A SEASONABLE VINDICATION OF THE Supream Authority and Jurisdiction OF CHRISTIAN KINGS, LORDS, PARLIAMENTS, As well over the Possessions, as Persons of Delinquent Prelates and Churchmen; OR, An Antient Disputation of the famous Bohemian Martyr John Hus, in justification of John Wickliffs 17. Article; Proving by 43. Arguments taken out of Fathers, Canonists, School-men, the Supream Authority and Jurisdiction of Princes, Parliaments, temporal Lords, and other Lay-men, (who have endowed the Church with Temporalties) to take away and alien the Temporal Lands and Possessions of Delinquent Bishops, Abbots and Church-men, by way of medicine or punish­ment, without any Sacrilege, Impiety or Injustice.

Transcribed out of the printed Works of Iohn Hus, and Mr. Iohn Fox his Acts and Monuments printed London 1641. Vol. 1. p. 585, &c.

With an Additional Appendix thereunto of Proofs, and Dome­stick Presidents in all ages, usefull for present and future times.

By William Prynne Esq a Bencher of Lincolns Inne.

Acts 1. 20. Let his habitation be desolate and no man dwell therein and his Bishoprick let another take.

Bernard. De Consideratione ad Eugenium. l. 3. Parvi dejectique animi est de Subditis non profectum quaerere Subditorum, sed quaestum propriū, in summo praesertim Pontifice nihil turpius.

London, Printed by T. Childe, and L. Parry, and are to be sold by Edward Thomas at the Adam and Eve in Little Britain, 1660.

To the most Illustrious MONARCH Charles the II. BY THE Singular Grace, and Wonder-working Providence of Almighty God, of England, Scotland, France and Ireland KING, Defender of the true Christian Faith; and Supreme Governor over all Ecclesiastical Persons, as well as Temporal, throughout his Dominions.

Most Gracious Soveraign,

I Humbly crave license to prostrate at your Royal feet, a learned Disputation of the famous Bohemian Martyr John Hus, in defence of our renowned John Wickliffs 17. Article; largely evidencing the Supream Au­thority of Christian Kings, and Temporal Lords, over the Temporalties, and Persons of Delinquent Prelates and Churchmen, backed [Page] with an Additional Appendix, (hastily compiled in the midst of my other distracting publike Im­ployments in few hours space,) not unseasonable, or unworthy publike Consideration, in relation to ancient and late alienations of Abbots, Bishops. Cathedral lands, now under your Majesties and your Parliaments Deliberation, in order to their Purchasers satisfaction, for the prevention of fu­ture Animosities, suits, & establishment of Cor­dial Unity, Amity between all Your Subjects, after their many years sad Intestine bloudy Schisms and Discords.

The sole Occasion of this Publication, was the many late Petitions of Purchasers, and others complaining of some Quem dabis mihi de nu­mero Episco­porū qui non plus invigilet subd [...]orum evacuandis marsupiis, quam vitus extirpandis? Ubi est qui orando flec­tat iram? Ubi est qui prae­dicet annum acceptibilem Domino? Pauci admo­dum sunt, qui non quae sua sunt quaerunt. Diligunt munera; nec possint pariter deligere Chri­stum, qui a manus dederunt mammonae. Bernard. Sermo 77. super Cantica. Bishops, & Churchmens covetousness, or averseness to give them such competent satisfaction for their Purchases, by new Leases or otherwise, as Your Majesties Royal Declarations, the Commons-House Votes, and Your Noble Generals Engagements, (in order to Your Highnesse most joyfull, peaceable Restitution to Your Throne) induced them to expect; and of their violent, or vexatious procee­dings, [Page] contrary to Your Gracious Proclamati­on, and Commission. The principal design of it is, to Vindicate Your Majesties ancient Sove­raign Jurisdiction, with the Legal power of your Parliaments & temporal Lords, over the Pos­sessions and Persons of the greatest Prelates, in cases of Delinquency, See Grotius de Jure Bell. l. 3. c. 10. War, or Publike Necessity; and the Lawfulness of seising, alie­nating their Temporalties, imprisoning, bani­shing, executing their persons for Criminal Offences, and Contempts (of which they have been frequently guilty) without any Sacrilege or Impiety. The contemplation whereof (I presume) will henceforth perpetually bind them to their good behaviours, both towards Your Majesty, your Parliaments, and People; and engage them to a charitable, sober, religious use of all their Temporal endowments, to a most hea­venly, humble, world-contemning Con­versation, a diligent faithfull discharge of their Episcopal function, by Acts 5. 42. c. 20, 21, 28, 1 Cor. 9. 14, to 24. 2 Tim. 4. 1. 2. Rom. 15. 18. 19 20. Mar. 16. 16. daily constant prea­ching, fasting, praying, and administration of the Sacraments to the Souls committed to their pastoral charge; and to an aemulous imitation of our pious, primitive Archbishops and Bishops, [Page] Wilfrid, Aydan, Ceadda and others, of whom Eccles Hist Gentis Aug­lorum, l. 3. c. 4. 28. l. 4. c. 3. Venerable Beda, and Actus Pon­tisicum Cant. col. 1636, 1637. Gervasius Dorober­nensis render us this account: Non Equi­tando, sed pedibus ambulando, ver­bum Dei instantissime praedicabant. Tota tunc fuit sollicitudo Doctoribus illis Deo servire, non seculo; tota cura cordis excolendi non ventris. Nulla causa fuit sacerdotibus Dei vicos adeundi, nisi ut praedicarent, vel baptizarent, vel animas curarent. Cuncta quae sibi à Regibus vel divitibus seculi donabantur, mox pauperibus qui occurrerent erogate gaudebant. In tantum erant ab omni peste Avaritiae castigati ut nemo territoria vel possessiones ad construenda Mo­nasteria à potestatibus seculi, nisi co­actus acceperet. All their Oblations and re­venues were Beda Eccles. Hist. l. 1. c. 27. Spelman. Concil. p. 96. Surius Con­cil. Tom. 1. p. 359. equally divided into 4. parts. The 1. for the sustentation of the Bishop and his family, not in a pompous Lordly splen­dor, but sober and Christian hospitality; The 2. for the maintenance of his Clergy or Chap­ter; The 3. for the relief of the Poor; The 4. for the repair of Churches: and if any sur­plusage [Page] remained, it was bestowed in alms and other pious uses; not spent in Luxury or worldly pomp. No part of it was treasured up in the Bishops own purse to enrich himself, or Leased to, or bestowed on his wife, children, kenred, servants, or Courtiers as in later ages, (as real Spalato de Repub. Eccl. l. 9 c. 7. 2. 36. Bernard super Cantica Sermo 77. & Goncio ad clerum in concilio Rhe­mensi. Sacri­lege as any now declaimed against.) Their An­gelical and Evangelical Conversations, purchased them such veneration and high esteem among all sorts of people, Gervasius Dorob. actus Pontif. Cant. col. 1636, 1637. & Be­da. Ut ubicunque Clericus aliquis adveniret gaudentèr ab omnibus, tanquam Dei famulus exciperetur. Etiam si in itinere pergens inveniretur, occurrebant, & flexa cervice vel manu signari, vel ore illius se be­nedici gaudebant; verbis quoque horum ex­hortatoriis diligenter auditum praebebant. Et si quis Sacerdotum in vicum fortè deveniret, mox congregati in unum vicani, Uerbum vitae ab illo expetere, et operibus im­plere curabant. Such an Episcopal life as these then led in our Bishops and Clergy now (without future contests, Lu. 22, 24, 25, 26. Vidos omnem ecclesiasticum zelum fervere sola pro digni­tate tuenda? Honori totum datur, sancti­tati nihil aut parum, Bern. de consid. ad Eugenium. l. 4. c. 2. which of them shall be the Greatest, Richest, Highest, but best, holyest, humblest) would speedily reconcile both them, their Purchasors and Opponents, yea produce [Page] such a reverend estimation and entertainment of their Persons and Ministry in the Laity, as Your Majesty by your most pious Declarations, Pro­clamations, Speeches, and unwearied Endea­vours have exhorted, and conjured them unto; that so all your Subjects 1 Tim. 2. 1, 2, 3. may henceforth live a quiet and peaceable life in all godlinesse and honesty, under Your most just and gracious Government; Which as it ought to be their daily prayer, so it is their bounden duty, and will be the only means of their future felicity.

Let those Deut, 33. 26, 27. everlasting Arms of the Eternal God, riding upon the heavens for Your help, which have so miraculously protected, supported, restored Your Royal Majesty to Your King­doms, and thrust out the Enemy from before You without sword or spear, for ever embrace, defend, preserve Your Sacred Person in perfect health and safety, to reign over them in all Pro­sperity, Tranquillity, Felicity and Glory, till extreme old age (and no other casualty) shall tran­slate You from a temporal to an eternal Crown in the Highest Heavens; Which bath been, is, and alwayes shall be the daily Prayer of

From my Study in Lincolns Inne, Novem. 24. 1660.
Your Majesties dutifull and Loyal Subjects, WILLIAM PRYNNE.

An Antient Plea in Justification of the late taking away, and Sales of Cathedral-lands, &c.

IN the year of our Lord 1378. Iohn Fox Acts & Monu­ments, London 1641. Vol. 1. p. 563, 564. 565, 566, 587. Iohn Wickliffe in the University of Oxford in his Sermons and Wri­tings publikely asserted,

That the Lords temporal, may lawfully and merito­riously take away their Temporalties from the Church­men offending habitually.

That if any temporal Lord do know the Church so offending, he is bound under pain of damnation to take the Temporalties from the same.

That it is lawfull for Kings, in causes licensed by the Law, to take away the Temporalties from the Spiritualty sinning ha­bitualiter, that is, which continue in the customs of sin, and will not amend.

That whether they be temporal Lords, or any other men whatsoever they be, which have endowed the Church with Tem­poralties, it is lawfull for them to take away the same Temporal­ties, as it were by way of medicine, to avoid sin, notwithstand­ing any Excommunication or other Ecclesiastical Censure; for so much as they are not given but under a conditon.

The Bishops of England, conceiving their Great Lordly Minors, and Temporalties to be much endangered by these Positions of Wickliff, drew up these and other Positions of [Page 2] his into Articles of complaint against him, and sent them diligently to Pope Gregory the XI. at Rome, with other Ar­ticles of a diffrent nature to the Number of 18. where they were condemned for heretical and erroneous by 23. Cardinals. Hereupon Pope Gregory sent his Bulls to the Chancellor & U­niversitie of Oxford, King Richard the 2d. and the Archbp. of Cant. to apprehend, imprison and persecute Wickliff; who was thereupon summoned to appear before a certain Convocation of Bishops at the Archbishops Palace in Lam­beth; where he justified these Positions by reason, Scrip­ture, Canon and Civil Law. After Wickliffe death, 45 Ar­ticles being exhibited against him in the Council of Con­stance, and these 3. amongst the rest.

That to enrich the Clergy was against the rule of Christ.

That the Pope with all his Clergy having those possessions as they have, be hereticks in so having; and the secular powers in so suffring them do not well.

That the Emperor and secular Lords be seduced which so en­rich the Church with ample possessions.

Thereupon Iohn Hus a most learned pious Bohemi­an Divine, particularly justified these Positions of his amongst others, against the censure of the Pope and Council of Constance, before the whole Universitie of Prague in Charls Colledge, in a particular Treatise, De ablatione bonorum temporalium a Clericis delinquenti­bus, printed at large in his Works in Latine, Novemb. 1558. pt. 1, &c. For the most part translated into English by Mr. Iohn Fox, in his Acts and Monuments London 1641. Vol. 1. p. 595. Which Book all Archbishops, Bishops, Deans, Archdeacons, and Canons Residentiaries, were bound to have in their Cathedrals, Halls and Great Chambers, that it might be publikely read by their Servants and Stran­gers, by the Canons made in the Provincial Synod of Lon­don, Anno 1571. p. 5, 6, 7. whereby this Doctrine of Wick­liff and Hus is not only tolerated, but justified by them, as orthodox, and no wayes sacrilegious or heterodox, as some now repute it.

Fox Acts & Monuments, Vol. 1. p. 595. &c,The second Disputation in the Vniversity of Prague, upon the seventeenth Article of John Wickliffe, most fruitfull to be read; proving by 25 Reasons out of the Scriptures, How that Princes and Lords Temporal have lawfull Au­thority and Iurisdiction over the Spiritualty & Churche men, both in taking from them their Temporalties, and correcting their Doings and Deserts.

TO the honour of almighty God, and of our Lord Je­sus Christ, both for the trying out of truth, and the profit of holy mother the Church, according to the con­gregation of our University of Prage, which, avoiding al­waies to do that which shall be prejudicial to the truth, hath deferred to give their consent unto the condemnati­on of the forty five Articles, wishing even unto this pre­sent sufficient probation to be given of the condemnation of the said Articles, and particularly of every one of them. Whereupon the said University doth alwaies require due proof of the same, forsomuch as Pope Damasus in his ca­non distinction sixtie eight chapter, Chorepiscopi, saith thus; That it is necessarie that whatsoever thing standeth not by due reason should be rooted out. Whereby it appeareth, that the condemnation of the five and forty Articles, if it stand not with proof and sufficient demon­stration for every Article, is necessary to be rooted out.

But if any man will object and say, that to require a reason of every thing, is to derogate from Gods divine power. Unto this answer Master William doth answer himself in his Philosophy, the first book, almost at the end; where he intreating of the place, in the second Chapter of Genesis, God made man of the slime of the earth, &c. hath these words; For in what point (say we) are we contra­ry to the holy Scriptures, if we seek by reason to declare wherefore any thing is done, which is said in the Scrip­tures to be done? For if that a wise man should say that a thing is done, and do not declare how it is done, and another man speaketh the very self-same thing, and decla­reth [Page 4] how it is done, what contrariety is there? But for so much as they themselves know not the force of nature, to the intent that they might have all men partakers with them of their ignorance, they would have no man to in­quire it out. But they would have us beleeve as igno­rant people, neither to seek any reason of our beleef, that the prophecie might be fulfilled; Such as the people is, such shall be the priest. But we truly do say, that in all things a reason is to be sought, An allegory upon the Paschal lamb. if it may by any means be found. But if that any man do stay at any thing which the Scrip­tures doth affirm, let him commit the same unto Faith, and unto the Holy Ghost. For Moses saith, If the lamb cannot be eaten, let it not be by and by consumed in the fire; but let him first call his neighbour which dwelleth next house unto him; and if they also be not sufficient to eat the lamb, then let it be turned in the fire. So likewise, when as we goe about to seek any thing as touching the Godhead, and that we be not able of our selves to comprehend the same, let us call our neighbour which dwelleth next house unto us; that is to say, let us seek out such a one as dwelleth in the same Catholick faith with us; and if then neither we, nei­ther yet he be able to comprehend the same, let it then be burned with the fire of faith.

But these men, albeit they have many neighbours dwelling near unto them, yet for very pride they will not call any man unto them, chusing rather to continue still ignorant, then to ask any question. And if they do know any man to enquire for his neighbour in such case, by and by they cry out upon him as an heretick; presuming more upon their own heads, than having confidence in their wisdom. But I exhort you to give no credit unto their outward appearance, for already it is verefied in them, which the Satyrical Poet saith; No credit is to be given unto the outward shew: for which of them all is it that doth not abound with most shamefull and detestable vices? And in another place he saith; They are very dainty of their speech, and have great desire to keep si­lence. And thus much hath Mr. Wilhelmus. Let all such [Page 5] hear whom this parable doth touch: for I with the rest of the Masters, Bachelors and Students of our University, considering how hard a matter the condemnation of the forty five Articles of Wickliff, without reason, is, and how grievous a thing it were if we should thereunto consent, doe call together my neighbours, the Doctors of this Universitie, and all others which would object any thing against the same, that we might presently finde out the reason of the condemnation of this article, concern­ning the taking away the temporalties from the Clergie.

Notwithstanding I doe professe that it is not my intent, A Protestation, whereby he gi­veth light unto the Reader, how the proposition aforesaid is to be understood, and addeth, that the goods of the clergy are not utterly to be ta­ken away but in case they doe abuse the same. like as it is not the meaning of the Universitie to per­swade, that Princes or secular Lords should take away the goods from the clergie when they would, or how they would and convert them to what use they list. But our whole intent is, diligently to search out whether this Article, as touching the taking away of temporalties from the Clergie, may have in it any true sense, whereby it may be defended without reproof. Wherefore this Article, being the seventeenth in the number of the forty five is, propounded under this form: The Lords temporal may at their own will and pleasure, take away the temporal goods from the Clergie, if they doe offend, and therein continue. It is thus proved: The Kings of the Old Te­stament took away the temporal goods at Gods comman­dement from the Clergie; that is to say, from the Priests offending. Therefore the Kings of the New Testament, at Gods commandment, may do the like, when as the Priests of the new law do offend. The consequence dependeth upon a similitude. And the antecedent is evident. First, it is proved by Solomon in the 3. of the Kings, 2. chapter, which Solomon deposed Abiathar the high Priest, because he had taken part with Adonias the brother of Solomon to make him King, without the advice either of David, or of Solomon himself, which ought to reign, and set up Sadoc the Priest in the place of Abiathar, because he had not con­sented with Abiathar unto Adonias, as it is written in the 3. book of Kings, 1. chapter, where it is said, Adonias, the [Page 6] son of Agithe, exalted himself, and said, I will reign: and made unto himself chariots and horsemen, and forty men which should [...] before him neither did his father re­buke him at any time, saying, Wherefore hast thou done this? For he was very comely, being second son, next to A solon, and his talk was with I [...]b the son of Sa [...]via, and Abiathar the Priest, which took part with Adonias. But Sadoc the Priest, and Benatas the son of Ioiada, and Nathan the Prophet, and Semei, and Serethi, and Felethi, and all the power of Davids host, were not on Adonias part.

This was the cause of the deposing of Abiathar, because he took part with Adonias, that he should be King against Solomon the eldest Son of King David: wherefore it is writ­ten in the third book, and second chapter of the Kings; The King said unto Abiathar the Priest, Goe your wayes un­to Anathoth thine own field, for thou art a man of death; but this day I will not slay thee, because thou hast carried the Ark of the Lord before my father David, and didst labour in all things wherein my father laboured. Then did Solomom cast out Abiathar, that he should be no more the Priest of the Lord; that the word of the Lord might be fulfilled, which he spake upon the [...] use of H [...]li in Silo.

Behold, the most prudent King Solomon, according to the wisdom which was given him of God, did exercise his power upon the said Priest, putting him out of his priest­hood, and setting in his place Sadoc the Priest. This was a greater matter than to take away the temporalties. If then in the Law of Christ, which now raigneth over us, a Bishop should likewise rebell against the true heir of the kingdom, willing to set up another for King; why should not the King or his heir have power, in like case, to take away the temporalties from him so offending?

2 Item, it is also evident by the King Nabuchodonozor, Nabuchodonozor, which had power given him of God to lead away the chil­dren of Israel, with their Priests and Levites, into the cap­tivity of Babylon, as it is written 4 book of the Kings, 25 chapter.

3 Item, it is read in the 4. book of Kings, and 12. chapt. [Page 7] how that Ioas the most godly King of Iuda, Ioas. according to the wisdom which God had granted him, took away all the consecrate vessels which Iosaphat, Ioram, and Ochosias, his fore-fathers Kings of Iuda had consecrated, and those which he himself had offered, and all the treasure that could be found in the temple of the Lord, and in the Kings Palace, and sent it unto Azthel King of Syria, and he de­parted from Ierusalem. Mark how this most holy King exercised his power, not only in taking away the tempo­ralities of the Priests, but also those things which were consecrate in the Temple of the Lord, to procure unto the Commonwealth, the benefit of peace.

Item, in the 4. book, and 18. chapter of the Kings, it is 4 written, how that the holy King Ezechias took all the treasure that was found in the house of the Lord, Ezechias. and in the Kings treasury, and brake down the Pillars of the Temple of the Lord, and all the plates of gold which he himself had fastned thereupon, and gave them unto the King of the Assyrians; yet was he not rebuked of the Lord there­fore, as he was for his other sins, as it appeareth in the 2d. book of Kings 18. chapter. Forsomuch then as in time of necessity, all things ought to be in common unto Chri­stians, it followeth, that the secular Lords in case of neces­sity, and in many other common cases, may lawfully take away the moveable goods from the Clergy, when they do offend.

Item, it is also read in the 12. of St. Matthew, that the Disciples of Jesus, to slak their hunger, upon the Sabbath 5 day pulled the ears of corn, and did eat them, and the Pha­risees rebuked them therefore; unto whom Christ answer­ed, David. Have ye not read what David did when he was hungry, and [...]ose that were with him: how he entred into the house of the Lord, and did eat the shew bread, which it was not lawfull for him, neither for them that were with him to eat, but only for the Priests? This story is written in the first Book of the Kings, and 21. chapter. And the commandement in the 12. chapter of Deuteronomy. Case of necessity. Whereby it appeareth, that it is lawfull [Page 8] in time of necessity to use any thing, be it never so much consecrate. Otherwise children by giving their movea­bles to the consecration of any Temple, should not be bound to help their parents; which is contrary and a­gainst the Gospel of St. Matthew in the 16. chapt. whereas our Saviour sharply rebuked the Pharisees, that for their own traditions they did transgresse the commandement of God.

6 Item, Titus and Vespasian secular Princes, Titus and Vespa­sian. had power given them of God, twenty four years after the Lords as­cension, to take away the Temporalities from the Priests which had offended against the Lords holy one, and there­by also bereft them of their lives: and it seemeth unto many, they did and might worthily do the same according to Gods good will and pleasure. Then forsomuch as our Priests in these daies may transgresse and offend as much, and rather more against the Lords anointed, it followeth, that by the pleasure of God, the secular Lords may like­wise punish them for their offence.

7 Our Saviour being King of kings, and high Bishop, with his Disciples, The example of Christ paying of tribute. did give tribute unto Caesar, as it ap­peareth in the 17. chapt. of St. Matthews Gospel, and commanded the Scribes and Pharisees to give the like un­to Caesar, St. Matthew 22. Whereby he gave example unto all Priests that would come after him to render tribute unto their Kings: whereupon blessed St. Ambrose in his 4. book upon these words in the 5. of St. Luke, St. Ambrose his mind. ( Cast cu [...] your nets) writeth thus: There is another kind of fishing amongst the Apostles, after which manner the Lord com­manded Peter only to fish, saying, Cast out thy hook, and that fish which cometh first up, take him. And then unto the purpose he saith; It is truly a great and spiritual do­cument, whereby all Christian men are taught, that they ought to be subject unto the higher powers, and that no man ought to think that the Lawe of a King here on earth are to be broken. For if the Son of God did pay tribute, who art thou so great a man, that thinkest thou oughtest [Page 9] not to pay tribute? He payed tribute which had no pos­sessions; and thou which daily seekest after the lucre of the world, why doest thou not acknowledge the obedience and duty of the world? Why doest thou through the ar­rogancy of thy mind exalt thy self above the world, when at, through thine own miserable covetousnesse, thou art subject unto the world? Thus writeth St. Ambrose, and it is put in the 11. caus. qu. 1. Magnum quidem. Christ comman­ded tribute to be paid unto the Emperor. He also writeth upon these words in Luke 20. Shew me a penny, whose Image hath it? if Christ had not the Image of Caesar, why did he pay any tribute? He gave it not of his own, but rendred unto the world, that which was the worlds: and if thou wilt not be in danger of Caesar, possesse not those things which are the worlds; for if thou hast riches thou art in danger of Caesar.

Wherefore if thou wilt owe nothing unto any earthly King, forsake all those things, and follow Christ. If then all Ecclesiastical Ministers, having riches, ought to be un­der the subjection of Kings, and give unto them tribute; it followeth that Kings may lawfully, by the authority which is given them, take away their temporalities from them.

Hereupon St. Paul, acknowledging himself to be under 8 the Jurisdiction of the Emperor, appealed unto Caesar, as it appeareth. Acts 25.

I stand, saith he, at Caesars Judgement seat, Paul appealed to the Emperor. St. Ambrose there in the 8. distinct there I ought to be judged. Whereupon in the 8. Distinction, chapter Quo jure. St. Ambrose allegeth, that all things are lawfull unto the Emperor, and all things under his power. For the Confirmation whereof it is said, Daniel 2. chapter; Daniel 2. The God of heaven hath given unto thee a Kingdom, Strength, Empire, and Glory, and all places wherein the children of men do dwell, and hath given into thy power the beasts of the field, and fowles of the air, and set all things under thy subjection,

Also in the 11. question and 1, he saith; if the Emperor 9 require tribute, we do not deny that the Lands of the Church shall pay tribute; if the Emperor have need of our lands, he hath power [Page 10] to challenge them, let him take them, if he will; I do not give them unto the Emperor, neither do I deny them. This writeth St. Ambrose, expresly declaring that the secular Lord hath power at his pleasure to take away the Lands of the Church; and so consequently the secular Lords have pow­er at their own pleasures to take away the Temporal goods from the Ecclesiastical Ministers, when they do offend.

10 Item, St. Augustine writeth; St. Augustine. If thou saiest, what have we to do with the Emperor? But now as I said, we speak of mans Law. The Apostles would be obedient unto Kings, and honour them, saying, Reverence your Kings; and do not say, what have I to do with the King? What hast thou then to do with possessions? By the Kings Law thy possessions are possessed. Thou hast said, what have I to do with the King? but do not say, what have thy possessions to do with the King? For then hast thou re­nounced the Laws of men, whereby thou diddest possesse thy Lands. Thus writeth St. Augustine in his 8. distinction, by whose words it is manifest, that the King hath power over the Church goods, and consequently may take them away from the Clergy, transgressing or offending.

11 Item, in his three and thirtieth Epistle unto Boniface, he saith, Magistrates, keepers of both Laws. What sober man will say unto our Kings, Care not you in your Kingdom, by whom the Church of the Lord is maintained, or by whom it is oppressed; it pertaineth not unto you, who will be either a religious man, or who will be a Church robber? Unto whom it may be thus answered: Doth it not pertain un­to us in our Kingdom, who will either live a chast life, or who will be an unchast whoremonger? Behold, The duty of Kings to punish the Clergy. this holy man sheweth here how that it is the duty of Kings to pu­nish such as are robbers of Churches, and consequently the proud Clergy when as they do offend.

12 Item, he writeth in the 33. caus. quest. 7. Si de Rebus; The secular Lords may lawfully take away the Temporal goods from hereticks; and forsomuch it is a case greatly possible that many of the Clergy are users of Simony, and thereby hereticks, therefore the secular Lords may very lawfully [Page 11] take away their temporalities from them. For what un­worthy thing is it, saith St. Augustine, if the Catholicks do possesse, according unto the will of the Lord, those things which the hereticks held? Forsomuch as this is the word of the Lord unto all wicked men, Matthew 21. Mat. 21. The King­dom of God shall be taken away from you, and given unto a nation which shall do the righteousnesse thereof; is it in vain which is written in the 17. chapter of the book of wisdom? Wisedom 11. The just shall eat the labours of the wicked.

And whereas it may be objected as touching the desire of other mens goods; An objection of the desire of other mens goods. St. Augustine answereth, That by that Evidence the seven Nations, which did abuse the Land of Promise, and were driven out from thence by the power of God, may object the same unto the people of God, which inhabit the same. And the Jews themselves, from whom, according unto the Word of the Lord, the King­dom is taken away and given unto a people, which shall do the works of righteousnesse, may object the same unto the Church of Christ, as touching the desire of other mens goods; but St. Augustines answer is thus.

We, saith he, do not desire another mans goods; for­somuch as they are ours by the commandement of him, by whom all things were made. By like evidence the Clergy having offended, their temporal goods are made the goods of others, for the profit of the Church. To this purpose also, according to St. Augustine, St. Augustine 14. quest. 4. serveth the 14. question 4. Unto a mis-believer it is not a half-penny matter, but unto the faithfull is a whole world of riches: shall we not then convince all such to possesse another mans goods, which seemed to have gathered great riches together, and know not how to use them; for that truly is not anothers, which is possessed by right: and that is lawfully possessed, which is justly possessed; and that is justly possessed, which is well possessed. Ergo, all that which is evil possessed is another mans, and he doth ill possesse it, which doth evil use it.

If then any of the Clergy do abuse the temporal goods, [Page 12] the temporal Lords may at their own pleasure, according unto the rule of charity, take away the said temporal go [...]d [...] from the Clergy so transgressing. For then, ac­cording, to the allegation aforesaid, the Clergy doth not j [...]l [...] p [...]ssesse those temporal goods, but the temporal Lord [...], proceeding according to the rule of charity, do justly possesse those temporalities, for somuch as all things are the just mans. 1 Cor. 3. 1 Cor. 3. chapter, All things, saith the Apostle are yours; whether it be Paul, or Apollo, or C [...], either the world, either life or death, or things [...], or things to come: for all things be yours, you be Christs, [...] and Christ is Gods. Also in the 23. question 7. Qui [...]q [...]e, it is written, Iure divino omnia sunt just [...] ­ [...]. The words of St. Augustine in that place, ad Vin­ [...]um, be these; Whosoever, saith he, upon the occasion of this Law or Ordinance of the Emperor, doth molest or persecute you, not for love of any charitable correction, but only for hatred and malice to do you displeasure, I hold not with him in so doing.

And although there is nothing here in this earth, that any man may possesse assuredly, but either he must hold it by Gods law, by which cuncta justorum esse dicuntur; that is, all things be said to pertain to the possession of the just: or else by mans law, which standeth in the Kings power to set and to ordain, &c. Here, by the words of St. Augustine alleaged, ye see all things belong to the possessi­on of the just, by Gods law.

13 Item, forsomuch as the Clergy by means of their pos­sessions are in danger of the Emperor and King: The clergy sub­ject unto the Emperor and King by means of their possessi­ons. it follow­eth, that if they do offend, the Emperor or King may law­fully take away their possessions from them. The conse­quence dependeth on this point, forsomuch as otherwise they were not in subjection under the Emperor or King: and the antecedent is manifest by the 11. question and first Parag. His ita respondetur. Whereas it is specified in Latine thus: His ita respondetur, Clerici ex officio Episcopo sunt sup­positi, ex possessionibus praediorum Imperatori sunt obnoxii: ab Episcopo unctronem, decimas, & primitias accipiunt; ab Impe­ratore verò praediorum possessiones nanciscuntur: that is to say, [Page 13] The Clergy by meanes of their office are under the Bishop, but by reason of their possessions they be subject unto the Emperor: Of the Bishop they receive unction, tithes, and first fruits; of the Emperor they receive possessions. Thus then it is decreed by the Emperial law, that livelihoods should be possessed: whereby it appeareth, that the Cler­gy by the possession of their livelihoods are in danger of the Emperor for him to take away from them, or to cor­rect them according to their deservings, and to have the controulment of them, as it shall seem good unto him.

Item, The temporal Lords may take away the tempo­ralities 14 from such as use Simony, [...] because they are here­ticks. Ergo, this Article is true.

The antecedent is manifest forsomuch as the secular Lords may refuse such as use Simony, and punish them except they do repent. For by the decree of Pope Pas­chasius in the first and last question it appeareth, Pas­chasius in [...]. cap. [...]. that all such as used Simony were to be refused of all faithfull people, as chief and principal hereticks; and if they do not repent after they be warned, they are also to be pu­nished by the extreme power. For all other faults and crimes, in comparison of Simoney, be counted but light, and seem small offences.

Whereupon the glosse, expounding the same text, saith, that by this word externe, is understood the laity, The [...] the Clergy. which have power over the Clergy, besides the Church, as in the 17. distinct. Non licuit, & 23. question 5. principes. Whereby it is evident, that the temporal Lords may take away the temporal goods from the Clergy when as they do offend.

Item, St. Gregory in the Register upon his seventh Book 15 and ninth Chapter, writeth thus unto the French Queen: Gregory writ­eth to the French Queen. Forsomuch as it is written that righteousnesse helpeth the people, and sin maketh them miserable: then is that Kingdom counted stable, when as the offence which is known, is soon amended.

Therefore, forsomuch as wicked Priests are the cause of the ruine of the people, Wicked Priests the destruction of the people. (for who shall take upon him, [Page 14] to be intercessor for the sins of the people, if the Priest which ought to intreat for the same, have committed greater offences) and under your dominions the Priest do live wickedly and unchastly; therefore that the offence of a few might not turn to the destruction of many, we ought earnestly to seek the punishment of the same. And it followeth, if we do command any person, we do send him forth, with the consent of your authority, who to­gether with other Priests, shall diligently seek out, and according unto Gods word correct and amend the same. Neither are these things to be dissembled, the which we have spoken of, for he that may correct any thing, and doth neglect the same, without all doubt he maketh him­self partaker of the sin or offence.

Therefore foresee unto your own soul, provide for your nephews, and for such as you do desire to reign after you, provide for your country, and with diligence pro­vide for the correction and punishment of that sin, before our Creator do stretch out his hand to strike.

And in his next Chapter he writeth unto the French King: Whatsoever you do understand to pertain either unto the honour and glory of our God, to the reverence of the Church, or to the honour of the Priests, that do you diligently cause to be decreed, and in all points to be observed. St. Gregory to the French King Wherefore once again we do move you, that you command a Synod to be congregate, and as we wrote lately unto you, to cause all the carnal vices, which raign amongst your Priests, and all the wickednesse and Simony of your Bishops (which is most hard to be condemned and reproved) utterly to be banished out of your Kingdom; and that you will not suffer them to possesse any more substance under your dominion, then Gods commande­ment doth allow.

