SOme there are that have attempted to perswade the World, that the De­vil is not so black as he is [Page 2]painted; and that the name of Sacriledge, or its appropri­ation unto the invasion of Church-Lands, is but a trick and device, a meer bugbear to affright conscientious and fear­ful men from their laying hands on those sweet possessi­ons of others. To make this the more specious, and withal, to unravel the force of all the Arguments that have been laid before the World to discover the iniquity of it, they have at length found this new ar­tifice, to heap together the va­rious senses of this word Sa­criledge, some Proper, some Metaphorical; to shew that it had been used in relation to Persons, Words, Places, and [Page 3]Things: and thence they in­ferr, That if such or such a thing be Sacriledge, then this is not. After which way of discoursing, I believe any wickedness in the World might be freed from the imputation of guilt or en­ormity. I may as well argue, that because Idolatry is called Adultery, and Incest Fornication, that there is no other Adulte­ry or Fornication; that because Murder is used in many senses besides, therefore wilfully to kill a Man is no Murder: And so in every transgression that can but have a Metaphori­cal sense, or be referred to more objects than one. It might indeed have concluded thus, There are other sorts of [Page 4]Sacriledge, therefore this is not the only Sacriledge.

But now, because men are ready to reject, or at least not to have any great regard unto such things, where variety of Opinions taketh off the edge of Arguments, and will never allow themselves convinced, if there remain any Loophole through which they can peep; I shall endeavour to make good this Proposition:

That Church-Lands and Revenues cannot be alienated from the Clergy, nor invaded by any Secular Persons or Powers, without a wilful and determi­nate violation and breach of the Fundamental Laws of the [Page 5]Land, and of the Principles of Justice and Common-ho­nesty.

And truly, if this be made good, we shall not so much need to dispute the significati­on of Sacriledge: For in a Christian State and Kingdom, none will believe That an un­godly invasion of the Rights of others, can be countenanced or in­dured; especially where the Law speaks no less than Death to little Robbers on High-wayes, to Pirates on Seas, and makes Thirteen pence half penny by vi­olence or wrong taken, inexpi­able, unless it be by the bloud of the Criminal. Nay, any thing taken above the value of twelve [Page 6]pence, without the consent of the owner, is felony by the Law,Stamford fal. 14. b.Stat. West. 1. cap 15. Furtum est contrectatio rei alienae pluris quam duodecim denariorum va­lentis, animo furandi, invito illo cujus res illa fuerit Theft is the seizing of the Goods of another above the value of one shilling, with an intent of stealing, and with­out the consent of him to whom it belongeth. Nor do I know any other way to specificate Theft, than the Property of the Pos­sessor before it be taken, and the ignorance or unwillingness of the Possessor to part with it. And therefore the Law determines, that the stealing of Wilde Beasts, or Fishes out of a River, which have liberty [Page 7]to change their places from one persons Royalty to another, shall be neither Felony nor Larceny, because they are nullius in bonis; Stamford fol. 25. b. and so for TREASOUR TROVE, for Treasure found, if it be taken, not Felony, Quia Do­minus rerum non apparet. But to take even these very things is yet unlawful, because (to whomsoe­ver they belong, yet) they belong not to him that taketh them, having no right to them. How then and with what pretence can any greater and more va­luable rights be alienated from Possessors without their con­sent? Justice it is, suum cui (que) reddere, to render every man that which is his; and it is common honesty, to be content [Page 8]with our own: so that, that which justifieth a Possession is Property or Right, and that which gives boundaries and security to Property and Right, are the Laws. Not that there was any other Original of Pro­perty, but the Law of Nature; and so, even that Eighth Commande­ment insinuates, for if there had not been property, to take from another could not be to steal; so that as thou shalt kill, doth de­fend the life of a man which he hath most right to; Thou shalt not commit Adultery, doth intimate the propriety that e­very man had in his own Wife; so, Thou shalt not steal, doth intimate the propriety that eve­ry man had in his own Goods [Page 9]and Possessions: And thence ariseth that Maxime of the Civil Law, Jure naturae aequum est, Pomponi­us, Lib. 9. neminem cum alterias detrimento fieri locupletiorem. Hence it is also that Religion ever so vi­gorously asserted, and all hu­mane Laws ever defended Pro­perty. As early as Abel and Cain, we see a Property of Goods in the Flocks of one, Gen. 4. and the Husbandry of the other; from which each man brought his Offering, which truly would have been but a dull present, if it had been out of the stock of a Community, where the right of all might have made the gift of any one of a small account; and he that was most Religi­ous, would have but commen­ded [Page 10]his service to God, by that which cost him little or nothing. 1 Reg. 24.24. Much less would the fatness of the Sacrifice been noted by God himself: Obtulit Hebel de pri­mogenitis gregis sui, & de adipe eorum. Which first-fruits or first-lings, doth signifie the prime or principal, expounded by the fat in that verse; and by the Apostle accordingly, Hebrews 11.4. [...], praestantius & majoris pretii sacrificium; a better and more valuable Sa­crifice. And therefore on the consideration of the Pe­tition of Right, An. 1640. Anno 1640. the Convocation, holden at Lon­don, agreed this, amongst other Articles, Though Tribute, Customs, Aid, and Subsidies, and all other [Page 11]manner of necessary support and supply be respectively due to Kings from their Subjects, by the Law of God, Nature, and Nations, for the publick defence, care, and pro­tection of them; yet nevertheless Subjects have not only a Posses­sion of, but a true and just Right, and Title, and Propriety to, and in all their Goods and Estates, and ought for to have. And these two are so far from crossing one ano­ther, that they mutually go toge­ther, for the honourable and com­fortable support of both: For as it is the duty of Subjects to supply their King, so it is the part of the Kingly Office to support his Sub­jects in the propriety and freedom of their Estates. And truly all Magistrates are to guard this; [Page 12]therefore it was the less wonder that that brave Roman Emperor should make his whole Army stand still to do right to a poor Widow. But to this chiefly are the Kings of this Island so much obliged, that it is the principle Article of the Coronation Oath, which the King sweareth to maintain.

