispensation
general
without
any
such
Reservation
,
and
it
is
well
known
that
when
the
Emperor
and
Granvillanus
Bishop
of
Arras
,
afterwards
Cardinal
,
understood
this
Breve
was
sent
,
they
said
if
they
had
known
the
extent
of
it
,
they
had
not
Importuned
the
Pope
any
further
,
and
our
Friend
of
Dr.
[
](B25323-e24720-b)(k)
(k)
Pa.
14.
Burnets
saith
,
that
by
Ormanets
Letter
it
appears
,
that
these
last
Powers
gave
the
Emperor
full
satisfaction
,
and
were
not
at
all
excepted
against
;
only
Granvillanus
made
some
difficulty
in
one
Point
;
whether
the
settlement
of
the
Church
lands
should
be
granted
as
a
Grace
of
the
Popes
,
by
the
Cardinals
hands
Immediately
to
the
Possessors
,
or
should
be
granted
to
Philip
and
Mary
,
and
by
that
means
to
the
Possessors
;
for
it
seems
,
saith
he
,
it
was
thought
a
surer
way
to
engage
the
Crown
to
maintain
what
was
done
;
if
the
Pope
were
engaged
for
it
to
the
Crown
,
with
which
he
would
not
venture
so
easily
to
break
,
as
he
might
perhaps
do
with
the
Possessors
themselves
:
But
,
continues
he
,
Ormanet
gave
him
full
satisfaction
in
that
matter
,
for
the
manner
of
settling
it
being
referred
wholly
to
the
Cardinal
by
his
Powers
,
he
promised
he
would
order
it
in
the
way
that
should
give
the
Nation
most
content
.
Having
thus
removed
all
the
difficulties
I
have
met
with
,
and
the
objecti●ns
against
the
fulness
of
Cardinal
Pools
Powers
granted
by
Pope
Julius
the
3d.
It
is
full
time
to
consider
the
Transactions
of
the
Cardinal
in
order
to
his
Execution
of
the
same
Powers
,
to
the
quieting
of
the
Possessors
Consciences
,
and
securing
them
from
all
Ecclesiastical
censures
.
SECT.
VIII
.
Cardinal
Pools
confirmation
of
Abby-lands
,
to
the
present
Possessors
,
and
the
Act
thereupon
.
BEfore
I
give
you
an
account
of
the
Act
it self
,
I
think
it
necessary
to
shew
the
Cardinals
Progress
towards
the
Reconciliation
,
which
was
the
Foundation
of
the
Confirmation
of
the
Abby
and
Chantry
Lands
given
to
King
Henry
the
8th
.
and
Edward
the
6th
.
by
the
respective
Acts
of
Parliament
;
which
Relation
I
extract
out
of
Duditius
in
his
Life
of
Cardinal
Pool
,
an
Author
I
shall
have
occasion
to
mention
hereafter
.
[
](B25323-e24940-b)(a)
(a)
Duditius
p.
26.
A.
B.
He
had
been
attainted
by
Act
of
Parliament
and
that
was
taken
off
two
days
before
viz.
22.
Novem.
In
September
1554.
in
the
Company
of
the
Lord
Paget
and
Hastings
,
(
sent
by
the
King
for
that
purpose
)
Cardinal
Pool
arrived
at
Callice
,
and
there
met
six
of
the
Kings
Ships
sent
for
him
.
At
Dover
the
Bishop
of
Ely
and
the
Lord
Montacute
met
him
,
and
at
Gravesend
the
Bishop
of
Durham
and
the
Earl
of
Salisbury
,
who
brought
with
them
the
Act
of
Parliament
for
his
Restitution
under
the
Broad
Seal
.
Then
he
took
Shipping
,
and
by
their
Majesties
appointment
had
the
Silver
Cross
(
the
Emblem
of
his
Apostolic
Legatship
)
placed
in
the
fore
Deck
of
his
Vessel
,
and
accompanied
with
many
Boats
and
Barges
he
came
to
the
Court
;
the
[
](B25323-e25090-b)(b)
(b)
Id.
p.
27.
The
Reception
of
the
Cardinal
.
Bishop
of
Winchester
,
Lord
Chancellor
met
him
at
the
Shore
,
and
presently
the
King
also
,
and
the
Queen
received
him
at
the
top
of
the
Stairs
.
Having
staid
some
while
with
their
Majesties
,
he
was
by
the
Bishop
of
Winchester
and
several
Nobles
conducted
to
L●mbeth
,
which
the
Queen
had
caused
to
be
Richly
furnished
for
his
Reception
.
After
three
Days
he
waited
on
the
King
,
who
met
him
out
of
his
Bed-Chamber
,
bringing
a
bundle
of
Letters
directed
to
him
,
lately
brought
from
Rome
,
and
with
them
the
Pope
sent
an
[
](B25323-e25160-b)(c)
(c)
Cum
eoque
Pontisex
Facultatum
Legati
Amplisicationem
miserat
quae
maxime
expetebatur
Id.
p.
27.
b.
Amplification
of
his
Powers
,
which
was
greatly
desired
saith
my
Author
,
by
which
expression
it
is
manifest
,
that
this
Bull
was
satisfactory
.
The
Day
after
the
King
gave
a
visit
to
the
Legat
;
and
there
they
had
Conference
,
how
the
Kingdom
of
England
might
be
revoked
to
the
Unity
of
the
Church
.
The
Cardinals
Speech
to
the
Houses
.
The
next
Day
the
Cardinal
came
to
the
Parliament
,
and
Lord
High
Chancellor
made
a
Speech
to
the
Houses
,
letting
them
know
how
the
Cardinal
was
sent
as
Legat
from
the
Pope
to
their
Majesties
and
all
the
Kingdom
of
England
;
and
having
explained
to
their
Majesties
the
Commission
of
his
Legatship
,
in
the
Audience
of
all
,
The
Cardinal
in
the
English
Tongue
made
a
long
[
](B25323-e25230-b)(d)
(d)
Has
viz.
Leges
quod
ill●
abrog●sse●t
,
iis
sese
pro
tamo
benefi●●o
grati●s
ag●●e●e●
&
bab●tu●um
semper
,
quantas
possit
maximas
,
atque
hoc
quidem
Beneficium
eo
sibi
contigisse
gratius
,
quod
facultatem
sibi
praeberet
,
vicissim
illis
Inservi●●i
intanta
re
,
&
causâ
quae
tantopere
ad
eorum
incolumitatem
&
s●lutem
pertineret
,
seque
Illuc
propterea
venisse
at
quemadmodum
ab
illis
in
terrenam
patriam
,
&
nobilitatem
Restitutus
ipse
fu●rat
,
ita
rursu●
eos
in
coelestem
Patriam
,
a●
Nobilitatem
Rest●turet
,
qua
ipsimet
sese
tum
privassent
,
cum
ab
Ecclesiae
unitate
desciverant
.
Idem
.
p.
27.
b.
Oration
,
thanking
them
for
the
taking
off
the
Laws
that
hindred
him
from
entring
the
Kingdom
,
and
this
favor
he
●●●d
was
the
more
acceptable
to
him
,
in
that
it
gave
him
a
Power
,
on
his
part
,
to
serve
them
in
such
a
matter
and
cause
,
which
so
greatly
appertained
to
their
safety
and
Salvation
:
That
he
came
thither
for
that
cause
,
that
as
by
them
he
was
restored
to
his
Earthly
Country
,
and
Nobility
,
so
on
his
part
he
might
restore
them
to
their
Heavenly
Country
and
Nobility
,
which
they
had
deprived
themselves
of
,
when
they
departed
from
the
Unity
of
the
Church
.
Then
he
remembred
them
what
Calamities
they
had
undergone
,
how
great
a
Benefit
by
the
great
bounty
of
God
was
proposed
to
them
,
and
how
great
benefits
in
all
times
,
especially
from
the
Apostolic
See
,
were
afforded
them
,
that
they
might
at
length
acknowledge
the
Errors
of
former
times
,
and
truly
and
from
their
Souls
detest
them
,
and
exhorted
them
,
that
with
all
alacrity
of
Soul
,
they
would
receive
and
studiously
retain
the
benefit
,
that
God
in
the
Name
of
his
Vicar
by
his
Legatship
had
brought
to
them
.
That
it
now
remained
that
since
he
was
come
,
and
brought
the
Keys
by
which
he
might
open
the
Doors
of
the
Church
to
them
,
and
as
they
had
opened
a
Passage
to
him
into
his
Country
,
by
abrogating
the
Laws
which
shut
him
out
,
so
on
the
other
side
he
desired
they
would
abolish
all
Laws
which
were
made
against
the
Apostolic
See
,
by
which
they
were
wholly
cut
off
and
torn
from
the
rest
of
the
Body
of
the
Church
.
While
the
Legat
spoke
these
things
,
all
heard
him
with
great
attention
and
silence
,
and
many
often
lift
up
their
hands
that
one
might
observe
they
were
much
moved
,
and
received
no
small
Edification
by
the
Speech
of
the
Legat.
Then
the
Chancellor
,
in
the
Name
of
the
King
and
the
whole
Parliament
,
gave
the
Legat
thanks
,
and
told
him
that
they
would
deliberate
among
themselves
of
those
things
he
had
spoken
.
The
resolves
of
the
Parliament
conformable
to
the
Legats
Speech
.
The
Legat
being
withdrawn
into
the
next
Chamber
,
the
Chancellor
made
a
Speech
to
the
Parliament
,
relating
the
summ
of
the
Legats
Speech
,
and
acknowledging
,
that
he
himself
was
one
of
those
that
had
fallen
;
and
admonished
them
how
great
the
benefit
of
God
to
them
was
,
that
all
might
again
arise
and
exhorted
them
to
receive
the
pardon
offered
them
.