Behold how carefully blessed Gregory doth exhort the Queen and the King to punish the vices of the Clergy, lest through their negligence they should be partakers of the same; and how they ought to correct their Subjects. For as it is convenient to be circumspect and carefull [Page 15] against the outward enemies; even so likewise ought they to be against the inward enemies of the soul. And like as in just war against the outward enemies it is lawfull to take away their goods, so long as they continue in their malice; so also is it lawfull to take away the goods of the Clergy, being the inward enemy. The consequence is proved thus; for so much as the domestical enemies are most hurtfull.

Item, it is thus argued; if God be, the temporal Lords 16 may meritoriously and lawfully take away the temporal goods from the Clergy, if they do offend. For this point let us suppose that we speak of power, as the true authen­tike Scripture doth speak, Mat 3. 9. God is able even of these stones to raise up Children unto Abraham.

Whereupon it is thus argued; for if God be, he is om­nipotent, and if he so be, he may give like power unto the secular Lords. And so consequently they may meritori­ously and lawfully use the same power. But lest that any man may object, that a proof made by a strange thing is not sufficient; it is therefore declared how that the tem­poral Lords have power to take away their almes bestow­ed upon the Church, the Church abusing the same, as it shall be proved hereafter. And first thus; It is lawfull for Kings, in cases limited by the Law, to take away the movables from the Clergy when they do offend: it is thus proved; For the temporal Lords are most bound unto the works of greatest mercy most easie for them: but in case possible, it should be greater almes, and easier tem­poral dominion, to take away their almes from such as build therewithall unto eternal damnation, through the abuse thereof, than to give the said almes for any bodily relief, Ergo, the assumption is true.

Whereupon first this sentence of the Law of Christ in the second Epistle to the Thessalonians the third Chapter is noted, whereas the Apostle writeth thus; When we were amongst you, we declared this unto you, that he that would not work should not eat. Wherefore the law of nature doth li­cense all such as have the governance of Kingdoms, to [Page 16] correct the abuse of the temporalities, which would be the chief cause of the destruction of their Kingdoms; whether the temporal Lords, or any other, had endowed the Church with those temporalities or not. It is lawfull for them in some case to take away the temporalities, as it were by way of Physick to withstand sin, notwithstand­ing any excommunication, or other Ecclesiastical censures; forsomuch as they are not endowed, but only with Beneficium propter affictum. con­dition thereunto annexed.

When and how the title of any gift is l [...]st.Hereby it appeareth, that the condition annexed to the endowing, or enriching of any Church; is, that God should be honored: the which condition if it once fail, the contrary taking place, the title of the gift is lost, and consequently the Lord which gave the almes ought to cor­rect the offence. Excommunication ought not to let the fulfilling of justice. Secondly, according to the Canon Law, 16 question 7. this sentence is noted, where it is thus spoken, as touching the Children, Nephews, and the most honest of the kindred of him which hath builded or en­dowed the Church: That it is lawfull for them to be thus cir­cumspect, that if they perceive the Priest do defraud any part of that which is bestowed, they should either gently admonish or warn him, or else complain of him to the Bishop, that he may be correct­ed. But if the Bishop himself attempt to do the like, let them complain of him to his Metropolitane: and if the Metropolitane do the like, let them not defer the time to report it in the ears of the King. For so saith the Canon, Let them not defer to report it in the ears of the King. To what end I pray you, but that he should do correction: neither is it to be doubted, but that correction doth more appertain unto the King in this point for their goods, whereof he is chief Lord, by a sub­straction proportional according to the fault or offence.

17 Item, is thus proved; It is lawfull for the secular Lords by their power to do correction upon the Clergy by some kind of fearfull discipline appertaining to their secular power: It is lawfull for the civil rulers to correct the Clergy. Ergo, by like reason it is lawfull for them by their power to do such correction, by all kind of fearfull disci­pline [Page 17] pertaining unto their secular power. For so much then as the taking of their temporalities is a kind of fear­full discipline pertaining unto the secular power; it fol­loweth, that it is lawfull for them thereby to do such cor­rection. And consequently it followeth that the truth is thus to be proved. The consequence is evident; and the antecedent is proved by Isidore 23. quest. 5. Principes, where it is thus written; There should be no secular powers within the Church, but only for this purpose, that whatsoever thing the Priests or Ministers cannot bring to passe by preachings or teachings, the secular powers may command the same by the terrour and fear of discipline. For oftentimes the heavenly Kingdom is profited and bolden by the earthly Kingdom: that they which are in the Church, and do any thing contrary unto faith and discipline, by the rigour of the Princes may be troden down, and that the power of the rulers may lay that discipline upon the necks of the proud and stif-necked, which the utility and profit of the Church cannot exercise or use.

Item, all things that by power ought to work or bring 18 to any perfect end by the reasonable measuring of the mean thereto, may lawfully use by power the substraction or ta­king away of the excesse, and the addition of the want of the means, according as shall be convenient or meet for the measure to be made. For so much then as the secular Lords ought by their power to provide for the necessary sustentation of the Christian Clergy, by the reasonable measuring of their temporalities, which they are bound to bestow upon the Christian Clergy, it followeth that they may lawfully by their power use the taking away or putting unto of those temporalities according as shall be convenient for the performance of that reasonable matter.

Item, it is lawfull for the Clergy, by their power to 19 take away the Sacraments of the Church from the laity customably offending, for so much as it doth pertain to the office of the Christian Ministers by their power to minister the same unto the Lay people. Wherefore, for so much as it doth pertain unto the office of the Laity, according unto their power to minister, and give temporalities to the [Page 18] Clergy of Christ, as the Apostle saith, 1 Cor. 9. It follow­eth, that it is also lawfull for them by their power to take away the temporalities from the Clergy, when they do customably sin and offend.

20 Item, by like power may he which giveth a stipend or ex­hibition, withdraw and take away the same from the un­worthy labourers, as he hath power to give the same unto the worthy labourers: for so much then as temporalities of the Clergy, are the stipends of the Laity; it followeth that the Lay people may by as good authority take away again the same from the Clergy, which will not worthily labour, as they might by their power bestow the same upon those which would worthily labour, according to the say­ing of the Gospel, Mat. 21. The Kingdom shall be taken away from you, and given unto a people which shall bring forth the fruits thereof.

21 Item, it is also lawfull for the secular Lords, by their power, to chastise and punish the Lay people when they do offend, by taking away of their temporalities accord­ing to the exigent of their offence, for so much as the Lay people are subject under the dominion of the secular Lords, as appeareth, Romans 13. and many other places, it is evi­dent that it is lawfull by their power to punish the Clergy, by taking away of their temporalities, if their offence do so deserve.

22 Item, the true and easie direction of the Clergy unto the life of Who were ve­ry poor and had no Lands nor Temporalities Mat. 8. 20. c. 19.27. Luke 8. 3. c. 9. 58 Acts 3.3,5,6. 1 Cor. 4.9, to 15. 2 Cor. 6. 4, 10. c 8.9. Phil. 2. 25. c. 4. 11, to 20. Christ and the Apostles, and most profitable unto the Laity, that the Clergy should not live contrary unto Christs institution, seemeth to be the taking away of their almes, and those things which they had bestowed upon them. And it is thus proved: That medicine is most apt to be laid unto the sore, whereby the infirmity might soon­est be holpen, and were most agreeable unto the patients: Such is the taking away of the temporalities: Ergo, this article is true. The minor is thus proved, for so much as by the abundance of temporalities, the worm or serpent of pride is sprung up, whereupon unsatiable desire and lust is [Page 19] inflamed, and therefrom proceedeth all kind of gluttony and leachery. It is evident in this point, for so much as the temporalities being once taken away, every one of those sins is either utterly taken away, or at the least dimi­nished, by the contrary vertue induced and brought in [...] It seemeth also most pertinent unto the Laity, for so much as they ought not to lay violent hands upon their Ministers, or to abject the Priestly dignity, By the Law of that age. neither to judge any of the Clergy in their open Courts. It seemeth also by the Law of Conscience to pertain unto the lay people, for so much as every man, which worketh any work of mercy, ought deli [...]ently to have respect unto the ability of them that he bestoweth his almes upon, lest that by nourishing or helping loyterers, he be made partaker of his offence. Whereupon, if Priests do not minister of their temporali­ties, as Hostiensis teacheth in his 3d. book of their Tither, First-fruits and Oblations, the people ought to take away the almes of their Tithes from them.

Item, it is confirmed by the last chapter of the sevententh 23 question, out of the decree of rents appropriate unto the Church, Quicunque. Whereas the case is put thus, That a certain man having no children, neither hoping to have any, gave all his goods unto the Church, reserving unto himself the only use and profits thereof: it happened afterward that he had children, and the Bishop restored again his goods unto him not hoping for it. The Bishop had it in his power, whether to render again, or no, those things which were given him; but that was by the law of Man, and not by the law of Conscience. If then by the decree of the holy Doctor St. Augustine, in his Sermon of the life of the Clergy, Aurelius the Bishop of Carthage had no power by Gods law to withhold that which is bestowed upon the Church for the necessity of children; by the which law, the wanton, proud, and un­stable Clergy, being more then sufficiently possessed and enriched, do detain and keep back the temporalities to the detriment and hurt of their own state, and of the whole militant Church, the secular patrons being thereby so im­poverished, [Page 20] that they are compelled by penury to rob and steal, to oppresse their tenants, to spoil and undo others, and oftentimes by very necessity are driven to beggery.

24 Item, suppose that a Priest and Minister, how grievously soever he do offend, by what kind or sign of offence soever it be, as it was in the case of Bishop Iudas Iscarioth: of the religious Monk Sergius, of Pope Leo the heretick, and ma­ny other Priests, of whom the Scripture and Chronicles make mention, and daily experience doth teach us the same: it is evident that, as it is supposed, the Priests in the Kingdom of Boheme grievously offending,, it is the Kings, part, for so much as he is supreme head next under God, and Lord of the Kingdom of Boheme, to correct and punish those Priests. And for so much as the gentlest correction and punishment of such as be indurate in their malice, is, the taking away of their temporal goods, it followeth, that it is lawfull for the King to take away temporalities. Wherefore it should seem very marvellous and strange, if that Priests riding about should spoil Virgins, violently corrupt and defile honest Matrons; if in such case it were not lawfull for them to take away their Armours, Wea­pons, Horses, Guns and Swords from them. The like reason were it also, if they had unlawfully conspired the death of the King, or that they would betray the King un­to his enemies.

25 Item, whatsoever any of the Clergy doth require or de­sire of the secular power, according unto the Law and Or­dinance of Christ, the secular power ought to perform and grant the same. But the Clergy being letted by riches, ought to require help of the secular power for the dispen­sation of the said riches. Ergo, the secular power ought in such case, by the law of Christ, to take upon them the of­fice or duty of getting, keeping, and distributing all such manner of riches. The minor is hereby proved, that no man ought to have riches, but to that end, that they be helps, preferring and helping unto the office which is ap­pointed of God. Therefore in case that secular possessions [Page 21] do hinder the Clergy from their duty, the secular power ought to take it away, for so did the Apostles, Acts 6. saying, It is not lawfull for us to leave the Word of God untaught, and to minister unto tables.

It is confirmed, Every good Christian is bound to be 26 helpfull to his neighbour in those things, especially which do concern the publick good: But it will be a great help to a Clergy man to be deprived of his temporal possessions, it being granted, they do 2 Tim 2. 4. Mat. 10. 9 10. Phil 3 Id. 19. 20. 2 Tim. 4 1 [...].retard him from his duty due un­to God; Therefore the person more sufficient is bound in such a case by the Law of Christ, to deprive him of tempo­ral possessions; But Kings and Lords temporal are the most sufficient for this, being truly said to be Lords and Posses­sors of temporal estates: and undoubtedly this would espe­cially concern the publick good, to make such a de-genera­tion of temporals, which in their nature are but a burden to a Clergy man, Luke 8. 7, 14. retarding him in his spiritual duties, and so many thorns (as our Saviour speaks it in the 8. of St. Luke) Choaking the Word of God.

Moreover, Kings and secular Princes are the chief or ca­pital 27 Lords of goods temporal, having a care over the Church, and a special power for the inferring of such a Coaction, as it is manifest 2 [...]. quest. 5. Principes, where by the authority of Isiodore 30. Etymol. 53. It is thus written: Let secular Princes know, that they must render an account to God for the Church which they are to maintain for Christ. And in the same question it followeth, It is proper to Kings to execute Iustice, and Righteousnesse, and to deliver from the hand of the gain sayers and slanderers, those who are orpressed by force, and to assist the Stranger, Orphan, and Widow, who more easily are op­pressed by the powerfull. The duty of Kings. And in the same question it follow­eth, The King ought to prohibit thesis, punish adulteries, destroy the wic [...]ed from the earth, not suffer paricide and perjured persons to live, nor their own sons to live wickedly. And by declaring where a Bishop abuseth the goods of the Church, Blessed Gregory writes thus, as it is recited in the Decretals, 16. quest. 7. Decret. where having taught, that the goods of the [Page 22] Church are common, he subjoyneth, We have received a bad re­port that some Bishops confer not the Tithes belonging to their Dio­cesse, and the Oblations of charitable Christians on the Priests, or [...]oor, but on Lay persons, viz. Souldiers, or their own Servants, or, which is worse, on As most do now. their Kindred; If therefore any Bishop shall be found to be a transgressor of this Precept, he is to be ranked amongst the greatest Hereticks, and Anti-christs. And as the Nycen Coun­cil censured of persons guilty of Simony, Bishops confer­red [...]thes [...]n unworthy persons both the Bishop who giveth, and the Lay men who receive, are without ransome, price, or benefit to be condemned to the punishment of everlasting fire. Therefore what faithfull King, Prince or Lord would not resist such contagious persons who infect their own mo­ther. Whence 3. quest. 2. Si Episcopus, The Canon speak­eth in these words, If a Bishop by his ill life shall wast the goods of the Church, he is to be removed from his Patrimony untill full knowledge be had of the dilapidation he hath made, after the Exam­ple of Tutors and Curats, who being suspected are removed from their Cure or Tutelage, untill a more full knowledge he had of the suspected person. But the Doctors say, that the dilapidation ought first to be proved, which being done, an assistant ought to be given to him to the end of the Trial, but the Correction would then be taken from the secular Prince; It seemeth there­fore the correction of the Prelate being wanting; It be­longeth to the King to dispose of his goods according to the Civil Law.

28 Every Member of the Church ought to help one ano­ther, but temporal Lords are Members of the Church with Priests beneficed. But the case so may be that the chiefest help they can afford them, is to deprive them of their tem­poral goods, therefore in such a case they ought to do it. And the Power or the Sword of which the Apostle maketh mention Rom. 13 being sufficient for this; And by conse­quent it being superfluous to appoint another, it seems they have a power whether some case doth extend it self to the correction of the Clergy. For if I ought to help even the beast of my enemy being out of the way, or lying down, Exod. 21. How much more in the new Testament, having the opportunity [Page 23] and power so to do, ought I to free from the jaws of the De­vil, the Soul of my Curate insnared with the Mammon of Inquity.

There being a power of Fact, and a power of Right; It 29 is granted, that the King de facto may take away the Tem­porals from a Clergy-man, being a Delinquent; and it is granted withall, that the taking away of the said Goods may be an occasion to that Ecclesiastick person, Mark 10. 21. to 31. c. 28. 34 2 Tim 2.4. for the abandoning of all wordly affairs, and devoting himself more peculiarly to the worship of God. This Case will not be denyed by any faithfull Christian, not over-blind­ed with the dross of Temporal things. For as St. Augu­stin saith, It is expedient for many to fall into manifest sins, that knowing their own frailty they may live more humbly, and by grieving for their sins, they may be more cautious how they sin again. A Sin commit­ted and acknow­ledge, doth render us more carefull. It is therefore much more expedient that many be poor, and to be without the civil Dominion. The Case admitted, it is manifest, that the King doth a good work in the General; now every such work may be well done; therefore he may well take away the Goods from an Ecclesiastical person: for if the greater part of evil works may in the generality of them be well done, much more may every good work in the generality of it; For it is not repugnant to Grace or Almes that this good work pro­ceedeth from it: neither is it to be doubted, but that God in such a Case doth give a power to the King, which he eternally ordaineth to the performance of his pleasure. It being granted then that the King, and the said Ecclesia­stick may reign together in Heaven, there would be both notice and joy for the taking away of such a Temporal estate, although by our Childish blindness it appeareth to men of a grosse understanding to be disadvantageous.

Again, if this be an error, that Temporal Lords may at 30 their pleasure take away temporal things from Ecclesiasti­cal persons, being habitually Delinquent; then it is false also against the true way of the Church, and so Heresie, because that All truth is in the holy Scripture, as Saint Augustine often affirmeth; and by consequent, since this [Page 24] way should be a falshood, it followeth that it would be contrary to the holy Scripture. And certain it is, that it is pertinaciously and strongly defended, because Kings and Princes believe that it pertaineth to their Soveraignty to have this powers; for grant the contrary, it will follow, that Ecclesiastical persons, seeing they are great Trangres­sors, may destroy both Kingdoms and their People, to prevent which it may be lawfull for the King to resist the Clergy, or to impugn his Charity, by the ablation of his proper Almes, and those Temporal goods, which are the Fire exciting hereunto. Now the King could not law­fully punish the bodies of such Traytors, if he could not lawfully take from them, and alienate their Temporal estates, over which he hath a special Dominion. And since this power is the chiefest Royalty of the King, it would be the same thing to infringe this power, and sub­tilly to overthrow the Government of the Kingdom.

31 Again, seeing many Kings, and Nobles being Catho­licks have oftentimes exercised that power; it were the same, according to such a form, to assert the assumption, and afterwards to condemn the Lives and Souls of those He­reticks, which the Heirs of Kings, and especially their Sons have stoutly opposed; for thus, according to the Priests and Pharises accusing Christ of Heresie, they would impose a manifest Error, and Heresie on the King, of whom they have so great a Temporal assistance: But God when he pleaseth will move the heart of the King, to overthrow their madness.

32 Again, Ecclesiastical persons are either the Chief Lords of those Revenues, and Temporal estates which the King hath given to them, The Lord Pre­lates have the fourth or third part of the Re­venues of this Kingdom. or they are not; if they are, it truly followeth, that for the greatest part those Ecclesiastical men are the chief Lords of our Kingdoms; and so, as to their Temporals, not subject to the King, which it seem­eth they themselves do conceive. The first consequence is manifest by this, because the Clergy-men of our Kingdom have the fourth, or third part of the Revenues of it. And from hence it is, that they will not be called Presbyters, [Page 25] but Lord Prelates, L. Praepositors, L. Canonicals, L. Prebends, Note. L. Presbyters. And if any man shall call them Presbyters, they are presently angry, as if you had called them Common-cryers, or Tormentors. But if the Clergy-men, Note. are not the chief Lords of those Revenues, and Temporal estates which the King hath given them, as holy men are of opi­nion, who say, That Ecclesiastical Persons are not Lords, but Attornies or Procurers only for poor men; it then followeth, That the King is the Soveraign Lord of their Goods and Estates, and by consequent, can take them away from those Ecclesia­stical persons, who are Delinquents, and bestow them on the poor of Christ. And from hence it is the Canon affirmeth, St. Ambrose. that in the time of necessity, to provide for the poors relief the Goods of the Church may be sold by the Priests, 12. quest. 2. cap. Sicut Ec­clesiast. Parag. Secundo. On which St. Ambrose limiteth the cases in which they may break and sell the Vessels consecrated to the Church, as it is manifest, Dist. 96. Whatsoever in Gold, The selling of Gold and Silver Vessels and Vest­ments. Pearls or Iewels, or in Silver, or in Vestments shall appear to be less usefull, which cannot long be kept, or continue for the ser­vice of the Church, let them be sold according to their full va­lue, and the profit thereof be given to the poor. Saint Ambrose doth insist also at large upon this particular in his fifth book of Offices.

Again, many Kings have oftentimes wholly taken away the 33 Temporal estate from the Clergy, The Templers. as it is manifest by the de­struction of the Templers, and many other private ablati­ons; but they never did, or could do so lawfully, as is manifest by the This argu­ment is by way of retorsion. These Lands being ta­ken from the Templers by the Pope and Cler­gies consents & solicitations. Adversaries. Therefore in this they did that which lawfully they could not do. And moreover, in this they did that which they could not do meritori­ously, or according to the law of God. And seeing that every work of man proceeding from deliberation is ei­ther lawfull, or unlawfull, meritorious, or demeritorious, it followeth that they did it unlawfully or demeritori­ously; and it followeth moreover, that inso doing they fell into a dangerous error, and as destructive to the Soul as to the Body: and that this error is directly contrary to the Catholick truth, it doth appear by a threefold con­sideration. [Page 26] First, That Kings by so doing did that which neither was nor could be lawfull. Secondly, Because they took away the Goods of other men against a com­mandement of the second Table. And thirdly, Because they did it not in Almes, which is against the Catholick truth, Let all things what you do be done in Almes. All the Antecedent is granted by the Adversaries; and this error being in Fact, i [...] Kings pertinaciously shall defend it, resol­ving by their power (as if a lawfull one) to take away from Ecclesiastical persons, though Delinquents, their Temporal Goods, they are in a Heresie. From which it further followeth, that Kings persisting in so doing are Hereticks; and if they shall defend what they have done unto death, it followeth that they are Hereticks, and dam­ned; and from this again, it farther followeth, that Clergy-men benesiced who do believe what here is said, should not pray for the said Kings deceased.

34 Again, the Emperour or a King, not only oughteth, but it becommeth him so to indow the Church, A [...] en­d [...]wed [...]. that he may lawfully take from it his gifts of Almes, in case that the abuse thereof doth tend to the detriment of his Kingdom, and the hinderance of the preaching of the Gospel. Suppose therefore, that under such a condition he hath endowed such a Church, it may thereupon be thus argued. If according unto that form the Emperour or the King had endowed the Church of Prague, he might lawfully in the case of the Detriment of his Kingdom, or in the contempt of his own person, or in the case of the not preaching of the Gospel, take away his gifts of Almes. But the Emperour or the King could under such a condition have endowed the Church of Prague; Therefore for the contempt of the Clergy he could lawfully take away the said gifts of Almes he had given. The condition therefore being lawfull and honest, and the custom both of the King and kingdom, do show that condition in facto to be added. It seemeth to be too presumptuous an asserti­on, that our Princes cannot take from them their gifts of Alms, be the faults they have commited never so enormous; yea when it was properly in their power to adde such a condition. [Page 27] And again, when as those who received those gifts of Almes could commit never so grievous offences, as alrea­dy I have said. It is manifest, that our Princes have a simple and an absolute power to withdraw their gifts of Almes, a pos­sible danger being imminent, and by the same rule it followeth, that on the like po [...]sible emergencies they may do it for the time to come.

Again, the King of Bohemia, or the Emperour indowing 35 his Church, neither ought, or [...] it to the weakning, or the worsting of his kingdom. For all power is from God, Rom. 13. which cannot give any power to this end. But suppose it so should come to pass, that a King or the Emperour had ab­solutely indowed a Church without such a condition to be understood, yet such a condition ought to be understood; Note. and by consequent, when such a condition of the Clergy doth fall out, the King by taking the Temporals from them into his own hands doth do no injury to the Clergy, the condition being dis­solved and made null by his or their defect. The minor of the Argument is thus proved, If all those Goods with which our Church is indued did immediately and directly so pertain to the Pope, that the King had no interest neither in the possessions nor the persons, the fourth part of the kingdom and more being devolved to a Mortmayn, it would follow, that our King is not King of all Bohemia, more than the fourth part thereof being fallen into a Mort­mayn for the Clergy; The fear least the whole pos­session of the Kingdom of Bo­hemia be de­v [...]lved to the Clergy, as in the Rhene. and the possessions of the Clergy eve­ry day increasing; and the possessions of the Barons, Knights, and other Seculars every day decreasing, it may easily come to pass, that the whole possession of the Kingdom of Bohemia, may be devolved to the Clergy, as it hath come to passe in the Rhene.

If this comes to pass, the Dominion of our King, and of the Ba­rons will be extinguished, and by consequence all Soveraignty; for it is not lawfull for the King (as the Clergy do affirm) to in­terpose in matters concerning themselves, or their possessi­on, be their offences never so haynous; neither is it lawfull for the King to meddle with their Temporals, how great soever the abuse doth tend to the indangering of the king­dom, [Page 28] because (they say) they are exempted from all Kingly jurisdiction, both in Body and in Goods, and im­mediately subject to the Pope, The Clergy un­willing to be subjected to the King. And thereupon committing insolencies in the kingdom, they will not be corrected by the King, but are like good or evil Angels, not subject to the King in his own kingdom.

36 Again, according to the Decrees of Gregorie, 2. quaest. 3. He ought altogether to lose his privilege, who abuseth the Power that is committed to him; but every Clergy-man abu­sing the Kings gifts of Almes, doth abuse the power com­mitted to him; That indowment therefore being a Privi­lege, it directly followeth, The abuse of gifts. that he ought altogether to lose it.

And to whom, but to the King who did impriviledge him? for it is his priviledge to interpret, and to defend, or take away, whose priviledge it is to make.

37 It is confirmed by that of Matthew, Chap. 23. To every one that hath it shall be given, and he shall abound: and to him that hath not, even that shall be taken which he hath. When the King is obliged so to abound by the Title of his Ju­stice, it seemeth that the Ablation, or the taking away from him whom he hath indowed with Church gifts, ought to proceed from the King himselfe; it being supposed it may so come to pass, that he may seem to have those gifts of Almes which he hath not.

38 It is confirmed also by the law and due of these Spiritu­al gifts of Almes; for the King is bound by the laws of God and of his Kingdom to preserve Justice, for the safety of his Liege-people. But the chief work of such a mercy which belongeth to a King is a coactive castigation, to con­tinue such works of Almes which he ought to see perfor­med. The Clergy-men therefore who take the greatest of­fence at the taking away of Temporals, do yet challenge, that the Seculars do defend the gifts of their Progenitors remaining in their strength; which cannot be, unlesse the Church hath the profit from such gifts of Almes, in such a man­ner, that being put together it may remain upon the ac­count of Priviledge, or of free gifts of Almes, which is ex­tinguished when the said Clergy-men do abuse their gifts, ac­cording [Page 29] to the Decrees of Gregory alledged in the fore­going confirmation. If therefore the Temporal Lords (as the Clergy-men who enjoy these Gifts of Alms do chal­lenge) are bound to continue the charitable Donations of their Fathers, whose Heirs they are; they are then bound to con­form themselves to that which followeth; for otherwise they would be obliged to Contradictories against the possibi­lity of the Divine law, viz. both to continue the said Gifts of Almes, and to defend their abuses in the several species of them; according to which sense, they do want the form and the very essence of a spiritual Gift of Alms. There­fore when Kings and Secular Lords are bound to continue the Almes of their Progenitors in the perpetuity of them, they are obliged also by the law of Spiritual almes to chastise their Liege-people abusing them. They are obliged also by that Obligation, to do justice to their Subjects, and to extinguish those injuries which most dangerously tend to the ruine of their Subjects.

It is manifest, that in some case they are bound to re­store their Goods to the Holy Church, and to take them away from the Despisers of God and his Kingdom; for this was the condition of the first and antient Donation. There­fore if our King have not the power over these his Peers to correct the abuse of Almes in his Clergy, he hath not the power of governing politickly over all his Kingdom; But yet if we do well attend to the holy Scripture, we shall know what is spoken of the priviledge of the King, to wit, that he hath a coercive power over the Clergy; and the Clergy have a priviledge also, that they have such a One set over them, to whom deservedly they may submit themselves.

Again, Kings and Princes, and all Lords Temporal are 39: bound to a Brotherly correction, some circumstances con­curring, which require such a correction. But it may well come to pass, that a Clergy-man may transgresse with such a circumstance, that a Brotherly correction of him may be most needfull and effectual, by merely taking away from him those Temporals which he abuseth.; Therefore it may so come [Page 30] to pass, the Temporal Lords by the Law of Christ are bound unto it; neither doth it any thing avayl to say, that the Dispen­s [...]cion of the Pope, or any Priviledge, or Exemption doth exclude it; for God forbid, that a Catholick should affirm, that it is lawfull for Christs Vicar to do that by his Tra­ditions, which may hinder, or derogate from the Practick law of Christ, and impede Catholick Lords from an effe­ctual, and a profitable correction of the Church; for it is not lawfull for a man so to exempt any, as if he shall fall into a sin, it shall not be in his Power to correct him.

Dispensation.Upon this account it is, that St. Bernard in his third Book to Pope Eugenius, calls a Dispensation which is not for the Publick good, a Dissipation; And hereupon he hath these words, What? Do you forbid to dispence? No, but to dissipate; I am not so silly as to be ignorant that you are made Dispencers but to edification, not to destruction. Amongst Dispen­sators, or Dispensers it is required, that a man be found faithfull: when Necessity urgeth, a Dispensation is excusable; when Profit inviteth it, the Dispensation is laudible; but this Profit must be publick, and common, and not private and particular; for where neither of these two are, it is not a faithfull Dispensation, but a cruel Dissipation.

From the words of this Saint it is manifest, that privi­ledging or exempting is not a faithfull Dispensation, but a cruel Dissipation. If Clergy-men be exempted, let their sin be never so enormous to from being corrected by any but the Pope only. For what is the profit of the Church, that Clergy-men should be wanton and rampant as Bulls, and like untamed Horses, neigh unto their Neighbours wives; unless in such grievous exorbitancies, some yoak, or curb be imposed upon them by the Princes. For Priviledging, Dispensation, or Exemption, ought not to be an Authority to them for the committing of sin; for St. Augustin in his fourth Book, intituled Authority, Quaest. 23. saith, That he who sinneth, sinneth not by the Authority, but against the Authority of the Law.

40 Again, the addition of temporal Goods is commonly not so near to the last necessity of salvation by corporal punish­ment, [Page 31] as the taking away of the Abuse is near to the last necessity of the perpetual Salvation both of Soul and Body; As it is a work of greater mercy to take away a Sword from a Mad-man that would kill himself, than to give a Sword to a persecuted man to defend himself from one that doth endeavour to kill him; for it is worse for a man to be killed by himself than by another; for the first is damnable, the second just, or meritorious. And to this sence is that of Saint Augustin 5. Quaest. 5. Not every one who spareth is a Friend, nor every one who scourgeth is an Ene­my; for the wounds of a Friends are better than the fraudulent kisses of an enemy; it is better to love with security, than to deceive with lenity. The wounds of a Friend are better than the de­ceitfull kisses of an Enemy. And to the same purpose is that which followeth, It is safer to take Bread from a hungry man, if having abundance of Bread he neglecteth Iustice; than to give Bread to a hungry person, that being seduced he may acquiesce in Injustice. And again, He who binds a Mad-man, and he who awakens and rouzeth up a Lethargick-man is a friend to them both, although he is troublesom to them. Thus for Saint Augustine, by whose example, if Lords Tempo­ral are bound to give charitable Gifts to the Clergy, that they may be the better incouraged to the performance of their Duties, they are also bound by the same law of Almes to take away the said Gifts from those that do abuse them, least by suffering the abuse, they destroy their own Souls.

And hence it is, that amongst all the sins to which the Superiours of our Kingdom of Bohemia are most obnoxi­ous, the greatest are Blind zeal, False mercy, and a Con­sentanious, omission, In the Superi­ours of the King­dom, Blind zeal, False mercy, and a consentaneous Omission. either by negligence, or which is a­bove all most horrible, when mony i received, for giving consent unto a Crime, and the Enemy of Christ is un­justly defended by the Almes given to the Clergy; Where­upon St. Augustine in his 3. Epist. to Macedonia writeth, We more mercifully do draw back than give to such Persons; for he doth him no good, who helpeth a man, but rather doth per­vert him and oppresse him; Whereupon it is to be admired, why a Clergy-man who hath a thorn in his foot, will suffer a Lay-man to pull it out, that he might walk the better, Note. and will [Page 32] not suffer him when Riches do choak his affections to take them a­way from him, that so walking uprightly in the footsteps of Christ, he might save his Soul, unless peradventure he would show thereby, that he loveth the soal of his Foot better than he doth his Soul: For if he loved his Soul better, he would then with joy sustain the plunder of his Temporals; for so those Christians did to whom the Apostle writeth, Heb. 10. you took joyfully the spoyling of your Goods, knowing in your selves, that you have in Heaven, a more enduring substance. And since our Sa­viour having no fault in himself, did humbly and wil­lingly endure the losse of his Garments, and a most bitter and ignominious Death; the example of our Saviour, and the consciousness of his own Guilt should move every Clergy-man even patiently to endure the taking away of his Goods. Note. But if a Clergy man doth so grievously murmur against the taking away of the mammon of Iniquity, how would he endure reproach, and blows, and spittle, and martyr­dom, and Death it self for the Name of Christ? Such a Clergy-man never thinketh of that in St. Ambrose, concerning the contempt of the world; In which he hath these words, O most wretched man! with what a fraud art thou circumvented? with what a grief art thou deceived? with what a snare art thou captivated? who fearest that thy wordly possessions should be ta­ken from thee, and hast no fear in the mean time of losing of that most excellent Creature, thy own Soul?