Sir, Will you grant, Arch-Bishop. keep, and by your Oath confirm to your peo­ple of England, the Laws and Customs, to them granted by the Kings of England, your lawful and Religious Predecessors; and name­ly, the Laws, Customs, and Fran­chises, granted to the Clergy by the glorious King St. Edward your Predecessor, according to the [Page 13]Laws of God, the true Profession of the Gospel established in this Kingdom, agreeable to the Prero­gative of the Kings thereof, and the antient Customs of this Land?

King. Ex Libro Regali. I grant and promise to keep them. To which he afterward sweareth.

Now the Rights and Fran­chises granted by St Edward first, are contained chiefly in the Magna Charta, and in the Charta de Foresta, 9 Hen 3. made 9 Hen. 3. of which this is the History.

This poor Island torn to pieces by innumerable Factions, for the support of the particular dominions of the Heptarchy, was at last gotten into the [Page 14]hands of Canutus the Dane, An. Christi 1018. yet so as by Conquest, where all un­der his subjection were at his mercy; for, wherever a King­dom is overrun and grasped by Conquest, the Kings will is the only Law. Quod principt placue­rit legit habet vigorem. The Kingdom in this condition de­scended to St. Edward, An. 1043. called, for his excellent Holiness, the Confessor; who considering the uncertain estate of a Governor, who hath nothing but the point of his Sword to guard him; considering that the surest for­tress was the love of the people, and withal, that nothing could gain so much upon their affe­ctions as Liberty and Emanci­pation; he took this course to [Page 15]caress them; to infranchise them, and remit the standing Re­venue that had been formerly paid to the Crown, in acknow­ledgment of their Vassalage, cal­led Daneguilt; being 40000 pounds per annum. And that their Persons, or Estates, might not be subject to the Will of any vi­olent person, but be protected by a Law, he digested a body of Laws out of the Customs and Ordinances of four Countries, An. 1044. which was the beginning of our Common Laws. But when William Duke of Normandy came on this Kingdom,An. 1066. and made a new Conquest, his Sword cut all former Charters asun­der. Those that were then his Vassal, must submit to [Page 16]his pleasure both for Lives and Estates. He that had gotten a great Kingdom with great dangers and difficulties, used the English with little Mercy. The whole Nation was in such a condition, that they knew not what to call their own.Stows Chron. He deposed the greatest part of the English Nobility, and distributed their Earldoms, Baronies, Bishop­ricks, and Dignities to his Normans: On the Commons he laid what Restraints, Bur­dens, and Bridles he pleased. For thirty Miles together in Hampshire, without Mercy or Conscience, he depopulated and laid wast a great number of TOWNS, VILLAGES, [Page 17] and CHURCHES, with­out any satisfaction to the In­habitants, to make a Chace for Wilde Beasts, which is now called the New Forest. He charged, at his pleasure, what Souldiers he pleased on the Bi­shops, Earls, Barons, Shi­riffs, &c. He caused the whole Kingdom to be Surveyed in a book, to understand what Land every Baron did possess, how many Knights-fees, how many Plough-Lands, how many Villains, how many Beasts or Cattle every man possessed within this Kingdom, Such strange doings continued all the time of Will. Rufus. from the greatest to the least; and (as the Historian affirms) the Land was full of mischiefs that came of this doing.