At
the
next
meeting
,
the
Day
after
,
[
](B25323-e25330-b)(e)
(e)
Cum
de
eo
relatum
esset
,
ut
ad
Ecclesiae
unitatem
rediretur
.
Id
omnes
mirifica
consensione
approbarunt
.
all
with
a
wonderful
assent
yielded
to
return
to
the
Unity
of
the
Church
.
The
Legats
appearance
at
the
Parliament
on
the
day
of
the
Reconciliation
.
The
Day
following
,
being
St.
Andrews
Day
,
the
Parliament
assembled
,
the
King
sent
the
Earl
of
Arundel
,
High
Steward
of
the
House
,
and
six
other
Noblemen
,
Knights
of
the
Garter
,
and
as
many
Bishops
to
bring
him
to
the
Palace
,
where
the
Houses
convened
.
The
Legat
was
Apparelled
with
the
Ornaments
accustomed
,
and
had
all
the
Ensigns
of
his
Legatship
,
and
was
received
with
much
Honor
by
their
Majesties
.
The
Lord
Chancellor
declared
what
was
done
the
day
before
,
and
asked
all
present
whether
they
would
confirm
them
,
and
[
](B25323-e25390-b)(f)
(f)
Vt
ipsorum
nomine
venia
peteretur
&
ad
Ecclesiae
vnitatem
ac
Pont.
Rom.
supremi
ejus
capitis
obedientiam
rediretur
.
Id
●unctis
,
magno
clamore
,
assentientibus
.
in
their
Names
that
pardon
should
be
asked
,
and
whether
they
would
return
to
the
unity
of
the
Church
,
and
the
Obedience
of
the
Pope
,
Supream
head
of
it
.
To
this
every
one
with
a
great
noise
assented
.
The
Petion
of
the
Houses
for
Absolution
.
Then
the
Lord
Chancellor
delivered
their
Majesties
the
Petition
of
the
Houses
,
in
which
they
all
declared
their
Penitence
for
their
by-past
Schism
,
and
for
all
things
which
they
had
admitted
against
the
Apostolic
See
and
the
Church
of
Rome
,
and
they
professed
as
much
as
in
them
lay
,
in
that
very
Parliament
to
disannul
all
those
Laws
which
were
made
against
the
Authority
of
the
Apostolic
See
and
Church
of
Rome
,
and
prayd
their
[
](B25323-e25440-b)(g)
(g)
Reges
ipsos
oraeb●nt
,
utpo●e
quos
Deus
ab
●ac
labe
puros
a●que
Int●gros
conservasse●
,
veniam
sibi
à
Pont.
Max.
per
ejus
L●ga●um
Impetrarent
,
ut
in
gremium
ma
ris
Ecclesiae
,
ta●quam
Filii
reciperentur
,
quos
eorum
o●anium
,
qu●e
in
●llam
an●e●
deliquissent
vere
atque
ex
animo
poeni●eret
;
u●que
ejusdem
corpori
,
à
quo
divulsi
fuerant
,
velut
Germana
&
viva
membra
rursus
agglutinarentur
.
Majesties
,
whom
God
had
kept
pure
and
whole
from
that
stain
,
to
intreat
Pardon
for
them
from
the
Pope
by
his
Legat
,
and
that
he
would
receive
them
as
Children
into
the
bosom
of
the
Church
,
repenting
them
truly
and
from
their
Souls
of
all
things
wherein
they
had
sinned
against
it
,
and
that
he
would
conjoyn
them
again
as
Brotherly
and
living
Members
,
to
that
Body
from
which
they
were
torn
.
The
Queen
desires
the
Cardinal
to
grant
it
.
When
their
Majesties
had
Read
this
Petition
,
they
gave
it
again
to
the
Lord
Chancellor
,
who
Re●d
it
aloud
,
that
all
might
hear
it
,
and
their
Maj●sties
arising
moved
towards
the
Legat
,
who
readily
met
them
,
and
the
Queen
both
in
her
own
and
the
Kings
Name
,
desired
that
according
to
the
Petition
he
would
grant
Pardon
to
the
whole
Kingdom
,
and
would
gather
it
again
to
the
Unity
of
the
Church
.
The
Cardinals
Powers
Read.
Then
the
Legat
,
after
all
were
seated
,
caused
to
be
(
h
)
Read
the
Bulls
and
Breves
and
Powers
which
appertained
to
his
Legatship
,
(i)
Recit●ri
juss●●
quae
ad
L●ga●io●em
&
facultates
per●inebant
.
●ullam
vocant
&
Br●via
.
The
Cardinals
Speech
.
which
being
done
he
made
a
Speech
,
and
told
them
how
they
ought
to
return
Eternal
praise
to
the
Everlasting
God
,
who
had
given
them
such
eminent
helps
to
amend
their
Errors
and
plainly
had
declared
that
he
had
a
special
care
of
that
Kingdom
,
even
as
in
old
times
of
the
Church
,
he
had
bestowed
such
favors
on
the
English
,
that
they
,
the
first
of
all
others
,
having
left
the
Errors
of
the
Gentiles
,
had
with
public
consent
embraced
the
Worship
of
the
True
God
,
so
now
he
had
afforded
that
Grace
to
them
,
when
they
had
disjoyned
themselves
from
the
Church
,
that
they
the
first
of
all
others
,
should
acknowledge
how
greatly
they
had
offended
,
and
if
[
](B25323-e25540-b)(i)
(i)
Quod
si
eos
vere
,
atque
ex
animo
poeniteret
,
quantum
gaud●i
putandum
esse
capere
Angelos
ex
tanti
populi
tamque
Ampli
Regni
conversione
,
quibus
vel
unius
peccatoris
poenitens
animus
incredibilem
afferre
laetitiam
soleret
?
Haec
,
atque
alia
permulta
cum
Legatus
diceret
,
visi
sunt
omnes
vehementer
commoveri
.
they
truly
,
and
from
their
Souls
were
Penitent
,
how
much
joy
was
it
to
be
thought
the
Angels
would
have
,
at
the
Conversion
of
such
a
People
,
and
so
great
a
Kingdom
,
when
as
the
Penitent
Soul
of
one
Sinner
,
did
wont
to
bring
such
ineredible
joy
to
them
?
While
the
Legat
spake
these
,
and
many
more
things
to
them
,
they
all
seemed
to
be
much
moved
,
saith
my
Author
.
Then
the
Legat
[
](B25323-e25570-b)(k)
(k)
Tum
surrexit
ipse
,
&
cum
omnes
in
genua
procubuissent
;
universos
,
Anglice
loquens
,
A●solvit
:
ac
dum
il●e
Absolution●m
tribueret
,
Reginae
&
plerique
aliis
,
prae
gaudio
summoque
pic●atis
studio
obortae
sunt
Lachrymae
;
omnesque
,
absolutione
peracta
,
amanter
inter
se
Ample
cabantur
;
atque
haec
verba
saepius
usurpantes
,
hodie
renati
sumus
,
mutuo
gra●ulab●ntur
.
arose
and
when
all
had
kneeled
on
their
Knees
;
in
English
he
absolved
them
all
,
and
had
scarce
Pronounced
the
last
words
in
the
Name
of
the
Father
,
Son
and
Holy
Ghost
,
before
all
,
with
one
Voice
,
said
Amen
,
Amen
,
and
while
Absolution
was
giving
,
the
Queen
,
and
several
others
out
of
their
great
●iety
wept
for
joy
,
and
the
Absolution
being
passed
,
they
embraced
one
another
,
and
mutually
rejoyced
,
often
expressing
themselves
,
that
that
day
they
were
born
again
.
Thence
they
went
to
the
Chappel
Royal
,
and
Te
Deum
was
Sung.
Thus
I
have
given
you
faithfully
what
my
Author
(
present
no
doubt
at
the
Action
)
hath
given
an
account
of
.
You
may
in
Mr.
Fox
see
the
Letter
writ
by
King
Philip
to
the
Pope
,
giving
him
an
account
of
that
Days
performance
,
Dated
on
St.
Andrews
Even
,
November
30.
1554.
and
another
from
the
Cardinal
Dated
ult.
November
.
I
shall
now
acquaint
you
with
what
I
find
in
the
Journal
of
the
House
of
Commons
relating
to
this
business
,
whereby
the
truth
of
Duditius
his
Relation
will
the
better
appear
.
An
account
of
these
matters
out
of
the
Journal
of
the
House
of
Commons
.
November
19th
.
The
Master
of
the
Rolls
and
Mr.
Sollicitor
brought
from
the
Lords
the
Bill
to
Repeal
the
Attainder
of
Gardinal
Pool
,
made
31
H.
8.
and
it
was
Read
the
second
time
that
day
.
November
20th
.
The
Bill
to
Repeal
the
Attainder
of
Cardinal
Pool
,
was
Read
the
third
time
,
and
Assented
to
.
November
21
the
same
Bill
was
sent
to
the
Lords
,
and
Mr.
Treasurer
declared
that
the
King
and
Queen
would
be
to
Morrow
Afternoon
in
the
Parliament
House
,
to
give
their
Assent
to
the
said
Bill
.
November
22.
About
three
a
Clock
Afternoon
in
the
Parliament
Chamber
the
Royal
consent
was
given
to
the
Bill
for
Cardinal
Pool
,
and
so
made
a
perfect
Bill
.
November
27.
Mr.
Secretary
Peter
declared
the
King
and
Queens
pleasures
to
be
,
that
the
House
be
to
Morrow
at
the
Court
,
to
hear
a
Declaration
by
the
Lord
Cardinal
of
his
Legacy
.
November
28
Mr.
Speaker
Declared
the
Legacy
of
the
Cardinal
,
was
to
move
us
to
come
again
to
the
Unity
of
the
Church
from
which
we
were
fallen
.
The
Master
of
the
Rolles
and
Mr.