41 Again, God permitteth Ecclesiastical persons, so exor­bitantly to offend, that they may deserve to be plundered of their possessions, neither doth he cause the plundering of them, but by setting Temporal Lords on work to see such an Execution thorowly performed. Obj. This Article therefore is true. But peradventure it will be objected, That by the addition of this Particle that it is in their lawfull Power so to do, ac­cording to their own arbitration, the whole strength of the Instance above-mentioned is taken away. Ans. Neverthe­less, according to the five Rules of Logick, and Metaphy­sicks it is manifest, and plainly consequent, that if the King and Temporal Lords cannot do so according to their own Arbitrement, it must be so, because that Arbitre­ment [Page 33] is either a Power Judicial, or a Judicial Act of the same Power; and grant what may be granted: If the Tem­poral Lords could not act so according to that Power, or such an Act, it would follow, that they have no power to act any thing at all. Note. For if they ought to expect the Arbitration of the Bishop of Rome, or of the Archbishops, and all the Clergy of this Kingdom, the chief Power would reside in the Clerks only, and the great Prelates, and Bishops of the Kingdom; and so our King should not be King of Bohemia, neither any of the Peers of the Land, or Lords Temporal should have any visible Power, which must wholly and necessarily be reduced to the Clergy, The Dominion of the Clergy o­ver the Power Politick. and by consequence the Clergy it self should be secularly over the King; which is directly against the Law of Christ, Luke 22. where our Saviour saith, That the Kings of the Gentiles do exercise Lordship over them, and they that exercise Authority upon them are called Benefactors. But you shall not be so. On which place Saint Bernard, writing to the Pope Eugenius, saith, that Lordship was forbidden the Apostles.

Again, An excellent Reason. as Ecclesiastical Persons do joyfully receive Pray­ers from Kings and Dukes, for their good works: so by the same account when they do offend, they obediently ought to receive punishment from them for their evil work. The consequence holds, for punishment for sin, being humbly & patiently received, is more profitable to a Man, than Prayse for a good work. Whereupon St. Gregory writeth to Mau­ritius the Emperour that did persecute him, I do believe that by so much the more you do please Almighty God, by how much the more you do punish me that am an evil Servant to him.

If therefore the Pope without offence did so humbly receive punishment from the Emperour, why should not an inferiour Clergy-man be as patient, who justly, nay peradventure, who grievously offendeth? why should not, he I say, receive patiently punishment from him who is his King, or Prince, or Duke, and to whom he is sub­jected? Saint Peter, the imediate Vicar of Christ, saith in his first Epistle and second Chapter, Submit your self to eve­ry Creature for the Lords sake, whether it be to the King as Su­pream; [Page 34] Or unto Governours, as unto those who are sent by him, for the punishment of Evil doers, and for the praise of them that do well, for so is the will of God.

Leo the Pope subjected him­self to Ludo­vick the Empe­ror.In order to this Rule Pope Leo did subject himself to Ludovicus the Emperor, as it is written, 2 Quaest. 7. in these words, If we have done any thing incompetently, and have not to your Subjects observed the true rule of the Law, we are ready to amend and correct all things according to yours, and your Counsels judgement; for if we who ought to correct the sins of other men do commit greater offences our selves, certainly we are not the Disciples of Christ, but as with grief we speak it, we shall be above all others the Masters of Errour; And in his tenth Distinction writing to the Emperour of Obedience, he hath these words, As for the most faithfull, and irrefragable keeping and observing of the Imperial Orders and Precepts, and of the Bishops our Predecessors, ( Glosse, that is of the Emperours who are anointed after the manner of Bishops) we professe, that both now, and alwaies, to the uttermost of our Power, by the Grace of God we will be most carefull; and if per adventure any other Man either hath or shall inform you otherwise, be assured for certain that he is a Lyar.

Behold how that holy and devout Pope, calling even Emperours by the Name of Bishops, according to the rule of the Apostle Saint Peter, did submit himself, as well to obedience as to punishment. Why therefore should not a Cler­gy-man of the Kingdom of Bohemia submit himself for the Lords sake to the King in obedience? and if he hath of­fended in punishment also; The pride and tyranny of the Clergy.. and not only to the King, but unto Dukes; and not to Dukes only, but also to every hu­mane Creature? for by how much the more he humbleth himself in this world for God, by so much he shall be the more exalted by God in the world to come; And what binders that this should be done, but Pride only? by which Anti­christ doth extoll himself above our most humble Lord and Master Iesus Christ.

42 Also the foresaid opinion concerning the ablation of Temporalties, seemeth to be manifest out of the Prophe­cy of Hildegardis the Virgin, Hildegardis Prophecy. which she puts down in her [Page 35] Books under Eugenius the Pope in the Counsel of Tre­verse, approved and allowed by many Bishops of France, Italy, and Almaine, which were there present, whereas also Saint Bernard himself was present; the which Virgin pro­phecying spake in this manner, The Kings and other Rulers of the World, being stirred up by the just judge­ment of God, shall set themselves against them, and run upon them, saying, We will not have these men to reign over us with their rich Houses and great Possessions, and other worldly riches, over the which we are ordain'd to be Lords and Rulers; and how is it meet or comely, that those shavelings with their tooles and chisils should have more souldiers, or more or richer armour or artillery than we? So is it not convenient, that one of the Clergy should be a man of War, neither a Souldier to be one of the Clergy. Wherefore let us take away from them that which they do not justly, but wrongfully possess. And immediatly after she saith, The Omnipotent Father equal­ly divideth all things, that is to say, the Heavens he gave unto the heavenly Creatures, and the Earth unto the earthly. And by this means was there a just division made between the Children of men, that the Spirituality should have such things as belong unto them, and the Secular people such things as are meet and necessary for them, so that neither of these two sorts do oppresse each other by violence; for God doth not command, that the one Son or Child should have both the Cloak and the Coat, and the other should go naked: but he willed, that the one should have the Cloak, and the other the Coat. Wherefore the secular sort ought to have the Cloak for the greatnesse of their worldly cares, and for their Chil­dren, which daylie increase and multiply. The Coat he giveth unto the Spiritualitie, that they should not lack clothing, and that they should not possess more than ne­cessity doth require. Wherefore we judge and think it good, that all these aforesaid be divided by reason and equity. And whereas the Cloak and the Coat are both [Page 36] found, there the Cloak should be taken away, and given unto the needy, that they do not perish for lack or want. These aforesaid spake the Virgin Hildegardis, plainly fore­showing the taking away of the Temporalities from the Clergy by the secular Lords, and shewing for what cause they shall be so taken away. And what manner of divisi­on shall be made of those things that are taken away, that they be not consumed, and spent unprofitably.

This blessed Hildegardis, whose Prophecie this, flou­rished about the year of our Lord 1046. as it is written in Martins Chronicles.

43 Hugo de Sa­ [...]am. part 2.Also Hugo in his second Book of Sacraments, in the second part, third Chapter and 7. saith, The Laity for­asmuch as they intermeddle with earthly matters necessa­ry unto an earthly life, they are the left part of the body of Christ. And the Clergy, for so much as they do dispose those things which do pertain unto a spiritual life, are as it were the right side of the body of Christ. And after­ward interpreting both these parts himself, he saith, A spiritual man ought to have nothing but such as pertain­eth unto God, unto whom it is appointed to be sustain­ed by the Tithes and Oblations which are offered unto God: but unto the Christian and faithfull Laity the pos­session of the Earth is granted; and unto the Clergy the whole Charge of Spiritual matters is commited, as it was in the Old Testament. And in his seventh Chapter he declareth, how that certain things are given unto the Church of Christ by the devotion of the Faithfull, the power and authority of the Secular power reserved, lest there might happen any confusion; Forsomuch as God himself cannot allow any disordered thing. Whereup­on oftentimes the worldly Princes do grant the bare use of the Church, and oftentimes use and power to exercise Justice; which the Clergy cannot exercise by any Eccle­siastical Minister, or any other person of the Clergy, Not­withstanding they may have certain Lay-persons Ministers unto that office. But in such sort, saith he, that they do [Page 37] acknowledge the power which they have to come from the Secular Prince or Ruler, Note. and that they do under­stand th [...]ir Possessions can never be alienate away from the Kings power; but (if that necessity or reason do require) the same Possessions in all such case of necessi­ty do owe him obeysance and service. For like as the Kings power ought not to turn away the defence or safe­gard which he oweth unto other: so likewise the Pos­sessions obtained and possessed by the Clergy, according to the duty and homage which is due unto the Patro­nage of the Kings power, cannot by right be denyed.

Thus much writes Hugo, with whom Iohn Hus concludes his Disputation.

Mat. 5. 39, 40. But I say unto you, that you resist not evil; And if any man will sue thee at the Law, and take away thy Coat, let him have thy Cloak also.

Phil 3. 8, 17, 18, 19, 20. Yea doubtless, I count all things but l [...]sse, for the excellency of the knowledge of Christ Iesus my Lord, for whom I have suffered the losse of all things, and do count them but dung, that I may win Christ. Brethren be followers together of me, and mark them which walk so, as ye have us for an example. For many walk of whom I have told you often, and now tell you weeping, that they are the enemies of the Cross of Christ; whose end is destruction, whose God is their belly, whose glory is their shame; who mind earthly things. But our conversation is in heaven.

Col. 3. 1, 2, &c. If ye then be risen with Christ, seek those things which are above, where Christ sits at the right hand of God. Set your affection on things above, not on things on the earth; for ye are dead, and your life is hid with Christ in God. Mortifie therefore your members which are upon the earth, inor­dinate affection, evil concupiscence, and covetousness, which is idolatry; for which things sake the wrath of God cometh upon the children of disobedience.

A supplemental Appendix to the premised Disputation of John Hus, irrefragibly evidencing the Supream Iurisdiction of our Kings, Lords, and Parliaments, not only over the Persons, Liberties, Lives of our Archbishops, Bishops, Abbots, Priors, Church­men, in cases of High Treason, Rebellion, Disobe­dience, Contumacy and Disloyalty; but likewise over their Temporal Lands and Estates, to seise and confiscate them without Sacriledge or Injustice.

HAving presented the Readers with the me­morable Disputation of this famous learned Bohemian Marty Iohn Hus, in justification of our English Apostle, and prime Assertor of the Reformed Religion, we now profess, whose Doctrine spread it self into Mr. Fox Acts and Monu­ments, vol. 1. The Preface to John Hus his work, Bishop Jewel, Dr. Jo. White, Bishop Vsher, Dr. Fearly, Ill [...]ri [...]. Catalogus Testium. Veritatis, and others. Bohemia, Germany, and other parts, to the subversion of the Popes and Prelates usurped Authority over Kings, & Popery by degrees. It will not be unseasonable, by way of Appendix, to subjoyn some memorable domestick Evidences & Presidents in all Ages, to justifie their opinions in point of practise: Not with the least intention to deprive the faithfull, painfull Mini­sters and Preachers of the Gospel, or any true Evangeli­cal Bishops of the antient Glebes, Tithes, Dues belong­ing to their respective Parochial Churches, or of that li­beral competent Maintenance, or 1 Tim. 5. 17, 18. Mat. 10. 10 1 Cor. 9 4, to 16. Gal. 6.6. H [...]b 7. 2, to 11. double Honor which belongs unto them by a divine right, and common natural Justice, for their labour in the work of the Ministry, which I [Page 39] have In the first & second part of A Gospel Plea for the Tithes and setled, Main­tenance of the Ministers of the Go­spel. London, 1656. publickly and largely asserted: But only to vin­dicate the just Prerogative of our Kings, and Jurisdiction of the Temporal Lords and Commons in Parliament, over the Persons, and superfluous large Temporal Mannors, Lands and Possessions of delinquent Archbishops, Bishops, Abbots, Priors, Deans, Chapters, Monks, and other reli­gious Persons, which are not of Divine or Apostolical, but mere Humane institution, and not absolutely neces­sary to the being of the Church of Christ, as true Evange­lical Bishops and Ministers are, whose principle office and duty is frequently to preach the Gospel, and administer the Sacraments; not to domineer over their people, or sus­pend them from the Lords supper. Mat. 28. 19. 20. Mar. 16. 15. 1 Cor. 5. 7, 18, 21, c. 9. 14, to 19. 2 Tim. 4. 2, 5. Rom. 10. 19, 20. 1 Pet. 5. 2, 3.

To this end, I shall desire our Archbps. Bps. and other Cathedralists to consider 1. That Distinctio 80. Gratian the Canonist, Sentent. l. 4. Dist 14. Peter Lombard the School-man, with most other Canonists and Scholmen in their Glosses or Commenta­ries on their Texts; Antiq. Eccl. Brit. p. 7. Matthew Parker Archbishop of Canterbury, Mr. Acts and Monuments, Lond. 1641. vol. 1. p. 138, 139. Iohn Fox, Description of England l. 2. c. 1, 2. William Harrison, Chron. part 7. p. 83. Ri­chard Grafton, History of Great Britain, p. 132. Iohn Speed, and no lesse than thirty more of our antient Historians and other Authors, quoted by De Brit. Eccl. Primordiis, c. 5. p. 56, 57, 58, 59, 1 [...], 101. Archbishop Vsher for this purpose, affirm, ‘That the antient Britains before their conversion to Christianity had 28. Flamines, and 3. Archflamines in this our Island, to whom the other Priests were subject, having distinct Cities, Sees, Diocesses, and Temples wherein they resi­ded and exercised their Ecclesiastical Jurisdictions; that King Lucius upon his conversion to Christianity, about the year of our Lord 175. by Pope Elutherius his dire­ction, took away their Sees, Lands and Temples from them, and placed 28. Bishops, and 3. Archbishops in their steads, turning their Sees into Archbishopricks and Bishopricks, and their Temples into Cathedral Chur­ches.’ Yea Gratian himself Distinctio 21. and the Glossers on him resolve, ‘That the distinction among Priests, whence some are stiled Priests simply, others Archpriests, others Choral Bishops, others Bishops, others Archbishops or Metro­politans, [Page 40] others Primates, others Chief Priests [...] a Gen­ [...]b is maximè introducta est, &c Gratian [...]. 21. WAS PRINCIPALLY INTRODVCED BY THE GENTILS (not the Apostles or Primitive Christians) who called their Flamines, some simple Flamines, others Arch-flamines, others Proto-flamines.’ If then these their Hierarchical or­ders were originally derived from, & they succeeded the Pagan Flamines, Arch-flamins, Proto-Flamins, in their Sees, Jurisdictions, Temporalties, and Cathedrals, which King Lucius took from them without sacriledge or impietie; then by the like reason and president our Kings or Tem­poral Lords and Commons in Parliament may devest our peccant Prelates of their Sees, Temporalties, Cathedrals, & convert them to other uses for the publik ease and benefit of the Kingdom, when they see just cause, being originally dedicated to these Flamines, Arch-flamines, Proto-flamines, and their Pagan Gods.

2ly. That admit these former Authors relations touch­ing Flamines, Arch-flamines, and King Lucius erecting Bi­shops and Arch-bishops in their Sees, to be false and fabu­lous, as Defence of the Ap [...]l [...]g part 2. Ch 4. divis. 2. Bishop Iewel, A discourse of the conversion of Britain. p. 26, 27. 28. Bishop Godwin, De Brit. Eccl [...] p. 57, 58, 92, 92, 99, 100 Bishop Vsher, Subve [...]si [...]n of Father Pa [...]s [...]ns [...]. c [...]nversions. Doctor Suteliffe, and 1 Con [...]il. T [...]m. 1. p 13, 14. Sir Henry Spelman re­pute them; yet it is agreed by all, that the primitive Evangelical Bishops from our Saviours time, had no Temporal Lands or Possessions; till the year of our Lord 319. when the Emperor Constantine the Great first endowed Bishops and Church-men with them, as [...]es Hist [...]. An. [...]19 p. 33. Matthew Westminster and others record, though his pretended Donation of Rome and other Temporalties to Popes & their successions, as St. Peters Patrimonie, be a mere forgery, as De donatione Constantin [...]. Laurentius Vall [...], His defence of Constantine. Dr. Crakinthor [...]e, and others quoted by them prove at large. Now De utra [...]ue potestate, c. 21. Iohannis Pa [...]siensis, Peli­ [...]h [...]n. l. 4. c. 26. Higden, Dialog. l 4. [...]. 15, 16, 17, 26. Wickliffe, the Lord Fox Acts and Monuments, p. [...]17, [...]. Co [...]am, Purvey, Answer to the Pre [...] of Mr. Moore p 116. Iohn Frith, Chron in vita Sylvest. Nauclerus, Sermon in Hag. 1. [...]. 1 [...] [...]sence of the [...] part [...] c. 9. divis 3. Bishop Iewel, Reports of certain men, vol. 3. p 341. Thomas Beacon, and others relate, [Page 41] That when Constantine endowed the bishops and Church with Temporal Lands and Possessions, the voyce of an Angel was heard in the ayre, crying, Hodie venenum infunditur in Ecclesiam, This day is Poyson powred into the Church of God; and from that time (they observe) because of the great Riches and Temporalties the Church and Bishops had, they were made the more Secular, and had more worldly business, than Spiritual devotion; and more outward Pomp and Splendor, than inward Holyness; the Daughter, riches which the Church brought [...]orth, devouring her Mother. Which if an experi­mental verity, as sundry of our own and foreign Writers attest, (as I have The Antipa­thy of the Eng­lish Lordly Pre­la [...]y to Monar­chy and Vnity, ch. 8, & 9. A Breviate of the Prelates in­tollerable Usur­pations upon the Kings Preroga­tive Royal, and Subjects Liber­ties, An. 1637. elsewhere proved at large;) then it can be no Sacriledge or Impiety, but wholsom physick, for the King and Temporal Lords and Commons in Parliament for just causes, to take away this poyson from Bishops, and Ca­thedral Churches, which hath so much poysoned, cor­rupted them; and to reduce them to the condition of the Primitive Bishops, who by the Decrees of the Surius Con­cil. T [...]m. 1. p. 513. Gratian Distinct. 41. Vt Episcopus non longè ab Ec­clesia Hospiti­olum habeat. Vt Episcopus vilem supellacti­lem, & mensam, ac Victum pauperem habe­at, & dignita­tis suae au­thoritatem, fide & vitae meritis quaerat. 4th. Councel of Carthage, c. 14: and the Exceptions of [...]g­ [...]rt Archbishop of York, Anno 750. c. 26. were only to enjoy mean Houshold-stuff, course Food, and HOSPITIO­LVM, a little Cottage near the Church; not a Royal Palace or Lordly Manors, which made them more Proud, Lordly, Secular Tyrannical, Pompous, Covetous, than any Temporal Lords, and to take precedence of them both in great Councils, Parliaments, and other publick Assemblies, yea to intrude themselves into the greatest Temporal Offices, to the great neglect of their Spiritual Functions, they scorning to hold and follow the Plough of Christ, after they became Lords and Barons of the Realm, Spel [...]anni Concil. T [...]m. 1. p 261. (as Bishop Latymer proves at large in his 4th. Sermon of the Plough) and forgetting these Canons of the 4th. Surius, T [...]m. 1. p. 525. Grati­an caus 2. qu. 7. caus. 13 qu. 1. Council of Carthage, c. 19, 20. Vt Episcopus pro rebus transitoriis non litiget provocatus. Vt Episcopus nullam rei familiaris curam ad se revocet, sed Lectioni et Orationi, et ver [...]i Dei prae­dicationi tantummodo vacet, as the primitive Bishops did; which would gain our present Bishops more love, respect, reverence with God, and all good men, than all [Page 42] their Lordly Pomp, Temporal Lands or Baronies, which in all Ages have made Bishops and Cathedral-men more Secular than Spiritual, more proud, luxurious, covetous, vicious, than religious or vertuous, as Gregory Nazian­zen, Oratio 26. & 35. Isiodor Pelusiota, Epist. l. 2. Epist. 125. & l. 3. Epist. 223. Gregorius Magnus, lib. Pastoralis Curae, part 2. c. 6. Moralium in Job, l. 24. c. 29, 30. & Homil. 17. in Evangelia, Gildas acris Correptio c'eri Britanniae, St. Bernard Sermo. 22, 23, 77. Cantica. ad Clerum in Con­cilio Rhemensi, de Consideratione ad Eugenium, l. 1, 2, 3, 4. Epist. 42. Henrico Senoniensium Archiepiscopo, Johan­nis Sarisburiensis de Nugis Curialum, l. 8. c. 17, 23. Pe­trus Blesensis, Archdeacon of Bath; Tractatus de constitu­tione Episcopi, Johanni Wigorniensi Episcopo & Epi­stola 15, 18, 22, 25, 43, 64. Robertus Holcot in lib. 5. Sapientiae Lect. 77. Alexander Frabricus Destructorium Vitiorum, pars 4. c. 8, 14, 21, 22. pars 5. c. 2. pars 6. c. 2. 26, 40. John Wickliff Dialogorum, l. 3. c. 14, 17, 23. Alvarus Pelagius de plancotu Ecclesiae, l. 1. Artic. 70. D. l. 2. Artic. 1. to Artic. 17. Nicholaus de Clemangis, de Cor­rupto Ecclesiae statu, c. 17, 18, 19. Episcopus Chemnensis; Onus Ecclesiae, cap. 14, to 27. Joannes Aventinus Annal. Boyorum. l. 5, 6, 7, 8. Albertus magnus in Evangelium Jo­hannis, c. 10. Picus Mirandula, Oratio ad Leonem, 10. Petrus de Aliaco, de reformatione Ecclesiae, Abbas Usper­gensis Paralip. p. 164. Fasciculus Rerum expetendarum, p. 173. Ma [...]s [...]l. Patavinus Defensoris Pacis, part 2. c. 11. Theodoricus à Niem. l. 3. c. 41, 45. & l. 2. & Nemore U­nionis, c. 19 Guicciarden Historiae Ital. l. 6. St. Brigets Re­velationes passim, Petrus de Vinels, Epist. l. 1. c. 35. Illi [...]i­cus Catologus Testium Veritatis, Fox Acts and Monuments vol. 1. p. 529. 530, 532. Peirce Plow­man his complaint of the Abuses of the World; Sir Geofry Chaucer in his Ploughmans tale, Fox Acts and Monuments, [...]nd. 1610 p 46, 463. Lucifer Prince of Darkness his Letters to the Prelates of England, written, as is supposed by William Suinderby a Martyr, Dr. Barnes his Supplication; his Articles, p. 210, to 216. and Mr. William Tyndal his obedience of a Christian man, and Practise of Popish Prelates, Iohn Bale, de Vitis Pontificum, Cen­turiae [Page 43] Scriptorum Brit. and Image of both Churches on the Apocalypse; Iohn Frith a Martyr, in his Answer to Mr. M [...]res Preface; Roderick M [...]rs his Supplication to King Henry the 8th. and Parliament, c. 23, 24. Another Sup­plication to King Henry the 8th. printed 1544. The Image of a very Christian Bishop, and of a counterfeit Bishop, printed Cum Privilegio Regali under King Henry the 8th. William Wraghton his Hunting and Rescuing of the Rho­mish Fox, dedicated to King Henry the 8th. Henry S [...]al­bridge his Exhortatory Epistle to his True Country-men of England against the pompous Popish Bishop thereof, printed in H. the 8th. his reign at Basil, Martin Bu [...]er Regins Professor of Divinity in Cambridge; D [...] Regno Christi, de­dicated to King Edward the 6th. l. 2. c. 1, 2, 12. & De vi & usu sancti Ministerii; The Image of both Pastors, print­ed at London Cum Privilegio 1550. Bishop Hooper on the 8th. Commandement, p. 78, 79. Bishop Latymer his 4. Sermon of the Plough; Matthew Parker (or Iocelin) An­tiquitates Ecclesiae Brittannicae, p. 139, to 144. Thomas B [...]acon his Reports of certain men, and in his Supplica­tion, vol. 3. Bishop Iewel in his Sermon on Haggai 1. p. 176. and on Matthew 9. p. 198. (All which the Studious may See my Sup­plementum ad Flagellum Pon­tisic [...], &c. And my Antipa­thy of the Eng­lish Lord [...]y P [...] ­la [...]y, &c. ch 8. where most of their words are quoted at large elsewhere peruse at leasure) and sundry o­thers joyntly attest. Upon which consideration, not only Wickliff and Hus, but several of our Martyrs, as Fox Acts and Monuments, vol. 1. p. 609, to 618, 622, 642, 653. 711, 514, to 522. vol. 2. p. 609, 610. William Suinderby, Walter Bruce, Iohn Purvey, Sir Iohn Oldcastle Lord Cobham; Sir Iohn Borthick, justified the lawfullness and necessity of taking away the Bishops abused Tempo­ralties which were such poyson to them.

3ly. That many of our Kings by the Laws and Customs of the Realm, and by vertue of their Royal Prerogative have kept our Archbishops and Bishops Temporalties in their hands, and taken the profits of them as their De­mesn rents, keeping their Sees when void by death, transla­tion [Page 44] or resignation for sundry years together; as Cum vocave rit Arichiepisco­patus. Episcopa­tus, vel Abbatia vel P [...]natus in D [...]m. Regis, esse [...] m [...]nes [...]i [...]us, Scut Dominicos [...]e [...]ditus [...]uos Mat. Paris, p. 9 [...], 9 [...]. [...]. col. [...] 86. [...], An. 11 [...]4 all the Archbishops, Bishops, Abbots, Priors, and Great-men of the Realm acknowledged, and ratified by their Oaths in their famous Recognition in the Great Council held at Clarendon, Anno Domini 1164. which these Presidents will abundantly evidence. In the year of Grace 653. after the death of Honorius Archbishop of Canterbury, that See continued void 18. months. Anno 669. after Adeodatus his death it remained void almost 4. years, Anno 690. after Theodorus his death it was kept void almost two years, and as long after T [...]twins decease, Anno 734. After Cuthberts death Anno 758. it was vacant above one year. Anno 7. 2. two years after Bregwins death, Anno 790. three years after Lamberts death, Anno 830. above one year after VVilfreds decease, Anno 958. almost three years after Odo his expiration, Anno 1089. four years after Lanfrankes departure, Anno 1109. five years after Anselmes death, Anno 1136. two years after VVilliam Corbel, G [...]dwi [...]s Ca­ta [...]gue of Bi­sh [...]ps, p. 52, 53, 55, 56,57,58, 59, 76, 81, 83. 84, 111, 112, 114, 119 See Malmesbury de Ges [...], P [...]tisi­ [...], [...] Radu [...]s de Di [...]eto, Chron. Iohan. Brompt. Gerv. Dorobe [...]n. Actus Pontif. Cant. Huntindon, Hoved. Antiq. Eccl. Brit. Mat. Westm. Mat. Paris, Walsing. and others accord­ingly. Anno 1151. three years after Richard VVethershed, Anno 1242. two years after St. Edmond, Anno 1270. as long after Boniface, Anno 1502. two years after Henry Dean, An. 1558. one year after Cardinal Poole, Anno 648. After Paulinus the first Archbishop of York, that See was kept vacant 20. (some say 30.) years, Anno 1114. sundry years after Thomas the se­cond, Anno 1140. almost two years after Thurstan, Anno 1151. ten years after Rogers death, Anno 1213. four years after Geoffry, Anno 1255. thirteen months after VValter Gray, Anno 1303. after Thomas de Corbridge, above two years, Anno 1315. two years after VVilliam de Greenfield, Anno 1240. two years after VVilliam de Melton, Anno 1405. two yearrs and an half after Henry Scroop, an Arch-traytor beheaded for Treason, Anno 1423. two years after Henry Bluet, Anno 1449. almost four years after Iohn Kemp, Godwin. p. 559, 587, 598, 599, 607, 608, 623. Tho. Stubs, Actus Pontif. Ebor. S [...]. Dunelm, Radulph. de D [...]ceto, Malmesb. de Gest. Pontif. l. 3. Flor. Wig [...]rn. Anno 1464. two years after VVilliam Booth, al­most [Page 45] a full year both after Cardinal VVolsie, and Edward Lee, Anno 1559. after Nicholas Heath, two years, 1568. after Thomas Young, above one year. Thus long have both our Archbishopricks been kept void, and their Tempo­ralties held in our King, hands to their own use, by ver­tue of their Prerogative Royal, without any Sacriledge, Injustice, Impiety, or any reall prejudice to Church or State. Godwin p. 1 [...]3, 184. 189, 190, 191, 19 [...], 202, 224,21 [...], 220.230,24 [...]. 245, 24 [...] An. 619. after M [...]llitus Bp. of London his translation to Canterbury, that See continued void 32. years together, An. 664. 2 years, An. 1133.7. years after Gilbert, Anno 1187. after Gilbert Foliot above two years, An. 1279. above one year after Iohn de Chishul, Anno 1303. almost two years after Ri­chard de Graneford, Anno 1 [...]01. after Thomas Savage above two years. Anno 1171. after the death of Henry de Bloyes, the Bishoprick of VVinchester was kept void above 3. years, Anno 1238. after Peter de la Roch five years, Anno 1243. after VVilliam de Rawley sixteen years, Eth [...]lmarus by the Kings donation holding it nine years without consecrati­on, Anno 1259. after Henry de VVengham six years, Anno 1493. after Peter Coventry above one year, Anno 1500. after Thomas Langton two years, Anno 1528. after Richard Fox two years, Anno 1530. after Cardinal VVoolsey almost 4. years, Godwin p. 255, 256,261, 262, 264,265, 266,275,277, 279, 281. Anno 1131. after the death of Hervetus first Bishop of Ily, that See was void above two years, Anno 1169. after Nigellus the second Bishop five years, Anno 1197. after VVilliam Longchamp above one year, Anno 1214. after Eustachius above five years, Anno 12. 6. after VVilliam de Rilkenny above one year, Anno 1297. after VVilliam de Luda two years, Anno 1373. after Iohn Barnet two years, Anno 1434. after Philip Morgan three years, Anno 1500. after Iohn Alcock one whole year, Anno 1533. as long after Nicholas VVest, Anno 1581. after Richard Coxe almost twen­ty years together, Godwin, p. 294, 295, 297, 308, 3 [...]9. Anno 1163. after the death of Robert de Chisney the fourth Bishop of Lincoln, that See continued vacant almost seventeen years, Geoffry ( Henry the second his base son) taking the profits thereof without any con­secration, by the Kings Concession, Anno 1584. after VVal­ter de Constantiis two years, Anno 1200. after St. High al­most [Page 46] three years, Anno 1206. after VVilliam de Breyos three years, Anno 1 [...]90. after Iohn Russel two years, Anno 1513. after VVill. Smith one year, Godwin. p. 317 3 [...]8, 319, 321, 322,343, 347, 348. Anno 1085. the Bisho­prick of Coventry and Lichfield was kept vacant two years after the death of Peter, and as long, An. 1127. after Ro­bert Peach, as long, An. 1180. after Guaccus P [...]n, as long, An. 1208. after G [...]ffry de Muschamp, An. 1238. almost 3. years after Alexander de Savenshy, An. 1243. after Hugh Pat [...]shull 2. years, An. 1386. as long after Richard Scroop, An. 1490. as long after Iohn H [...]sse, Godwin. p. 33 [...], 338.344, 345, 355,356. An. 1099. after Os­mond his death, the second Bishop of Salisbury, that See was 8. years kept vacant, An. 1225. after Richard Poore [...]. years, An 1270. 4. years after VValter de la Vaile, An. 1588. 3. years after Iohn Pierce, 1596. 2. years after Iohn Co [...]well, Godwin, p. 3 [...]4, 3 [...]5,368, 3 [...]0, 383,385, 3 [...]. An. 1166. the Bishoprick of Bath and VVels upon the death of Robert continued void 8. years, 8. months, and 15. daies, An. 1242. after Ioceline, 2. years, An. 1262. after VVilliam Burton, An. 1503. as long; after Oliver King, An. 1547. as long; after VVilliam Knight, An. [...]3 [...]. 3. years; after Gilbert Barkely, An. 1590. 2. years af­ter Thomas Godwin, Godwin, p. 396, 398,420, 421, 429. An. 1103. the Bishoprick of Exe­ter after. O [...]bertus decease was kept vacant 4. years, An. 1182. after Bartholmeus Iscanus, 2. years, An. 1119. after VVilliam Herbert, the last Bishop of Thetford, his death, that See (now Norwich) was kept vacant 2. years, 1214. after Iohn de Grey it was kept vacant 7. years, 1222. after Pandul­fus 3. years, An. 1236. after Rodulphus almost 3. years, and as long after VVilliam de Raleigh, An. 1240. after Henry Spencer, An. 1406. almost 2. years, Godwin, p. 439. 440,444, 445, 446, 449. An. 1095. after the death of VVolstan Bishop of VVorcester, that See was kept vacant 2. years, An. 1113. as long after Sampson, An. 112 [...]. almost as long after Theulphus, and An. 1179. after Rog [...], An. 1184. after VVilliam de Northale 5. years, An. 119 [...]. after Iohn de Constantiis two years, An. 1212. as long after Maugere, An 1373. as long after VVilliam de Lyn, An. 1417. as long after Thomas Pondrell, An. 1427. 7. years after Thomas Polton, An. 1590. 3. years after Boniface Brent, Godwin, 453, 454, 455,456, 5 [...]1. An. 1056. the Bishoprick of Hereford, after Leoneards [Page 47] death continued four years vacant, An [...]127. after Ri­chard above 4. years, An 1167. after Robert de Melim, a­bove 6. years, An. 1539. after Iohn Skip above 13. years, An. 1585. after Herbert West full 17. years, An. 1526. the Bishoprick of Chichester was void almost 4. years; after Iohn Reempale his death, An. 1006 after Richard Fitz-Iames 2. years, An. 1235. the Bishoprick of Godwin, 484, 485, 486,487, 488,452, 496, 501, 502. Rochester after Henry de Sandfords death was kept vacant 3. years, An. 1277. 2. years after VValter de Merton, An. 1316. after Thomas de VValdham 3 years, An. 1401. as long after Iohn Baltisham, An. 1538. after Iohn Fisher two years, An. 1557. the new created Bishoprick of Oxford, after the de­cease of Iohn King first Bishop there, was kept vacant ten years; An. 1568. after Henry Curwin the second Bishop it was kept void twenty one years together, An. 1592. after Iohn Vnderhill the third Bishop, it continued void 11. years, so little want was there of a Bishop in that poor See, An. 1559. the new created Bishoprick of Gloucester; after Iames Brooks the third Bishop his death was kept vacant three years, An. 1578. as long after Edmond Cheyney, An. 1538. the new erected Bishoprick of Bristoll; after Paul Bresh the first Bishop was kept vacant four years, An. 1578. three years after Richard Cheyney, which See continued void otherwise than by Commendam thirty one years toge­ther, An. 1593. it continued vacant ten years together. So little need was there of a Bishop in this See, Godwin, p. 512, 514,530, 536,558,547, 549, 531. An. 1397. the Bishoprick of St. Davids; after Iohn Gilberts death, was vacant four years, An. 1592. after Marmaduke Middleton almost two years. An. 1133. the Bishoprick of Landaffe upon Vrbans decease was kept void six years, An. 1183. after Nicholas ap Georgant five years, An. 1240. after Elias de Raynor above four years, An. 1287, after VVilliam de Brews nine years, An. 1213. the Bishoprick of Bangor after Robert of Shrewstury was kept vacant two years, An. 1374. as long after Iohn Gilbert, An. 1378. after Iohn Swassham twenty years, An. 1266. after Amanus the first Bishop of Rangor, that See was vacant two years, An. 1313. after Lew [...]lin six years, An. 1406, after Iohn Trevour five years, [Page 48] An. 1439. after Robert five years, Ma West An. 1020. p. 403. Godw. p 931, 643, 647,65 [...], 652, 663,656, [...], 671, [...]85, [...]. An. 1017. after Aldbanus of Durham, that See continued void above three years, An. 1096. as long after VVilliam Carlapho, An. 1140. after Geoffry Rusus above five years, An. 1207. after Philip of Poytiers above ten years, An. 1226. above two years, the King threatning the Covent that they should have no Bishop in seven years, An. 1237. after Richard P [...]ore two years, till Ethelmate his half Brother (whom he commended to the Monks election) should be of age, An 1505. after William Severus two years, An. 1587. after Richard Barnes almost two years, An. 1577. the Bi­shoprick of Chester was kept vacant two years.