Hen. 1. his Son, well weigh­ing the sad inconveniences of this Tyranny, took other cour­ses; He restored the state of the Clergy; Ans Reg. 1. he asswaged the grievous payments; restored again St. Edward's Laws; and at length, gave once more a manumission and compleat emancipation to the Kingdom, Stows Chron. and made us a free people: Afterwards confirmed and ratified by the Magna Charta, and Charta de Foresta, in the 9 year of the Reign of Hen. 3. Which particularly, and in the first place, doth enfranchise the Church: 9 Hen. 3.c.1. We have granted to God, and by this our present Charter have confirmed for us, and for our Heirs for evermore, that the Church of England shall [Page 19]be free, and shall have all her holy Rights and Liberties invi­olable. And truly, before the Promulgation of that Charter, all the Kingdom were Slaves, and at the will of the Sword, both for their Estates and Lives. Nay, even after this Charter, many great Pregogatives were claimed and held by the suc­ceeding Kings: As the bestow­ing of the youngest Daughter of any deceased Baron in Marriage, as he pleased, with all her Fathers inheritance; although the Eldest were Married in their Fathers life time, and with his liking. Si aliquis Baro dicti Domini Regis, tenens de Rege, obiisset, & non haberet haeredem nisi filias, & primogenitae filiae ma­ritatae [Page 20]sunt in vita patris; Do­minus Rex daret postnatam filiam quae remanet in haereditate patris alicui militum suorum, cum tota haereditate patris sui, de qua obi­isset seisitus; ita quod aliae filiae nihil reciperent adversus postna­tam filiam in vita sua. Et omnes Reges habuerunt hanc dignitatem a conquestu. And some Pre­rogatives continue to the Crown at this day of a like na­ture, notwithstanding the Pro­perty of the Subject by the great Charter: As, in defai­lance of Heirs, the King inhe­rits, so that the last Possessor, cannot dispose or alienate it by Will. In Treasure Trover, in whose Land soever found, it goes not to the Proprietor of the soil. [Page 21]In the case of Mines discovered of perfect Metals, they go to the King in whose Land soever they are found.

Now although this great Charter was so early granted, yet some succeeding Kings invading the Property of the Subjects, and Ruling accor­ding to their own Lusts, was the occasion of those fearful Civil Cammotions, cal­led the Barons Wars: Parti­cularly the insolent and into­lerable Violence and Tyran­ny of King John; Stows Chron. in the Reign of K. John. For there were many Noble mens Wives, and Daughters, whom he op­pressed and defiled; othersome with great Exactions he brought into great Poverty; the Friends [Page 22]and Parents of some he bani­shed and turned their Inheri­tances to his own use, Anno 12 13.An. 12 13. He disinherited some Noble men without judgment of their Peers: He Robbed Bay­nards Castle in London: Poy­soned Maude the Fair, because she would not consent to his Lust: After he had spoiled Religious Persons (when the foulness of those Practices were like to undo him) he constrain­ed them to give him writings, wherein they acknowledged that they had willingly given him all that he had with Violence taken from them.

This was the cause that the Barons so determinately [Page 23]demanded the confirmation of the Magna Charta, and Char­ta de Foresta, of that Hen. 3. his Son and Successor, with­out which they looked on the whole Land to be per­fectly enslaved. This he grant­ed; and it was with all pos­sible Faith and Assurance pub­liquely ratified. And this is the Fundamental Law of this Land, concerning the Right and Property of every Sub­iect, both Lay and Clergy: And if this be broken, there is no security of any Mans Possessions. Nay, even those that hold by Escuage, Serjean­cy, or by any other services, if they perform those services as they are due, no Power [Page 24]without illegal and unconsciona­ble Violence and Oppression, can Invade or Disseise them, with­out their consent, this be­ing a common Principle and Maxime in all Laws, Quod nostrum est, sine facto no­stro transferii non potest: That which is mine, without my deed cannot be transferred to ano­ther.