Sollicitor
declared
from
the
Lords
,
that
they
had
appointed
the
Lord
Chancellor
,
four
Earls
,
four
Bishops
,
and
four
Barons
to
confer
with
a
number
of
this
House
,
who
Immediately
were
sent
unto
them
.
The
Lords
aforesaid
,
together
with
the
Commons
of
the
House
appointed
,
devised
a
Supplication
to
the
King
and
Queens
Majesties
,
which
was
here
Ingrossed
and
agreed
by
the
House
to
be
presented
to
the
King
and
Queen
,
whereby
the
Realm
,
and
Dominion
might
be
again
united
to
the
Church
of
Rome
,
by
the
means
of
the
Lord
Cardinal
Pool
.
Vltimo
Novemb.
This
Afternoon
,
before
the
King
and
Queens
Majesty
at
the
Palace
,
the
Lords
and
Commons
being
present
,
the
Supplication
was
Read
in
Latin
,
and
exhibited
by
their
Majesties
to
the
Lord
Legat
,
who
making
and
Oration
of
the
great
Joy
for
the
return
of
lost
Sheep
,
did
,
by
the
Popes
Holiness's
Authority
give
Absolution
to
the
whole
Realm
,
and
the
Dominions
of
the
same
.
December
4th
.
Mr.
Atturney
and
Mr.
Sollicitor
,
brought
a
Bill
(
viz.
A
List
of
Names
)
of
divers
of
the
Upper
House
,
requiring
a
number
of
this
House
to
confer
with
them
,
&c.
Which
Immediately
were
named
,
viz.
the
whole
Council
of
the
House
(
that
is
,
all
the
Members
of
that
House
who
were
of
the
King
and
Queens
Privy
Council
)
and
Twenty
one
Knights
and
Burgesses
sent
up
to
the
Lords
.
On
St.
Stephen's
Day
,
Mr.
Serjant
Dyer
,
and
Mr.
Sollicitor
brought
from
the
Lords
the
Bill
to
Repeal
certain
Acts
touching
the
Supremacy
,
which
was
Read
next
Day
,
and
the
second
time
Read
,
29th
.
December
.
Upon
the
last
of
December
,
there
were
Arguments
touching
the
Bill
of
the
Supremacy
;
and
upon
the
2d
.
of
January
,
Arguments
upon
the
same
Bill
.
The
same
Day
is
thus
entred
the
great
Bill
touching
the
Repeal
of
Acts
against
the
See
of
Rome
,
and
Assurance
of
Abby-lands
and
Chantry
Lands
Read
the
3d.
time
,
and
Assented
to
.
By
this
Journal
it
appears
,
that
the
Reconciliation
was
first
performed
,
before
the
Bill
for
the
securing
of
Abby-lands
was
perfected
in
the
Houses
:
So
that
all
the
Members
of
both
Houses
being
absolved
,
in
the
Name
of
the
whole
Realm
,
there
could
be
no
Objection
against
their
unqualifiedness
by
any
Church
Censures
,
to
pass
that
Bill
,
which
is
of
no
small
moment
to
be
considered
.
Whence
you
may
Judge
concerning
what
Mr.
[
](B25323-e26120-b)(l)
(l)
Marty
.
part
3.
fol.
113.
Fox
Writes
,
That
about
the
time
of
the
Absolution
,
a
Messenger
was
sent
from
the
Parliament
to
the
Pope
,
to
desire
him
to
Establish
the
Sale
of
Abby
and
Chantry
Lands
;
for
the
Lords
and
the
Parliament
would
grant
nothing
on
the
Popes
behalf
,
before
their
Purchases
were
well
secured
.
As
to
a
Messengers
sending
,
no
doubt
several
dispatches
,
were
made
to
and
from
Rome
during
this
Transaction
,
but
I
cannot
conceive
that
in
so
short
a
time
a
Currier
could
go
and
come
from
Rome
,
and
bring
new
Powers
to
the
Cardinal
,
yet
I
will
not
insist
upon
that
.
But
I
believe
he
Writes
truly
,
that
what
preparation
soever
was
made
,
by
Debates
,
Conferences
,
&c.
concerning
the
Repeal
of
other
Laws
against
the
See
of
Rome
,
they
never
passed
into
Bills
,
till
the
Bill
for
securing
Religious
Lands
was
perfected
.
Hence
we
may
conclude
the
Reason
why
the
Solemn
Procession
,
related
in
Mr.
Fox
was
not
till
the
25th
.
of
January
,
after
this
Parliament
was
Dissolved
,
which
was
on
the
16th
.
of
the
same
Month
,
which
Procession
,
[
](B25323-e26250-b)(m)
(m)
Hist.
Reformation
,
part
2.
fol.
300.
Dr.
Burnet
saith
,
was
to
thank
God
for
the
Reconciling
them
again
to
the
Church
:
And
to
keep
up
a
constant
remembrance
of
it
,
it
was
ordered
that
St.
Andrews
Day
should
be
still
observed
as
the
Anniversary
of
it
,
and
be
called
the
Feast
of
the
Reconciliation
,
and
Processions
,
with
all
the
highest
Solemnities
they
at
any
time
use
,
were
to
be
on
that
day
.
Duditius
tell
us
,
That
there
was
every
where
great
[
](B25323-e26340-b)(n)
(n)
Vita
Cardinalis
Pol.
p.
30.
De
Angliae
ad
Pristinam
Fidem
reditu
magna
ubique
gratulatio
facta
est
,
magnaque
laetitiae
significatio
.
Omnibus
locis
supplicationes
decretae
,
ac
meritae
Deo
gratiae
actae
sunt
:
Praeterea
Julius
III.
Pont.
Max.
amplissimum
Jubilaeum
promulgavit
.
rejoycing
for
the
return
again
of
England
to
the
ancient
Faith
,
and
great
expressions
of
the
joy
:
In
all
places
Prayers
being
decreed
,
and
due
Thanks
returned
to
God.
Besides
which
,
Pope
Julius
III.
published
a
most
ample
Jubilee
upon
that
occasion
.
And
there
was
good
reason
for
it
in
all
the
Territories
of
the
Roman
Catholic
Communion
that
had
any
regard
for
England
,
since
it
was
the
greatest
revolution
of
that
Age
;
and
no
less
to
be
wondred
at
,
than
that
K.
Henry
VIII
.
could
suppress
so
many
Abbies
in
such
a
way
as
he
did
.
Having
given
you
this
prospect
of
the
conduct
of
this
great
affair
,
I
come
now
to
the
Act
if
self
,
which
in
Pulton
is
entituled
,
All
Statutes
against
the
See
of
Rome
repealed
.
The
Act
wherein
Abby-Lands
are
confirm'dto
the
Possessors
.
1
&
2
Ph.
&
Mar.
6.8
.
The
first
supplication
for
reconciliation
.
Repeal
of
several
Statutes
,
according
to
promise
.
The
Act
first
recites
,
That
much
false
Doctrin
had
been
preached
and
written
since
the
20th
.
of
King
Henry
VIII
.
How
Cardinal
Pool
was
sent
from
Rome
,
Legat
de
Latere
,
to
call
the
Realm
into
the
right
way
from
whence
it
had
strayed
.
Then
relates
at
length
the
supplication
of
the
Parliament
to
the
King
and
Queen
,
to
be
a
mean
to
reduce
them
into
the
Catholic
Church
,
by
their
intercession
with
the
Legat-Cardinal
;
for
which
I
refer
you
to
the
Statute
.
Then
immediatly
follows
a
Repeal
of
all
Statutes
made
against
the
Supremacy
,
and
See
Apostolic
,
since
the
time
of
the
Schism
;
in
accomplishment
of
their
promise
made
in
their
supplication
.
Upon
which
,
at
the
intercession
of
their
Majesties
,
by
the
Authority
of
their
holy
Father
Pope
Julius
III.
and
of
the
Apostolic
See
,
they
were
assoyled
,
How
they
were
absolved
.
discharged
and
delivered
from
Excommunications
.
Interdictions
,
and
other
Censures
Ecclesiastical
,
which
had
hanged
over
their
heads
for
their
said
defaults
,
since
the
time
of
the
said
Schism
,
mentioned
in
their
supplication
.
Second
supplication
for
taking
away
all
occasion
of
contention
.
Then
follows
another
supplication
to
their
Majesties
,
That
all
occasion
of
contention
,
hatred
,
grudge
,
suspicion
,
and
trouble
,
both
outwardly
and
inwardly
,
in
mens
consciences
,
which
might
arise
among
them
by
reason
of
Disobedience
,
might
by
Authority
of
the
Pope's
Holiness
,
and
by
ministration
of
the
same
unto
them
by
Cardinal
Pool
,
by
Dispensation
,
Toleration
,
or
Permission
respectively
,
as
the
case
shall
require
,
be
abolished
,
and
taken
away
.
After
some
other
things
,
follows
in
these
words
:
Concerning
Abby-Lands
,
&c.
Finally
,
when
certain
Acts
and
Statutes
have
been
made
in
the
time
of
the
late
Schism
,
concerning
the
Lands
and
Hereditaments
of
Archbishoprics
and
Bishoprics
,
the
suppression
and
dissolution
of
Monasteries
,
Abbies
,
Priories
,
Chantries
,
Colleges
,
and
all
other
the
Goods
and
Chattels
of
Religious
Houses
,
since
the
which
time
the
Right
and
Dominion
of
certain
Lands
and
Hereditaments
,
goods
&
Chattels
belonging
to
the
same
,
be
dispersed
abroad
,
and
come
to
the
hands
and
possessions
of
divers
and
sundry
persons
,
who
by
Gift
,
Purchase
,
Exchange
,
and
other
means
(
according
to
the
Laws
and
Statutes
of
the
Realm
for
the
time
being
)
have
the
same
:
For
the
avoiding
of
all
scruples
that
might
grow
by
any
of
the
occasions
aforesaid
,
or
by
any
other
ways
or
means
whatsoever
,
The
Petition
of
the
two
Houses
to
the
K.