If then all our Bishopricks in several ages (to omit the long vacancies of later times) have been thus kept void, 2,3,4,5, 6,7,8,10,15,20, & 30. years or more together at divers times (to omit all annual vacancies) without any prejudice to the Church or State, and with very great benefit to the Kings of England, who enjoyed the Temporalties in the mean time; then certainly Diocaesan Bishops are no such necessary Creatures of divine institution in the Church of Christ as some esteem them, but that they may be spared, and their Lands, Temporalties sold or leased, as well as thus seised by our Kings without Sacriledge or Injustice, when as no Parish Churches can spare or want their Paro­chial Ministers who are of Gods institution, above six months at most. Rastal Ad­vows [...]n 1, 2, Concil. 5. Late ranense, 2 Can. 29. Summa Angelica Bene­fictum. sect. 31. Summa Resella Beneficiam, 1. After which if the Patron present not in the interim an able and sufficient Clerk the Ordi­nary by the Canon & Common-law may collate, and seque­ster the profits in the mean time, only to defray the officia­ting of the Cure, which must be at no time intermitted or neglected because of Divine institution, and so absolute­ly necessary both for the Peoples instruction and salvation, which these long vacancies prove Diocaesan Bishops are not.

4ly. That as our Bishops, Abbots, Priors, Ingulphi Hist. p. 896, 908, Eadmerus Hict l. 2, 3, 4. Malmesbury, De Gestis Pontificum, c. 1. Antiqu. Eccles & Godwin in Auseb, Spelman Glossari [...]m, Tit Fidelitas, Homagia Ligeum & Investitura; and the first part of my Brief Register and Survey of Parli [...]mentary writs, p. 195, to 207. where it is largely proved. Chron. Iohannis Brompton, p. 1038, 1039. Co [...]ks 1. Instit. p. 64,65. did origi­nally [Page 49] for some hundreds of years receive their actual Investitures into their Churches Temporalties from the King alone, per An­nulum & Baculum, by a Ring and Pastoral staff; delivered to them in nature of a Livery and seilin, extorted from our Kings by the violence and tyranny of Pope Vrban and Pascal the 2. and Treason of Archbishop Anselme, against the Right of the Crown, and Custom of the Realm; so they did likewise hold all their Baronies and Temporalties from, swear Fealty, and do Liege Homage to our Kings for the same as their Supream Liege Lords, like other Barons, and were as far forth responsible for them to the Kings Iustices and Mini­sters, as Lay-Barons and Tenants were; which they all ac­knowledged in their Recognition to King Henry the se­cond, in the Council of Clarindon as our Mat. Paris, p. 96, 97. Histories as­sure us; and were lyable to forfeit them for their Treasons, Rebellions, Disloyalties and Contempts against the King and his Crown, as well as Lay-men, our Kings being alike Soveraign Lords and Kings to them, as well as other Subjects and Tenauts; and that Iure Domini, as their Supreme Landlords and Patrons, from, by and under whom alone they held their Temporalties.

5ly. That the Kings of England as Supream Heads and Governours under Christ of the Church of England, have in all ages enjoyed and exercised a Soveraign Power and Jurisdiction over all Archbishops, Bishops, Deans, Chap­ters, Abbots, Priors, and other Ecclesiastical Persons in all Causes whatsoever; as well as over their Temporal Sub­jects, to visit, reform, order, correct, restrain, amend, punish all their Errors, Heresies, Offences, Contempts, Enormi­ties, Treasons, Rebellions against their Persons, Crowns, Dignities, and Royal Authority punishable by any Spiritual, Ecclesiastical or Temporal Authority or Iurisdiction, and to punish their Persons by imprisonments, banishments, death, sci­sure, sequestration, confiscation of their Temporalties, Bishop­pricks, real and personal Goods and Estates, as is enacted by the several See Rastals Abridgement, Title, Provision and Praemunire, & Rome. Statutes against Provisors, and the express Statutes of 25 H. 8. c. 19, 21. 26 H. 8. c. 1, 3. 27 H. 8. c. 10. 28 H. 6. c. 7. 10. 31 H. 8. c. 14. 32 H. 8. c. 22, 24, 26. [Page 50] 33 H. 8. c. 29. 34, & 35 H. 8. c. 17, 19. 37 H. 8. c. 17. 1 Ed. 6. c. 2. 1 Eliz. c. 1. 5 Eliz. c. 1. 8 Eliz. c. 1. 13 Eliz. c. 12. and other Acts; The several Writs De Excommunicato ca­piendo, De Excommunicato deliberando, De Cautions admit­tenda, Register of w [...]its, pars 2. p. 20, to 70. Fitz. Nat. Brev. and in the Clause [...]lls. Quare impedit, Quare incumbravit, Quare non ad­misit, Quod Episcopus admittat, Ne admittas, Ne exeas Reguum, Vi Iacca removenda; and especially by the several Writs of Prohibition, and ad Iura Regia, and Capias pro contemptu, wherewith our Records and Law-books are full fraught; I shall only recite some memorable Presidents of our Kings and Parliaments proceedings against our Archbps. & Bishops in seising their temporalties, confisca­ting their Estates, banishing them the Realm, suspending from, and depriving them of their Bishopricks, yea in im­prisoning, executing their Persons for their rebellions Treasons, Conspiracies, Contempts against them, and their Royal Prerogatives in former ages, worthy their and our most serious consideration, and remembrance.

To begin with our Archbishops, about the year of Christ, 765. Will. Mal­mesburiensis de Gestis Pontif, l. 1. c. 4. Mat. Westm. An 765, 766, 767,797. Evidentiae Ec­clesiae Cantuar. col. 1212, 1213, 1214. Spel­manni Concil. Tom. 1. p. 318, to 334. Antiq. Eccles. Brit. p. 26, 27, 28. God­win in the life of Iambert Chron. Will. Thom, col. 1774. Offa King of Mercians being highly offen­ded with Iambertus (or Lambert as some stile him) Arch­bishop of Canterbury for his oppositions against him, seised and took away all his Temporalties within his Kingdom, detaining some of them to himself, and giving the rest of them to his Souldiers and Courtiers; and moreover by the Popes consent, erected a new Archbishoprick at Litck­field, took away six Bishopricks formerly subject to the See of Canterbury, and detained the Lands above thirty years, till at last restored by the judgement of two or three Parliamentary Great Councils, after many Petitions and Complaints, upon full hearing and examination. Eadmerus Hist. Novor l. 1. 2. Malmesbur. de Gestis Regum. l. 4. De Gestis Pontif. l. 1. p. 204, 205. Chron. Iohan Brompton, col. 962, 968. Gervasius Dorob. Actus Pontif. Cant. col. 1652, 16 [...]5. Radulsus de Diceto Abbreviationes Chron. col. 412,490. Henr. de Knighton de Event. Angliae. l. 2. c. 2. Polychronicon. l. 7. Mat Paris, p. 13, 14. Mat. Westm. An. 1070, 1083, 1089. Hoviden, Annal. pars prior, p. 453. Antiq Eccles. Brit. & Godwin in Stigand & Lenfrane, Holinsh, Speed, Grafton, Daniel. An. 1070. Stigand Archbishop of Canterbury, for refusing to Crown [Page 51] King William the Conqueror, and holding the Bishoprick of Winchester in Commendam with his Archbishoprick, together with many other Bishops and Abbots was deprived by the Kings procurement, and kept Prisoner at VVinchester during his life, receiving only a small allow­ance out of the Exchequer to support him; dying in Prison; his Bishoprick remained void two years space in the Kings hands, no lesse than twenty five Manors being taken away from it, till recovered by [...] ansraue his Suc­cessor, in a famous Council of the Noble: and Elders of England held at Penindene. Eadmerus Hist. N [...]v. l. 2, 3, [...], 5. & vita Anse [...]m. Ma [...]n [...]e [...]. De Gestis Pontif l. 1. p. 210. to 230 Mat Westm. & Ho­veden An 1102, 1104, 110 [...]. Mat Paris, p. 56. 57, 6 [...]. Ra­dulphus de Di [...]e [...]o. Abbrev. Chron fol. 4 [...]4,495, 496. Chron. Iohannis Brompton. col. 999. Gorvasius Dorobem Actus Pomsle. Cont. col. 1658 1659. Antiqu Ecclesiae B [...]it. & Godwin in Anselm. Mr Tyn­dals practise of Popish [...]elates, p. 374 Holinshed. vol. 2. p 21, to 36. 469, 472, Speed p 462, to 473. F [...]x Acts and Monu­ments, p. 169, 170. King VVilliam Rufus banished Anselme Archbishop of Canterbury out of the Realm for Treason, against him and his Soveraign Power, and sei­sed his Temporalties till his death; after which King Henry the first recalling him, he most trayterously and obstinately oppugned the Kings Prerogative of investing Bishops in their Bishopricks by a Ring and Pastoral-slast, and refusing to do homage to the King, or to consecrate any Bishops who received Investi­tures from him, or did Homage to him; for which he was banished for three years out of the Realm, all his Temporalties and Goods moveable and immoveable seised into the Kings hands, with the Temporalties & Goods of those Bishops who renounced their Investi­stures by the Kings donation by Anselmes per­swasion. King Stephen seised all the Goods and Temporalties of Neu [...]rigensis, l. 1. c. 10. Radolfios de Diceto Abbrev. Chron. col 509. Gervisius Da­robernensis, col. 1330. 1363, 1371, 1666. Antiqu Eccles Brit l. 117, 118. Holinshed, vol. 3 pl 57, 59. Godwins Gata­logus p. 85, 86. Speeds History, p. 496, 497. Theobuld Archbi­shop of Canterbury, and banished him the Realm, for departing out of England to Rome upon the Popes summons, contrary to his expresse royal Prohibition; and for interdi­cting the King and whole Realm. After which being restored to his Archbishoprick [Page 52] by the other Bishops mediation, his Goods and Temporalties were again consiscated and seised into the Kings hands, Anno 1152. for refusing to Crown Eustace King Stephens Son, & he forced to flye the Realm, which he caused to be infested with fire, sword, and bloudy wars. Mat Westm. An. 1186 p. [...] 49 59. Mat. Paris. p 94. to 117 [...] Annal p [...] p [...]s [...] p. [...]91. to [...]3 [...]. Chron [...]e [...] ­ [...]asii [...]spa [...] [...]3, to 13 [...]9 Radul [...]hus de D [...]to, Ymogines Hist col. 53 [...]. 543, 54 [...], 547. Her [...]betus & I [...]han­ [...]es [...]arn [...]ensi [...] in [...]i [...]a ej [...], Gu [...]. Neubr [...]ge [...]sis, Hist l. 2. c. 16. Anti [...]u. Eccles. B [...]t. p. 118, to 1 [...] Ho [...]inshed, p. 69, to 81. [...]. p. 80, to 96. F [...]x Acts and Monuments, p. 186. to 200. Speech H [...]st [...]ry p. 503 to 516. Thomas B [...]cket Archbishop of Canterbury, an infamous perjured Traytor to, and Rebel a­gainst King Henry the second his (advancer and indulgent Soveraign) grand Oppugner of his Royal Prerogatives, and of the Customs of the Realm, contrary to the Oath and Recogni­tion of himself and all the Bishops, Clergy, and Temporal Lords, in the famous Great Council of Clarindon, endeavouring totally to exempt the Clergy from all Temporal power, jurisdiction, and judicature, for the most detestable Crimes and Murders, had all his Goods and Moveables by judgment of the Bishops and Peers condemned and confiscated to the King, his Temporalties seised into the hands, all his Moneys, Jewels, Plate, confisca­ted together with all the Clergy-men; goods who adhered to him; Mat. Paris, p 264 An [...]i [...]u. Eccles. Br [...]t p 144. Holinshed, p. 1 [...]9 Speed. p. 565.all his Kindred, Man, Woman, and Child secured, and afterwards banished the Realm, together with himself, for sundry years; and was at last slain in the Cathe­dral Church at Canterbury, for his manifold Treasons & Rebellions against the King, to the great disturbauce both of the Churches and Kingdoms peace. Mat. Paris Histor. p 26 [...]. An [...]i [...]u Eccles. Brit p. 1 [...]4. H [...] ­linshed p. 169. Sp [...]ed p. 565.King Iohn An. 1205. seised upon all Archbp. Huberts Lands and Possessi­ons after his death, for his manifold Contempts and Oppositions against his Royal authoritie and resolutions during his life. Mat. Pa [...]is. p. 213, to 278. Mat. Westm. An. 1207, to 1214. Mr. Tyndals practise of Popish Prelates p. 374, 375. Dr. Ba [...]ns his Supplication to King Henry 8. p. 189. Fox Acts and Monuments, p. 226, to 234. Antiqu Eccles Brit & Godwin in Stephen Langhton, Polychron [...]n, Fabian, Holin­shed, Grafien, Speed in Hen. 3. Stephen Langhton his next Successor in the Archie­piscopal See of Canterbury, for his manifold Treasons and Rebellions against King John, [Page 53] had all his Temporalties and Goods seised by the King, and was suspended from his Arch­bishoprick, and threatned to be deprived of it by the Pope. Mat Paris, Mat. Westm. Holinshed in H. 3. Antiqu Ec­clesiae Brit p. 191. G [...]dwin p. 114, to 119. Archbishop Boniface be­ing commanded by King Henry the third to relinquish his Archbishoprick, and depart the Realm, by reason of the grievous Complaints both of the Clergy and Commonalty against him, thereupon selled his Woods, leased out his Lands, extorted what moneys he could from his Tenants, and carried all with him in to Savoy, where he dyed. Mat. Westm. An. 1294. 1295, 1296, 13 [...]0, 1 [...] 1305, 1036. Wa [...]singham Hist. Angl. p 34, 35,40,63 Antiqu. Eccles. Brit p. 209, to 213. Holinshed, p. 301, 302, 313. Godwin p. 125, 126, 127. Fox Acts and Monuments. p. 320, 321, 337. Bishop Iew­els defence of the Apol [...]gy part 6. c 2. p. 521, 522. Cromp­tons Iurisdiction of Courts, [...]. 19, King Ed­ward the first, Anno 1301. put Robert Winchelsie Archbishop of Canterbury, with all the other Bishops and Clergy out of his Protection, and the Parliament House, and seised the Archbi­shops Temporalties, Goods, Debts. After which divers High Treasons, and Rebellious Con­spiracies were laid to his Charge by the King; who thereupon the second time seised all his Temporalties and Goods moveable and im­moveable, appealed him to the Pope, banish­ed him the Realm, forbidding any of his Sub­jects under grievous penalties to harbour him; and seised all the Lands of the Monks of Canterbury, and banished them the Realm, for furnishing this Arch-traytor secretly with ne­cessaries. Walsingham Hist. Angl p. 136, to 147. Antiqu. Eccles. Brit. p. 236, to 258. Fox Acts and Monuments, p. 349, 350, 409. Godwin, 13 [...], to [...]7. Speed, p. 699. Holinshed, p. 161. King Edward the second cau­sed all the Goods of Iohn Stratford Archbi­shop of Canterbury to be seised, and his Tempo­ralties to be sequestred into his hands, whiles Bishop of Winchester for taking that Bishoprick by Provision from the Pope, against his Royal command. After which being advanced to Canterbury by King Edward the third, he was soon after accused of Treason, Treachery and Conspiracy with the French and Pope against the King, whose designs against them he cros­sed [Page 54] all he could; whereupon the King resolved to commit him Prisoner to the Tower of Lon­don, whither he sent the Bishop of Chichesier, then Lord Chancellor, and the Bishop of Lich­fi [...]ld then L. Treasurer Prisoners for the like offences. Wherupon this Archbp. flying to Can­terbury, and there standing on his Gard, refu­sed to render himself, carrying himself very insolently and rebelliously against the King both in his Sermons and Excommunication; saying, That he had received no honor nor ad­vancement from the King, but ONLY FROM GOD, and that he would give an account of his Actions in no. Court, and to no Person but in Parli­ament; Whereupon a Parliament was sum­moned, and divers hainous Crimes charged against him by the King; which the King after great suit and intreaty pardoned. Walsingham Hist. Angl. p 161 Yp [...]digma Neustri [...], p. 132. Antiqu. Eccles Brit. p. 275, to 282 and Godwin in his lif [...]. Simon Langham Archbishop of Canterbury, Chancellor of England, Anno 1371. was put from his Of­fice, his Temporalties seised, and stripped of all his Archiepiscopal ensigns, for receiving from Pope Vrban the Cardinalship of St. Six­tus without King Edward the third his privi­ty, who was highly offended with him for it. Anno 1386. Walsingham p 261.262.263. Ypodigma, p. 139. Antiqu. Ec­cles Brit p. 283, to 295. God­win, p. 102, 203 Graftons Chron. p 336. Simon Sudbury Archbishop of Canterbury in the insurrection of Iack Straw was beheaded on Tower-Hill, his Head fixed on a Poll and set on London Bridge, as a Tray­tor and Enemy to the King and People. Antiq Eccles. Brit p 196, to 300. Holinshed, p. 475,476. King Rich. the 2d. highly offended with Will. Court­ney Archbishop of Canterbury, for receiving his Archbishoprick by provision from the Pope, against the Law and his Prerogative Royal, and for other Misdemeanours, commanded all his Goods and Temporalties to be seised, and forced the Archbishop himself to hide his Head for fear of imprisonment, till he made his peace with [Page 55] him. Rot. Parl. An. 21 R. 2. n. 15. 10 17. Exact abridgement of the Record in the Tower, p. 368. 1 H 4. Re [...] [...]a [...]l. n. 33, 48. Wa [...]singham Hist p. 397, 403. Polychion. i. ult. c. 8. Holinshed, p 488, to 514. Antiq. Eccles. Brit p. 303. to 311. Godwin, p 152, &c. Fox Acts and Monu­ments. p [...]33. &c. Graf [...]n, p. 390,391. Trussel. An 21 R 2. Thomas Arundel Archbishop of Can­terbury was impeached and condemned of High Treason against the King in the Parlia­ment of 21 Rich. 2. by judgement of Parlia­ment; for which he was ordered to be banish­ed the Realm, his Temporalties seised, his Lands and Goods forfeited. Holinshed p. 1091. 1093. Cromptons Iurisdiction of Courts, fol. 12, Fox, vol. 3. Antiqu Eccles. Brit. and Godwin in his life Thomas Cranmer Archbishop of Canterbury, was com­mitted Prisoner and impeached, convicted of High Treason against Queen Mary, for aiding the Usurper Queen Iane against her, and his Goods and Temporalties seised. Continuation of Holinshed, p. 1322, to 1329. Martins Chronicl. p. 654, 655. Edmond Grindon Archbishop of Canterbury falling into Queen Elizabeths displeasure, was suspended from his Archiepiscopacy by her order till his death. See Sandersons History of King Charles the first, and Sir George Paul in his life. Archbishop Abbot for killing his Keeper by Chance-medly in shooting at a Back, was suspended from his Archiepiscopal Jurisdiction by King Charles the first for sun­dry years, and his Archiepiscopal Jurisdicti­on, power delegated to others. And See my Canterburies Do [...]m, the Parliaments Iournals, and A Collection of Ordinances. Will. Laud the last Archbishop of that See, in the Parliament of 16 Caroli, was impeached of sundry High Treasons and high Misdemea­nours against the King and Kingdom, by the Commons of England, and Scots Commissio­ners; for which he was upon full Tryal and Hearing, imprisoned, atttainted, condemned and beheaded on Tower-hill, his Goods and Temporalties sequestred, seised, sold by Judg­ment and Ordinances of both Houses of Par­liament.

To these numerous Presidents of the Arch­bishops of Canterbury, I shall annex some pa­ralel ones of the Archbishops of York.

Will. Malm. de Gestis Pontif. l. 3 p. 260, to 166 Mat. Westm. An 871. Florentius Wigorniensis. An. 677, 691. Thomas Stubs. Actus Pontif Eboracens [...]um, col. 1691, 1741. Simeon Du­ne [...]m. Hist c 9 & Epistola de Archiepiscopis Ebor. col. 78. Ri­chardus Hagustaldensis Hist. c. 8. col. 294. Rodolfus de Diceto, Abbrev. Chronicorum, col. 440. Chron. Iohannis Brompton, col. 792. Antiqu Eccles. Brit. p 4, to 19,74. Holinshed History of Britain l. 5. c. 34,35,36 l. 2. c. 2. G [...]dw. Catalogue of Bishops, p. 560, 561, 562. Hen. Spel­manni Concil. p. 146, 14 [...], 149, 157, 161, 162, 163, 178, 179, 200, to 206. VVilfred Archbishop of York for his Treason in favouring and aiding the rebelli­ous Danes, and perswading Queen Ermenburga [Page 56] to desert her Husband the King, was by King Egfreds prosecution twice condemned and de­prived of his Archbishoprick in two several Councils, his Temporalties and Goods sei­sed, his Person imprisoned, his Archbisho­prick divided into two or three more Bisho­pricks, and himself exiled, some write for ten, others for eight years together, till at last with much importunity & many Letters from the Pope & others, he was restored to his See. Malmesh de Gestis Pon­tif. l 3 p. 260. Mat. Westm. Grafton, Roger Hoveden, and Florentius Wigoruien. sis, An. 951, 952,953 Tho­mas Stubs, col 1699. Holinshed Hist. of England, l 6. c. 23. p. 158. Godwins cata­logue, p. 567. Wolstan Archbp. of York, for his hamous Treason in deserting his natural Christian King Edgar, against his Oath, Allegiance, Pie­ty, Function, Christianity, and adhering to the invading heathen Danes, who wasted the Country, and endeavoured to rout out the Christian Religion; and for murdering divers Citizens of Hertford, was deprived of his Bishoprick, and imprisoned by the King for a year; and at last murdered himself.

Eadmerus Hist Novor. l. 5. & 6. Malmesbury de Gestis Pontif. l. 3. p. 274. 275. Polych [...]onicon, l 6. c. 1 [...] Si­meon Dunelmersis H [...]st. col. 141 Chronicon Johan­nis Brompton col. 1008. Gervasius Dorob. Actus Pon­tif. Cantuar. col. 1661. Thomas Stubs, Actus Pon­tif. Eboracensum, col. 1716. Antiqu Eccles B [...]i [...]. p 112, 113. Godw. Cat p 5 [...]9, 580. Holinshed, p 41, 42, 49. Turstan Archbishop of York for recei­ving his consecration from the Pope at the Council of Rhemes, against King Henry the first his expresse command, and his own Oath and Faith to the King, was banish'd the Realm, his Temporalties seised by the King for five years space, and he hardly permitted to return into England, after many mediations and me­naces of the Pope in his behalf. Gul. Neubrigensis Hist. l. 4. c. 17. Mat Paris p 146, 147, 212, 212. Mat. Westm. Anno 1207. Chronicon Jo­hannis Brompton. col. 1166, 1169,1171. Thomas Stubs, Actus Pontif. Ebor. col. 1724. Hoveden in Ricardo [...]. & Johan. Holinshed. p. 143, 147.163, 170. Godw p 587, 588. Geoffry Plantaginet Archbishop of York for breaking his Oath with King Richard the first, was kept from his Temporalties, and imprisoned by William Longchamp. After this, Anno 1194. upon several complaints against him in Parlia­ment, for hindering the Kings Officers to ga­ther a Tax in his Diocesse, and sundry con­tempts against King Iohn, his Lands and Goods were seised, and returned into the Kings Ex­chequer [Page 57] by the Sherift of York-shire by the Kings command; for which he excommuni­ting the Sheriff, was suspended his Bishoprick, and forced to pay a Fine of 1000 l. for his re­stitution. After which, for excommunica­ting those who collected a Tax for the King, he was banished the Realm, and his Tempo­ralties seised for above five years time; the See being kept void above ten years space in the Kings hand, when he was first made Archbi­shop. Thomas Stubs, Actus Pontif. Ebor. col. 172 [...]. Godwins Catalogue, p. 597, 598. Thomas Corbrig Archbishop of York for obeying and preferring the Popes com­mands before the Kings, in admitting the Popes Clerk to the Chapel of St. Sepulchres in York, and rejecting the Kings, about the year 1300. had for this his contempt three Baronies, antiently belonging and annexed to his Archbisho­prick, taken away and kept from him by King Ed­ward the first, during the Archbishops life, with­out restitution. Walsingham Hist. Angl. p. 354, 368 Grafton, p, 458, 460,463,464. Speed p. 748, 749. Trussel. Godwins Cat. p. 601,602. l 1 R. 2. c. 1. 6, 7. Alexander Nevil Arch­bishop of York was attainted of High Treason in the Parliament of XI. King Richard the se­cond, his Temporalties and Estate seised, and his Person adjudged to perpetual imprison­ment in Rochester Castle; who flying the Realm, Pope Vrban made him Archbishop of St. An­drews in Scotland; but the Scots refusing to own his Papal Authority, he was stripped of both Archbishopricks, and forced to live a poor Parish-Priest in Lovain till his death. Walsingham Hist. Angl. p. 416, 417. Ypodigma Neust, p. 168,170. Polychronicon, l. 8. c. 10. f. 326. Caxton. part 7. 430. Fabian, an. 611. 4. Halls Chronicle, part 1 f. 25. Holinshed, p. 522, 529, 530. Speed Hist. l. 9. c. 14. p. 775. Stow, Martin, Grafton, Baker, in 6 H. 4. Godw. p. 604,605,606. Ri­chard Scroop Archbishop of York was condem­ned and beheaded for High Treason against King Henry the fourth, and all his Temporal­ties, Monies, Goods seised and consiscated to the King An. 1405. Halls Chronicle, Anno 8, & 12 E 4. f. 201,202,22 [...], 224 Holinshed, p. 683,690. Grafton, f. 678,714. Speed, l. 9. c. 17 p 887. Godw. p. 609, 610, 611. George Nevil Archbp. of York (Brother to Henry Nevil the Great Earl of Warwick) a perfideous Traytor both to King Edward the 6th. and Edward the 4th. [Page 58] in the year 1472. was arrested of High Trea­son at VVindsor by King Edward the 4th. all his Plate, Money, and other movable Goods (to the value of 20000 l.) seised for the King, together with a Miter of inestimable value, by reason of the many rich stones ador­ning it, which the King broke and made a Crown thereof for himself; the profits & tem­poralties of hi-Bishoprick were taken into the Kings hands for above 4. years space, and him­self long imprisoned at Calis & Guisnes for his Treason against the King. Mr. Tyndals practice of Pop [...]sh Prelates, p 369, to 376 Halls Chronicle. 21 H 8. [...]. 18 [...], 185. 1 [...]0, 190. Antiqu. Eccles Brit. 355, to 37 [...]. Fox Acts & Mo­numents. p. 899. to 909. Holin­shed, p. 835, to 930. Hall, Grafton, St [...]w, Martin Baker, and others in 21, & 22 H 8. Godwin, p 620. to 623 See the Articles against him in Cooks 4. Institutes, c [...] 8 p. 89, to 98. Cardinal Tho­mas Wolsie Archbishop of York (a most insolent, proud, ambitious, covetous Prelate) for his manifold misdemeanours, Oppressions, and high crimes against the King, kingdom, people, and Kings royal Prerogative, was first attainted in a Praemunire An. 21 H. 8. whereupon the K. seised all his Goods, and took away the Great Seal from him. After which the Lords and Parliament exhibited sundry Articles of High Treason and other Misdemenours against him. Upon which by the Kings command he was ar­rested at Cawood of High Treason by the Earl of Northumberland in November 1536. his Plate, Goods and Temporalties seised, himself ca­ried Prisoner towards London, with intent to bring him to the Tower, to be further pro­ceeded against; to a void which infamy, he poy­soned himself with a strong Purgation, where­of he died at Leycester Abby, after which the King seised all his Lands and Manors, though a Cardinal and Archbishop.