Thus far it is visible and clear, that by apparent Right, and by the Fundamental Laws of the Land, that the Clergy stand on the same Basis and ground, in their Estates, and Possessions, with the Laity. And least it should be doubt­ed, what Liberties are in­tended [Page 25]to be granted to them, the Laws have (in many things) explained them. As, the right of Advowsons and Pre­sentations, that belong to the Church to be kept inviolable, 25 Edw. 3.3.7.25 Edw. 3.3.7. The right of their Forests, and Chaces, and Parks to the Archbishops and Bishops. Charta de Foresta, Charta de Foresta, c. 4. 9 Hen. 3. Mag. Chart. c 37. cap. 4. The Liberties of all their ether Rights and Possessions: Magna Charta, cap. 37. All that even before the Con­quests of Danes or Normans had belonged unto them, such as an exemption from Murage, Pontage; Cook. Inst. vol. 2. fol. 1, 2. Fitz-Herb. Nat. Brev. fol. 175. Cook Institut. vol. 2. fol. 1, 2. An exemption from Secular Offices. Si home qui tient certeine terres ou tenements [Page 26]par reason de se terres dever estre elect Baillie, ou Reve, ou en auter tiel office pour se terres, ore si tiel home soit fait Clerke, ou deins sacres Orders, donc il ne devan estre elect pour se ter­res en tiel office. And if he be returned in such an Office, by the Kings Writ he shall be discharged; the words of which Writ are these, Cum secundum leges & consuetudines Regni nostri Angliae infra sa­cros ordines constituti ad offici­um Ballivi, &c. eligi non de­bent. And again, Acceperi­mus quod magistrum C. Offi­cium Ballivi, &c. manerii de. L. assumere compellere nitimini in ipsius grave damnum, & con­tra legem & consuetudines supra­dictas. [Page 27]Precipimus quod distri­ctioni & compulsioni, &c. om­nino supersedeatis, &c. An ex­emption from distresses on Glebes of Ecclesiastical Livings: A Writ being issuable,Id. fol. 174. Quod di­stresse ne soit pris en le Glebes de Parsons, ne Vicars, ne auter Minister found sur le Statute, de Articulis cleri: cap. 6. the words of which Writ are these, Rex Vicicomiti salutem, &c. 9 Edw. 2. Cum nuper ingressus fuisti in terris & tenementis Rectoriae de C. & Dominum. S. graviter di­strinxisti, & indies distringere non desistis in ipsius prejudicium & libertatis Ecclesiasticae mani­festam laesionem, & contra for­mam Articulorum de Clero, &c. Nos libertates Ecclesiasticas illae­sas [Page 28]observari volentes, precipi­mus, &c. An exemption of the Clergy from paying Subsidies a­mong the Laity, or by their taxing: In which case a Writ also lyeth,Id. fol. 176. Rex taxatoribus X. & XV. per communitatem Regni nostri Angliae, nobis ultimo con­cessarum, &c. Vobis mandamus quod S. Prebenda de B. in pro­priis bonis suis quae inter Spiri­tualia ad decimam taxantur & de quibus dat nobis decimam: ratione X. & XV. nobis per Laicos concessarum non molestetis sive in aliquo gravetis, &c. To exempt them fromNor did our Law allow more in this than the Pagan Prince Artaxerxes allowed to the Jewish Priests and Le­vites, Ezra 7.24. who com­manded that they should not impose Tolls and Customs on them. Passage, Castle­guard, Murage, Pon­tage, &c. A Writ also lyeth, That [Page 29]no Prohibition shall lie against the Proceedings of Ecclesiastical Courts in case of Tythes, Mortu­aries, Oblations, or Commutation of Penance on the instance of an Offender: Art. Cleri. 9 Edw. 6.2.1 2.3. That the Kings Prohibition shall not lie in Ex­commungement, unless where the Kings Liberty is prejudiced: Art. Cleri. cap. 12.9 Ed. 2.12. And several other the like Liberties and Im­munities.