&
Q.
to
be
Intercessors
to
Card.
Pool
to
confirm
Abby-Lands
.
it
may
please
your
Majesties
to
be
Intercessors
and
Mediators
to
the
said
most
Reverend
Father
Cardinal
Pool
,
that
all
such
causes
and
quarrels
,
as
by
pretence
of
the
said
Schism
,
or
by
any
other
coccasion
or
means
whatsoever
,
might
be
moved
by
the
Pope's
Holiness
,
or
by
any
other
Jurisdiction
Ecclesiastical
,
may
be
utterly
removed
and
taken
away
;
so
as
all
persons
,
having
sufficient
Conveyance
of
the
said
Lands
,
and
Hereditaments
,
Goods
,
and
Chattels
,
may
without
scruple
of
conscience
enjoy
them
,
without
Impeachment
or
Trouble
,
by
pretence
of
any
General
Council
,
Canons
,
or
Ecclesiastical
Laws
,
and
clear
from
all
dangers
of
the
Censures
of
the
Church
.
Before
I
proceed
further
,
I
think
fit
to
note
,
That
by
the
consent
of
both
Houses
it
seems
clear
,
that
they
looked
upon
those
Lands
to
be
well
secured
,
according
to
the
Laws
of
the
Land
;
which
appears
,
because
I
find
in
the
Journal
of
the
[
](B25323-e26720-b)(p)
(p)
Second
Parliament
1ᵒ.
Mariae
.
Bill
prepared
before
the
Cardinal's
arrival
.
Commons
House
,
That
upon
the
25th
.
of
April
,
1555.
a
Bill
was
engrossed
,
that
Bishops
should
not
convent
any
person
for
Abby-Lands
;
and
the
next
day
I
find
the
Bill
passed
their
House
.
that
the
Bishop
of
Rome
,
nor
any
other
Spiritual
Person
,
shall
convent
any
person
for
Abby-Lands
.
So
that
what
is
to
be
cleared
,
is
,
that
for
removing
of
scruples
of
conscience
,
and
preventing
the
causes
and
quarrels
moved
by
the
Pope
,
See-Apostolic
,
or
any
other
Ecclesiastical
Jurisdiction
,
there
was
effectual
course
taken
.
The
Clergy
in
Convo●ation
petition
that
the
Lands
may
be
confirmed
.
Therefore
,
because
that
part
in
the
Act
is
put
in
Latin
,
whereby
every
Reader
of
it
doth
not
,
or
will
not
,
observe
the
force
of
it
,
I
shall
render
the
most
material
passages
of
it
into
English
.
First
,
the
Bishops
and
Clergy
in
Convocation
present
their
supplication
to
the
King
's
and
Queen's
Majesties
,
shewing
,
That
they
(
viz.
the
Clergy
)
were
the
Praefects
of
the
Church
,
The
Clergy
petition
,
&
shew
their
duty
by
the
Canons
,
is
to
preserve
the
Goods
of
the
Church
.
and
the
care
of
Souls
was
committed
to
them
,
and
they
were
apointed
Defenders
&
Curators
of
the
goods
,
Jurisdictions
,
and
Rights
of
the
said
Churches
by
the
dispositin
of
the
Holy
Canons
:
Therefore
they
ought
with
the
remedies
of
Law
to
recover
to
the
ancient
Right
of
the
Church
,
the
Goods
,
Jurisdictions
,
&
Rights
of
the
Church
,
[
](B25323-e26870-b)(q)
(q)
de
per●●●●
am●●●a
.
spent
,
or
lost
in
the
late
pernicious
Schism
.
The
reasons
why
they
desire
their
confirmation
;
as
preferring
public
Peace
before
privat
commodity
.
Nevertheless
,
having
had
among
themselves
mature
counsel
and
deliberation
,
they
do
ingenuously
confess
themselves
best
able
to
know
how
difficult
,
and
as
it
were
impossible
,
the
recovery
of
the
Goods
of
the
Ecclesiastics
would
be
,
by
reason
of
the
manifest
,
and
almost
inextricable
Contracts
and
Dispositions
had
upon
them
;
and
if
those
things
should
be
questioned
,
the
quiet
and
tranquility
of
the
Kingdom
would
be
greatly
disturbed
;
and
the
unity
of
the
Catholic
Church
,
which
by
the
Piety
and
Authority
of
their
Majesties
was
introduced
into
the
Kingdom
with
greatest
difficulty
,
could
obtain
no
due
progress
,
or
finishing
.
Therefore
,
preferring
the
public
quiet
before
privat
commodities
,
and
the
health
of
so
many
Souls
,
redeemed
with
the
precious
Blood
of
Christ
,
before
earthly
Goods
,
not
seeking
their
own
Profit
,
but
the
things
of
Jesus
Christ
:
They
earnestly
request
,
and
most
humbly
supplicate
their
Majesties
,
in
their
names
to
communicate
these
things
to
the
Legat
,
and
vouchsafe
to
intercede
,
Here
note
,
by
Goods
[
Bona
]
in
the
Canon-law
,
all
Lands
,
as
well
as
Chattels
,
are
comprehended
.
That
concerning
these
Ecclesiastical
Goods
(
in
part
,
or
in
whole
,
according
to
his
pleasure
,
and
the
Faculty
and
Power
given
him
by
the
most
holy
Lord
the
Pope
)
he
would
enlarge
,
or
set
at
liberty
,
and
relax
the
detainers
of
those
goods
,
preferring
public
good
before
private
;
Peace
and
Tranquility
before
Dissolution
and
Perturbation
;
and
the
health
of
Souls
before
earthly
Goods
:
They
giving
their
assents
to
whatever
he
should
do
,
and
that
in
the
premises
he
would
not
be
strict
or
difficult
.
The
Dispensation
of
the
Cardinal
.
Then
follows
the
Cardinal's
Dispensation
,
wherein
,
after
the
recital
of
the
several
breaches
of
the
supplication
of
the
Parliament
,
and
the
uncanonical
things
that
had
been
done
,
it
is
added
,
The
reasons
laid
down
why
the
Cardinal
dispenseth
,
&c.
That
as
to
Ecclesiastical
Goods
,
they
were
seized
and
possessed
by
divers
persons
of
the
Kingdom
,
which
,
tho'
by
the
Constitutions
of
the
Canons
they
might
be
declared
void
,
yet
if
they
should
be
revoked
into
any
other
State
than
in
which
they
then
were
,
the
public
Peace
and
Quiet
of
the
whole
Kingdom
would
be
disturbed
,
and
the
greatest
Confusion
would
follow
;
especially
if
the
possessors
of
the
same
Goods
should
be
molested
:
Therefore
the
Parliament
have
humbly
supplicated
their
Majesties
,
that
they
would
vouchsafe
to
intercede
with
the
Cardinal
.
And
whereas
the
Bishop
&
the
Clergy
of
the
Province
of
Canterbury
,
representing
almost
the
whole
body
of
the
Ecclesiastics
of
the
Kingdom
,
to
whom
the
cause
of
those
Ecclesiastic
Goods
do
mostly
appertain
,
have
declared
,
That
these
Goods
cannot
be
recalled
to
the
Right
of
the
Church
,
but
the
universal
Peace
and
Quiet
of
the
Kingdom
will
be
disturbed
,
and
the
cause
of
the
Faith
,
and
the
Unity
of
the
Church
,
now
by
the
consent
of
all
introduced
into
the
Kingdom
,
shall
be
brought
into
extreme
danger
;
and
have
supplicated
,
&c.
as
before
is
rehearsed
.
The
Cardinal's
Authority
.
Therefore
We
,
who
are
sent
Legat
de
latere
to
your
Majesties
and
this
most
Noble
Kingdom
,
from
our
most
holy
Lord
Pope
Julius
III.
his
and
the
Apostolic
See
,
That
we
might
reconcile
the
Kingdom
(
which
hath
so
long
been
separated
from
the
Unity
of
the
Catholic
Church
)
to
God
,
&
the
Church
of
Christ
,
and
his
Vicar
upon
Earth
,
and
should
with
all
study
procure
all
those
things
which
appertain
to
the
Peace
and
Tranquillity
of
the
Kingdom
.
After
by
the
benignity
of
God
,
and
the
Piety
of
your
Majesties
,
by
the
Authority
of
the
said
our
most
holy
Lord
the
Pope
,
whose
Person
We
here
represent
,
the
Reconciliation
is
made
.
That
we
may
take
care
for
the
Peace
and
Tranquillity
of
the
said
Kingdom
,
and
the
Unity
of
the
Church
,
from
whence
the
Salvation
of
so
many
Souls
redeemed
by
the
precious
Blood
of
Christ
depends
,
now
introduced
into
this
Kingdom
,
may
be
strengthened
,
and
remain
safe
.
The
stability
of
the
Reconciliation
&
the
Peace
consists
in
the
assurance
of
Abby-Lands
.
And
whereas
the
stability
of
either
of
them
,
consists
mostly
in
that
no
molestation
be
brought
upon
the
Possessors
of
Ecclesiastical
Goods
,
whereby
they
may
not
retain
them
which
so
many
and
such
grave
Testimonies
cause
us
to
believe
;
and
the
Intercession
of
your
Majesties
(
who
have
so
studiously
and
holily
labored
for
restoring
the
Unity
of
the
Church
,
and
the
Authority
of
the
Apostolic
See
)
may
have
that
Authority
with
us
that
is
fit
,
and
that
the
whole
Kingdom
may
know
,
and
in
truth
and
reality
experience
,
the
Motherly
Indulgence
of
the
Apostolic
See
towards
it
:
Absolving
,
and
judging
to
be
absolved
,
every
one
to
whom
these
Writings
may
appertain
,
from
all
Excommunications
,
Suspensions
,
Interdicts
,
and
other
E●clesiastic
Sentences
,
Censures
,
and
Punishments
,
by
Law
,
or
by
Man
,
upon
any
occasion
,
or
cause
whatsoever
Pronounced
,
(
if
for
the
cause
aforesaid
only
they
be
inflicted
.