To these Presidents of the Archbishops of Canterbury and York, I shall annex the like of some other inferiour Bishops. Mat. Westm An. 1108 p. 86, &c. Mat. Paris p. 217.218, 214. Polychron l 7. c. 33 Fa­bian, pars 1. An. 1205. p 18. Holinshed, p. 171, 172 Mar­tins Chronicle, p. 40 47, 48. Godwin, p. 194. Henry de Knyghton, De Event. Ang. l. 2. c. 14. William de sancta Maria Bishop of London, for interdicting the whole Realm, and excommunicating King [Page 59] Iohn, together with Edward Bishop of Ely, and Maugerus Bishop of VVorcester, who con­curred with him in this interdict and excom­munication to gratifie the Pope, had all their Goods and Temporalties seised upon by the King, Anno 1201. their Castles demolished, and themselves banished the Realm for five years space. Mat Paris, p. 186, [...]8 [...],944, 957. Godwin, 194, 125. Fulco Basset Bishop of London, a great Stickler for the Pope against King Henry the third, whom he oft affronted; [...]essed the King and Pope might take away his Bishoprick, his Miter, and Crosier, but not his Helmet and Sword, wherein he most glo­ried and consided. Mat. Westm. An. 1259, 1165, 1296. p. 182,330, to 314. Mat. Paris, p. 961, 970. God­win, p. 196. Holinshed, p. 171. Speed, p. 641. Henry Sandwich Bishop of London, against his corporal Oath of Feal­ty and Homage to King Henry the third, was a prime Stickler in the Barons wars against this King, and Promoter of the Articles of Oxford in the forty second year of his Reign, which took away his just Regal Power and Government of the Realm, and delegated it to twelve Commissioners; which Articles all the Bishops consented unto and sealed with their Seals, and this Bishop amongst the rest; for which in a Council held at VVestminster he was suspended both from his Episcopal Office and Bishoprick, which were sequestred into the Kings hands. Fox Acts and Monuments, 1641. vol. 2 p 215,378.379, 380, 350,554.672, to 699. vol. 3. p. 105,106, 107,251, to 284,759,8 [...]9,878,974 Mar­tins Hist p 453 Holinshed, p. 1259, 1260 Godwin, p. 144. Edmond Bonner Bishop of London, a grand Persecuter and Burner of Gods true Saints, yea a bitter Enemy to King Edw. the 6th. and Queen Elizabeth, was twice de­prived of his Bishoprick for his Contempts and Misdemeanours, once in King Edward the 6th. his Reign, and again in the first year of Queen Elizabeth, for refusing the Oath of Su­premacy and Allegiance, and murthering so many Protestants under Queen Mary; and by Authority of the Queen and Parliament com­mitted [Page 60] Prisoner to the Marshalsee among Rogues, where he died amongst Rogues and Murderers, and was buried at midnight in obscurity. Mat Westm, An 666, p. 234. G [...]dw p. 13 [...] Wina Bishop of VVinchester, so highly offended Kenewalchus King of the West Saxons who advanced him, that in the year 666. he drave him out of his Country, and deprived him of his Bishoprick. About the year of Christ 1107. Mat. Westm. An 110 [...], 1107. [...]. 1 [...] [...]2, Godw p. 1 [...],170. Hol [...]n [...]h [...]d, p. 3. King Henry the first was so far incensed against VVilliam Gif­ford, whom he had formerly invested in the Bishoprick of Winchester by the delivery of a Ring and Crosier, for renouncing th [...] [...] Investiture, and refusing his Consecration out of fear to displease Archbishop Anselm, that he seised his Temporalties, and banished him the Realm. Will. Malmesb. Nov l. 1, & 2. p. 178, to 194 Roger H [...]veden Annal. paris p [...]ie [...]. p. 48 [...]. 482 Mat. Paris. p. 71. to 76. Mat. Westm An. 1 [...]5, to 1150. Gul. Neub [...]g Hist. l. 1 c. 9, to 11. H [...]linshe [...] 54. Godw. p. 92 to 22 [...]. 223 Speed, p. 483, 484, 493, 494. Fox Acts and Monuments. p. [...]81. Henry de Bloys Bishop of VVinchester, against his Oath of Fealty and Al­legiance to Q [...]. Maud, dis-inherited her of the Crown, and set up K. Stephen in her stead; who not long after falling out with this Bishop, sei­sed all his Castles; whereupon he revolted to Maude, and procured a Pall from the Pope, to be made Archbishop of VVinchester, and to have seven Bishopricks annexed to his Pro­vince. Mat. Westm. An. 1243, 1244, p. 1 [...]4, 175,178,179. Mat. Paris p. 788, [...]89.616, 619. Holinshed, 231, [...]32. Godw. p. 227, 228. VVilliam Raley Bishop of VVin­chester for excommunicating the Maior, Citi­zens, and Monks of VVinchester for obeying King Henry the third his Edict, not to give him or his any victuals or lodging, and inter­dicting the Cathedral there, was forced to fly the Realm, and relinquish his Bishoprick, till by Archbishop Bonifaces, and the Popes me­diations (which cost him a gratuity of 6000 l.) he made his peace with the King. Mat. Paris, p. 774,775 780, 788, 789, 794, 824, 830, to 834, 847, 890,900,904,90 [...], 946,9 [...]9. Additamenta p. 215. 219. Mat. Westm. Holinshed, Daniel, Speed, Craften in H. 3. Godwin p. 176.177. Ethel­mar Bishop of VVinchester, caused the Barons assembled in a Parliamentary Council at Ox­ford to take up Armes against him for his in­tollerable [Page 61] Insolencies, Tyrannies, Exorbitan­cies, Oppressions, and to drive him out of the Realm; who seising on all his Goods and Trea­sure they could meet with, writ Letters and sent Agents to Rome to stop his return into England, which neither the King, Lords, nor Commons would permit upon any Letters or sollicitations from the Pope on his behalf to King Henry the third, and the Lords. Mat Westm. An. 1265. 1266. Mat. Paris p. 951.970 972. Godw p 177. Holinsh [...]d 271. Iohn Gernsey Bishop of VVinchester was excommu­nicated by the Popes Legat, his Temporalties seised, and he forced to fly to Rome for an abso­lution, for taking part with the Barons against King Henry the third, subscribing and ratify­ing with an Oath the Antimonarchical Provi­sions of Oxford in derogation of the Kings Royal Power and Government, against his Oath and Allegiance to the King. Antiq Eccles Brit. p. 286, 287. Godw. p. 231. Henry VVoodlock Bishop of VVinchester, interceeding to King Edward the first, for Robert VVinches­sie Archbishop of Canterbury banished for Trea­son, and calling him his good Lord, had his Temporalties seised, Goods confiscated, and was put out of the Kings protection. Antiqu. Eccles. p 286. 287. Holinshed p 526. 527. Godw p. 184 185. VVil­liam VVickham Bishop of VVinchester for wa­sting and embesselling the Kings Treasure to a great value, wherein he was condemned, had all his Goods seised, his Temporalties be­stowed on the young Prince of VVales, and was likewise banished above twenty miles from the Court. Fox Acts and Monuments Ed. 1641. vol. 2 p. 711 to 740 vol. 3 16, 40 1 [...]3 527. Holinshed p. 1154 to 1161. Balaeus Scrip­torum Brit Centur. 8. sect 88. Stephen Gardiner Bi­shop of VVinchester, for a seditious Sermon preached before King Edward the sixth, and disobeying the Kings Injunctions, was com­mitted Prisoner to the Fleet, and afterwards to the Tower of London, for two years space and an half, after which he was deprived of his Bishoprick, seised into the Kings hands, and sent [...] [Page 62] to Prison again, being an implacable enemy to King Edward the sixth, and the Lady Eli­zabeth, afterwards Queen of England, whose death he oft contrived, and had well-nigh accomplished. William Harrisons Descripti­on of England l. 2 c 1 p 138. Martins History. p. 452. 453. 454. Bal [...]us Cent. Script Brit. l. 9 sect. 97. Iohn White Bishop of VVin­chester, to obtain this fat Bishoprick promised to give the Pope 1600 pounds a year out of it during his life; which Sin the Pope seem­ingly detesting, he was forced to pay much dearer ere he could obtain it; he threatned to excommunicate Queen Elizabeth in the first year of her reign, for which he was commit­ted to Prison. After that for refusing [...] take the Oath of Supremacy and Allegi [...] [...] the Queen, he and thirteen more Bishops were deprived of their Bishopricks, and o­thers placed in their roomes. Mat. Westm An. 750 p. 273 Hoveden Annal. pars. pri­o, p. 402. Kenulph the tenth Bishop of Durham, in the year of Christ 750. was apprehended and committed Prisoner of the Castle of Bebba, and his Church besieged by Egbert King of Northumberland for misdemeanours against him. Simeon Dunelmensis Hist. l. 3. c 9. col 34 Malmesh. de Ge­stis Pontif l. 2 p. [...]7 [...]. Mat Paris. Mat. Westm An. 1096. p. 5. Godwin, p. 632. Fgelrick 16. Bishop of Durham, charged with Treason and Conspiracy against VVilliam the Conqueror, Py­racy on the Sea, and disturbing the peace of the Kingdom, was for these offences commit­ed perpetual Prisoner to VVestminster Abby, where he lamented his misdemeanours, and dyed very penitently. Simeon Dunelm. Hist col. 200. Mat. Paris Mat. Westm. Flor. Wigorn. Roger Hov. An. 1069. 1070. 1071. Godw. p. 636, 627. Thomas Stubs, col. 176. Henr. de Knyghion, col. 2347. Egelwyn the 17. Bishop of Durham for raising two Rebellions against King William the Conqueror, and excomm [...] the King, with all his Followers, as Invadors and Robbers of the Church, was banished the Realm, deprived of his Bishoprick, and at last invading the Realm, was taken Prisoner in the Isle of Fly by the King, and committed close Prisoner to Abyngdon Anno 1071. wher [...] refusing to take any sustenance, he died of an­ger, [Page 63] grief, and hunger. Not mention the tra­gedy of Malmesh l 3. Hist. Angl. p. 110 Mat Paris, An 10 [...]5. p. 9. Hoveden Annal pars prior, p. 95 [...], 9 [...]5. 956 Godw p. 6 [...]7. to [...]41. Simeon Dune [...]m Hist. ed. 208. 204 210 Chron. Iohannis Breuspton, col 977. VVa [...]cher Bishop of Durham, cre­ated Bishop, and likewise Earl of Northumber­land by VViliam the Conqueror (the first Spiritual and Temporal Lords of this See) who turning a very great Oppressor of the People, so far incensed them by the mur­ther of Leulsus by Leoswin and Gilbert his Chaplain and Kinsman, that they assaulted him and his Followers in the Cathedral Church, where they fortified themselves, slew the Bishop himself, and all his retinue, to the number of one hundred Persons, and set the Church on fire. Malmesh. de Gestis Regum, Angl. l. 1. p 120, 121. De Gestis Pontif. Angl. l. 3. p. 2 [...]7. Mat Paris, p. 13, 14. Mat. Westm. Flor. Wigorn. Ho­veden, Walsingham, Ypodigma Neustr. An. 1088 Holinshed, p. 17, 18 G [...]dw. p. 643, 644. VVilliam Kairli­pho, his next Successor in the See of Durham, though advanced to that Office by King VVil­liam Rufus, and made one of his Privy Coun­sel, yet he most treacherously and ungrateful­ly conspired with Odo Bishop of Bayon, and o­ther Great men Anno 1088. to deprive him of his Crown; which the King (who most tru­sted and favoured him of any other) took ve­ry grievously at his hands; whereupon he marched to Durham in person with his Army, which this Bishop by strong hand held out a­gainst him, till at last he was enforced to sur­render the City, and himself to the Kings mercy; who thereupon banished him the Realm for three years, taking the profits of his Temporalties till September 11. An. 1100. at which time the King received him into his favour, and restored him to his Bishoprick. After which he fell again into the Kings dis­pleasure, and dyed of grief, that he could not clear himself of the Rebellion charged against him, which he was summoned to answer. In the year of our Lord 1101. Mat. Paris. p. 51, 54. Will. Malm. De Gestis Pontif. Angl. l. 3. p 277, 278, Godwin, p. 645, 646, 647. Simem Du­nelm. Hist col. 59, 1062. De Gestis Regum, col. 226. Ra­dulsus d [...] Diceto, col. 499. Chron. Iohannis Brompton, col. 909. Henry de Knyghton, De Event. Hist. l 3. c. 8. K. Henry the first, upon the innumerable complaints to him [Page 64] made against Ranulph Flambard Bishop of Dur­ham by the Vote of a whole Parliamentary Council clapt him up Prisoner in the Tower of London, for a most notable Oppressor, Ex­tortioner, Rebel, Traytor, prepared to act any wickednesse, who was likewise crea­ted by VVilliam Rufus both Chancellor and Treasurer of England. This Bishop afterwards escaping into Normandy, perswaded Duke Ro­bert to invade the Realm, to the great distur­bance thereof, and effusion of much Christian bloud. After which having purchased his peace with large Gifts, [...]et the K. exacted from him great sums, & seised on all his Goods & Bisho­prick. Holinshed History of Scotland, p. 181. Edgar (King of Scots) about the year 1100. gave the Town of Berwick to the Bishop of Durham; but because he afterwards wrought Treason against him, he lost the Gift, the King thereupon resuming the Town into his own hands. Chron. Iohannis Brompton. col. 1259. Hoveden Annal pars posterior, p. 615. Holinshed, p 105. Hugh Pusar Bishop of Durham, (who purchased the Earldom of Northumberland of King Richard the first) for giving a rude sawcy answer to King Henry the second, had his Castle of Durham seised into the Kings hands, Anno 1184. and otherwise was afflicted by him. Henr. de Knighton de Eve [...]. Angl. l. 3. c. 5. Godw, p. 521, 522. Anthony Beak, or Bek, Bishop of Durham, excommunicating the Prior and Monks of Durham, notwithstanding their Ap­peal to the Pope and King, and going to Rome without the Kings License; King Edward the first thereupon seised his Temporalties and Liberties; and appointed a new Chancellour, new Justices, and other Officers of Durham. Du­ring this his disgrace, this King for his con­ [...]empts took away three Manors, and the Church of Symondbury from the Bishoprick, with divers other Lands. He being with o­ther Bishops put out of the Kings protection [Page 65] for denying to grant him an ayde, he and they were forced to make their peace with large Gifts, & the grant of the fifth part of thier Ec­clesiastical Goods and Revenues for one year. Godwins Catalogue, p. 524.After the death of Lewis Beaumont, the Monks of Durham electing a Monk of their own for their Bishop, the Archbp. of York consecrating him without the Kings License: the King thereupon refused to restore his Temporal­ties to him, and caused Richard de Bury with­out any election of the Monk or Chapter, to be made and consecrated Bishop in his place; whereupon the Monk retired into the Mona­stery. Fox Acts and Monuments, 1610. p 1. 80. An [...]iqu. Ec­cles. Brit. Godw p. 670. Cuthert Tonstall Bishop of Dur­ham for his disobedience to King Edward the 6th. was committed Prisoner to the Tower of London, Decemb. 20. 1551. where he continu­ed all his Reign, the King being so highly of­fended with him, that in Rastals Abridgement of Sta­tutes, Title Durham. Cambden [...] Brit. p. 736, 741. Holinshed, p. 1184. Godwin, p. 533. Martins History, p. 452, 453, 454. 7 E. 6. by a spe­cial Act of Parliament, the Bishoprick of Dur­ham was dissolved, and all the Lands and He­reditaments thereof given to the King, his Heirs and Successors; though afterwards the Bishop and Bishoprick were restored by Queen Mary; but in 1 Elizabeth this Bishop was de­prived of his Bishoprick by Act of Parliament for refusing the Oath of Supremacy, and op­posing the Queens proceedings, and commit­ted Prisoner to Lambeth. Our learned Mar­tyr Practise of Popish Prelates, p. [...]74. William Tyndal, writing of this Bishop Tonstall, observes, That the cause why he left the Bishoprick of London for Durham, was only covetousness and ambition. Neither (addes he) is it possible naturally, that there should be any good Bishop, so long as the Bishopricks be nothing save wordly pomp and honour, superfluous abundance of all manner of Ri­ches, and Liberty to do what a man list un­punished; [Page 66] things which only the evil desire, and good men abhor.

Chroni [...]on Ge [...]. col 1345. 1346. Chron Iohannis Brompton, col. 1023 1 [...]26, [...]0 [...]7. Henry de Knyghton. De Event Angl l. 2. c. 10. W. Malm. Hist Nov. l. 2. p. 18 [...] to 190. Gul Neubrigensis, Hist l. 1. c. 6. Mat. Paris, Mat. Westm. Hoveden, Hygden, Fabian, Holinshed, Gra [...]t [...]n. Speed, Da­niel, Fox in the life of King Stephen, Godwin, col. p 319, to 322. Roger the great rich Bishop of Salisbu­ry, (who contrary to his Oath, Duty, and Al­legiance to King Henry the first his Advancer, and Maud his Daughter, set up and made Stephen, (a Usurper) King, thereby involving the Kingdom in intestine bloudy wars and feuds all his Reign; by a divine retaliation of his Perjury and Treachery, had his Person im­prisoned, his 2. newly repai [...]ed Castles of Sh [...]r­born and Malmesbury, with his stately new built Castle of Devises, and all his ammunition and treasures in them seised upon, with the [...]astles of his Nephews and Creatures ( Nigellus Bp. of Ely, & Alexander Bp. of Lincoln) for real or pre­tended offences, which Castles K. Stephen refu­sed to restore, or to be judgd by the Bishops, or their Canons in the Council of Winchester, som­moned by the Popes Legate, to debate the legality of their seisure by the King, and to restore them to the Bishops, which the King would by no means give his consent to do; the Archbp. of Rhoan justifying the lawfulness of these Castles seisure in the Council, as well as the Kings Lawyers. Godw. Catalogue of Bishops, p. 281. Walsingham, Trussel, Holinshed An. 1388. Richard Milford Bishop of Salisbury, was by order of the Ba­rons in Parliament in XI R. 2. removed from the Court, and imprisoned in the Castle of Bristol, as a pernicious Whisperer, Flatterer, evil Counseller, Traytor to the King and Kingdom. Fabians Chronicle, part 7. An. 1050. p. 453. Caxton, part 6 Grafton, Hall Speed, Martin, An. 1450. Holin­shed, p. 636. Godwin, p 351. William Ayscoth Bishop of Salis­bury Confessor to King Henry 6. by his oppressi­ons, ill dealing, and consenting to the yield­ing up of Anjou and Mayen to the hands of the French King, so far incensed the Nobles and vul­gar Rabble his Tenants too against him, that in the insurrection of Iack Cade, June 29. 1450. [Page 67] some of these Bishops Tenants coming to E­d [...]ndon in VVilishire whiles he was there say­ing Masse, seised upon him even in the Church, drew him from the Altar arrayed in his Pontifical Massing Vestments, carried him to the top of a Hill not far off, and there whiles he was kneeling on his Knees cleft his Head in two, stript him naked to the skin, and renting his bloudy shirt into several pie­ces, took every man a rag to keep it as a mo­nument of this their exploit. Which though tumultuous and illegal in them, was yet a just judgement of God upon himself, for opre [...] ­sing his Tenants, and other publick misde­meanours.

Mat Westm. An. 873. God­win, p 926. Anno. 873. Alfred Bishop of Leicester was deprived of his Bishoprick for his misde­meanours by King Elfred. Simeon Dunelmensis Hist Flor. Wigorn. Mat. Westm Brampton Anno 1052. Godwin, p. 130. Vl [...] Bishop of Lincoln was banished the Realm, and hardly escaped with his life, together with Robert Archbishop of Canterbury, and VVilliam Bishop of London by Edward the Confessor, by the advise of his Nobles assembled in a Parlia­mentary Council, for giving this good King wicked Counsel, an incensing him against the English; causing the King to infringe his good Laws, and not to administer upright Justice to his People, which he promised to reform upon their banishment. Mat. Paris, Anno 10 [...]0. p. 6 Simeon Dunelmensis, Florentius Wigorniensis Ingul-Malmesbury, Hoveden, Bromp­ton in Anno 1070. Holinshed, p. 18. Alexan­der Bishop of Lincoln was banished the Land, forced to fly into Scotland, and deprived of his Bishoprick, Anno 1070. for opposing, VVil­liam the Conquerour, as an Invador of the Church and ravishers of Ecclesiastical things, the Norman Conquerors making bold with all the Money, Chattels, Charters they could find in any Monastery, which they diligently searched by the Kings command, who appointed how [Page 68] many Souldiers every Bishop & Abbot which held of him by Barony, should find for the King in times of war, from which they were formerly exempted. Ch [...]i [...]on Iohannis Brompton, [...] 10.7. Gal. Neub 1 [...], l. [...] Han [...]ingd [...]n H [...]st. l [...]. p. 389, 3 [...]. H [...]e­ [...]. Annal [...] Mat Westm, Mat Westm [...] 1 [...] to 11 [...] Fox Acts and p 1 [...]2 Sp [...], p. 4 [...]8, 4 [...], 494. Holinshed p. [...]0. Godwin, p. 233 Alexander Bishop of Lincoln, Nephew to Roger the great Bishop of Salisbury, built three new Castles at Banbu­ry, Newark, and Sleford, which King Stephen seised upon and took from him, upon some pretended or actual Misdemeanours, together with all the Ammunition and Treasure this Bishop had laid up in them, and imprisoned the Bishop himself, for holding the Castle of Devises against him, and refusing to surrender it till constrained. Mat. Paris Hist. p. 103, 195, 1 [...]. Hoveden Annal. pars [...] ste [...]. p. 756, 777. Holinshed p. [...]73 Riha [...]enira, Fleu [...]s des [...]ies des Saincts par. 2 p. 428. 429. W [...]ll [...]s Synop­ [...]s papi [...]ini. con [...]s. 5. qu 5. p. 280 St. Hugh Bishop of Lincoln did much oppose the payment of any Subsidies or Taxes to King Henry the second, Richard the first, and King Iohn; he resisted King Richard the first to his face when he de­manded Taxes from his Subjects, by means whereof; and of another Bishop joyning with him, he could gain no moneys from them. Whereupon the King in a great rage banished both these Bishops, confiscated all their Goods, and seised the Goods of the other Bishops, who thereupon submitted to the King. Mat. Paris. Hist. Angll p. 22 [...], 288 Ami [...]a Eccles Hist p. 149 Fox Acts and Manu [...], vol. 1. p. 335. Willets Synopsis, P. p. contr. 5 qu. 3. p. 250. Hugh Wallis or de VVills Bishop of Lincoln, about the year 1209. owning that Arch-traytor Stephen Langhton for Archbishop of Canterbury, and receiving his consecration from him, contrary to King Iohns expresse command, had all his Temporalties seised, and himself kept fasting for four years space before they were restored. After which he joyning with Lewis the French King, and the Barons siding with him against King Iohn, he was for these new Treasons, not only prose­cuted by the King, but also excommunicated by the Pope, and not absolved till he paid [Page 69] the Pope one thousand Mark, and his Legat one hundred Marks; sundry other of our Bi­shops being then fined for the like Crimes, and that so deeply, that they were compelled to sell all they had to satisfie the King. Walsingham Hist. Angl. Anno 1320, 13 [...]7. p. 101 104. 105. Godwin, p. 303 Speed. Histo [...]y. p. 678, 680, 681. Hugh Burwash Bishop of Lincoln, though advanced by the special favour of King Edward the se­cond to that See, fell so far into his Royal displeasure within two years after his conse­cration, for some contempts and offences a­gainst him, that the King seised his Tempo­ralties into his hands for two years space, An­no 1324. he being restored to the Kings fa­vour and his Temporalties again, the grudge thereof stuck so far in his stomach, that none was so forward to assist the Queen with mony, armes, forces, nor so eager against the King to depose him, as this Bishop of Lincoln, and the Bishops of Ely, Dublin, and Canterbury, by whose assistance and advice the King was not only deposed, but murdered. Martins History, p. 453. Godwin, p 24 [...]. Antiqu. Ec­cles. Brit. p. 416, 427. Thomas VVatson Bishop of Lincoln in the first year of Queen Elizabeth, [...]as by the Queen and Parli­ament deprived of his Bishoprick, and com­mitted to Prison for refusing to take the Oath of Allegiance and Supremacy, and threatning to excommunicate the Queen for altering Religion.

King Stephen about the year 1140. banished Rodulfus de Diceto, Abbrev. Chronicorum, col. 508. Mat. Paris, p. [...]4. Mat. Westm. An. 1339. p. 36. Godwin. p 201. Henr. de Knyghton, de Event. Angl l. 2 c 10. Nig [...]llus Bishop of Ely for his Treason and Contempts against him, seised his Castles and Temporalties during his life, and kept them in his hands at least five years space after his death. Mat. Paris. p. 147. Godwin, p. 202. Rodulfus de Diceto, Martins Hist. ecl. 677. G [...]offry Rydel his next Successor (commonly called the proud Bishop of Ely) had all his Moneys, to wit, 3060 marks of Silver, and 205 pounds of Gold seised upon, and confiscated by King RICHARD the first. [Page 70] Ch [...]ni [...] Iohannis [...]. vl. 1.24, 1217. H [...]eden Annal. p [...] s [...]i [...]r, [...] 7 [...]. [...]18, 719, 720, 735. Mat Paris. p 151, 155. 156 15 [...]. 162. &c. N [...]rig [...]nsis, Hist. l. 4. c. 1 [...], 15, 16, 17, 18. H [...]lin­s [...]d. p [...]0 [...] 1 [...]3. F [...]x Acts and Monuments p 114. [...]3, [...]4, [...]ec [...]. 531, [...]c. [...] p 147 Henry [...] [...]ent. Angl. l 2. c. 13. Ch [...]. William Longchamp Bishop of [...]ly, both Protector, Chancellour, and Chief Justice of the Realm, and Popes Legat, during King Richard 1. his absence in the holy wars; as he seised and spoyled the Temporalties and Goods of Geoffry Plantaginet Archbishop of York, stripped him and his Followers of all they had, dragged him by his Officers out of St. Martyns Church in Dover by force from the very Altar it self, without the least respect to the greatness of his Person, or holyness of the Place, and thrust him Prisoner into Do­ver Castle; so himself was soon after seised up­on, dragged by the Heels, and imprisoned at Dover by the vulgar Rabble, then forced out of the Realm by the Nobles, and other Pre­lates, and his Estate confiscated for his intol­lerable Tyranny and Misdemeanours Mat Westm Mat. Paris, An. 12 [...]3 p. 217. 218. Holinshed, p 171, 172, &c. God­win p. 291. Henry de Knygh­ton de Event. Angl. l. 2. c. 13. Eu­stathius Bp. of Ely, for pronouncing the Popes excommunication against King Iohn, & inter­dicting the whole Realm, had all his Tempo­ralties seised into the Kings hands, his Goods confiscated, himself forced to fly the Realm, and to continue in exile many years; all the Prelates and Clergy of England confederating with him herein being likewise commanded to depart the Realm, their Possessions, Baro­nies, temporalties, Goods seised, confiscated, and all of them put out of the Kings prote­on, Anno 1208. Mat. Paris, p 906, 941, 969 Godwin, p. 207. King Henry the third was so highly offended with Hugh Balsam Bi­shop of Ely, that he seised upon his Tempo­ralties, caused all the Woods thereon to be cut down and sold, the Parks to be spoyled, the Ponds to be fished and wasted, and ha­vock to be made of all things, for harbouring the Rebels then in armes aganst him. Godwin, p. 269. to 272. Walsingham Hist. An. 1318. p. 1 [...] Ypodigma Ne [...]sts. p 125 Holinshed, p. 391. 392. An­tiqu Eccles. Brit p 271, to 275 Har [...]isons History of England l 2 c 1 p. 143, 144. Fox Acts and Monuments, vol. 3. Tho­mas Lilde Bishop of Ely, a furious indiscreet [Page 71] Prelate, upon King Edward the third his com­plaint to the Parliament was banished the Court during his life, & his Possessions seised on by the King till his death. Godw. p. 225, 229, 339. Martins History, p. 453, 454. Thomas Thurlby Bishop of Ely, for denying the Oath of Supremacy, and opposing the reformation of Religion intended by Queen Elizabeth, was committed Prisoner to the Tower, and depri­ved of his Bishoprick by the Parliament in the first year of Queen Elizabeth, with other Popish Bishops deprived for the like offen­ces the same year.

Fabians Chron. part 7. p. 181, 182. Holinshed, 338. 1305. Walsingham Hist. Angl. p. 104, 105. Godwin. p. 330. Walter Stapleton Bishop of Exeter, Anno 1326. was assaulted by the people in London, at the North-door of Pauls, and dragged thence by them into Cheapside by the heels, where they proclaimed him an open Traytor, a Seducer of King Edward the second, (who left the charge of the City to him) and a Sub­verter of their liberties; after which strip­ping him of his Pontifical Garments, they took off his Head from his Shoulders, and set it on a Poll for a spectacle, that the remembrance & cause of his death (never questioned) might continue. Malmesh. de Gestis Pontif. l. 2. c. 12. p. 77. Mat. Westm. An. 1040. Godwin, p. 436. Living the 23d. Bishop of Wor­cester, Anno 1040. was accused by Elfrick Arch­bishop of York, for procuring the death of Alfred eldest Son of Ethelred: Whereupon King Hardeknute degraded him, and gave his Bishoprick to Elfrick. So Mat. Westm, An. 120 [...]. Mat Paris. p. 217. 232. Walsingham Ypodigma Neustriae. p. 53. Godwin, p. 362. Ho­linshed, Speed, Grafton, An. 1208. in King Iohn. Alfred Bishop of Worcester for his misdemeanours and oppo­sition against King Hardeknute, and having likewise a hand in the death of his half Bro­ther Alfred, was expulsed that See, till his money purchased his peace. Holinshed, l. 7. c. 15. p. 1851, Speeds History, p. 405, 411. Maugere the third Bishop of Worcester, being one of the four Bishops who excommunicated King Iohn, and put the whole Kingdom under an Inter­dict, [Page 72] Anno 1208. had all his Goods confiscated, his Temporalties seised by the King, and be­ing forced to fly the Realm for these misde­meanours died in exile. Malmesh. de Gestis Pontif. l. 4 p. 287 Godwin, p. 473. Raynelmus the 30. Bishop of Hereford receiving his investi­ture from King Henry the first, by the delivery of a Ring and Crosier, according to the Law and Custom of that Age, and afterwards re­signing them into the Kings hands again to pleasure Anselme, against the Kings Preroga­tive, the King was so highly offended with him (as he had just cause) that he presently banished him the Realm, and seised his Tem­poralties. Mat. Westm. An. 1208, 1215. Godw. p. 375. Giles de Bruse Bishop of He­reford for siding with the Barons in their wars against King Iohn, and consenting to the Inter­dict, had all his [...]oods and Temporalties; sei­sed, and was banished the Kingdom by King Iohn. Mat. Paris, p. 881, to 889, 90 [...], 90 [...], 916, 917, 924, 934. 960, 961. Holinshed, p. 251, 252, 1258. Godw p. 375. Peter de Eveblancks 42. Bishop of Hereford for his intollerable Oppressions, Treacheries and Exorbitances, was arrested by the Barons in the year 1263. in his own Ca­thedral Church, where they seised upon his Goods, divided his Treasure amongst their Souldiers before his face, and then imprison­ed him a long time in Ordley Castle, as a mere Pest and Traytor both to Church and State. Walsingham Hist. Angl. p 98, 99, 101, 104. Ypodigma, Neu­striae An. 1326, 1327. Ho­linshed, p. 329, 339, 340, 1245. Speed. p. 7730, 680. Antiq Eccles. Brit. p. 217 Godwins Catalogue, p. 232, 233. Cambdens Britan. p. 575 My Antipathy to the English Lordly Prelacy to Vni­ty and Monarchy, p. 55, 56, 265, 266, 236. Adam de Orlton or Tarleton the 46. Bishop of Hereford, was arrested of High Treason for aiding the Mortymers with men and armes, against King Edward the second, and being in­dicted and brought to the Kings-bench Bar at Westminster to be arraigned for this Treason, the Archbishops of Canterbury, York, and Dublin, accompanied with their Suffragan Bishops, came forcibly with their Crofiers, rescued, & took him away from the Bar, and protected him from the Kings Justice; but the Indictment [Page 73] being found true upon proof, his Temporal­ties were thereupon seised into the Kings hands, till by this Bishops instigation he was deposed from the Crown, and soon after mur­dered by his advice. When Queen Isabel and her Son Prince Edward were with their Army at Oxford, this Bishop steps up into the Pulpit, and there taking these words for his Text, My Head grieved me: he made a long Discourse to prove, That an Evil Head, not o­therwise to be cured, must be taken away; applying it to King Edw. the 2 d. that he ought to be deposed; and afterwards he counselled the Queen to depose & make him away; which being effected at Berk­ley Castle, by thrusting a hot Spit into his fun­dament; none then appeared so earnest a Pro­secutor of these Murderers as this Traitorous Bishop, who set them on work: to whom when many of his own Letters were produced and shewed concerning this most traytorous in­human Act, he eluded them by sophistical interpretations, and utterly denyed he was any way consenting thereunto, when as in truth he was the chief occasion and adviser thereof. Rot. Parl. 1 H. 4. Wal­singham, Hist. Angl. p. 401. Holinshed, p. 507, to 510. Speed, p. 763. Grafton, How, Baker, Trussel, Hall in R. 2. & H. 4. Godwin, p. 378. Iohn Trevenant the 51. Bishop of Hereford was one of the prime Actors in the deposition of King Richard the second, and setting up King Henry the 4th. in his Throne; for which he demerited not only a sequestration of his Temporalties, but a De­collation, though he escaped both. Mat. Westm. Wigorniensis, Mat. Paris, Malmesbury Ho­veden, Chron. Iohannis Bromp­tou, Huntindon. Anno 1070. Godwin, p. 383. Charles Booth Bishop of Hereford was excepted out of the General pardon of the Praemunire granted by King Henry the 8th. to the Clergy in Par­liament, 22 H. 8. c. 15. for which his Goods and Temporalties were confiscated to the King. 11 R. 2. c. 6. Walsingham Hist. Angl. An. 1388. p. 3 [...]5. Grimston, Holinshed, Trussel, An. 11 R. [...]. Godw. p. 388. Agelrick Bishop of the South-Saxons (since Chichester) was deprived by [Page 74] VVilliam the Conqueror, Anno 1078. with sun­dry other Bishops and Abbots in the Councils of VVinchester and VVindsor, for their Trea­sons and Conspiracies against him, and after­wards imprisoned. 11 R. 2. c. 6. Walsingham Hist. Angl. An. 1388 p 305. Grimston, Holinshed, Trussel, An. 11 R. 2. Godw. p. 388. Thomas Rushock the 20th. Bishop of Chichester, a lewd pernicious Prelate, Anno 1388. was banished the Court as a Traytor and pernicious Counsellor to King Richard the second, his Lands and Goods confiscated, himself banished and de­prived of his Bishoprick by Act of Parliament, and had suffered death too as a Traytor, but that his Guiltiness made him fly before he could be apprehended. Holinshed, p. 951. Richard Sampson, the 37th. Bishop of Chichester, Anno 21 H. 8. was committed Prisoner to the Tower, for re­lieving certain trayterous Persons who de­nyed the Kings Supremacy. Godwin, p 390. and Fox, vol. 2. George Day Bishop of Chichester, Octob. 10. 1551. was de­prived of his Bishoprick for denying the Kings Supremacy, maintaining the Popes, and other Misdemeanours; and his Tempo­ralties seised. Martins History, 452, 453, 454. Antiqu. Eccles. Brit. in Mat. Parker, Godwin, p. [...]90. Iohn Christopherson Bishop of Chichester was deprived of his Bishoprick by Act of Parliament, 1 Eliz. for denying the Queens Supremacy, and to take the Oath of Supremacy and Allegiance.

Walsingham Hist. p 278, 319, to 334, 338. Poly­chronicon, l. 7. c. 5. Antiqu. Eccles. Brit. p. 248 Holin­shed, p. 442,443. Speed, p. 795, 797. Godwin, p. 350, 357, 352. Exact Abridgement of the Records of the Tower, p. 288, 289, 291, 292,293. Henry Spencer Bishop of Norwich a Mar­tial Prelate, more imployed in the Field than in the Pulpit, and the Popes General against the Flemmings, Anno 1385. had all his Tem­poralties seised into the Kings hands for two years, for raising an Army and passing the Seas without and against King Richard the se­cond his command, and was likewise questi­oned, fined and ransoned in Parliament for his misdemeanours in that military imployment. Godwin, p. 952. Alexander Bishop of Norwich being elec­ted [Page 75] by the Monks against the Kings consent Anno 1406. had his Temporalties kept from him by the King, and his Person imprisoned at Windsor almost a year. Hill 25 H 8. coram Rege, r [...]. 15. Godwin, p. 354. Richard Nyx Bishop of Norwich in the 25 of H. 8. was at­tainted in a Praemunire, put out of the Kings protection, his Person imprisoned, his Lands, Goods and Chattels seised and forfeited to the King, for citing the Maior of Thetford into his Spiritual Court, and forcing him to re­voke a Presentment upon Oath, contrary to Law.