Nor do the too frequent and impudent Rapines of vi­olent and tyrannical Powers, make the depilation of the Church, or the plundering of the Clergy become ever the less Illegal or wicked, A facto ad jus. non va­let conse­quentia. any more than frequent Rapes and Adulteries, [Page 30]or numerous Piracies and Rob­beries can change the nature of those facts, and make them ever the less Villanies. So that when on one side, we shall read in our Chronicles, Matthew Paris. the Symo­ny of William Rufus; or on the other side,Will. Mal­mesbury. his encouragement of the Jews to fight against the Christians, promising that if they overcame, he would become a Jew. We judge his Justice and Religion to be much of a sort, in one and the other.Stows Chron. For King John to spoil and plunder the Clergy; or to disseise his Barons, to condemn them without judg­ment of their Peers, and convert their Estates to his own use, are practices a like justifiable by the Fundamental Laws of this Land. [Page 31]And who would not have ta­ken it to have been a compleat character, that that insatiable gulph of Lust and Avarice, Hen. 8. gave of himself, that he never spared Man in his Rage, nor Woman in his Lust; if he had added but this one thing more, that he never pittied the helpless in his greediness? But those practices against his own Ser­vants, and these against Gods Church, have a like countenance by the Fundamental Laws of this Kingdom, and more became a Robber than a Prince; for Sub­ditos spoliare & opprimere, non regnum est sed latrocinium: To spoil and oppress Subjects, was more like a Robber than a King. Nay, it is not to be questioned, [Page 32]that this design of his, for the spoil of the Church, had went on, whether the Parliament had en­acted it or no; for in the year of our Lord 1532.Hen. 8.24. & Anno Regni 24. He suppressed the Col­legiate body of the Holy Trinity in London, and gave their Plate and Lands to his new Favourite and Keeper Sir Thomas Aud­ley; and did not tarry for the Act of Parliament, which came not forth till the year of our Lord 1535.27 H n 8. & Anno Regni 27. Nor durst the Parliament do less than humour him, for fear of their heads; he had so awed them, in not sparing the bloud of their Predecessors. And those who had the greatest integrity and courage, he quickly cut [Page 33]off out of the way of his de­signs. But do you judge now, would it not have been thought a blessed and a just act of him­self and the Commons, had they thus cut off the Revenues of the Barons? or if himself and the Lords had thus devested the Commons of their Estates? or if himself and the Clergy in their Convocation had thus enacted the disseizing of the Laity? But good God! What will not a powerful Leacher do, when Revenge and Gain spur him on one side, and he is sure to meet with nothing but helpless tears and words to oppose him? It is certain, there hath not been in the whole World so great a dishonour, [Page 34]and so vile a scandal to the Protestant Religion, as the im­pious practices of this dissolute Prince. And yet after all this, that he might gather together the fragments of this shipwrack't honour, which he had so rash­ly prostituted in the sight of all Christendome, he began at length to stick some little Fea­thers of the Geese that he had plucked, and made some small shew of Love to the Church whom he had Ravished, by raising, towards his latter end, here and there a little Bishop­rick, which by their indowments may be discerned to have pro­ceeded from a very moderate zeal, and by the slenderness of their Revenues, in respect of the [Page 35]rest of the Kingdom; as the Bishoprick of Oxon.31.32.33. Hen. 8. valued in the Kings books at 354 l. 16 s. 4 d. ob. founded Hen. 8.33. Peterborough valued per an­num in the Kings books 414 l. 19 s. 11 d. founded Hen. 8.31. Glocester valued per annum 315 l. 17 s. 8 d. Hen. 8. 31. The Bishoprick of Bristol va­lued per annum 338 l. 8 s. 4 l. Hen. 8.31. c. 9. And although he fingered the Revenue of the Bishoprick of Norwich, yet he substituted other Lands, and, to excuse the exchange, alledged that they were of more value than those he took, as is expressed in the Statute, Hen. 8.32.47.32 Hen. 8.47. This was a poor pittance in proportion to [Page 36]that he took, and yet was engaged by his Promise and Princely Word, to advance the glory of God; without which, the Commons (notwithstand­ing that dastardly fear they were possessed with) would never have past that Act for the Dissolution, 27 Hen. 8. So that we have a here fair example, how much such persons design the glory of God, or any counte­nance to Religion.

Nor doth that argument, which some have brought from any emergent Necessity of Affairs for any robbery or depila­tion of the Church, signifie any more to justifie such a pro­ceeding, than the former, brought from a number of [Page 37]impious facts. For first, Evil is not to be done that Good may come of it; and such it must be confessed to be, to take away mens Properties, and to spoil the Innocent. Nor is every thing that is called a necessity, such in­deed; or if it were,Justin. Ia­stitut tit. digest. 162. Quae propter necessitatem recepta sunt, non de­bent in argumentum trahi. Nor is it equal for any sort of men to spoil and disseise another sort on the pretence of pure necessi­ty, when it is indeed to the se­curity and ease of themselves; for this were to make those that are Parties Judges, which no Law ever allowed, nor them­selves would be content to suf­fer: Or supposing that necessity should supersede all right; suppo­sing, [Page 38]it should be lawful,Caiaphas Maxime, Joh. 11.50. to kill one Man to save a Nation, or to undo one sort of men, to save the rest; and withal, that such a necessity should fall on this Kingdom, I would fain know by what Law of God or Man, the Clergy only should be the devo­voted people, and that their main­tenance should be sacrificed more than the Estates of others? Josephs example in Egypt will hardly allow this, who for the preservation of the Lives of the Egyptians, when he took the Estates of other men to the Kings advantage, Medled not with the Lands of the Priests, Gen. 47.26. but left their Revenue as free as Pha­raohs, much less did he sell it to maintain or ease others. If ne­cessity [Page 39]must fall, let it fall on all men alike; Where all lift together the greatest load will become port­able. And truly, Maxime of the Com­mon Law. In pari necessitate potior est conditio possidentis: In like necessity the condition of the possessor is most advantageous.