)
And
so
the
Cardinal
passeth
to
the
particulars
in
the
Supplication
:
And
lastly
as
to
the
Ecclesiastic
Goods
,
adds
these
words
.
The
words
of
the
Dispensation
and
confirmation
of
Abby-lands
,
notwithstanding
Canons
and
constitutions
.
&c.
to
the
contrary
.
And
to
whatever
person
of
this
Kingdom
,
to
whose
hands
Ecclesiastic
Goods
,
by
whatever
contract
,
either
Lucrative
,
or
Onerose
they
have
come
,
or
they
have
held
,
or
do
hold
them
,
and
all
the
Fruits
,
tho'
unduly
received
,
of
them
,
in
the
whole
he
doth
remit
and
release
;
Willing
and
decernning
that
the
Possessors
aforesaid
of
the
said
Ecclesiastic
Goods
,
Moveable
,
and
Immoveable
,
may
not
at
present
,
or
for
the
future
,
by
the
Dispositions
of
General
or
Provincial
Councils
,
or
the
Decretal
Epistles
of
Roman
Bishops
,
or
any
other
Ecclesiastic
Censure
be
molested
,
disquieted
,
or
disturbed
in
the
said
Goods
,
or
the
Possession
of
them
,
nor
that
any
Ecclesiastic
Censures
,
or
Punishment
,
be
Imposed
or
Inflicted
,
for
the
detention
,
and
Non-Restitution
of
the
same
;
and
so
by
all
kind
of
Judges
and
Auditors
,
it
ought
to
be
adjudged
and
defined
,
taking
from
them
all
kind
of
Faculty
,
and
Authority
of
Judging
otherwise
,
and
decerning
it
to
be
Null
and
void
,
if
any
thing
happen
to
be
attempted
to
the
contrary
.
Notwithstanding
the
foresaid
defects
or
whatever
Apostolic
Special
or
General
Constitutions
and
Ordinances
Published
in
Provincial
,
and
Synodal
Councils
,
to
the
contrary
.
An
Admonition
to
those
that
do
hold
the
Goods
of
the
Church
,
and
an
exhortation
to
allow
maintenance
to
Parish
Parsons
and
Vicars
.
Then
follows
the
Admonition
,
that
tho'
all
the
Moveable
things
of
the
Churches
were
indistinctly
released
to
those
that
possess
them
,
yet
he
would
Admonish
them
,
that
having
before
their
Eyes
the
severity
of
the
Divine
Judgment
against
Balthazar
King
of
Babylon
,
who
converted
to
prophane
uses
the
Holy
Vessels
,
not
by
him
,
but
by
his
Father
taken
from
the
Temple
;
if
they
be
extant
they
will
restore
them
to
their
proper
Churches
or
to
others
.
The
meaning
of
which
I
have
before
explained
.
Then
follows
.
Exhorting
also
and
by
the
Bowels
of
the
Mercy
of
Jesus
Christ
vehemently
intreating
all
those
,
to
whom
this
matter
appertains
,
that
not
being
altogether
unmindful
of
their
Salvation
,
at
least
they
will
do
this
;
that
out
of
the
Ecclesiastical
Goods
principally
of
those
which
were
specially
destined
for
the
support
of
Parsonages
and
Vicarages
,
that
in
Cathedrals
and
other
Inferior
Churches
,
now
in
being
,
it
may
be
so
provided
for
them
that
have
the
care
of
Souls
,
that
their
Pastors
,
Parsons
,
and
Vicars
may
Commodiously
,
and
Honestly
,
according
to
their
Quality
and
State
be
maintained
,
whereby
they
may
Laudably
exercise
the
Cure
of
Souls
,
and
support
the
Incumbent
Burthens
,
This
is
Dated
at
Lambeth
9th
.
of
the
Kalends
of
January
,
the
5th
.
of
Pope
Julius
the
third
.
Then
follows
in
the
same
Act
the
Confirmation
of
all
these
in
the
most
General
,
Comprehensive
,
and
particular
words
,
that
the
Wisdom
of
that
Age
could
devise
,
to
Comprehend
all
the
Religious
Houses
,
Colleges
,
Chantries
,
Hospitals
,
Guilds
,
Fraternities
,
Obits
,
&c.
so
Alienated
.
The
Caution
used
in
securing
the
Lands
not
to
be
doubted
.
It
is
not
to
be
doubted
but
our
Ancestors
who
had
so
lately
acquired
those
Abby-lands
,
and
were
in
much
more
eminent
danger
of
a
Resumption
,
than
we
are
in
this
Age
,
would
be
as
cautious
to
have
these
Confirmed
to
them
by
all
the
Laws
,
Ecclesiastical
,
and
Civil
,
as
could
be
contrived
for
their
firm
security
:
And
that
the
Legats
Absolution
and
Remission
were
sufficient
according
to
the
Canon
Law
,
will
not
be
denyed
by
any
who
hold
the
Authority
of
the
Pope
in
such
matters
;
since
the
Pope
Conferred
upon
the
Cardinal
his
own
Power
to
do
in
that
affair
as
much
as
if
he
had
been
Personally
present
he
could
have
done
;
sine
in
one
place
it
is
expressed
,
that
the
Legat
acted
by
the
[
](B25323-e27300-b)(s)
(s)
Per
Autoritatem
Sacratissimi
Domini
nostri
Papae
cujus
vices
sustinemus
.
Authority
of
the
most
Holy
Lord
the
Pope
whose
Person
,
Character
or
Power
he
hath
,
for
the
word
Vices
Implys
;
that
he
was
his
Compleat
Substitute
to
do
as
much
as
he
could
do
,
and
in
another
place
of
the
same
Absolution
he
expresseth
his
Powers
thus
,
by
[
](B25323-e27340-b)(t)
(t)
Authoritate
Apostolica
per
literas
&c.
nobis
concessas
&
qua
fungimur
in
haec
parte
.
Apostolic
Authority
,
by
the
Letters
of
our
most
Holy
Lord
the
Pope
Julius
the
third
,
granted
to
us
and
with
which
Authority
we
are
impowered
in
this
particular
.
Whoever
considers
this
Act
,
and
attentively
will
peruse
it
,
as
it
is
Printed
in
our
Statutes
,
or
is
upon
Record
in
the
Roll
,
must
conclude
it
had
all
the
Authority
that
either
an
Act
of
Parliament
in
England
,
or
a
Constitution
of
the
Pope
by
his
Bull
can
give
it
,
and
I
hope
I
have
sufficiently
cleared
it
,
that
by
the
Canon
Law
and
continual
Practice
of
the
Pope
,
he
hath
a
full
Power
to
Establish
and
make
valid
what
he
did
in
this
particular
.
SECT.
IX
.
The
Exceptions
against
this
Assurance
of
Abby-lands
to
the
Possessors
,
that
it
was
not
confirmed
by
Pope
Paul
the
4th
.
fully
Answered
.
YOU
are
pleased
to
endeavor
to
Invalidate
the
force
of
this
Spiritual
and
Temporal
Act
,
Pietro
Soave's
Assertion
that
Pope
Paul
the
4th
.
did
not
confirm
Abby-lands
.
by
producing
the
Opinion
and
assertions
of
Father
Pietro
Soave
Polano
,
in
his
Council
of
Trent
,
and
one
or
two
Gentlemens
,
whose
Sentiments
you
so
zealously
have
embraced
.
The
words
of
Soave
[
](B25323-e27520-b)(a)
(a)
Fol.
367.
are
thus
rendred
into
English
by
Sir
Nathaniel
Brent
.
John
Peter
Caraffa
,
by
the
Name
of
Paulus
4us
.
being
Created
Pope
1555.
On
the
first
Day
of
his
Papacy
the
English
Ambassadors
from
King
Philip
and
Queen
Mary
,
entred
Rome
,
viz.
The
[
](B25323-e27610-b)(b)
(b)
Hist.
Reformation
,
part
2.
fol.
300.
Viscount
Montacute
,
the
Bishop
of
Ely
,
and
Sir
Edward
Carn
,
there
being
one
to
Represent
every
State
of
the
Kingdom
,
sent
to
make
their
Obedience
to
the
Pope
,
and
to
obtain
a
Confirmation
of
all
those
Graces
Cardinal
Pool
had
granted
in
the
Popes
Name
,
saith
Dr.
Burnet
.
At
the
first
Consistory
after
the
[
](B25323-e27700-b)(c)
(c)
Idem
Soave
.
The
Popes
Reception
of
the
Ambassadors
from
Queen
Mary
.
Coronations
,
the
Ambassadors
were
brought
to
it
,
who
prostrating
themselves
at
the
Popes
Feet
did
in
the
Name
of
the
Kingdom
acknowledg
the
faults
committed
;
relating
them
all
in
particular
,
for
so
the
Pope
would
have
it
.
Confessing
they
had
been
ungrateful
for
the
many
benefits
received
from
the
Church
,
and
humbly
craving
Pardon
for
it
.
The
Pope
did
Pardon
them
,
took
them
up
from
the
ground
,
and
Embraced
them
,
and
to
Honor
their
Majesties
that
sent
them
,
gave
the
Title
of
a
Kingdom
to
Ireland
.
In
private
Discourse
,
saith
our
Author
,
His
reprehension
of
the
proceedings
in
England
.
betwixt
the
Pope
and
the
Ambassadors
,
he
found
fault
that
the
Church
Goods
were
not
wholly
restored
,
saying
,
that
by
no
means
it
was
to
be
Tolerated
,
and
that
it
was
necessary
to
render
all
even
to
a
Far
thing
,
because
that
the
things
that
belong
to
God
can
never
be
applyed
to
Human
uses
;
and
he
that
witholdeth
the
least
part
of
them
is
in
continual
State
of
Damnation
.