Roger Hoveden Annal. pars p [...]ste [...]or. p. 734 737,752,776. Mat. Paris, p. 180 Mat. Westm. Anno 1198 p [...]. Holinshed, p. 112, 147, God­win, p. 258. Speed, p. 5 [...]1. Hugh Novant Bishop of Chester (or Coventry and Litchfield as some stile him) for conspiring with the King of France and Earl Iohn, against his Soveraign King Richard the first, to detain him still in Prison, and plot­ting all the Mischief he could for the destru­ction of the King and Kingdom, was in a Grand Parliamentary Council held at Not­tingham, about the year 1198. adjudged to Ecclesiastical censures, and the seisure of his Temporalties as a Bishop, and also to banish­ment, and a Fine of 5000 Marks by the Tem­poral Lords, as an Officer to the King. Mat. Westm. Anno 1301. p. 419 Walsingham, Hist. Angl p. c. 8. Holinshed. p. 313. Speed. p 667. God­win, p. 260, 261. VValter Langton Bishop of Chester, by King Edward the second his command, was arrested by the Constable of the Tower, and imprison­ed above two years space in several Castles, his Lands and Temporalties seised into the Kings hands, his Goods confiscated and after that compelled to answer to divers hainous Crimes whereof he was accused. Godwins Catalogue, p. 545. Cutbert Scot Bishop of Chester for his disobedience to Queen Elizabeth was committed Prisoner to the Fleet, and displaced.

Malmesb. De Gestis Pontif. Angl p. 231. Godwin, p. 392, 393. Edilred King of M [...]rcia for some just dis­pleasure against Putta Bp. of Rochester, burned [Page 76] his Church and City, and forced him to de­sert his Bishoprick; to which he would never afterwards return. Malmesb. de Gestis Regum Angl. l 2. c. 10. p. 60 Mat. Westm. Anno 983. p. 379. Antiqu. Eccles Brit p. 62. Speed, p. 414. Godw. p. 394. Godwin Bishop of Ro­chester was for many months besieged in his City of Rochester by King Ethelred, for some contempts against this King, who would not raise his Siege upon any intreaty, till the Bi­shop had submitted himself, and likewise paid him an hundred pounds Fine. Halls Chronicle, 25 H 8. s 2 [...]8 Holinshed p 936 937. [...] Cent. [...] Brit. Cent. [...] [...]8 100 Fox Acts and Monuments p. 95. 976 Speed, [...] 9, 1046. Godwin p. 402. Iohn Fisher Bishop of Rochester was grievously que­stioned in Parliament by the House of Com­mons, Anno 25 H. 8. for saying, That all their doings against the Clergy, was for lack of Faith; af­ter which he was indicted and condemned of High Treason, for countenancing the Revelations of Eli­zabeth Barton, and denying to acknowledge the Kings Supremacy over Ecclesiastical Persons and Causes; for which Treason be was executed upon Tower-hill, (though a Bishop, and new-made Cardinal) June 21. 1535. and his Head set up­on London Bridge.

Godwin, p. 539. Edmond de Bromfield the 48th. Bishop of Landaff was for a long time committed Prisoner to the Tower, his Temporalties sei­sed, and Goods confiscated by King Richard the second, for procuring and bringing in the Popes Bulls of Provision, contrary to his own Oath, and the Laws of the Land, to make himself Abbot of Bury.

Godwin, p. 538. Richard Bishop of Bangor, siding against King Iohn his Soveraign, with L [...]olin Prince of VVales, was taken Prisoner by the King in his own Cathedral Church, and put to a ransom of 200. Hawks. Godw p. 538, 539. Roger Young Bi­shop of Bangor was imprisoned two or three years for his disobedience against King Henry the 4th. and confederating with that Rebel Owen Glendor. Trin. 36 H. 8. Coram. Rege, R [...]t. 9 [...] Godwin, p. 540. Arthur Bishop of Bangor was [Page 77] attainted in a Praemunire in the 36. year of King Henry the 8th. for suing for the right of Patronage and Tithes of the Church of Langeyneiin, in his Spiritual Court, which belonged only to the Kings Temporal Courts, for which he was put out of the Kings protection, his Goods confiscated, Temporalties seized, and his Person adjudg­ed to be imprisoned according to the Statute; he sold away 5. fair Bells out of the Steeple of his Cathedral. Godwin p. 360, 361. Giso Bishop of Bath and Wells, had many conflicts with King Herald, who forced him to fly the Realm, and seized his Temporalties all his Reign. Mat. Paris p. 217. Mat. Westm. Anno 1208. Godwin Edit. 2. p. 107, 366. Ioceline Bi­shop of Bath and Wells, joyned with Archbishop Langh­ton and other Bishops, in excommunicating his Sove­raign King Iohn, and interdicting the Kingdom, for which offences his Temporalties were seized, his Goods confiscated, himself forced to fly and banished the Realm for five years space. Halls Chron. 2 R. 2. s. 25. Speed p. 933. Holinshed and Lord Verulam in H. 7. G [...]dwin Edit. 2 p. 377, 378. Robert Stillington Bishop of Bath and Wells, for siding with the bloudy Usur­per Richard the third at whose Coronation he was specially employed, and for yielding assistance to Lambert the Counterfeit Earl of Warwick, and other Treache­ries was publickly accused of High Treason, against King Henry the 7th and also arrested of High Treason in the University of Oxford, whether he fled for Sanctu­ary, imprisoned in the Castle of Windsor till his death Anno 1491. and his Goods and Temporalties seized. Brooks Abridgment Tit. Praemuni­re sect. 21. William Barlow Bishop of Bath and Wells, was attain­ted in a Praemunire, by which his Temporalties and Goods were forfeited to the King. Antiq Eccles. Brit. in Mat. Parker, Mar­tyns History p. 492, &c. God­win p. 311. See the Com­mons and Lords Jour­nals August 4. 1641. Gilbert Bourne the 47. Bishop of Bath and Wells, for denying the Queens Su­premacy, and refusing the Oath of Supremacy and Alle­giance to her, 1 Eliz. was deprived of his Bishoprick.

And to mention no more Presidents in so plain a Case, August 4. 1641. Walter Bishop of Winchester, Robert Bi­shop of Coventry and Lichfield, Godfry Bishop of Glocester, Ioseph Bishop of Exeter, Iohn Bishop of Asaph, George Bishop of Hereford, Matthew Bishop of Ely, William Bishop of Bangor, Robert Bishop of Bristol, Iohn Bishop of Roche­ster, [Page 78] Iohn Bishop of Peterborough, Roger Bishop of Landaffe, and William Bishop of Bath and Wells, were all of them joyntly, and 2. of them particularly, impeached by the Knights, Citizens and Burgesses of the Commons House of Parliament, for several high Crimes and Misdemea­nors, contrary to the Kings Prerogative, the Funda­mental Laws of the Land, the Rights of Parliament, the Property and Liberty of the Subject; and matters tend­ing to sedition, and of dangerous consequence: After which most of them, with the Archbishops of Canterbury and York, were committed Prisoners to the Tower, their Goods and Temporalties sequestred, and sold by sundry Ordinances of Parliament.

If any out of Ignorance or Prejudice, should deem all these proceedings against the Persons and Tempo­ralties of our Archbishops and Bishops from age to age illegal, unjust or sacrilegious, let them peruse the Statutes of 1 E. 3. c. 2. 14 E. 3. c. 3. 25 E. 3. c. 6. 2 R. 2. c. 7. 13 R. 2. Stat. 2. c. 8. 43. 16 R. 2. c. 5. 6 H. 4. c. 7. And the year books of 20 E. 2 Fitz. Corone 237. 16 E. 3. and 14 E. 3. Fitz. Quare non admisit 3, 7, 8, 11 21 E. 3. 3, 30, 60. Book Contempts 5. 19. 22 E. 3. 22, 26. Ass. 19. Brook Forfeiture 82. 106. 29 E. 3. 42. Fitz. Execution 159. 38. Ass. 22. Grant 1. 38 E. 3. 12. 46 E. 3. Praemu­nire 1. 10 H. 4. 6. 14 H. 4. 14. 8 H. 6. 3. 9 E. 4. 28. 27 H. 8. 14. 22 Brook Exigent 3 Stamford l. 2. c. 45. Cook 5. Re­port f. 12, 13. 8. Report f. 68. Cooks 3. Institutes c. 36. 54. Sir Iohn Davis Reports f. 84. the case of Praemunire. Upon perusal of all which it will most evidently appear, that both our Parliaments and Judges have frequently de­clared, resolved, that both their Persons may lawfully be attached, imprisoned, banished, executed, their Temporal­ties seized, and Goods confiscated to the King, for their Offences, Contempts, Rebellions, both by the Common and Statute Laws of England, and therefore by like reason their Lands may be alienated and taken from them for their offences or abuses of them, without sin, sacrilege or injustice, by our Kings and Parliaments, beyond all con­tradiction, [Page 79] as they have been from time to time both by the Emperors of Rome, Greece, Germany, the Kings, and Kingdoms of France, Spain, Hungary, Italy, Denmark, Sweden, Poland, Scotland and Ireland, as well as England.

6ly. That as the Lands and Temporalties of Bishops, Abbots, Cathedrals, by their very first Charters of En­dowments and Foundations, were alwaies lyable to Evidentiae Eccles Christi Cantuar. Col. 2207. to 2230. Ingulphi Hist. 853. &c. Mo­nasticon An­glicanum, & Spelmanni Concilia. these 3. Temporal charges, and Secular services, though dedicated to God and his Church, to wit, Mili­tary Expeditions, and Charges of War, for the de­fence of the King and Kingdom; the building, and re­pairing of Castles and Bridges, (commonly expressed in antient Charters under this exception, Exceptis Expe­ditione, Pontis & Arcis constrictione, vel necessariis defensio­nilus Arcium, quae nulli unquam possint laxari:) So if the Bi­shops and Abbots upon the Kings writs of Summons, re­fused to send in their Proportions of Horse and Armes, according to the Number of the Knights sees they held by, and perform these Services to our Kings in times of War or Danger; or denied to grant competent Aydes and Subsidies to our Kings when demanded, their Tem­poralties, Lands, Goods & Movables, were usually seized into the Kings hands for this Contempt, as is evident by Claus. 4 [...] H. 3. m. 3. 6. Dorso; the presidents of Arch­bishop Winchelsie, and other Bishops forecited p. 52, 53, &c. So our Kings in times of War, have frequently seized upon Archbishops, Bishops and Church-mens Lands, and given them to their Commanders and Souldiers, witnesse the pre­sidents of Evidentiae Eccles. Cant. Col. 1212, 1213, 1214. Spelmani Con­cilia, Tom. 1. p. 318, to 334. King Osfa and Kenulphus of old, who took away sundry Mannors and Lands from the Archbishops of Canterbury, which they partly divided amongst their Captains and Souldiers, and partly retained to them­selves, with other presidents since. And not only so, but the Knights, Citizens, Burgesses, and sundry Lords in successive Parliaments, even in times of Popery, have often pressed our Kings to take away, sell and alie­nate the great superfluous Mannors, Lands, Temporalties, of Bishops, Abbots and Church-men, for easing the [Page 80] Kingdom and people from Taxes, and maintaining of Earls, Nobles, Knights and other Military men, to ayd our Kings in their Wars; and have actually taken away divers Mannors, Lands and Tenements from our Arch­bishops, Bishops and Cathedrals, as well as from Abbots, Priors, Monasteries, and given them to our Kings, or such as they should appoint. The House of Commons in two Walsingham Hist. Angl p. 414, 415,416. Ypodigmal Neust [...]iae p. 166. Antiq. Eccles. Brit. p. 307, 308. Holinshed p. 526. Speed, p. 775. several Parliaments, held in the years of our Lord 1403. and 1404. under King Henry the 4th. when this King wanted and demanded aydes and monies from them to carry on his Wars against the Welch-men at home, and the French, with other Enemies abroad, coun­selled and pressed the King, to seize upon the Lands of the Bishops, Abbots and Spiritualtie, to supply his wants with their Temporalties and Superfluities; Whereupon there grew a great contest in the Parliament, between the Clergy and Laity; the Speaker of the Commons House, and the Knights affirming, That they had often served the King in his Wars, not only with their Goods, but also with their Persons, in very great Dangers and Ieopardies, whiles the Prelates and Spiritualty sate idle at home, and helped the King nothing at all. Whereupon the Bishops and Clergy to preserve their Temporalties from being taken away in these two Parliaments, readily gave the King a Tenth in the first of these Parliaments, and a Tenth and an half in the second. After this the Walsingham Hist. Angl. p. 422. Ypodig­ma Neustrae p. 174. Holin­shed p. 536. Fabian Anno 1410. part. 7. [...]. 386, 387. Knights and Commons in the year 1410. presented this Petition to King Henry the 4th. and the Lords in Parliament. To our Most Excellent Lord the King, and all the Nobles in this present Parliament assembled, all your faithfull Commons humbly demonstrate, and truly affirm, that our Lord the King might have out of the Temporal Possessions, Lands and Tenements, which are occupied, and proudly, leudly and unprofitably spent, consumed and wasted by the Bishops, Abbots and Priors within this Realm, so much in value as would suffice to sustain in food 15. Earles, 1500. Knights, 6200. Esquires, and 102. Hospitals more then now be; Pressing the King and Lords to take away these Tempo­ralties, which they proudly and unprofitably consumed, [Page 81] and to imploy them on other publick uses. But by the subtilty and potency of the Bishops, Abbots and Clergy, from whom the King demanded a Tenth to be annually grant­ed to him during his life, Fabians Ch [...] ­n [...]cle, part 7. p. 30 39 [...]. Halls Chronicle, 2 H. 5. 3 [...],36, &c. Holinshed, p. 545, 547,583. wherein they were ready to gratifie him; they preserved their Temporalties for that present. Yet afterwards the Commons in Parlia­ment, Anno 1414. renewed this their old Petition to King Henry the 5th. and the Lords, to seise upon the Bishops and Abbots Temporalties, shewing how many Earls, Knights and Esquires they would maintain, ex­hibiting a Bill to that purpose. Hereupon the Bishops and Abbots whom it touched very near, much fearing the issue, determined to assay all wayes to put by and overthrow this Bill, minding rather to bow than break, agreeing first to offer the King a great sum of mony to put by his demand; and afterwards intituling the King to sundry Provinces, and the whole Realm of France in this Parliament, and stirring up the King and Nobles to regain the same by force of armes. Towards the re­covering and regaining of which antient Right and Inheri­tance, they granted the King in their Convocation such a sum of mony, as by Spiritual persons never was to any Prince, though the whole Christian world, before these times given and advanced. By which policy and grant they pre­served their Temporalties from being taken away from them by that Parliament. Yet some of their Manors and Temporalties were parted with to the King and Lords to purchase their peace, after every of these Par­liaments. In the Parliament of King Henry the 8th. in the 22d. year of his Reign, there were sundry Halls Chron. 22 H. 8 f 188, 189, &c. Ho­linshed, p. 911, 212 Fox Acts and Monuments, vol. 2. 21 H. 8. c. 4, 5, 13. Bills exhibited in Parliament against the abuses of the Bishops and Clergy, and many hot contests between the Commons and Prelates, who at the last brought them within the compasse of a Praemunire in this Parliament, to the confiscation of all their Goods, Temporalties, and imprisonment of their Persons, for submitting to Cardinal Wolsie his Power legatine from the Pope, contrary to the Laws of the Realm, and the Kings Prerogative. Where­upon [Page 82] upon the Bishops and Clergy of the Province of Canter­bury proferred to give the King the sum of one hundred thousand pounds; and those of the Provinces of York eighteen thousand pounds more, and likewise agreed to give the King the Title of THE SUPREAME HEAD OF THE CHURCH OF ENGLAND NEXT UNDER CHRIST (which they would never do before) to take off the forfeiture of the Praemunire Which the King accepting of, 22 H 8. c. 15. granted all the Bishops and Clergy a Gene­ral Pardon in Parliament, out of which Iohn Archbishop of Dublin, and the Bishop of Hereford, with six more Clergy-men only were excepted; and soon after this Parliament many of the Bishops Temporalties and Ma­nors were granted by them to the King by their spe­cial conveyances, besides others of them leased or granted to Courtiers, great Officers and Favourites, to preserve the remainder of them. In the Parliament of 37 H. 8. c. 16. 37 H. 8. by a special Act of Parliament, printed in our Statutes at large, under a feined pretext of Exchanges, and other Recompences, the Manor of Rippon in York­shire, together with 69. other Manors there named, their members and appurtenances, were alienated and taken away from the Archbishoprick and Archbishop of York, nine Manors, one Castle, with sundry Parks and Rec­tories belonging to the Archbishoprick to Canterbury; the Manors of Chelmesford and Crondon, with the Park of Crondon, and all their Members, Rights and Appurte­nances were alienated and taken quite away from the Archbishops of Canterbury and Bishops of London, and their Successors, and by these Bishops Indentures, and this Act of Parliament setled on the King, his Heirs and Successors for ever, as well against the said Archbishops and Bishop of London, and their respective Successors, as against the respective Deans and Chapters of York, Can­terbury, London, and their Successours, and every of them; any Law, Custom, Statute, or other thing to the contrary hereof, had or made notwithstanding; as in and by the said Act (worthy perusal) is more at large recor­ded. [Page 83] Besides these, the City of Bath, the Manors Mark­ford, Chedder, Chew, Claverton, Compton Dando, Compton Panel, Congesbury, Clanmore, Everchurch, H [...]riton, Kines­ton, L [...]d [...]ord, Pucklechurch, Wellington, Westerleigh, VVat­ton, VVecke, VVile, Yatton, with sundry other Farmes, Tenements, Hundreds and Appropriations, have been alienated by and taken from the Bishoprick of Bath and VVills, the Manors of Sherburn, Sunning, and sundry o­thers from the Bp. of Salisbury; and sundry other Manors Lands, Tenements, Farmes, from the Bishops of VVin­chester, Lincoln, Ely, Chichester, Norwich, Exeter, Here­ford, Coventry and Litchfield, Durham, Carlisle, before and since 37. Henry the 8th. And had not the Statute of 1 Lac. c. 3. restrained the Alienations of Bishops Lands and Revenues, they had long ere this had no Lands or Rents at all to dispose of. In the Parliament of Rasta's A­bridgement of Statutes, Title Durham. 7 E. 6. by a special Act of Parliament the Bishoprick of Dur­ham, with all the Lands and Hereditaments thereof were taken away, and setled in the King, his Heirs and Successors. And no longer since than 21 Iac. c. 30. York-house in the Strand was by special Act of Parlia­ment by way of Exchange taken from the Archbishop of York, and setled on King Iames, his Heirs, Successors and Assigns, and after that on the Duke of Buckingham, upon pretext that it was for the benefit of the Archbi­shops. By all which Acts and Presidents it is most evi­dent, that our Kings, Parliaments and Temporal Lords, may not only seise, sequester the Temporal Lands, Goods, Estates of Bishops and Church-men, in cases of Delinquency and Contumacy, but likewise substract, alienate and sell them to supply the necessities of the King and Kingdom, in times of war and extreme neces­sity without Sacriledge or Impiety; which should cause our present Archbishops, Bishops, and Cathedral­ment to carry themselves with greater Loyalty and Duti­fullnesse towards his Sacred Majesty, with greater hu­mility, sobriety, meeknesse and respect towards the Temporal Lords, Commons and People, than their Pre­decessors [Page 84] have done, and make them very carefull of giving just offence, or provocation to all or any of them, especially at this present juncture of our Eccle­siastical and Civil Officers, in so hopefull a way of fu­ture Settlement, if their pride, avarice, ambition or in­discretion do not interrupt them.

7ly. That Archbishops, Bishops, Deans and Chapters themselves, by their common consent, may lawfully a­lienate, sell, and give away, not only their Lands and Possession, (which were never solemnly consecrated) but even their very consecrated Chalices, Vestments, and Ornaments of their Churches themselves, though more peculiarly consecrated by Episcopal benedicti­ons, more immediately devoted to Gods service, than their Lands and other Temporalties; and that in cases of publick necessity or charity, as to relieve the Poor in time of famine, to redeem Captives, to ransom their lawfull Kings, to support their decayed Patrons and Benefactors, to defend their native Country against invading Enemies, or Christians a­gainst Infidels, to prevent a greater mischief, and for the be­nefit of the Church in general, as sundry [...], 2. [...]an. 5. Ca [...]ha [...] [...]. c. 32. Ca [...]thaginense 5. [...] 4 Agath [...]n. [...] [...]5 Su [...]nes & B [...]nius Con­ [...] T [...]m 1. antient Coun­cils, and the [...]erra [...]us, c. [...] caus. 17. [...]. 4 and the Cl [...]sses thereon, Angelus de Clavasi [...]. Sum­ma Angelica & Pa [...]sta T [...]ou­malasum Ro­sel [...]a, Tit. Alie [...] Iunocen­tius, Parnent [...]n. with others the e cited. Popish Canonists themselves have resolved. Yea by the Popes consent, without any of these Causes, our Archbishops and Bishops might alienate, sell, morgage, give away, and dispose of the Lands belonging to their Bisho­pricks; as the express Dr. B [...]nes his works p 195, 196. Fox Acts and Monu­ments, vol. 2 p. 332. clause in their Oath to the Pope, not to do it without the Popes council and consent, imports. Rudulphi de Diceto, Imagi­nes H [...]stor. col. [...]0. Roger Ho­veden Annal. pars poste [...] p 716, 728. 731, 732. Mat Pa­ris in Ri [...]h 1. An. 1193. When our King Richard the first was most injuriously taken in his return from the Holy Land, and for a whole year and three months space kept Prisoner by the Emperour of Germany, and at last put unto a ransom of one hundred thousand pounds of Silver, after the weight of Colen, Anno 1093 the Kings Collectors being unable to levy so great a masse of moneys; thereupon Majores quidem Ecclesiae thesauros ab antiquis congestos temporibus, Ecclesiae Parochia­les argenteos calices praemiserunt; the Archbishops, Bi­shops, Abbots and Priors of all Conventual Churches gave the fourth part of their annual Rents, and other in­feriour [Page 85] Clergy-men the Tenth of their Tithes; and the Cistercian Monks all their Wools, towards his speedy ransom. Yea the Walsingham Ypodigma p. 48. Chron I [...]hannis Brompton, col. 1250. Higden, l 7. c. 28. Henry de Knyghton, de Event. Angl. l. col. [...]108. See Holinshed. Fa­bian, Grafton, Speed, Daniel, Baker in Ri [...]h. [...] 1. Chronicle of Brompton and others in­form us, that the Kings Collectors wanting monies, after a double exaction of what they could scrape together from all parts, Postrenis ut nulla vacaret occasio ad vasa sacra et utensilia Ecclesiae ventum est; Ieaque per omnem Anglica regni latitudinem sacri Calices exactoribus regiis traduntur, vel paulo infra pondus redimuntur. Vasa etiam alia, Cruces Praelatorum, anu [...] cum auro de Sanctorum fere [...]ris a­bra [...]o sunt conflaia, Nota. Nec erat hoc secundum Patrum decreta illicitum, cum urgen [...]tisimus necessiiatis ar [...]en­lus instaret. Nec ulla erat distin [...]o (in this necessity) Clerici & Laici, secularis & religiosi, rustici & urbani, s [...]à omnes indifferenter juxtà substantiae suae vires vel redditum quantitatem pro redemptione Regia portionem suam solvere cogebantur. Privilegia, Praerogativae, Iunnunitates Ec­clesiarunt tunc silebant penitus et vacabant. Omnis enim dignitas & libertas os suam oppilabat. Cisterciensis quo­que ordinis Monachi, qui ab omni exactione Regie hactenus immunes extiterant, tantò magis tunc onerati suerant, quantò minus antea publici oneris senserant gravitatem. Exa­cti quoque & conctilanam suarum ovium resignarunt. And should not our Bishops and Cathedral men now for and towards his Majesties most glorious redemption, and his three whole Kingdoms ransom from near twelve years exile and captivity, and for the future settlement of our Churches, Kingdoms, in sound and lasting peace, in pursuance of his Majesties most gracious Declarations and Engagements at Breda, and the Generals Parlia­ments Engagements before his happy return into Eng­land, to give competent satisfaction to Purchasers of their Lands, not only part with their antient Treasures, Chalices, Miters, Crosiers, Church Ornaments, Copes, but likewise with their late alienated Temporalties and Revenues for competent terms of years of lives, reser­ving the antient, or an improved rent, rather than vio­late the publick saith, peace of the King, Kingdom, Parli­ament, [Page 86] oppugn his Majesties royal Commands, the Lords, Commons, Parliaments, Souldiers and Peoples desires, by unreasonable demands, or indiscreet, covetous and violent proceedings, against Purchasors and Te­nants, which may indanger if not demerit the forfeiture, reseisure, and new sales of all their Lands and Temporal Revenues in case of obstinacy and dis-satisfaction herein? The rather, because our Bishops by the Laws of England, before the Statute of 1. Iac. c. 3. and other restraining Acts, might with the consent of their Deans and Chapters, not only lawfully lease their Lands for how many years or lives they pleased, but likewise alien and sell the Inheri­tance thereof, or charge them with what Rent-charges they pleased, especially by the Kings consent, ( as the grant of a Rent-charge out of the Glebe of a Parsonage by the Patron or Ordinary in time of vacancy, or of the Parson, Pa­tron and Ordinary joyntly to a Layman, shall bind the Succes­sours in perpetuity) as is evident by the Statutes of 37 H. 8. c. 16. 1 Jac. c. 3. 33 H. 8. c. 31. Littleton, sect. 648. Cooks 1. Institutes, f. 343, 344, 44, 45. and many other Lawbooks. Not to adde many Presidents to those fore­cited in so clear a case, it is registred by Bishop Catalogue of Bishop [...], p [...] 137. Godwin of Iohn V [...]sly Bishop of Exeter in King Edward the 6th. his Reign, That of all the Bishops of the Land he was esteemed the best Courtier, being better liked for his civil Behaviour than his Learning, which in the end tur­ned not so much to his credit, as to the spoyle of his Church, for of twenty two Lordships and Manors which his Predecessors had left unto him, of a goodly yearly Revenue, he left but three, and them also leased out; and where he found 13. Houses and Palaces (too many by 12. for any one Apostolical Bishop) well furnished, he left only one House, bare and unfurnished, yet charged with sundry fees and annu­ities; whereby this Bishoprick, which sometime was account­ed one of the best became in Temporal Lands one of the meanest. If then our Bishops and Cathedral men themselves may thus alienate, sell, charge, exchange their Temporal Lands and Possessions, or lease them out to their Wives, [Page 87] Children, Kindred, Courtiers, Friends, without Sacri­lege or Impiety; No doubt the King, Temporal Lords and Commons in Parliament, may much more alienate, lease, charge them upon any publick necessity, for the Kingdoms ease, peace, settlement, after so many years Wars and Revolutions, without any Sacrilege or In­justice, all circumstances duly considered.

8ly. That the Lands formerly given to Abbies, Priories, Monastries, Templers, Hospitalers, and other Religious Orders, were dedicated to God and the Church, with greater Ceremonies and Solemnities, ratified by more Charters, Confirmations of our Kings and Parliamenta­ry Councils, and by more solemn Anathemaes, Curses, Excommunications, then any Lands setled on Bishops, Deans, Chapters or Cathedrals, as the Charters them­selves yet extant, and our Beda, Ingul­phi Historia, Malmesbury de Gestis Re­gum & Ponti­sicum Angliae, Mat. Paris, Mat. West­minster, Simae­on Dunel­mensis, Radul­fus de Diceto, Thom. Stubs Chronicon Gervasil, Chro­nicon Johannis Brompton, Evidentiae Eccles. Christi Cantuar. spel­manni conci­lia Tom. 1. Monasticon Anglicanum. The Legger Books of most Abbies, Char­tae Antiq. and Patent Rolls in the Tower. Histories resolve beyond dispute: Yet our Kings in all ages before and since the Conquest, have not only seized their Temporalties in times of War, but likewise detained them in their own hands, to their own use, and given them to their Offi­cers, Captains and Souldiers, by way of pay or recom­pence for their salaries, and that both before and since the Conquest, as the Emperors of Germany, and Kings of France, Spain, Hungary, Poland, Denmark, Sweden, Russia, have frequently done, and that of late years too, as well as antiently by the Iesuits perswasion, who affirm it to be lawfull, and Iustas esse causas Monasteriorum fundationes in meliores usu [...] convertendi jam Pontifex, Caesar, Episcopi, Principes judicarunt et verbis et factis, Data sunt Mo­nasteria in Belli sumptus, data multa Episcopis, data ad seminaria, data Parochiis, as Alphonsus de Vargas, Relatio de Stratagem, Iesuiticum, c. 49. relates their words, which he amplifies from c. 43, to 54. I shall instance only in some few Domestick presidents.

Beored King of the Mercians, in the years of Christ 870. and 871, when the invading barbarous Danes, plundered, sacked, burnt sundry Monasteries, and the Mannors be­longing to them, putting the Monks and Abbots they [Page 88] met with to the Sword, as well as others, without dis­crimination, seized upon divers Monasteries and their Lands, retaining most of them in his own hands, and giving the residue of them to his Commanders and Souldiers, for the better maintenance of his Wars and Forces against the Danes, for defence of the Kingdom and People, against their invasions, thus recorded by Historia Francosurri 1601. p. 86 [...], 869, 878, 879. Ingulphus Abbot of Croyland. B [...]orredus autem Rex Merciorum hoc intermedio cum Britonibus occupatus, qui crebris eruptionibus Occidentalem partem Regni sui Merciae inquietabant, audiensque, Danos plagam ejus Orientalem plaga miserabili percussisse, venit Londoni­as: & contracto maximo exercitu, pertransiens per Regni sui plagas Orientales, totam Heliensem insulam fisco suo applicavit: procedensque in patriam Girniorum omnes terras de Medeshamstedensi monasterio in manum suam cepit, scilicet quicquid inter Stanford, Hunting­don, & Wischect dicto monasterio dudum pertinuerat; remotiores vero terras sparsim per patriam jacentes sti­pendiariis militibus exercitus sui assignavit: id secit de terris monasterii S. Pegae de al. peiki [...]k. Reifir [...], quasdam sibi reti­nuit, quasdam militibus suis dedit: id fecit etiam de terris monasterii Gutblaci de Croyland, quasdam stipen­diariis militibus distribuit, quasdam sibi confiscavit. Et licet venerabilis pater Godri [...]us saepius repetendo penes Regem & Ministros suos multos sudores consumeret, & chartas donatorum, Regumque confirmationes una cum suo proprio chirographo saepissime offenderet: nihil semper nisi vacua verba reportans, demum de negotii sui proposito penitus desperabat. Cernens itaque maliti­am temporis nimiam, & al militiam. malitiam Regis terrarum cupidissimam, statuit tandem secum hujusmodi Regias donationes surdo tempore petransire, ac usque mel [...]ora tempora succederent, deinceps sub silentio dissimulare; laetus nimium, & exultans, quod totam circumjacen­tem insulam liberam, & ab omni exactione Regali abso­lutam multum specialius sibi, quam multis aliis mona­steriis tunc contigerat, Regia gratia concessisset. Re­cesserunt [Page 89] ergo illo tempore de dicto monasterio Croy­land, & usque ad praesentem diem non redierunt illae possessiones: scilicet manerium de Spalding, datum Adelwulpho Comiti, cum omnibus pertinentiis suis; ma­nerium de Deping, datum Langfero militi, & panetario Reg cum omnibus pertinentiis suis; manerium de Crox [...]on, datum F [...]rnodo militi, & vexillario Regis, cum omnibus pertinentiis suis; manerium de Kirsoton & Kunerby in Lindefie, cum omnibus pertinentiis datum Comiti Turgoto. Bufenha [...]e vero, & Halington tunc fisco appropriata, postea per industriam Domini Turke­tuli Abbatis Croyland, & donationem piissimi Regis al Edredi. Edrad restauratoris dicto monasterio fuerant restituta. Similiter omnes caeterae teriae aliquando Croylandiae pertinentes, quas Rex B [...]orredus cisco suo assumpserat, sci­licet, Quarpelade, Su [...]turton, Langtoft, Baston, Re­pingale, Nirfby, Draiton, Chirning, Glaphtorn, A­dington, Standon, & Badby, per gratiam inclyti Regis Edredi, & diligentiam Abbatis Turketuli Croylandiae (who redeemed them with very great sums of money, whith he mentions p. 878, 879.) reddebantur. Transi­ens tunc Rex B [...]orredus cum sito exercitu in Lyndes [...]e, latissimas terras monasterio de Bardney dudum perti­nentes fisco suo accepit; al. remotas. immotas vero, & in diversis patriis al. iacentes div [...]sim. divisas jacentes, militibus suis dedit.