The Law tells us,Bracton Lib. 2. fol. 12. that the Church is in the condition of ami­nor: Ecclesia fungitur vice mi­noris. And it is a strange piece of degenerous inhumanity to spoil a minor. Justin Ia­stitut tit. digest. 110. §. 2. Pupillus pati posse non in­telligitur. That Pupils should be exposed no Government ever al­lowed or indured. 'Tis true, there are some causes for which Cler­gy-men, as well as others, may be disseised, as in case of Treason, and the like.Mag. Char. cap. 29. But no man must be disseised before he is convict: [Page 40]Nor, when he is convict, can he loose more then he had, which in Ecclesiastical preferments is on­ly for the life of the Clerk; after his death, they do cedere succes­sori, go to the successor. And in the vacancy no wast is suffered by the Law, 14 Edw. 3. pro Clero, cap. 4, 5. in Manors, Parks, Ponds, or Warrens, &c. no fines are to be levied of Tenants, nor any under woods to be felled, nor any other thing done which may tend to the disherison of the Church: 14 Edw. 3. c. 4. & 5. pro clero. Nor will any consent of the possessors, if they should be so perfidious, make an alienation ever the more legal; for though they are usu­fructuaries, their interests extend but to their own times.Ulpian. lib. 46. Nemo plus juris ad alium transferre po­test [Page 41]quam ipse haberet: No man can transfer to others a greater right than himself had. And if such Estates should ever dis­continue from that use and end, whereunto (by the grants and wills of the Donors) they were orignally designed, they ought both in Equity and Law, to re­turn to them again, or to their Heirs. This is certain, that it is the most reasonable thing in the World, that every man should do what he thinks fit with his own; and this is as certain, that to pervert or frustrate the Will of the dead, is most inhumane. Testamen­tum authenticum nullus abrogat aut aliquid ei superaddit, Gal. 3.15. A Testament though it be but a mans, yet no man disanulleth, or [Page 42]addeth thereto. And truly, if the designs of those Donors should ever be frustrated, why should the Estates go any other way than to their Posterity? For this is most sure, That if they could have but suspected, that these Estates should ever be ta­ken from those bodies to whom they granted them, they would never have granted them from their own families. And there­fore that Oracle of the Law, my Lord Cook, Cook on Littleton, Lib. 1. fol. 13. plainly affirms, That if Lands be given to a body Poli­tique, such as a Mayor and Com­munalty, or to a Dean and Chapter; if the body Politique be dissolved, the Donor, or Grantor, and his Heirs shall reenter. And this Law is so far from being New, [Page 43]or the judgment of a private person, that it was urged by Edw. 3. in the like case, against the Pope, in a Letter written to him. For whereas the Pope, to make the dependence of all Clergy-men more absolutely on himself, had usurped a Power of dispo­sing of Bishopricks, and other Ecclesiastical Dignities, without Elections of the Chapters: The King in the behalf of the Crown, lets him know,This Ler­ter is to be seen in Tho. Wal­singham. That forasmuch as at the request of divers Popes, his Progenitors had gratiously given the Authority of Elections unto the particular Chapters, that if he would not suffer them to use that freedom and Authority that was so given them, that right devolved again on the first Grantor, which [Page 44]was the King. The equity of this Law was so obvious, that the Pope a long time after never interposed. For it is sure, that no distance of time can defeat succeeding Heirs of their right. Qui per Suc­cessionem, quamvis longissimam, defuncto haeredes constiterunt, non minùs haeredes intelliguntur, quàm qui haeredes principaliter existunt. This therefore is an implied and tacite Condition of all Grantors (but withal a most equitable Condition) that where they cannot have their Ends, which are so honourable and pious, their Grants should return unto themselves, or (which isViventis enim non est haeres. A Max me of the Common Law. Cooks Instit. equivalent) to their Heirs; which no Successi­on can spoil him off.