That
if
he
had
Power
to
grant
them
,
he
would
do
it
most
readily
,
for
his
Fatherly
Affection
which
he
beareth
them
,
and
for
his
experience
of
their
Filial
Obedience
,
[
](B25323-e27770-b)(d)
(d)
Mr.
Fox
saith
,
the
Pope
published
a
Bull
in
Print
against
the
restoring
Abby-lands
which
Dr.
Burnet
affirms
also
Appendix
fol.
403.
but
his
Authority
was
not
so
large
,
as
he
might
prophane
the
things
Dedicated
to
God
,
and
let
England
be
assured
,
that
this
would
be
an
Anathema
and
a
Contagion
,
which
by
the
just
Revenge
of
God
,
would
always
hold
the
Kingdom
of
England
in
perpetual
Infelicity
;
and
he
charged
the
Ambassadors
to
Write
thereof
Immediately
,
and
was
not
content
to
speak
of
it
once
,
but
repeated
it
as
often
as
there
was
occasion
,
and
said
also
plainly
,
that
Peter
Pence
ought
to
be
payd
as
soon
as
might
be
.
Thus
far
Soave
.
In
Answer
to
this
,
Cardinal
[
](B25323-e27870-b)(e)
(e)
Lib.
13.
c.
13.
Cardinai
Palivicino's
Assertion
about
the
confirming
Religious
Lands
.
Palivicino
,
after
his
Discourse
of
the
business
of
the
Kingdom
of
Ireland
,
as
to
the
Restitution
of
the
Ecclesiastic
Goods
in
England
,
saith
,
because
in
that
Kingdom
during
the
time
of
the
Schism
most
grieveus
Usurpation
of
Church-lands
had
been
made
,
as
he
had
before
related
,
some
by
private
persons
,
others
by
the
Crown
.
Those
were
with
great
Liberality
restored
by
the
Queen
.
But
concerning
the
others
i.
e.
those
in
the
Subjects
Possessions
,
it
was
Judged
profitable
to
use
condescention
;
lest
with
a
pay
of
so
great
Interest
,
they
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
[
](B25323-e27980-b)(f)
(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
[
](B25323-e28010-b)(g)
(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
[
](B25323-e28070-b)(h)
(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
,
[
](B25323-e28190-b)(i)
(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
[
](B25323-e28250-b)(k)
(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
[
](B25323-e28330-b)(l)
(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
[
](B25323-e28700-b)(m)
(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
VIII
.
of
famous
Memory
,
and
several
other
persons
,
(
there
particularly
named
)
sold
to
the
same
Sir
William
Peters
,
Mannors
,
Lordships
,
Advowsons
,
Lands
,
&c.
belonging
to
Monasteries
,
(
particularly
also
named
)
as
appeared
by
Instruments
and
public
proofs
.
Documenta
publica
.
And
afterwards
our
beloved
Son
Reginald
,
Deacon
of
St.
Mary
in
Cosmedon
,
called
Cardinal
Pool
,
Legat
de
Latere
in
England
,
of
Us
and
the
aforesaid
See
being
authorized
to
that
matter
,
with
sufficient
power
by
the
Letters
of
the
said
See
,
as
appears
in
his
Commission
.
And
afterwards
we
generally
,
under
certain
words
expressed
in
mode
and
form
,
have
[
](B25323-e29080-b)(n)
(n)
By
this
clause
the
Bull
mentioned
in
the
Journal
of
the
House
of
Commons
must
be
understood
.
approved
and
confirmed
the
Sales
,
Gifts
,
and
Exchanges
,
and
Grants
,
made
to
and
by
him
;
and
added
to
them
strength
of
assurance
,
or
firmness
,
as
in
our
Letters
made
thereupon
is
said
more
fully
to
be
contained
.
However
,
as
the
said
Petition
subjoyned
expresseth
,
the
same
Sir
William
,
who
,
as
he
affirms
,
is
ready
to
assign
and
demise
the
said
Rectories
to
Spiritual
Uses
,
desires
to
have
all
the
Sales
Gifts
,
and
Grants
made
to
him
of
those
things
,
and
all
the
things
in
the
said
Instruments
and
Documents
contained
,
for
the
better
caution
,
specially
and
expresly
to
be
approved
and
confirmed
:
And
besides
,
hath
humbly
supplicated
to
Us
,
That
of
Apostolical
Benignity
we
would
vouchsafe
to
provide
for
the
Indemnity
and
Quiet
of
him
and
his
.
The
Pope's
Dispensation
and
Absolution
from
Ecclesiastical
Censures
.
Therefore
We
,
who
admit
to
the
favor
of
our
audience
the
prayers
of
those
devoted
to
Us
,
and
Our
foresaid
See
,
quit
the
said
Will
.
from
all
Excommunications
,
Suspensions
,
Interdicts
,
and
other
Ecclesiastic
Sentences
,
Censures
,
and
Punishments
,
either
by
Law
,
or
from
any
man
,
upon
any
occasion
or
cause
produced
,
(
if
he
be
by
any
of
them
any
ways
tied
in
consequence
of
any
effect
of
these
presents
only
)
by
the
tenor
of
these
presents
absolving
him
,
and
judging
him
to
be
absolved
.
Being
inclined
by
those
supplications
,
by
Apostolical
Authority
,
by
these
presents
do
perpetually
approve
and
confirm
all
the
Sales
,
Grants
and
Gifts
aforesaid
;
likewise
all
the
Receipts
and
Procurements
of
the
Possessions
,
and
the
retaining
of
them
;
and
,
as
they
concern
them
,
all
&
each
singular
other
matters
,
in
all
the
Instruments
,
Documents
,
and
other
Writings
,
and
things
,
contained
in
the
foresaid
Letters
of
the
said
Reginald
the
Cardinal
;
and
to
them
do
add
the
strength
of
a
perpetual
and
inviolable
firmness
,
supplying
all
and
singular
defects
of
Law
or
Fact
necessary
to
be
expressed
,
if
by
chance
any
happen
to
intervene
in
them
;
and
decerning
them
inviolably
to
be
established
,
without
any
scruple
of
conscience
;
as
also
by
the
said
William
Peters
,
and
Bishops
,
Chapters
,
Abbots
,
Priors
,
Prioresses
,
and
Convents
,
and
others
,
which
these
any
way
concern
,
or
may
concern
for
the
future
,
according
to
the
tenor
of
the
Sales
,
Grants
,
and
other
Dispositions
made
upon
them
,
in
all
things
and
by
all
means
perpetually
to
be
observed
;
and
so
to
be
judged
,
and
ought
to
be
defined
by
all
Judges
,
and
Ecclesiastical
and
Secular
Comissaries
enjoying
any
Authority
;
taking
from
them
and
every
of
them
every
Faculty
and
Authority
of
Judging
and
Interpreting
other
ways
,
and
making
it
void
and
null
,
if
upon
the
premises
,
by
any
one
by
any
Authority
,
knowingly
or
ignorantly
,
it
happen
to
be
attempted
.
The
Pope's
Command
to
Bishops
to
defend
Sir
Will
.
Peters
Right
.
Wherefore
by
Apostolic
Writ
We
command
Our
Venerable
Brothers
the
Bishops
of
London
,
Exeter
,
and
Pisauria
,
that
two
or
one
of
them
,
or
by
another
or
others
;
these
present
Letters
,
and
whatever
is
contained
in
them
,
when
and
where
there
is
need
,
and
so
often
on
the
part
of
William
Peters
and
the
Heirs
aforesaid
,
or
any
of
them
,
it
be
required
,
solemnly
to
publish
,
and
assisting
them
in
the
premisses
,
with
maintenance
of
an
effectual
Defence
,
by
Our
Authority
they
perform
it
,
to
make
them
and
every
of
them
enjoy
them
peaceably
,
not
permitting
any
of
them
by
the
Bishops
,
Chapters
,
No
Religious
to
molest
him
.
Abbots
,
Priors
,
Prioresses
,
or
Convents
,
or
any
other
,
contrary
to
the
tenor
of
these
presents
,
in
any
wise
to
be
molested
,
vexed
,
or
disturbed
;
inflicting
upon
all
contradicters
and
Rebels
,
by
Ecclesiastical
Censures
,
and
Money-mulct
,
at
their
pleasure
;
punishments
to
be
applied
,
and
by
other
opportune
remedies
quieting
them
;
postponing
all
Appeals
,
and
by
repeated
instances
aggravating
,
and
(
if
need
be
)
calling
in
to
this
purpose
the
aid
of
the
Secular
Arm.
The
Clause
of
Non
obstante
.
Notwithstanding
any
heretofore
sent
Apostolic
Constitutions
and
Ordinances
,
of
what
Kind
soever
,
or
by
what
other
firmness
corroborated
Statutes
and
Customs
contrary
thereto
whatsoever
;
or
if
it
be
indulged
from
the
said
See
,
to
Bishops
,
Abbots
,
Priors
,
Prioresses
,
or
by
any
other
in
common
or
separately
,
that
they
may
not
be
Interdicted
,
Suspended
,
or
Excommunicated
by
Apostolical
Letters
,
not
making
full
and
express
mention
word
by
word
of
the
said
Indulgence
.
Therefore
it
shall
not
be
lawful
for
any
man
whatsoeever
to
infringe
or
contradict
by
any
rash
attempt
,
this
writing
of
ours
,
of
Absolution
,
Approbation
,
Adjection
,
Supplement
,
and
Command
.
If
any
therefore
presume
to
attempt
this
,
let
him
know
,
that
he
shall
incur
the
Indignation
of
the
Omnipotent
God
,
and
of
the
Holy
Apostles
Peter
and
Paul.
Dated
at
Rome
,
at
St.