Besides, the same Historia p. 895, 896. Ingulphus records, that in the 6. year of King Edward the Confessor, (though a great Pa­tron of Abbots, Monks and Monasteries) Anno Dom. 1048. Wulgat Abbot of Pegeland, by sundry sutes in the Kings Courts of Justice, not only lost the site of his Mo­nastery, but after that, all the Mannors and Lands for­merly given thereunto, after the Abbot of Burge hath recovered the former site of the Monastery, and enfor­ced him to rebuild the Abby in another place. Illo in tempore venerabilis pater Dominus Wulgatus Abbas Pe­gelandiae diutissimam calumniam passus ab Abbatibus Burgi Elfino, A [...]wino & Leofrico, Abbatiae suae sedem a­mittens tandem succubuit, & (proh nesas) totum situm [Page 90] monasterii sui judicio regalis curiae perdidit. Tantum tunc potuit super justitiam pecunia, contra veritatem versutia, & in curia Regis Hardecnuti Comitis Godwini potentia. Cumque praedictus Abbas Wulgatus amisso situ monasterii sui, juxta proximi fluvii crepidine [...] Weland nomine, in suo manerio magis vicino de Nor­thamburgt fundamenta novi monasterii jecisset, & illuc Abbatiam suam transferre disponeret, Ecclesiamque ac dormitorium cum caeteris claustralibus officinis, adjutus multorum fidelium Eleemosyuls reaedificare non segni­ter insudaret, Fernotus miles, & Dominus de Bosworth dictum manerium de Northburt datum fuisse de proge­nitoribus ejus monasterio sanctae Pegae, & monachis ibi­dem Deo servientibus ex Abbatis propriis chirographis patenter ostendit. Unde consequenter allegavit, quod cum Deo & sanctae Pegae Abbas Wulgatus & monachi sui à modo ibidem non servirent, dictum manerium à modo non haberent. Acceptatum est hoc à Regis justitiario, & confestim adjudicatum est dictum manerium de Northburt cum omnibus suis pertinentiis praedicto mi­liti Fernoto, & tanquam jus suum haereditarium, de mo­nachis Ecclesiae sanctae Pegae alienatum perpetuò & sub­latum. Quod cum per universum Regnum citius fu­isset cognitum, scilicet Abbatem de Peikirk prius ami­sisse monasterium suum, & consequenter manerium ad monasterium quondam pertinens; similiter Edmerus miles & Dominus de Holbrok calumniam movit contra eundem Abbatem & monachos suos de manerio suo de Makley; & Horsingus de Wathe calumniatus est & pro manerio suo de Badington; & Siwardus Comes de ma­nerio suo de Bernack; & Hugolonus thesaurarius de manerio de Helieston; & alii plures de aliis maneriis dicto monasterio dudum pertinentibus; & omnes eadem ratione in dicta causa contra monachos obtinuerunt; & tam de maneriis, quam de monasterio suo dictus Abbas de Peikirk & monachi sui nequiter ac crudeliter ejecti sunt: ut nunquam alicui veniat damnum solum. Cum itaque Abbas Wulgatus & conventus suus, monachi sci­licet [Page 91] 18. sic de monasterio destituti vagabundi & in pro­ximo dispergendi in omnem ventum pro extrema mise­ria fluctuarent: misertus eorum piissimus rex Edwardus omnes in suam curiam suscepit, & usquequo eis provi­deret,, suam capellam, ac aulam quotidie frequentare imperavit. If then Lands formerly dedicated to God and Monasterial Churches, may thus be taken away and recovered from them by Law, without sacriledge or in­justice; they may by like reason upon most occasions be alienated and taken from them by the King, Parliament, and Temporal Lords.

De Nugis Cu­rialium. Gualther Mapes, and In his Britan­nia Glocester­shire, p. 177, 1 [...]8. See Iohn Bale his Acts of English Vo [...] ­ries. Mr. Cambden out of him in­form us, that in King Edward the Confessors reign, Godwin Earl of Kent having a design to gain the Manor of Bark­ley in Gloucester-shire to himself, belonging to a Nunnery there situated where the Castle now stands, passing by the Nonnery, left his Nephew, a very beautifull and elegant young man in the Nunnery, who lodged therein so long under pretext of sickness, that with his costly Gifts, Beau­ty and Courtship, he so far corrupted the chastity of the Abbesse and Nuns, (who attended him by turns) that he begat and left them all great with childe, and turned these lambs into Wolves. After which posting thence to Earl God­win, and acquainting him therewith; he thereupon infor­ming the King that the Abbesse and all the Nuns were pr [...] ­stituted Strumpets, and great with Childe; the King issued a Commission to enquire thereof, and finding it to be true, the Nuns were cast out, and the Manor given to Earl Godwin, who begged it of the King, from whom it came to the Barons of Barkly, who have enjoyed it as the Head of their Barony for any Generations, without any Sa­criledge or Impiety. By the Common law of England our Kings in all Ages by their Prerogative Royal in times of war, danger, and upon sundry other occasions have seised the Lands, Benefices, Rents, Revenues, Monies, Goods of Priors, Abbots, Monks, and other Ecclesiastical Persons, who were aliens to their own uses, without Sacriledge or Impiety; as is evident by the Fine Rolls of 23 E. 1. m. 1, 2. claus. 23 E. 1. dors. 4. cl. 24 E. 1. m. 11. claus. 25 E. [Page 92] 1. dors. 12, 20, 22. claus. 20 E. 2. dors. 9. Rot. Fin. 20 E. 2. m. 9. Rot. Fin. 14 E. 3. m. 11, 12, 18, 19, 20, &c. cl. 15 l [...]. 3. pars 3. dors. 6. Rot Fin. 16 E. 3. m. 26. cl. 19 E. 3. pars 1. m. 17. Rot. Fin. [...]3 E. 3. m. 26. and sundry other [...] and Cla [...]s [...] Roll, in t [...] Tower, [...]y sundry [...] Parliament l [...]o [...]ls, and our [...] l [...]w [...]ooks too. And upon the Commons Petition in the Parliament of 2. H. 4. [...] the Prior aliens Lands we [...]e not only [...]ei [...]ed into the Kings hands, but likewise sold and ahea [...]red into Lay-mens hands, to maintain the wars against the French and Welshmen.

To pre [...]e [...]mit all particular seisu [...]es, alienations, sale, substractions of Abbots, Priors, Monasteries, and Religions Persons Lands, mentioned in our Histories and Record, the respective Parliaments of 27 H. 8. 31 H. 8. c. 1 [...]. 37 H. 8. c. [...]1 E. c. 14 by several Acts (collected by Rastall, Title, Monasteryes) upon Mr. Fish his supplication of Beggars, several Petitions and Complaints of the Com­mons, and Inquisition taken upon oath, and returned in­to the Exchequer of the Sodomitical, adulterous, incon­tinent, vitious lives of Abbots, Monks, Nuns, and other religious Persons, remaining on Record in the Exche­quer, published at large by Iohn Speed in his History, Weaver, and [...] others, totally suppressed all Monaste­ries, Prio [...]ies, Nunneries, Cells, and other religious Houses, and setled the inheritance of all their Lands, Rents, Revenues, Possessions whatsoever in the Crown of Eng­land, and that without any sacriledge, impiety or in­justice; never since resumed, nor ever likely to be resto­red to them in succeeding Ages, being for the most part alienated, sold and distributed by our Kings into the hands of the Nobility, Gentry, Commonalty and Corpo­ration, of the Kingdom; See I [...]hn Bale his Acts of Eng­lish [...]otaries. and into the hands of all or most of the Archbishops, Bishops Deans, Chapters, Prebends, Colleges in England & Ireland; who repute it neither Sin, nor Sacriledge in themselves to receive, detain, enjoy these Monastical Lands and Possessions; out of whose spoyle; the Bishopricks Deans and Chapters of Glocester, Ch [...]t [...]r, Oxford, Peterborough, and Westminster it self were [Page 93] first erected by Parliaments and Statutes of 31 H. 8. c. 15.33 H. 8. c. 31, 34, & 35 H 8. c. 12, 15, 17. and the Letters Patents of King Henry the eight, See the Pa­tent Rolls of 3 [...] & 34, & 35, & 36 H 8. under his Great Seal, transla­ting the Conventual Churches of Bristol, Glocester, Ox­ford, Peterborough, and VVestminster into Cathedral Chur­ches, and Sees of Bishops, and the Abbots, Priors, Covents of these Churches into Bishops, Deans, Chapters, limiting the bounds of their Diocesse, (taken out of other anti­ent Bishopricks) and granting them all their Episcopal and Ecclesiastical Jurisdiction, as derived only from our Kings, the Supream heads of the Church of England under Christ, and to be exercised only in their Names, Stiles, Rights, steeds by these Bishops and their Officers, as the Statutes of 26 H. 8. c. 1. 37 H. 8. c. 16, 17. 1 Edw. 6. c. 2. 1 Eliz. c. 1. 5 Eliz. c. 1. 8 Eliz. c. 1. and their very Pa­tents resolve us; not by any real, or adherent Divine E­piscopal Jurisdiction derived to them immediately from Christ himself. If then it were neither Sac [...]iledge, Impiety, nor Injustice in these Parliaments and our Kings, to take away, sell, alienate these Lands and Revenue, of Priors, Monks, Monasteries, and divert them from their primitive uses, as our Bishops, Dean, and Chap­ters must grant as well as others; or else renounce resign most of the Temporalties, Rents, Appropriations and Revenue, they now enjoy, originally belonging to Mo­nasteries; then by the self-same reason, it can be no Sacri­ledge, impiety or injustice, for the King, Lords, Com­mons and Parliament upon the like grounds and conside­rations to take away, sell, alienate the temporal Land, of Bishops, Deans and Chapters, if they offend, or obstinately refuse to give the late Purchasers of them competent satisfaction, for the Kingdoms Peace and Tranqui­lity, upon their commands and votes.

9ly. That is evident by our Beda, [...]gul­phus, Mat. Westminster, Mat. Paris. Si­meon Dunelm. Thomas Stubs, Gervan [...]us Dorobernensts, Ricardus Hagustaldensis. Spelmanni Concil. Tom. 1. Monasticon Anglicanum, Antiqu. Eccles. Brit. Godw. Catalogue of Bishops, [...]v [...] ­dentiae Ecclesiae Christi Cantuar. Chartae Antiquae, and the Patents Rolls in the Tower. Histories, Records, [Page 94] Leager-books, that all or most of the Manors, Lands, Te­nements in England and Wales, now in the possession of the King, Queen, Nobility, Gentry, and Commons of England, have heretofore in some Age or other been so­lemnly consecrated, devoted, and given by their Ance­stors to some Cathedral, or Collegiate Church, Abby, P [...]io [...]y, Nunnery, Cell, religious House or other, or else Magna Char­ [...]n, c. 3 [...]. 7 E. 1. Rasta [...] M [...]rt main 2. 15 R. 2. c. [...]. See Brook and [...], Tit. Mat main, & Abby [...] by art, fraud, monyes vested in and setled on them in perpetuity as the Churches Patrimony; Yet notwithstand­ing they have been alienated, substracted or taken who­ly from them in successive Ages, and the inheritances of them setled in our Kings, Nobles, Gentry and Yeoman­ry, without any scruple of Consciences, or real or im­ported guilt of Sacriledge. From whence it inevitably followeth, See Rastals A­ [...]idgement Tit. Monasteries, 3 [...] H. 8. c. 16. That is the greatest part of all the Temporal­ties, Lands and Revenues which our Archbishops, Bishops, Deans, Chapters, Prebends, Abbots, Priors, Monks, Templars, Hospitallers, and other Ecclesiastical or religious persons, formerly enjoyed by as good right, title, in Law, Consci­ence, as those now or any of them yet enjoy them, might be lawfully alienated, or justly taken from them by our Kings, Parliaments, and Temporal Lords, and may be still detained from them by the Purchasers of them, their Heirs or Assigns, without Sacriledge, Impiety, or Injustice; Then by the self same reason, the Lands and Temporalties they lately possessed or yet possess, may upon any publick necessity or just occasion be alienated, sold and taken from them by our Kings, Parliaments, Lords and Common, without the guilt of Sacriledge or Impiety; so as there be a competent maintenance left for the Evangelical Ministers, Bishops and Pastors of Parochial Churches, for the instruction, edification and salvation of the Peoples souls committed to their charge; There being the self-same Is it be a real Sacriledge to ali­enate any Lands or Houses for­merly dedicated to religious, idolatrous or super­stitious uses, as Prel [...]tical Clergy men assert, then [...]ll such Lands ought to be resto­red to their primative uses, or else none at all. reason of Sacriledge, and no Sacrilege, in alienating, substracting, selling, detai­ning the major part of their Lands & temporalties as of the Minor: Or else if it be real Sacriledge to alienate, sell, detain any parcels of Lands or Temporalties, formerly [Page 95] given by our antient Parliaments to others, or vested in the Church or Church-men; then all our Kings, Par­liaments, Nobles, Commons, must be actually guilty of these sins; and as far forth obliged in Justice, Conscience, to make full restitution of all Church-lands whatsoe­ver, formerly alienated or substracted, as the late Pur­chasers of Bishops and Cathedral Lands, and then the whole Kingdom, or farre greatest part thereof, must henceforth become the Churches and Church­mens Patrimony, and our Kings, Nobles, Gentry, Com­monalty of all degrees, their mere Homagers, Vassals, Farmers, and Tenants at sufferance; the antiquity of former alienations, sales of Church-lands by our Ance­stors, if Sacrilegious and Impious, rather aggravating, than extenuating the Crime; but no wayes justifying the Legality thereof; it being a Maxime in our Law, Regulae juris. Quod ab initio non valet, tractu temporis non convalescit, and a Principle in Divinity, that the 1 Cor. 5. 7, 8. Col. 3. 9. 1. Pet. 1. 18. older any sin is, and the longer persevered in, the more execrable, and fit to be repented, redressed: and that Alexander Alensis Sum. Theol. pars 4. quaest. 24. Sum­ma Angelica, & summa Rosella, Tit. Restitutio. Heirs, Assignees, and Suc­cessors are obliged to make restitution of sacrilegious Ra­pines as well as the immediate Authors of them.

10ly. That the Dispensation and Indulgence of Pope Iulius the 3d. himself, Cardinal Pole Archbishop of Can­terbury his Legate, upon the Petition of all the Bishops and Clergy of England, though Papists, and the memo­rable Act of the whole Parliament of 1, & 2 Philip & Mary, c. 8. reciting them, and confirming all alienations, seisures, sales of the Lands, Manors, Rents, Revenues, Goods, as well of Archbishops, Bishops, Deans, Chapters, Prebends, Cathedrals, as of Abbots, Priors, Monks, and other Religious Persons and Monasteries, made by our Kings, or Parliaments to the Crown, and the Purcha­sers of all and every of them, and their Heirs, from the twentyeth year of King Henry the 8th. till the first of Queen Mary, during their revolt and pretended scisme from the Church of Rome, and of all Ordinations, Presentations, Ecclesiastical Sentences and Proceedings, [Page 96] for the publick peace, benefit, tranquility of the Church and Realm of England, and satisfaction of Purchasors, may for ever silence our Prelates and Cathedral mens loud cryes against the sacriledge of the late Sellers and Buyers of Bishops and other Cathedral mens Lands, and enduce them to give the Purchasors of them full satisfa­ction by confirming their sales for a competent time. For which end I shall transcribe so much of that memorable Act as concerns our present case and condition.

1 & 2 Phil. & Mary, ch 8.We the Lords Spiritual and Temporal, and the Commons in this present Parliament assembled, repre­senting the whole body of this Realm, reduced re­ceived by your Majesties intercession to the unity of Christs Church, and the obedience of the Sea Apo­like of Rome, and the Popes holyness governing the same, make most humble suite unto your Majesties, to be like­wise means and intercessours, that all occassions of con­tention, hatred, grudge, suspition and trouble, both outwardly and inwardly in mens Consciences, which might arise amongst us, by reason of disobedience, may by authority of the Popes holyness, and by ministrati­on of the same unto us, by the most reverend Father in God the Lord Cardinal Poole, by dispensation, tolerati­on, or permission respectively, as the case shall require, be abolished and taken away, and by authoritie sufficient these Articles following, and generally all others, when any occasion shall so require, may be provided for, and confirmed.

First, that all Bishopricks, Cathedral Churches, Hos­pitals, Colleges, Schools, and other such foundations now continuing, made by authority of Parliament, or otherwise established, according to the order of the Laws of this Realm, sithens this scisme, may be confirmed and continued for ever.

Item that mariages made infra gradus prohibitos consan­guinitatis, affinitatis, cognationis spiritualis, or which might be made void propter impedimentum publicae bone­statis, [Page 97] justitiae, or for any other cause, prohibited by the Canons, only may be confirmed, and children born of those mariages declared legittimate, so as those mariages were made, according to the Laws of the Realm for the time being, and be not directly against the laws of God, nor in such case, as the Sea Apostolike hath not used to dispence withall.

That institutions of Benefices, and other promotions ecclesiastical and dispensations, made according to the form of the Act of Parliament, may be likewise confir­med.

That all judicial Processes, made before any Ordi­naries of this Realm, or before any Delegates upon any Appeals, according to the order of the Laws of the Realm, may be likewise ratified and confirmed.

And finally where certain Acts and Statutes have been made in the time of the late scisme, concerning the lands, and hereditaments of Archbishopricks, and Bi­shopricks, the suppression, and dissolution of Monaste­ries, Abbyes, Priories, Chauntries, Colleges, and all o­ther the Goods and Cattels of religious Houses. Since the which time, the right and dominion of certain Lands, and hereditaments, goods and cattels 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 order of the Laws and Statutes of this Realm, for the time being have the same. For the avoiding of all scruples that might grow by any the occasions afore­said, or by any other wayes or means whatsoever: It may please your Majesties, to be Intercessours Me­diatours to the said most reverend Fathers, Cardinal Pole, that all such Causes and Quarrels as by pretence of the said scisme, or by any other occasion, or mean what­soever, might be moved by the Popes holynesse, or Sea Apostolike, or by any other Jurisdiction Ecclesiastical, may be utterly removed aud taken away, so as all persons having sufficient conveyance of the said Lands, and here­ditaments, [Page 98] Goods and Cattels, as is aforesaid, by the Common Laws, Acts or Statutes of this Realm, may without scruple of Conscience enjoy them without im­peachment or trouble, Nota. by pretence of any general Coun­cel, Canons or Ecclesiastical Laws, and clear from all dangers of the censures of the Church.

And conformable hereunto, the Bishops and Clergy of the Province of Canterbury have presented to your Majesties a supplication in this tenour that followeth.

The Suppli­cation of the Clergy. Nos Episcopi & Clerus Cantuariensis provinciae in hac Sy­nodo more nostro solito, dum Regni Parliamentum celebratur, congregati, cum omni debita humilitate & reverentia, expo­nimus Majestatibus vestris, quòd licet Ecclesiarum, qui­bus in Episcopos, Decanos, Archidiaconos, rectores, & vi­carios praefecti sumus, & animarum, quae nobis & curae nostrae subjectae sunt, & earundem bonorum jurisdictionum, & jurium, ex sacrorum Canonum dispositione, defensores et curatores con­stituti sumus, et propterea ipsarum bona, jurisdictiones, et jura in pernicioso hujus Regni praeterito scismate deperdita et amis­sa, omni studio, & totis nostris viribus, recuperare, & ad pristi­num Ecclesiarum jus revocare, juris remediis niti deberemus: Nichilominus tamen habito prius per nos super hac re maturo Consilio, Nota. & deliberatione ingenuè fatemur, nos optimè cognosce­re, quàm haec bonorum Ecclesiasticorum difficilis, & quasi im­possibilis esset recuperatio propter multiplices, ac pene inextrica­biles super his habitos contractus, & dispositiones, & quòd si ea tentaretur, quies & tranquillitas Regni facilê perturbare­tur, & vnitas Ecclesiae Catholicae, quae jam pietate, & auctho­ritate Majestatum vestrarum hoc in Regno introducta est, cum maxima difficultate suum debitum progressum; & finem sortiri non posset. Nota. Ideo nos bonum & quietem publicam privatis comme­ditatibus, & salutem tot animarum praecioso Christi sanguine redemptarum terrenis bonis anteponentes, & non quae nostra, sed quae Iesu Christi sunt quaerentes, Majestates vestras enixè rogamus, eisque humiliter supplicamus, ut reverendissimo in Christo patri, Domino Reginaldo Cardinali Polo, ad ipsas & universum hoc Angliae regnum sanctissimi Domini nostri, [Page 99] Domini Iulii, Papae tertii, & Apostolicae sedis de latere lega­to, haec nomine nostro insinuare, & apud eum intercedere dig­nentur, ut in hiis bonis Ecclesiasticis in parte, vel in toto arbi­trio suo juxta facultates sibi ab eodem sanctissimo Domini ne­stro Papa concessas, eorundem bonorum detentoribus clargien­dis et relaxandis publicum bonum privato; Nota. pacem & tranquilli­tatem dissidiis, & perturbationibus, atque animarum salu­tem bonis terrenis prae [...]erre, & anteponere velit, Nos enim in omnibus quae ab ipso legato statuta, & ordinata circa haec bona fuerint, exnune, prout extune, & econtra consensum no­strum praestamus, Nota. imo etiam ut in praemissis se difficilem aut restrictum reddere non velit, Majestates vestrae nostro nomine cum hortari, & rogare dignabuntur.

Forasmuch as the said most Reverend Father the Lord Legate, at the intercession of your Majesties, hath by the authoritie of the Sea Apostolike, suffici­ently dispensed in the matters specified in the said se­veral Supplications, as in his said Letters of Dispen­sation is contained more at large. The tenour whereof ensueth.

Reginaldus miseratione divina Sanctae Mariae in Cosmodin Sanctae Romanae Ecclesiae Diaconus Cardinalis Polus nun­cupatus, The Dispen­sation of the Cardinal. ad Serenissimos Philippum & Mariam, Angliae Reges, fidei defensores, & universum Angliae regnum, San­ctissimi Domini nostri Papae, & sedis Apostolicae de latere legatus, eisdem Serenissimis Philippo & Mariae Regibus salu­tem in Domino sempiternam. Cùm supremum Consilium istius regni Parliamentum nuncupatum Majestatibus vestris, per suos supplices libellos exposuisset, quòd perniciocissimo scismate, in hoc regno aliàs vigente, quod nunc dei mis [...] ­ricordia, & Majestatum vestrarum pictate extinctum est, aucthoritatem ipsius Parliamenti, nonnulli Episcopatus di­visi, & ex his aliquae inferiores Ecclesiae, in Cathedrales e­rectae, & scholae, atque hospitalia fundata, necnon plurimae dispensationes & beneficiorum provisiones sactae fuerunt, ac multae personae quibus persuasum suerat, Iuris Canonici dispositiones, hoc in Regno amplius locum non habore: inter se in gradi [...]us consunguinitatis vel [Page 100] assinitatis de jure prohibitis, & aliis impedimentis Canonicis f [...]i obstantibus watrimonia, per verba de praesentii contraxe­runt, & multi actus judiciarii, & processus, ram in primis, quam vlteriori us instantiis super rebus spi [...]itualitus, & Eccle­siasticis coram Iudicibus tam Ordinariis quam delegatis, qui authoritate laicali procedebant, habiti & servati, ad super eis etiam sententiae [...]atae, & promulgatae fuerunt, & bona Ecclesia­stica per deversas einsdem regui personas occupata, & appre­hensa fuerunt. Quae quidem licet ex sacrorum Canonum institutis irrita declarari possent, tamensi ad alium statum, quam in quo nune sent, revocarentur, publica pax, & quies universi regni turbaretur, & maxima confusio oriretur, prae­sertim si dictorum honorum possessores molestarentur, & propte­ria majestatibus vestris humiliter supplicaverint, ut apud nos intercedere dignentur, at premissarum rerum firmitati, & stabilitati, & simul hujus reqni quieti, et tranquilitati de be­nignitate Apostolica providere velimus. Cumque Episcopi quoque deinde, ac reliq [...]us provinciae Canterburiensis Clerus totum sere corpus Ecclesiasticum regui representans, ad quos haec bonorum Ecclesiasticorum causa maxime pertinet, exposite­rint, quod haec bona ad jus ecclesiarum re vocare non pessunt, cum pax universalis, et avies hujus regni turbetur, et causa fidei atque unitatis Ecclesiae, jam toto omnium consensu hoc in regno introducta, in maximum periculum adducatur, et prop­terea ipsi quoque supplicaverint, ut apud nos intercedere velint, ut in his bonis Ecclesiasticis possissorilus relaxandus restrictier difficiles esse nollemus, majestates autem vestrae, ad quas maxi­me spectat providere, ut regnum ipsarum potestati, regimini et curae commissum in pace et tranquillitate conservetur. His supplicationibus et postulatis cognitis et mature consideratis, judicaverint ea omnia, et maxime illa, quae in bonorum Ec­clesiasticorum causa petuntur, pro causa fidei et pro pace publi­ca, per nos debere sine ulla dilatione concedi, et quemadmodum rogatae suerunt, apud nos intercedere dignatae fuerint, prout in supplicationibus per idem supremum consilium, et Episcopos ac clerum praelatum majestatibus vestris porreois, atque in li­bello intercessi nis per easdem majestates vestras nobis simul cum aliis supplicationibus exhibito, latius apparet. Ideirco nos [Page 101] qui ad majestates vestras, et hoc nobilissimum vestrum regnum à Sanctissimo Domino nostro Iulio Papa tertio ipsius et sedis Apostolicae de latere legati missi sumus, ut regnum istud, quod jam diu ab Ecclisiae Catholicae unitate separatum fuerat, Deo et Ecclisiae Christi, ejusque in terris vicario re­reconciliaremus: et ut ea omnia quae ad pacemet tranquillita­tem hujus regni pertinerent, omni studio procuraremus, post­quam dei benignitate, et majestat [...]m v [...]strarum pietate, per authoritatem ejusdem Sanctissimi Domini nostri Papae, cujus vices hic sustin [...]mus, reconciliatio jam facta est, ut paci et tran­quillitati regni praesati consulamus, atque utunitas Ecclesiae, ex qua salus tot animarum praecioso Christi sanguine redemp­tarum dependet, hoc in regno jam introducta corroboraretur, et salva permaneat, cùm utrinsque rei stabilitatem in eo maxi­mo consistere, si borum Ecclesiasticorum bonorum poss [...]ssoribus molestia nulla inferatur quo nimus ea teneant, tot et tam gra­via testimonia nobis fidem faciant, et majestatum vestrarum intercessio, quae pro unitate Ecclesiae, et sedis Apostolicae au­cthoritate hoc in regno instauranda tam studiosè, & tam piè elaborarunt, eam quam par est aucihoritatem apud nos habeat, & ut universum hoc regnum sedis Apostolicae maternam verè indulgentiam, & charitatem erga se agnoscat, & re ipsa ex­periatur: quoscunque ad quos infra scripta pertinent, [...] quibusvis excommunicationis, suspensionis, et inter dicti, aliisque Ecclesiasticis sententiis, censuris, & poenis à jure, vel ab ho­mine quavis occasione vel causa latis, si quibus quomod [...]libet innodati existunt, ad effectum praesentium dumtaxat con­sequendum harum serie absolventes, & absolutos sore consen­tes, aucthoritate Apostolica, per litteras Sanctissimi domini nostri D. Iulii Papae tertii nobis concessa, & qua fungimur in hac parte, tenore praesentium dispensamus: Cathedral Churches, Ho­spitals and Schools. quòd omnes & singulae Cathedralium Ecclesiarum erectiones, hospitalium, et schola­rum fundationes tempore praeleriti scismatis, licet de facto et nulliter attentatae in eo statu, in quo nunc sunt, perpetus firmae et stabiles permaneant, illisque Apostolicae firmitatis robur adjicimus, it a ut non ea aucthoritate, qua prius, sedea, quam nunc eis tribuimus, fact [...] ab omnibus censcantur, et cum omni­bus et singulis personis regnipraedicti, quae in aliquo consun­guinita [Page 102] vel affinit atis `gradu etiam multiplici, vel cogna­tionis spiritualie, Mariages and Children. sen publicae honestatis justitiae impedimento de jure positivo introductis, & in quibus sanctissimus Dominus noster Papa dispensare consuevit, matrimonia scienter vel igno­ranter de sacto contraxerint, ut aliqua impedimentorum prae­m [...]ssorum, non obstante corū matrimoniis sic contractis, libere, & licite remanere, seu illa de novo contrahere possint, miseri­corditer in Domino dispensamus, prolem susceptam, suscipien­dam legitimam, provisio. decernentes; ita tamen ut qui scienter & malitiose contraxerint, à sententia excommunicationis, & ab incestus sue Such maria­ges defined Sacrilege by this Cardinal. sacrilegii reatu, absolutionem a suo ordinario, vel curato, quibus id faci [...]n [...]i facultatem concedimus, obtineant, ac omnes Ecclesiasticas seculares, seu quorumvis ordinum re­gulares personas quae aliquas impetrationes, dispensationes, concessiones, gratias, & indulta, tam Ordines quàm beneficia Ecclesiastica, Dispensation; and privileges. seu alias spirituales materias praetensa aucthori­tate supremitatis Ecclesiae Anglicanae, licet nulliter, & de facto obtinuerint, & ad cor reversae Ecclesiae unitati restitutae fuerint, in suis Ordinibus, & beneficiis per nos ipsos, seu à nobis ad id deputatos misericorditer recipiemus, prout jam multae re­ceptae fuerunt, secumque super his opportunè in Domino dispen­savimus. Ac omnes processus in quibusvis instantiis coram quibusvis judicibus, Proces judi­cial. tam ordinariis quàm delegatis, etiam laicis super materiis spiritualibus habitos & formatos, et sententias super eis latas, licet nulliter et de facto, quoad nullitatem ex defectu jurisdictionis praefato tantum insurgentem sanamus, illosque et illas aucthoritate Apostolica confirmamus. Ac qui­busvis hujus regni personis, ad quarum manus bona Ecclesi­astica ex quocunque contractu seu titulo oneroso vel lucrativo jam devenerint, Possessors of Church-goods. illaque tenuerint, seu etiam teneant, omnes et quoscunque fructus ex eisdem bonis, licet indebitè perceptos, in totum remittimus et relaxamus: Volentes ac decernentes, quòd dictorum bonorum Ecclesiasticorum tam mobilum quàm immobilium possessores praesati non possint in praesenti, nee in posterum, seu per Conciliorum generalium, vel provincialium dispositiones, seu decretales Romanorum pontifioum Epistolas, seu aliam quamounque censuram Ecclesiasticam in dictis bonis, seu corundem possessione molestari, inquietari, vel perturbari, [Page 103] nec eis aliquae censurae vel poenae Ecclesiasticae propter hujusmodi detentionem, seu non restitutionem irrogari vel infligi, & sic per quoscunque judices & auditores sublata eis, qua suis aliter judicandi & interpretandi facultate, & aucthoritate judicari & diffiniri debere, & quicquid secus attemptari contigerit, irritum & inane fore decernimus, non obstantibus premissis defectibus, & quibusvis Apostolicis, ac in provincialibus, & syno­dalibus conciliis editis, specialibus vel generalibus constitutio­nibus, caeterisque contrariis quibuscunque. Admonemus ta­men cum divisio Episcopatuum, & erectio Cathedralium Ec­clesiarum sint de majoribus cansis, quae summo Pontifici sunt reservatae, recurrendum esse ad suam Sanctitatem, & ab ea suppliciter postulandum, ut haec confirmare, seu de novo face­re dignetur. Et licet omnes res mobiles Ecclesiarum indi­stinctè iis, qui eos tenent relaxaverimus, eos tamen admonitos esse volumus, ut ante oculos habente divini judicii severitatem contra Balthasarem Regem Babilonis, qui vasa saera non àse, sed à Patre è templo ablata in prophano usus convertit ea pro­priis Ecclesiis si extant, vel aliis restituant. Hortante, etiam, & per viscera misericordiae Iesu Christi obsestan­tes cos omnes, quos haec res tangit, ut salutis suae non omni­no immemores, hoc saltem efficiciant, ut ex bonis Ecclesi­asticis, maxime iis, quae ratione personatunm & vicaria­tuum populi ministrorum sustentationi fuerint specialiter destinata, seu aliis Cathedralibus, & aliis quae nunc extant, inferioribus Ecclesus curam animarum exercen­tibus ita provideatur, et earum pastores, personae et vi­carii commodè, et honestè juxta corum qualitatem, et sta­tum sustentari possint, et curam animarum laudabiliter exercere, et onera incumbentia congruè supportare. Datum Lambeth prope Loudinum Wintonien. Diocess. Anno Nati­vitatis Domini Millessimo, quingentesimo, quinquagesimo quarto. Nono Cal. Ianuarii Pontif. Sanctissimi in Christo patris, et Domini nostri, Domini Iulii, divina providentia Pa­pae tertii. Anno quinto.

Reginaldus Cardinalis Polus Legatus.

We the said Lords Spiritual and Temporal, and Com­mons in this present Parliament assembled, rendering [Page 104] most humble thanks to your Majesties, by whose inter­cession and means we have obtained the said Dispensati­ons of the Popes holyness by the most reverend Father in God, his Legate, most humbly beseecheth the same, that it may be ordained as followeth.

And therefore be it enacted by the Authority of this present Parliament, that all and singular Articles and Clauses contained in the said Dispensation, as well touching the establishment of Bishopricks, and Cathe­dral Churches, as also the confirmation of mariages in degrees prohibited by the Canons of the Church, the le­gitimation of Children, and the ratification of Process, and of Sentences in matters Ecclesiastical, touching the invalidity of them for want of Jurisdiction, and the in­stitutions and destitutions, of, and in Benefices and Pro­motions ecclesiastical, dispensations, and graces, given by such order, as the publick Laws of the Realm then approved, Nota. and all other things before contained, in the said Letters of dispensation, shall remain and be reputed and taken, to all intents and constructions in the Laws of this Realm, lawfull, good, and effectual to be alleged and pleaded in all Courts ecclesiastical and temporal, for good and sufficient matter, either for the Plaintiff or Defendant, without any allegation, or objection, to be made against the validity of them, by pretence of a­ny general Councel, Canon, or Decree, to the contrary made, or to be made in that behalf.