But methinks there is one thing more that puts the Right and Interest of the Church, in their Lands and revennues, out of all dispute in the World; and makes them appear by Law to be stedfast and unalienable for ever; and that is the Terms that the Laws bestow on Lands that are dedicated to Religious u­ses; viz. that they are in Mort­main, which is thus defined. Mortmaine est lou terres dones a Deane & Chapiter, ou a un auter Company que sont corporate per le grant du Roy, donque cest terre est devenu en mortmaine. Mortmain is where Lands are given to a [Page 46]Dean and Chapter, or to any Cor­poration which are incorporate by the Kings grant, then this Land is come into Mortmain; that is to say, into a dead hand. So that what is confirmed by Law so given; to take it again, is just so much honesty, as it is, to rob the dead. Magna Charta cap. 36. 7 Ed. 1. W. 2. c. 31. 13 Ed. 1.34. Ed. 1.15. Ric 2. c. 5. 23 Hen. 8. c. 10. Now although the Statutes of Mortmain do deter­mine that all things for the fu­ture given in Mortmain without such a legall License and allow­ance as they appoint, shall be void, and return to the Lords of the Fee, and for their neglect to the King; yet doth this (be­yond all question) ratify all [Page 47]such Estates given before those Statutes, or at any time since those Statutes given with such License; for the obtaining of which License this is the process, that a Writ be issued out of the Chancery, ad quod damnum, that is; whether such a Donation be any way detrimental to the King or o­thers; and if the Inquest return­eth that there is no wrong to the King nor others; the King grants his License, which then makes them firm and unalterable (where, by the way, we may take notice how strictly our Laws protect mens properties; that no man shall be wronged, [Page 48]although it be for the sake of God; much less, that God and his Servants shall have their pro­perties alienated to others (with­out their consent) the words of the Writ are these.Fitz-Her­bert Nat. Brevium Briefe ad quod domnum. Rex dilecto sibi J. de R. Escheatori suo in co­mitatu L. salutem, Praecipimus ti­bi quod per Sacramentum probo­rum & legalium hominum, de bali­va tua, per quos rei veritatem me­lius sciri poterit, diligenter inqui­ras, si sit ad quod damnum, vel pre­judicium, nostrum, vel aliorum, si concedamus B. quod ipse unum me­suagium, centum acras terrae, Deca­no & capitulo de M. & eorum suc­cessoribus, dare possit, & assignare. [Page 49]What then can be more clear than this, that if Lands given in Mortmain without the Kings License, since those Statutes, shall be forfeite; then those Lands given before those Statutes; or since those Statutes with such Li­cense, are confirmed; this being a most confessed axiom amongst all,Cooke In­stitut. lib. 1. cap. 1. Sect. 3. Exceptionem confirmare regu­lam. That an exception confirmes the rule. To be plain, the in­terest of the Church is so stedfast­ly founded by the Laws of Eng­land, that those that have been any time the Authors of Sacrile­gious-designes against the Church, have thought it their most suc­cessfull [Page 50]method, to bring some slurres and contempt, on those that are the dispensers of publique Justice, and whose continuall studies and business the Laws are; and therefore (besure, as there shall be occasion) they will speak meanly and unworthily of them, that they may be thought to be persons of little use, or illends. Nay, sometimes have the professors of the Laws, (when there have been aimes at the spoil of the Church) been prohibited the Parliament (that they might do things without consideration of right or wrong, of what is legal or illegal) and [Page 51]by express order, been rendred uncapable of being elected. As in 6 Hen. 4.Stow Chron. Anno 1402. The Parliament at Coventry was held without Law­yers, being by the Writ forbidden to be chosen; the words of the Writ are these. —Nolumus quod tu, sive aliquis alius Vicecomes Regni nostri praedicti, aut Apprenticius, aut alius homo ad legem aliquali­tur sit electus. We will that nei­ther your self nor any other She­riffe, or under-Sheriffe, (for so I conceive the word Apprenticius signifies there) nor any other per­son any way relating to the Law, be chosen. On occasions of which, our Historians call this Parlia­ment, [Page 52]Parliamentum Laicorum. A Parliament of meer Laicks; For although this exceeding learned and excellent Function (which requires vast study and experience to perfect it) be not sacred, yet in the sense of our Laws they are Clerks too, that are exceedingly well read and Learned as Clergy-men are, or should be. From which use of the name Clerk (by I know not what cause) there are no Pen and Ink-horne men now re­lating to the Law, termed Clerks but those that use Pen and Ink, in Courts, as Clerks of Parliament Roles, Clerks of Chancery, &c. [Page 53]But blessed be God that the Laws of this Kingdome are not so little cultivated or understood especi­ally by Gentlemen of any note or account in this latter age, but that the interests of the Church and religion are sufficiently conceived, and that by the con­stitution of this state, the Lands, both of the Clergy, and them­selves are so founded, that one cannot be attacqued, or invaded, without a manifest wrong, to the very settlements, and freedoms of the other. And therefore little doubt that so many hundreds or thousands should ever com­bine, to do any acts of wrong [Page 54]and unrighteousness to them, and therein (besides the violation of their trust and consciences) weaken and enfeeble themselves and their posterities for ever.