Peters
,
the
Year
of
the
Incarnation
of
the
Lord
,
1555.
the
4th
.
of
the
Kalends
of
December
,
the
first
Year
of
our
Pontificate
,
2
and
3
Philip
and
Mary
.
Subsigned
Beltradus
.
Observations
from
this
Bull.
From
this
Bull
we
may
learn
there
was
a
General
Confirmation
by
Pope
Paul
the
4th
.
of
Cardinal
Pools
Assurance
of
Abby-lands
,
and
it
is
as
certain
as
any
thing
can
be
,
to
one
,
that
hath
not
seen
that
Bull
,
which
was
sent
to
Absolve
the
whole
Kingdom
;
that
it
was
as
full
in
the
same
or
such
like
expressions
as
are
usual
in
Alienation
of
Church-lands
,
Dispensations
,
or
Absolutions
,
as
were
requisite
,
or
the
desire
of
the
Interessed
persons
security
could
expect
,
since
we
find
,
by
this
to
a
particular
person
,
what
care
was
taken
about
securing
them
.
In
further
confirmation
of
this
give
me
leave
to
acquaint
you
what
[
](B25323-e29480-b)*
*
I
must
own
the
favor
of
Dr.
Bernard
for
the
loan
of
this
rare
Book
.
Andreas
Duditius
Writes
on
this
Subject
,
whose
Testimony
is
the
more
Authentic
,
in
that
he
not
only
Translated
out
of
Italian
[
](B25323-e29520-b)(i)
(i)
In
praefatione
Libri
de
vitâ
Cardinalis
Poli
Imp.
Venetiis
1563.
into
Latin
,
the
Life
of
Cardinal
Pool
,
(
Writ
by
Becatellus
Arch-bishop
of
Ragusa
)
but
added
several
things
of
his
own
knowledg
,
and
by
the
Information
of
John
Baptista
Binardus
,
who
were
both
with
the
Cardinal
in
England
.
His
words
,
The
3d.
proof
.
I
render
thus
into
English
,
He
(
viz.
the
Cardinal
)
omitting
nothing
which
might
conduce
to
the
compleat
restoring
of
Piety
,
and
the
repair
of
the
Ruins
of
the
Church
,
made
in
late
times
:
Dealt
with
the
Queen
,
[
](B25323-e29640-b)(k)
(k)
Illud
etiam
agere
cum
Regina
Institit
ut
qua
Bona
,
Henricus
Pater
,
Ecclesiae
per
vim
adempta
,
ad
Regia
Vectigalia
adjunxerat
ac
Regii
omnino
Juris
possessionisque
esse
Decreverat
,
ipsa
Ecclesiae
redderet
pa.
32.
B.
All
our
Authors
say
,
that
the
Queen
her self
first
designed
this
Restitution
.
that
she
should
restore
to
the
Church
the
Goods
which
Henry
her
Father
,
by
force
had
taken
from
it
,
and
had
Annexed
to
the
Revenue
of
the
Crown
,
and
had
Enacted
them
to
be
the
Rights
and
Possessions
of
the
Crown
.
Concerning
this
he
sent
an
Exhortation
to
the
Queen
,
excellently
penned
:
Nor
did
the
Queen
suffer
her self
long
to
be
intreated
,
but
l●ying
aside
all
delay
,
dismissed
all
,
and
permitted
them
to
be
disposed
of
at
the
Will
of
the
Roman
Bishop
and
his
Legat.
Which
Goods
Pool
(
having
first
deliberated
the
matter
with
the
Bishops
)
so
appointed
and
distributed
to
every
Church
,
as
might
be
most
expedient
to
encrease
the
Worship
of
God
,
and
Establish
the
Ecclesiastic
State
,
and
these
,
were
said
to
be
almost
the
half
of
the
Fruits
,
This
was
much
less
than
our
Author
mentions
.
which
in
the
former
more
flourishing
times
the
Ecclesiastics
had
received
.
Now
mark
what
follows
.
But
[
](B25323-e29750-b)(l)
(l)
Ac
ne
qua
Turba
excitaretur
,
placuit
,
consentiente
Pontifice
,
nihil
de
reliquis
bonis
quaeri
quae
passim
multi
possidebant
,
sed
liberum
omnibus
relinqui
,
id
agere
quod
quisque
vellet
.
Id.
pa.
32.
B.
least
troubles
might
be
raised
,
it
pleased
the
Cardinal
,
the
Pope
consenting
,
that
nothing
of
the
rest
of
the
Goods
(
viz.
Moveable
and
Immoveable
)
should
be
enquired
after
.
But
to
be
left
at
Liberty
to
all
to
do
with
them
what
every
one
willed
.
The
4th
.
proof
.
The
whole
matter
further
appears
in
the
Decrees
of
the
Cardinal
,
for
the
Reformation
of
England
Anno
1556.
for
in
the
10th
.
Decree
,
wherein
any
future
Alienation
of
Church-lands
is
prohibited
,
this
exception
is
annexed
in
these
words
.
[
](B25323-e29870-b)(m)
(m)
Exceptis
ta
men
semper
iis
,
quas
circa
bona
Ecclesiastica
,
ante
ab
Ecclesiis
ablata
,
Jam
Autoritate
Apostolica
constituta
sunt
.
Quibus
per
hoc
nullo
modo
derogari
Volumus
.
Labbei
concil
Tom.
14.
fol.
1753.
Those
things
always
excepted
,
which
concerning
Ecclesiastic
Goods
,
before
time
taken
from
the
Church
,
by
Apostolic
Authority
now
are
constituted
,
from
which
by
this
Decree
they
(
viz.
the
Cardinal
and
the
Clergy
met
to
appoint
these
Decrees
)
will
no
ways
derogate
.
SECT.
X.
The
Application
of
what
hath
been
offered
towards
the
Assurance
of
Abby
lands
to
the
present
Possesors
.
I
know
nothing
can
rationally
be
urged
now
against
the
security
,
Objection
but
that
either
the
Pope
hath
no
such
Power
of
dispensing
with
what
is
obtained
by
Intrusion
,
or
that
what
one
Pope
doth
,
another
Succeeding
Pope
may
disannul
,
especially
where
so
great
concerns
of
the
Church
may
invite
to
it
.
As
to
the
first
,
Answered
whatever
Opinion
hath
been
or
is
held
by
some
,
of
the
Popes
want
of
Power
to
dispense
,
it
is
most
evident
,
that
de
facto
for
many
100
of
Years
they
do
and
have
dispensed
with
Canons
,
&c.
and
such
Dispensation
is
looked
upon
by
all
of
the
Roman
Catholic
Communion
to
secure
,
not
only
their
Title
in
all
Ecclesiastical
Courts
,
but
likewise
it
removes
all
scruples
of
Conscience
.
I
shall
give
you
the
resolution
as
to
this
particular
,
of
an
Author
[
](B25323-e30060-b)(a)
(a)
Rebuf●us
d●
pacif●●●●
po●s●●●or●●●
fol.
2
9.
〈◊〉
.
256.
beyond
exception
,
The
question
he
proposeth
thus
,
Quid
si
violentus
petit
à
Papa
sibi
confirmari
Beneficium
per
vim
obtentum
,
&
Papa
hoc
facit
,
&
postea
possidet
per
triennium
,
&
ultra
,
an
posset
molestari
?
After
he
hath
argued
in
the
negative
,
he
thus
determins
it
.
Quod
si
Papa
ex
certa
scientiâ
,
de
novo
concederet
Invasori
,
expressa
habita
mentione
Intrusionis
&
violentiae
,
videtur
illam
violentiam
remittere
,
&
de
novo
conferre
,
nec
obstat
quod
violentus
semper
potest
molestari
.
Verum
est
(
says
he
)
non
purgatâ
violentiâ
:
Sed
hic
purgavit
violentiam
Impetrando
à
Papa
,
ergo
non
amplius
dicitur
violentus
,
nec
Intrusus
,
quod
notandum
.
The
summ
of
which
is
,
that
it
being
questioned
whether
a
violent
Possessor
of
Church-lands
,
A
violent
Intruder
may
be
dispensed
with
by
the
Pope
.
desiring
of
the
Pope
to
confirm
him
in
his
Benefices
,
obtained
by
force
,
and
the
Pope
do
it
,
and
after
the
Intruder
Possess
it
for
three
Years
or
more
,
whether
such
an
one
can
be
molested
,
viz.
Ejected
by
course
of
Law
?
His
answer
is
,
that
if
the
Pope
on
his
certain
knowledg
grant
the
same
anew
to
the
Intruder
,
and
violent
Possessor
,
it
seems
the
violence
is
remitted
,
and
the
thing
is
granted
anew
.
Neither
,
saith
he
,
doth
the
General
Rule
hold
good
in
this
case
,
that
the
violent
Intruder
may
always
be
molested
:
For
that
is
only
true
where
the
violence
is
not
purged
,
but
here
the
violence
is
purged
by
obtaining
the
Popes
Grant
;
therefore
he
is
no
more
to
be
called
a
violent
Possessor
or
Intruder
,
which
,
saith
he
,
is
to
be
noted
.
By
this
you
see
a
dispensing
Power
is
owned
.
I
know
this
is
spoken
of
Church
Livings
Possessed
by
Church
Men
,
Objection
but
here
you
will
say
are
Church
Lands
Possessed
by
Lay
men
which
extreamly
alters
the
case
.
In
Answer
to
which
,
Answer
all
that
I
have
in
the
last
two
Sections
discoursed
,
proves
it
as
applicable
to
our
case
;
for
if
the
Popes
Authority
be
good
in
any
case
,
where
the
necessity
of
the
matter
was
so
urgent
in
the
Opinion
of
his
Holiness
and
all
Roman
Catholics
,
that
the
Reconciliation
to
the
Roman
Catholic
Church
was
to
be
preferred
before
the
comparatively
few
Religious
enjoying
their
Possessions
,
I
suppose
it
is
good
here
.