And whereas divers and sundry late Monasteries, Priories, Nota. Commandries and late Nunneries, Deaneries, Prebends, Colleges, Hospitals, Houses of Fryers, Chaun­tries, and other religious ecclesiastical Houses and pla­ces, and the Manors, Graunges, Messuages, Lands, Tene­ments, Rectories, Tithes, Pentious, Portions, Vicara­ges, Churches, Chapels, Advowsons, Nominations, Patronages, Annuities, Rents, Reversions, Services, and other Possessions and Hereditaments to the late Monasteries, Priors, Nunneries, Commaundries, Deane­ries Chauntries, Prebends, Houses of Fryers, Colleges, [Page 105] Hospitals, and other religious and ecclesiastical Houses and Places, Nota. and to sundry Archbishopricks and Bisho­pricks within this Realm, late appertaining and belong­ing, came as well to the hands and possession of the said King of famous memory Henry the 8. father unto your Majesty, our said Soveraign Lady by dissolution, gift, grant, surrender, attainder, or otherwise, as also to the hands and possession of divers and sundry other per­sons, and bodies politick and corporate, by sun­dry means, conveyances, and assurances, according to the order of the Lawes and Statutes of this Realm.

And where also divers Manors, Lands, Tenements, and Hereditaments, Nota. parcel of the possessions of Archbisho­prick and Bishopricks, and many and sundry late Deane­ries, Colleges, Chauntries, Rectories, Prebends, free Chapels, Guyldes, and Fraternityes, Manors, Houses, Graunges, Lands, Tenements, Rents, Services, and other Ecclesiastical Possessions, Hereditaments, Goods, and Cattels to the said Archbishopricks, Bishopricks, Deane­ries, Colleges, Chauntries, free Chapels, Rectories, Guyldes, and Fraternityes, late appertaining and be­longing, or appointing, to and for the finding of Priests, Obyttes, Lyghts, or other like purpose, came as well to the hands and possession of the late noble King Edward the sixth, Brother unto your Majesty Soveraign Lady, by vertue of an Act of Parliament therof made, or otherwise, as also the hands and possessions of divers & sundry other persons, and bodies politick and corporate by sundry means, conveyances and assurances, accord­ing to the order of the Laws of this Realm: a great number of which said late Monasteries, Priories, Nunne­ries, Commaundries, Deaneries, Colleges, Hospitals, Prebends, Chauntries, free Chapels, Guyldes, and Fra­ternities, and the Manors, Granges, Messuages, Lauds, Tenements, Rents, Reversions, Services, Tithes, Penti­ons, Portions, Vicarages, Churches, Chapels, Advow­sons, Nominations, Patronages, Annuities, and Heredi­taments, [Page 106] Goods, and Cattels, to the said Monasterie [...], Nunneries, Commaundries, Deaneries, Colleges, Hos­pitals, Chauntries, free Chapels, Guyldes, Fraternities, and other Ecclesiastical Houses, Archbishopricks, and Bi­shopricks belonging, Nota. as well for great sums of mony, as for other good and reasonable causes and considera­tions, have been conveyed, and assured to diverse the Subjects, and bodies politick of this Realm, aswell by the said King Henry the eight, the said King Edward the sixth, and by your Highnesse our Soveraign Lady, and joyntly by both your Majesties, as also by di­verse the Owners of the said Ecclesiastical posses­sions, which said conveyances and assurances by their sundry Letters Patents, and other writings more plainly do and may appear. Forasmuch as the said most reve­verend Father, hath also by the said Dispensations, re­moved and taken away all matter of impeachment, trouble, and danger, which by occasion of any general Councel, Canon, or Decree Ecclesiastical, might touch and disquiet the possessions of such Goods moveables, lands, tenements, possessions, and hereditaments, as were of late belonging to any of the said Archbisho­pricks, Bishopricks, Monasteries, Priories, Nunneries, Commaundries, Deaneries, Houses of Fryers, or other religious Houses or Places, of what nature, name, kind, or quality soever they be of. Yet for that the Title of all lands, possessions and hereditaments in this your Majesties Realm & Dominions is grounded in the laws, statutes, and customs of the same, and by your high jurisdiction, authority royal, and crown imperial, and in your Courts only to be impleaded, ordered, tryed, and adjudged, and none otherwise; and understanding, that the whole, full, and most gracious intent, mind, and determination of your most excellent Majestyes be, that all and every person and persons, bodies politick and corporate, Nota. their heirs, successour and assignes, and every of them, shall have, keep, retain, and enjoy all, and every their estates, rights, possessions, and interests, [Page 107] that they and every of them now hath, or hereafter shall have, of and in all and every the Mannors, Graunges, Messuages, Lands, Tenements, Tithes, Pentions, Porti­ons, Advousons, Nominations, Patronages, Annuities, Rents, Revertions, Services, Hundreds, Wapentakes, Liberties, Franchises, and other the possessions and here­ditaments of the said Monasteries, Abbies, Priories, Nunneries, Commaundries, Deaneries, Colleges, Pre­bends, Hospitals, houses of Fryers, Chantries, Rectories, Vicareges, Churches, Chaples, Archbishopricks, Nota. Bi­shopricks, and other Religious or Ecclesiastical houses or places, or of any of them within this Realm, or the Do­minions of the same, by such Laws and Statutes as were in force before the first day of this present Parliament, and by other lawfull conveyance to them thereof made.

That it may be therefore enacted by the authority of this present Parliament, that as well your Majesty our Soveraign Lady, your heirs and successors, Nota. as also all and every other person and persons, bodies politick and corporate, their heirs, successors and assigns, now having, or that hereafter shall have, hold, or enjoy any of the scites of the said late Monasteries, and other the Religi­ous or Ecclesiastical houses or places, and all the said Mannors, Graunges, Messuages, Lands, Tenements, Tithes, Pentions, Portions, Glibe-lands, Advousons, Nominations, Patronages, Annuities, Rents, Revertions, Services, Hundreds, Wapentakes, Liberties, Franchises, Profits, Commodities, and other the possessions and he­reditaments of the said late Monasteries, Abbies, Prio­ries, Nunneries, Commaundries, Deaneries, Colleges, Prebends, Hospitals, houses of Fryers, Rectories, Vica­riges, Chauntries, Churches, Chapels, Archbishopricks, Bishopricks, and other Religious and Ecclesiastical houses and places, or any of them, of what name, na­ture or kind soever they be, shall have, hold, pos [...]ede, retein, keep and enjoy, all and every the said Scites, Nota Manuors, Graunges, Messuages, Lands, Tenements, Possessions, Profits, Commodities and other Heredita­ments, [Page 108] according to such Interests and Estates, as they and every of them now have or hold, or hereafter shall have or hold of and in the same, by due order and course of the laws and Statutes of this Realm, which now be, or were standing in force before the first day of this pre­sent Parliament, in manner and form as they should have done if this Act had never been had [...]e made: This Act, or any thing herein conteined to the contrary, in any wise notwithstanding.

Saving to you our said Soveraign Lady, your heirs and successors, and every of them, and to all and every other person and persons, Subjects of this Realm, and bodies politick and corporate, and to their heirs and successors, and to the heirs and successors of all and eve­ry of them, other then such whose right, title or interest is bounded or taken away, undone, or extinct by any Act of Parliament heretofore made, or otherwise, all such right, title, claim, possession, interests, rents, an­nuities, commodities, commons, offices, fees, leases, liveries, livings, pentions, portions, debts, duties, and other profits, which they or any of them lawfully have, or of right ought to have, or might have had, in, of, or to any of the premisses, or in, of, or to any part or par­cel thereof, in such like manner, form and condition, to all intents, respects, constructions and purposes, as if this Act had never been had he made.

And that it may be further enacted by authority a­foresaid, that all and every Article, Clause, Sentence and Proviso, contained or specified in any Act or Acts of Parliament, concerning or touching the assurance or conveyance of any the said Monasteries, Priories, Nun­nerie, Commaundries, Deaneries, Prebends, Colleges, Chantries, Hospitals, houses of Fryers, Rectories, Vica­riges, Churches, Nota. Chaples, Archbishopricks, Bishopricks, and other Religious and Ecclesiastical houses and places, or any of them, in any wise concerning any Mannors, Lands, Tenements, Profits, Commodities, Heredita­ments, or other the things before specified, to the said [Page 109] King Henry the 8th. or King Edward the 6th. or either of them, or any other person or persons, or body poli­tick or corporate, and every of them, and all and every Writing, Deed and Instrument, concerning the assu­rance of any the same, shall stand, remain, and be in as good force, effect and strength, and shall be pleaded and taken advantage of, to all intents, constructions and pur­poses, as the same should, might or could have been by the Laws and Statutes of this Realm, in case this present Act had never been had ne made.

And that all Feostaments, Fines, Surrenders, Forfei­tures, Assurances, Conveyances, Estates and Interests, in any wise conveyed, had or made to our said late Sove­reign Lord King Henry the 8th. or to our said late So­vereign Lord King Edward the 6th. or either of them, or to any other person or persons, bodies politick or corporate, or to any of them, by Deed or Deeds, Act or Acts of Parliament, or otherwise, of any of the Sites, Mannors, Lands, Tenements, Possessions, Profits, Com­modities or Hereditaments, of any of the said Archbi­shopricks, Bishopricks, late Monasteries, Priories, Nun­neries, Commaundries, Deaneries, houses of Fryers, Colleges, Chantries, Hospitals, Prebends, free Chaples, or of any Mannors, Lands, Tenements, Revertions, Ser­vices, Tithes, Pensions, Portions, Annuities, or of any other Hereditaments, of, by or from any Ecclesiastical or Spiritual person or persons, or by or from any Spi­ritual or Ecclesiastical corporation, or body politick, shall be as good and available in the Law, to all Intents, Constructions and Purposes, as they were by the Laws and Statutes of this Realm, standing in force before the first day of this present Parliament: And that the same may and shall be pleaded, alleged, and taken advantage of, in such sort, and to such effect: as they should, could or might have been by the Laws and Statutes of this Realm, standing in force before the said first day of this present Parliament: And that all and every Clause and Article of saving, conteined in all and every the said Acts [Page 110] and Statutes, shall stand, remain and be in such force, strength and effect, as they were before the said first day of this present Parliament; any thing conteined in this present Act to the contrary in any wise notwithstanding.

And that it may be in like manner enacted by autho­rity aforesaid, that whosoever shall by any processe ob­teined out of any Ecclesiastical Court within this Realm, or without, or by pretence of any Spiritual Jurisdiction, or otherwise, contrary to the Laws of this Realm, in­quiet or molest any person or persons, or body politick, for any of the said Mannors, Lands, Tenements, Here­ditaments, or things above specified, contrary to the words, sentences and meaning of this Act, shall incur the danger of the Act of Fraemunire, made in the 16. year of King Richard the 2d. and shall suffer and incur the for­feitures and pains contained in the same.

To which Act I shall annex Pope Iulius his Letters and Reasons sent to Queen Mary Anno 1554. for the granting of the forecited Dispensation, which occasioned this Statute.

Dr. Hackwells Answer to Carrier, p. 249, 250. Dr. Burges his No Sacrilege nor Sin to alie­nate o [...] pur­chase Cathe­dral Lands, p. 52, 53, 54. That all such as by just Title according to the Laws or Sta­tutes of this Realm, for the time being, have any Possessions, Lands or Tenements lately belonging to Monasteries, Priories, Bishopricks, Colleges, Chantries, Obits, &c. whether they have purchased them for their money, or are come to possesse them by gift, grant, exchange, or by any other legal means whatsoever, may retain and keep the same in their Possessions, and have the same ratified and established unto them by the confirmation and dispensation of the Sea Apostolick.

Causes and Reasons why such Dispensations may be justly granted with honour and conscience.
  • 1. The State of the Crown of this Kingdom cannot well be sustained to govern and rule with honour, if such Possessions be taken from it:
    Note.
    for at this day, the greatest part of the Pos­sessions of the Crown, consisteth of such Lands and Possessions.
  • [Page 111]2. Very many men have with their monies bought and pur­chased great portions of those Lands, from the most Excellent Kings, Henry the VIII. and Edward the VI. who, by their Letters Patents have warranted the same: of which Lands and Possessions, if the Owners should now be dis-possessed, the King should be bound to repay unto them all their money; which would arise to such an huge Masse, that it would be a very hard matter for the Crown to restore it.
  • 3. The Nobles and Gentry of this Realm, most of whom have sold and alienated their antient inheritances, to buy these new, cannot live according to their degrees, if these Possessions should be taken from them.
  • 4. The Purchasors, or Owners of such Lands and Possessions, in as much as they came to them by
    The Henchers and Lawers of both Temples and Lincolns-Inne must hold so as well as other Purchasors.
    just Title, according to the Ordinance of the Kings of this Kingdom, have held and do still hold a good and justifiable course in obtaining of them.
  • 5. The enjoying of such Lands and Possessions, is so common unto every state and condition of Men, Cities, Colleges, and In­corporations, that if the same be taken from them,
    Nota.
    there will necessarily follow thereupon throughout the Kingdom, a sudden change and confusion of all Orders and Degrees.
  • 6. Seeing the Goods and Possessions of the Church, even by the authority of the Canon Laws, may be aliened for the re­demption of Captives, and that the same may be done by that Church only, to whom such Possessions do belong: It is fit and reasonable that such Dispensations should be granted for conti­nuing of possession already gotten, for so great a good of publick concord
    Mark this well.
    , and unity of the Church, and preservation of this State, as well in body as in soul.

The consideration of this Statute, Letter and Rea­sons of the Pope himself, and our Popish Prelates, Clergy in Queen Maries daies, may perswade our present Pre­lates and Cathedral men to the like Moderation, Can­dor and Ingenuity, for the satisfaction of the King, Par­liament, Purchasors, and preservation of the Kingdoms, Churches Tranquility now and hereafter.

Finally, because there is now an extraordinary great [Page 112] clamour against Sacriledge in most Pulpits, new Pam­phlets, and in the Commons House it self, by many who understand not truly and thoroughly what Sacriledge is, I shall for a close of this Appendix inform them.

1. That the word Sacriledge ( [...]) is only once and no more used in sacred writ, Rom. 2. 22. What the Apostle there means by committing Sacriledge, and what this Sin should be, both old and new Expositors do very much disagree. I shall render them an account of 10. several opinions of Expositors concerning it, who comment on this Text; neither of them suiting with that which now alone is declamed against as the sole and only Sacriledge.

1. See Dr. Wil­ [...]ets sixfold Com­mentary on Rom. 2. qu. 39. Origen, Ambrose, and some others interpret Sacrilege, The Iews violating of Christ the true Temple of God, by crucifying him with their sins, stealing him out of the Scripture, and denying Christ, MAGNO SACRILE­GIO. 2ly. Chysostome, Theodulus, Theophylact, Peter Mar­tyr, & Dr. Willet expound it to be, the Iews sparing of Idols, and using of things consecrated to idolatry, out of covetousness, to their own private commodity, which by the Law of God they should have destroyed; which Calvin and Gualter mislike not. And Peter Martyr thence infers, Potest quidem Res­publica & Magistratus noster, ea quae superstitiosa sunt au­ferre, et corum pretia in usus pios et bonos convertere, without any Sacriledge. 3ly. Gorhan defines this Sacriledge to be, the giving of divine worship unto Idolls. 4ly. Calvin and Piscator expound it to be, the contempt of the Divine Majesty. 5ly. Haymo informs us, that Spiritual, sacrilege, est sacrorum verborum prevaricatio; the praevarication of Gods word: but according to the Letter he defines it, Sacrarum rerum surtum: verbi gratia: Quisquis de the sauro Ecclesiae, vel de substantia Dei familiarium aliquid occulte abstrahit, Sacrilegium perpetrat; which extends only to Goods, not Lands, with whom Lyranus, the Syriack interpretation, & some Popish Commentators accord. 6ly. Peter Martyr, and Lucas Osiander interpret it to be, the buying and selling of the Priests Office, Orders, [Page 113] Benefices, Bishopricks, as many have done, and still do, who are really guilty of Sacrilege as well as Symony. 7ly. Paraeus and others expound it, of polluting Gods Service with Iewish and humane inventions. 8ly. Grynaeus understands it, of arro­gating to their own merits, that which was peculiar to the grace of God. 9ly. Peter Martyr, applyes it to Fly his Sons, and such other Priests who violently took away and appropriated to themselves the things offered and consecrated unto God. 10ly. Primasius Bishop of Vtica in Africk, (St. Augustine Disciple flourishing in the year 440.) in his Commentary on this Text resolves, The very Heathens dee­med this Sacri­ledge, not to worship their Gods. Deos inquitis, non colitis, & pro Imperatoribus sacrificia non impenditis. SA­CRILEGIVMEST QUOD PROPRIE IN DEVM COM­MITTITVR, QVASI VIOLATIO, VEL PRAEVARICA­TIO MANDATORVM, Adding that the Apostle in the next words, Per praevaricationem legis Deum inhonoras; EXPOSVIT SACRILEGIVM: Rhemigius and Haym [...] concur in substance with him. And indeed this defini­tion of Sacriledge, that it is the breach or violation of the sacred law of God, is most agreeable to the Apostles mean­ing and proper etymology of the word. Hence Lauren­tius de Pinue a great Canonist, Iraque Sacri­legu, & Ma­jestatis rei in­venimur. and Angelus de Clavafio in his Summa Angelica, Sacrilegium, derive and define Sa­crilegium, quasi Sacrae legis lesio, a more proper etymo­logy, than that of Innocentius the Pope, quasi Sacriledium. Now none of all these antient or modern Expositors, Tertul. Apo­log. adv. Gen­tes, & ad Scapul. de­fine Sacrilege, to be a taking away, alienating, or selling the Lands of Bishops, Deans, Abbots, Priors, Cathedrals, Co­vents, or Chapters, never intended by the Apostle in those primitive times of the Gospel, when the Apostles themselves, and Evangelical Bishops in and immediate­ly after their Age, had neither Silver nor Gold, nor Temporal Lands or Possessions, to take away, plunder, steal or alienate, as is evident by Acts 3. 5, 6. c. 4: 34, 35, 37. 1 Cor. 4. 11, 12. 2 Cor. 6. 10. and other Texts, though now decry'd in Presse and Pulpit as the only Sacriledge: when none of these other kinds of real Sacriledge are once writ or preached against by them under the name or crime of Sacriledge; which savors more of Passion than Devotion, of [Page 254] Avarice than Prudence, of Calumny then Verity, of Self-interest than Christs interest. On whom we may retort that of Ad sc [...]pulam, lib. & Apolog. adv. Gentes. Tertullian, in defence of the primitive Christi­ans against the Pagans, who reputed them sacrilegious for not adoring their Idols. Tantum nos quos Sacrilegos ex­istimatis nec in facto unquam deprebendistis, nec in sacrilegio. Omnes autem qui templa despoliant, & per Deos jurant, & eos­dem colunt, & Christiani non sunt, & Sacrilegi tamen depre­henduntur. But how are they found to be such? to wit, by their sacrilegious crucifying and dishonouring Christ through their sins, by wresting the Scriptures, breaking the sacred Law of Christ, by contempt of his divine Majesty, by pollu­ting Gods worship with humane inventions, innovations, super­stitions, by buying and selling of Orders, Benefices, Bishopricks and Ecclesiastical Preferments, and by mispending the Tem­poral Revenues of the Church upon their own Pomp, Luxury, Children, Wives, Kinred; which in Bernard super [...] Se [...]no. [...]3. Time [...]n [...] Epi­copi [...] & Minestis v [...] eclesia, qui in [...]c [...]tu Sanctorum qua [...] pesisdent [...]m [...]niqua gerunt, ut stipondus quae suf­ficerè coberet mi­ni [...] contenti, su­perflus quibus egi­ [...] sustrutendi fo­ro [...], Imple Sacri­ligoque sibi reti­neant, & in [...]fu [...] [...] superb [...]a & [...]: [...]ploci pros [...] ­ [...]o [...]quitate p [...]c­ [...]ante [...], quod & a [...]ena dirip [...]unt, & sicris in sais vanitaribus & tur­pitudi [...]ibus abu­tuntur. Bernard de Consideratione, l. [...]. O m [...]ran­da [...] spons [...] [...]ali­bus [...] Pa­ [...]anymphr [...], qui as­signata [...] proprio [...]tine. [...]o quos [...]s [...]u [...]e [...]centur. St. Bernards judge­ment is not only SACRILEDGE, but likewise A DOVBLE INIQVITY; which should cause them both to fear and tremble.

2ly. That the Popish Petr [...] Lombar­ [...]us, Sent. l. [...]. dist. [...]7. Aquinas [...]. [...]. qu, 89 Alexand. All [...]sit, Serem. Theolog. T [...]. 2. qu. 1 [...]. Bona­ventura in 3. Sent. [...]est. 17. dub. 7. and other School­men i [...] this distin­ction. Scholemen and Canonists themselves define Sacrilege formally and properly, to be a quite other manner of sin than it is now reputed. Formaliter & proprie, Sacrilegium est illud peccatum, quod persona sacra agit contra ejus Sanctitatem directè: That is, Sacrilege is that sin which a sacred person com­mits directly against his Consecration. As if a Bishop, Minister, Monk, Nunne, (not Lay man) Clergy man, commits Adultery, Fornication, Drunkennesse, or any other sin whereby he pollutes his soul or body, which are the Temple of God and the holy Ghost, and Mem­bers of Christ, to the dishonor of his holy function, and that Christian Religion and holinesse he professeth. Whence they resolve, Omne peccatum quod committet per­sona Ecclesiastica, matet raliter & quasi per accidens decitur Sacrilegium: [...] Angelica, Tit. Sacrile [...]r, Hostien [...]a Summal. 5. De Crimine Sacrilegii, f. [...]43. unde dicit Hieronimus; Nugae [...]n ore Sucer­dotis [Page 115] sunt Sacrilegium. Hence Chrysologus Serm. 26. thus determines. Ebrietas in alio crimen, in Sacerdote How many Drunken Priests are now guilty of Sacrilege? Sacrile­gium, quia alter animam suam necat vinc, Sacerdos spiritum sanc [...]itatis extinguit. Salvian de Providentia l. 8. and Bochellus De­creta Eccles. Gal. l. [...]. Tit. 61. p. 1308. Bochelius, Sacrilegii genus est Dei odisse Cultores. And Pope Innocentius, cited by Alexander Alensis, Sum. Theolog. Tom. 2. quest. 171. m. 1. Quid sit Sacrilegium, resolves, committunt Sacrilegium qui contra divinae legis sanciitatem, aut nesciendo committunt, aut negligendo violant & offen­dunt: which Alensis acknowledgeth likewise to be Sa­crilege. And in verity the Scripture it self resolves no­thing else to be properly Sacrilege under the Gospel, but the violation of the sacred Law of God, by Bishops, Ministers or Christians, and poluting, profaning their souls and bodies (which are or should be spiritual Tem­ples of God, and Members of Jesus Christ) with grosse and scandalous Sins, as is evident by Rom. 2. 22, 23, 24. Thou that sayest a man should not commit adultery, dost thou commit adultery? thou that abhorrest Idols, dost thou com­mit SACRILEGE? Thou that makest thy boast of the Law, through breaking the Law dishonorest thou God? For the name of God is blasphemed among the Gentiles, thorough you. Compared with the 1 Cor. 3. 16, 17. chap. 6. 15, 16, 17, 18, 19, 20. Know ye not that ye are the Temple of God, and that the spirit of God dwelleth in you? If any man de­file (or destroy) the Temple of God, him will God destroy, for the Temple of God is holy, which Temple ye are. Know ye not that your bodies are the Members of Christ? shall I then take the Members of Christ, and make them the Members of an Harlot? God forbid. What, know ye not that he which is joyned to an Harlot is one body? for two (saith he) shall be one flesh. But he that is joyned unto the Lord is one Spirit. Flee Fornication: he that committeth Fornication, sinneth against his own body. What, know ye not that your body is the Temple of the Holy Ghost which is in you, which ye have of God, and ye are not your own? For ye are bought with a price: therefore glorifie God in your body and in your spirit, which are Gods. Since then every violation of Gods sacred Law, and pol­lution of our souls and bodies, by Fornication, Drun­kennesse, and other scandalous sins, is the only formal [Page 116] and proper sin of Sacrilege, by the resolution of Canonists, Casuists, Scholemen, Fathers, and God himself in the Gos­pel. And if as In Rom. 2. and 1 Cor. 11. St. Ierom, Bernard Summa The­ologiae pars 2. qu. 171. in 1. p. 7 [...]0. Alensis, & others determine, those Bishops and Church men, Sacrilegium profecto committu [...], do verily commit Sacrilege, who take the Revenues and Lands of the Church, first given in Frankalmoigne, to feed and relieve the poor and per­vert them to support their own Pomp, Luxury, Avarice, or to enrich themselves, their Children, Kindred or Posterities; I wonder our Bishops and Cathedral men, are so mute in declaiming, preaching, printing against these real Sacrileges in themselves, and so Clamorous only against that which really is no Sacrilege in others.

3ly. The [...] Angelica. Summa R [...]sella, A [...]. In. S [...]ti [...]gi in Gl [...]s [...]n [...]atian C [...]us 17. qu 4. Canonists and Petrus [...]n­la [...]es Sert l. 3 destinct [...]7. B [...]naventu [...], AEg [...]dius Bru­liter and others in 3. Sent. [...] 37 A [...]u [...]ans se­ [...]unda secundae, qu. [...]. Alex Alensis Summa Theol. pars 2. q. 171. in. 1. Scholemen do generally define Sacriledge to be committed 3. manner of waies. 1. Ratione personae, as if any Layman lay violent hands up­on, hurt, wound, strike or abuse any Ecclesiastical or Religious person (and why not likewise upon any King, or pious Christian, if Psal. 105. 14, 15. Zech. 2. 8. be Ca­nonical, on whom Popes, Prelates can lay violent hands, dethrone, murder, without any Sacrilege?) 2ly. Ratione loci, as when any Mensis, Sum Theol. pars 2. q. 171. m. 3. Sacrilegium, est contra immuni­tatem Ecclesiae extrahere ali­quem per vim, cum confugit ad sa [...]sidium Eccle­siae in periculo. Civil Magistrate or other Officer takes a Thief, Murderer, Traytor, Rebell, Fugitive, Malefactor, or person indebted, out of a Church, Chap­pel, Churchyard, Monastery, or other Sanctuary, conse­crated by a Bishop, by force, without or against the Bi­shops, Abbots, Ordinaries or Parsons consent, (and why not as well out of any Tenement, Glibe, House, or other Lands belonging to Bishops or Church-men, or out of any Hospitals, Colleges, Scholes, dedicated to pious uses?) 3ly. Ratione rei, which is threefold. 1. Auferen­do sacrum de sacro, by taking a sacred thing out of a sacred place, as consecrated Priests, Nuns, Vessels, Vestments, U­tensils, Ornaments, out of a consecrated Church, Chaple, Sanctuary or Churchyard. 2ly. Auferendo n [...]n sacrum de sacro, by taking things not consecrated, as Money, Plate, Goods, Armour, Amunition, Cattle, hid or laid up in Churches, Chaples, Chuch yards, Monasteries, Sanctuaries or Malefactors out of them, or taking away any Goods, Monies, Chattles from Church men or Religious per­sons. [Page 117] 3ly. Auferendo sacrum de non sacro, by taking any Person or things consecrated by a Bishop out of a pro­phane place though a Brothel, See Onus Ec­clesia Iohn B [...]le his Acts of English V [...]o­ [...], de Continentia Gravamin [...] Germaniae. Balaeus de Vi­tis Pontificum. Tave [...]n, Alehouse, Inue, which consecrated Prelates, Priests, Monks, overmuch freequented of late and Gal. Nubri­genses. Hist. l. 10 Mat Paris p. 365, 366 [...] 374 375 83 [...], [...] 834. Mat. West. An. [...]2 [...]. p. 132, 133. 134. An. [...]233. p. 141. Wasingh. H [...]. Angl. p. 210, 217, 218. Ha [...]'s Chron. [...] 8, 9, 10 8 [...]. Speeds Hist. 503, 504, 606, 60 [...]. Holinshed, p. 420. 2 [...]5. [...]5. Am. Eccl. B [...]. p. 1 [...]8, 263, [...]word 258, 2 [...]. former times, as well in England, as in forein parts. Now all these Sacrileges as they have no real ground or foundation in Gods word, tending only to secure the persons, goods of Prelates, Church men, and other Ecclesiastical persons, and all kinds of Traytors, Malefactors, Debtors, Bankrupts, Cheates, flying unto them and their Churches for Sanctuary, and hiding their Goods within their pre­cincts, to protect them from the Kings and Civil Ma­gistrates power, Laws, Officers, Executions, as our own See [...] D [...]ret Eccles. Gal l. 8. Tit. 61. Histories, Statutes and Law-books resolve, in the several cases of Thomas B [...]cket Archbishop of Canterbury, Hubert de Burgo Earl of Kent, Iohn Sa [...]age, and sundry others, (See 50 E. 3. c. 6. 2 R. 2. c. 3. 21 H. 8. c. 2, 7.4 H 8. c. 2. 26 H 8. c. 13. 28 H. 8. c. 7, 13. 32 H. 8. c. 12, 15. 2 E. 6 c. 2, 13. 1 and 2 Philip and Mary c. 4. 1 Mary c. 6. 5 Eliz. c. 10, 14, 19, 20. 13 Eliz. c. 7. 14 Eliz. c. 5. 18 [...] Eliz. c. 3. Kelway f. 91, 188, 190, 1 H. 7, 10, 23, 29. Stamford l. 2. c. 38, 39. Brook, and Ash Title Sanctuary.) So the bare alienation or ablation of Bishops, Abbots and Cathedral mens Lands, by our Kings, Parliaments, or Clergy men themselves, fall neither within the words, nor intention of any of these Sacrileges, extending only to Sum. l. 5. De Sacrilegi [...]. Io­annis T [...]ier [...]. & the Gl [...]sse in Gratian [...]aus. 17 sacred persons Goods and Chattels, not to the sale of Man­nors, Land [...], Tenements Rents, Temporalties of Church­men, which is no Sacrilege, either within the Canonists or Scholemens definition or division of Sacrilege.

4ly. That [...] Aut [...], ut Sacril [...] Hostiensis and other Canonists cited by him, inform us, That whoever doth any injury to Ecclesi­astical persons, commits Sacrilege; and not only so, but that it is Sacrilege for any man to question or dispute the Judgement or Decrees of the P [...]pe, or to transgresse, dis-respect any publick Laws, not to yield due reverence to the Popes or Bishops Canons, to violate an Holy-day, to imploy a Jew in any Office, or to oppresse any pious Place or Hospital under the Patronage or Protection of [Page 118] the Church. But these things I presume our Bishops and Cathedral men themselves, will ingenuously confesse to be no Sacrilege at all, notwithstanding the Popish Ca­nonists and Schole mens resolutions. And by like reason the Kings or Parliaments alienation or ablation of their supefluous or abused Church-Land, Temporalties, must prove no real Sacrilege, though some Popes, Popish Canonists and Scholemen, have concluded it to be so.

5ly. That Summ [...] Theol. pa [...] 2 pa. 1 [...]1. [...] p [...]1. Alexander Alensis and others resolve, That it is Sacrilege for any Lay-Men, with their Fami­lies, Cattle and Goods, to be received, or enter into Churches, Chaples or Churchyards, or to eat, drink and lodge in them, in times of Peace: But if they do it in times of War and Necessity, to preserve themselves a­gainst the Enemies, in cases of eminent danger, (as they did frequently during the [...] Historia. Danish and Norman Invasions, and during our Civil Wars) then it is no Sacrilege at all: Vbi est hujusmodi necessitas non est Sacrilegium. If then the case of eminent danger, necessity and War will make that to be no Sacrilege in this case, which other­wise would have been Sacrilege; Then by the self-same reason, See Bernardus [...]terius. de Potestate secu­lo [...]i super Eccle suit. Gratius de turi Bettel. 3. c. 10. the Kings or Parliaments ablations, sales of the Lands of Bishops, Deanes, Chapters, Abbots, Priors in times of War and publick Necessity, to defray the vast debts and expences of the Kingdom, will prove to be no Sacrilege at all, by the definition of Popish Scholemen of old, yea of some late Alphonsus de Vargas, Relat. de Strategem. Iesuitarum, An. 1641. cap. 40. to 56. Iesuits both in Germany and Spain, as well as of Iohn Wickliff, Iohn Hus, and other fore-cited Protestant Divines and Martyrs, concurring in Judgement with them.

FINIS.

ERRATA at the P [...]es [...]e.

P. 3. l. 3.25 r. 43. p. 26. l. 6. Almes, [...] Char [...] p. 33. l. [...], [...], r. praises. p. 36. l. 9. r. this is, p. 4 [...]. l. 28. Successors. [...] l. 19. Plancta. p. 49. l. 19. dominii. p. 50. l. 7. [...]aica. p. 62. l. 31. excom­municate. p. 63. l. 5. Lord. p. 65. l. 11. Monks. p. 84. l. 4. Officers, r affairs p 91. l. 9. most, r. just. p. 93. l. 16. iuherent. p. 94. l. 15. im­pated. p. 100. l. 2. praesenti. l. 26. relaxandi. p. 101. l. 16. minus. l. 29. consentientes. r. 101. l. spiritualis. p. 57. l. 38. Edward 6. r. Henry. p. 63. l 1. r. N [...]. Margin. p. 48. l. 19. r. l. [...]. l 20. r. Anselm. Glessarum Hunagium.

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