How
much
in
all
cases
the
public
is
to
be
preferred
before
the
private
,
appears
in
the
resolution
given
by
a
Learned
[
](B25323-e30240-b)(b)
(b)
Joachemi
Mynsingeri
Comment.
in
Instit.
Lib.
2.
Tit.
16.
de
usucaptions
n.
20.
Civilian
thus
,
we
are
to
know
,
saith
he
,
that
there
is
a
Superior
Law
that
the
public
Society
of
Men
be
conserved
,
and
it
is
an
Inferior
Law
,
that
right
shall
be
done
to
every
one
:
When
this
Infeior
Law
therefore
cannot
be
preserved
,
without
the
violation
of
the
Superior
,
the
Inferior
Law
is
neglected
,
that
the
Superior
may
be
fulfilled
,
viz.
that
the
public
good
and
tranquility
be
conserved
,
and
there
be
an
end
of
strife
.
So
in
another
case
the
forecited
[
](B25323-e30310-b)(c)
(c)
De
pacificis
possessionibus
fol.
217.
n.
31.
Rebuffus
saith
,
this
is
Introduced
for
public
good
,
lest
suits
about
Benefices
should
be
Immortal
,
and
for
the
ease
of
the
Subject
,
lest
he
should
Eternally
doubt
of
his
right
.
Alcuin's
Opinion
rather
to
dispense
with
payment
Tithes
than
hinder
Pagans
to
turn
Christians
.
This
calls
to
mind
what
Alcuin
the
great
English
Dr.
and
Chaplain
to
Charles
the
Great
,
writes
to
him
concerning
the
Hunns
and
Saxons
,
who
being
Conquered
by
the
Emperor
,
had
lately
received
the
Christian
Faith
;
Alcuin
there
adviseth
the
Emperor
,
that
it
were
better
for
the
benefit
of
the
Christian
Faith
,
not
to
impose
the
payment
of
Tithes
upon
them
.
He
saith
,
we
know
that
Tything
of
our
Substance
is
very
good
,
but
it
is
better
to
let
that
go
,
than
lose
our
Faith
,
we
our selves
saith
he
,
nourished
and
taught
in
the
Catholic
Faith
,
scarce
consent
to
pay
full
Tythe
of
our
Substance
;
how
much
less
can
we
expect
,
that
their
tender
Faith
,
and
Infant
condition
,
and
covetous
minds
,
will
consent
to
such
a
liberality
.
Here
you
see
he
adviseth
rather
to
preserve
them
in
the
Catholic
Faith
,
than
have
them
abandon
it
by
exacting
such
payments
.
I
leave
it
to
your self
to
apply
it
.
I
no
ways
meaning
to
compare
Possessors
of
the
Church-lands
in
Queen
Maries
Days
,
to
a
People
newly
Converted
from
Paganism
;
but
only
to
let
you
see
in
that
Learned
Mans
Opinion
,
how
much
the
retaining
them
in
the
Catholic
Faith
was
to
be
preferred
before
the
exacting
of
Tythes
.
I
come
now
to
the
last
remaining
Objection
,
Last
Objection
.
that
by
the
Revocation
of
former
Popes
Grants
,
and
Decrees
by
Succeeding
Popes
,
and
by
their
non-obstantes
of
Canons
,
&c.
You
see
not
why
a
Pope
may
not
publish
a
Bull
,
if
any
such
Juncture
of
Affairs
should
be
,
that
it
was
like
to
be
obeyed
,
to
recall
the
Acts
of
Julius
the
3d.
and
Paul
the
4th
.
To
this
I
Answer
,
Answered
that
where
ever
Instances
of
such
things
can
be
produced
;
It
is
where
some
few
only
have
been
concerned
,
some
Orders
have
degenerated
from
their
first
Institution
:
Where
some
public
utility
over-ballanced
the
private
injury
;
where
the
Inconveniency
of
continuing
former
Grants
was
much
greater
than
would
happen
by
the
rescinding
of
them
;
where
the
end
and
moving
reason
why
a
former
grant
was
made
either
ceased
,
or
was
no
more
of
use
;
or
where
without
passion
private
ends
intrigues
or
designs
,
the
matter
to
be
revoked
was
by
all
un-interessed
persons
thought
fit
to
be
disannulled
,
but
our
case
is
far
otherwise
.
In
the
cases
of
our
Abby-lands
a
Resumption
is
not
practicable
.
For
as
to
the
business
of
Abby-lands
,
whatever
Reasons
induced
the
Pope
to
confirm
them
in
the
hands
of
the
Possessors
at
the
first
,
will
be
much
more
now
,
since
besides
the
disturbing
the
Peace
and
Tranquility
of
the
Kingdom
,
and
the
great
confusion
,
that
would
arise
by
reason
of
the
Inextricable
Contracts
,
and
Dispositions
,
there
will
now
be
the
greatest
Injustice
committed
by
such
a
Resumption
;
since
it
is
appaent
,
that
the
number
of
the
Purchasers
were
few
Comparatively
at
the
first
,
and
they
were
only
such
as
were
for
the
Reformation
,
whereas
since
that
time
many
Catholicks
(
by
the
reliance
upon
the
Legal
securities
,
and
the
Confirmation
of
the
Pope
)
have
been
induced
to
purchase
these
Lands
,
which
otherwise
they
would
never
have
done
:
And
will
it
consist
with
any
Pope's
Interest
to
take
advantage
of
such
as
were
thereby
ensnared
?
The
Religious
Non-claim
,
&
their
offer
to
release
all
right
or
claim
.
Besides
,
who
are
they
that
can
lay
claim
to
these
Lands
?
The
Religious
had
no
Heirs
,
and
I
have
seen
it
under
the
hand
of
the
Reverend
Superior
of
all
the
English
Benedictins
,
that
the
Superiors
of
the
Benedictins
offer
to
give
it
under
their
hands
and
seals
,
and
serious
protestation
,
that
they
have
no
Right
,
nor
ever
intend
to
lay
any
claim
to
the
Possessions
belonging
to
their
Order
here
,
and
given
by
the
Parliament
to
the
Crown
.
That
the
Act
of
Confirmation
of
these
Lands
can
never
be
attempted
to
be
revoked
by
any
English
Parliament
,
No
English
Parliament
will
attemptit
.
tho'
their
majority
should
be
Roman
Catholics
,
(
which
in
it self
is
such
a
monstrous
postulatum
,
as
sure
no
Protestant
Vnbeliever
can
swallow
)
will
appear
manifestly
to
any
that
will
consider
,
that
when
it
could
not
be
effected
in
that
Age
,
when
some
of
each
House
were
alive
,
who
knew
the
Lands
;
and
the
inextricable
Confusion
that
then
it
was
thought
it
would
bring
upon
Purchasers
,
was
sufficient
to
hinder
the
Houses
and
the
Convocation
to
think
it
a
work
feizible
,
when
it
may
be
the
loss
would
have
fallen
upon
those
who
had
been
most
instrumental
in
the
Subversion
,
what
must
we
think
now
of
the
difficulty
of
separating
the
Sacred
from
the
Profane
?
which
I
can
compare
to
nothing
more
resemblingly
,
than
the
difficulties
some
Philosophers
suggest
in
apprehending
the
Resurrection
of
our
Bodies
,
by
bringing
again
these
individual
Atoms
which
were
once
part
of
them
,
and
have
been
exhaled
,
or
have
been
assimulated
into
the
bodies
of
Fishes
or
ravenous
Beasts
,
or
converted
into
dust
,
and
are
disspersed
into
various
Regions
.
Till
therefore
we
can
be
sure
of
such
an
Omniscient
Power
in
a
Parliament
,
as
can
know
the
distinct
Lands
that
once
belonged
to
every
House
;
and
so
Omnipotent
,
as
can
disengage
them
from
Lay-fees
,
(
they
are
not
only
soldered
to
,
but
per
minimae
mixed
and
incorporated
with
)
and
such
a
self-denying
Parliament
as
will
part
with
their
Inheritances
,
Entails
,
Settlements
,
Mortgages
,
and
Purchases
,
upon
some
peoples
suggesting
a
Sacrilege
to
them
,
(
not
believed
by
themselves
or
Catholics
.
)
I
say
,
till
all
these
,
and
a
great
many
other
difficulties
can
be
solved
,
I
think
the
Possessors
of
Church-Lands
may
rest
secure
in
their
Titles
.
Those
that
suggest
these
Jealousies
,
to
be
suspected
.
I
pray
therefore
,
Noble
Sir
,
suspect
all
those
that
suggest
such
doubts
to
you
,
as
men
that
have
most
wicked
aims
to
alienate
the
affections
of
the
Subjects
from
our
Gracious
King
,
who
I
am
well
assured
desires
to
give
all
his
Subjects
satisfaction
in
this
particular
,
and
look
upon
them
as
concerting
with
utter
Enemies
to
Monarchy
,
and
such
as
would
be
working
us
,
by
such
unreasonable
Jealousies
,
to
a
temper
fit
for
some
greater
mischief
,
and
who
have
such
an
envious
canker'd
disposition
,
that
,
tho'
they
believe
not
one
syllable
of
what
they
publish
on
this
Head
to
be
true
,
yet
studiously
endeavor
to
spread
abroad
the
suspicion
,
for
no
other
end
than
to
bring
an
Odium
upon
the
King
,
who
hath
a
greater
care
for
preserving
every
man's
Property
,
and
that
his
People
may
live
in
Peace
,
Freedom
,
and
Plenty
,
than
the
best
of
these
Calumniators
;
who
,
if
they
had
power
,
would
be
the
first
that
would
be
for
resumption
of
Crown
,
Bishops
,
Deans
and
Chapters
,
and
other
Lands
,
as
they
were
during
the
Usurpation
.
FINIS
.