Nor have these Church-pre­ferments been entailed to the off­spring of the Peasantry, and com­mon people, which (for the most part) have not ability to give Education unto their Children, to qualify them for such Offices; but have generally been the re­ward and support of some bran­ches of the most ancient, and frequently of the most Honou­rable families of the whole King­dom; insomuch as those that [Page 55]have been born to sit with Prin­ces, have not disdained (by a sedulous and studious life) to fit themselves for those dignities. Nor did the Policy of any former ages esteem them ever the less qualified to serve their Princes, when they were so well prepa­red to serve God and his Church.

This little Catalogue that I have subjoyned, will let you see that the dignities of the Church have been the Seats for several of the greatest families of this Nation; which for the more speed I have set down promis­cuously, without any orderly marshalling: Thus, [Page 56]

• Agelnothus Bishop of Cant. was Son of Earl Agel­mare.
• Athelmarus Bishop of Winton was Son to Hugh Earl of March and Queen Isabel.
• Henry de Bloys Bi­shop of Cant. was Brother to King Stephen.
• Hugh de Pudsey Bishop of Durr­ham, was Earl of Northum­berland.
• Boniface of Savoy Bishop of Cant. was Ʋncle to Queen Eleanor wife of Hen. 3.
• Richard Talbot Bi­shop of London, was Allyed to the Tal­bots after Earles of Shrewsberry.
• Henry Beaufort Bi­shop of Lincolne was Son of John of Gaunt.
• [Page 57]Will. Courtney Bi­shop of Cant. was Son of Hugh Court­ney E. of Devon.
• Giles de Bruse Bi­shop of Hereford was Son of Will. Lord de Bruse.
• George Nevil Bi­shop of Exon was Brother to Richard Nevil Duke of Warwick.
• Thomas Peircy Bi­shop of Norwich was Allyed to the Pier­cies E. of Northum.
• Lionel Woodvil Bishop of Sarum was Son to Earl Ri­vers of Sarum.
• Thomas Vipont Bi­shop of Carlile was Allyed to Viponts then Earls of Westmoreland.
• Marmarduke Lum­ley Bishop of Car­lile was Allyed to the house of Lumley's.
• Walther Bishop of Durrham was Earl of Northum­berland.
• [Page 58]Julius de Medices Bishop of Wor­cester was Allyed to the house of Medices in I­taly.
• Nicholas de Lon­gespee Bishop of Sarum was Son to Will. Earl of Salisbury
• Will Dudley Bishop of Durrham was Son of Jo. Lord Dudley.
• Walter de Cantilu­po Bishop of Wor­cester was Of a great house in Normandy.
• Lewes Beaumont Bishop of Durr­ham was Of the Bloud Roy­all of France.
• Thomas Arundel Bishop of Cant. was Son to Rob. Earl of Arundell and Warren.
• [Page 59]James Berkley Bi­shop Exon was Son to the Lord Berkley.
• Rich. Scroope Bi­shop Cov. and Litchf. was Brother to Will. Scroope Earl of Wiltshire.
• Thomas Bourchier Bishop Cant. was Son to Hen. Bour­chier Earl of Essex.
• Roger de Clinton Bishop Cov. and Lichf. was Of the same family with Geofery de Clinton.
• Jo. Stafford Bishop Cant. was Son to the Earl of Stafford.
• Will. de Vere Bi­shop Heref. was Brother to the Earl of Oxon.
• Richard Beau­champ B. Here­ford was Allyed to Beau­champ then Duke of Warwick.
• [Page 60]Jo. Grandison B. Exon was Of the house of Grandisons Dukes of Burgundy.
• Edmund Audley B. Heref. was Allyed to Audley E. of Glocester.
• Hen. Burwesh B. Line. was Nephew to the Ba­ron of Leeds
• Jo. Zouch B. Llan­daff. was Brother to the Lord Zouch.
• Hen. Beaufort B. Linc. was Allyed to the Beau­forts E. of Dorset.
• Fulco Basset B. Lond was Lord Basset.
• James Stanly B. Ely was Brother to the Earl of Darby.
• Simon Montacute B. of Ely was Allyed to the Mon­tacutes then Earls of Salisbury.

I might extreamly enlarge this, if there were either time, room, or need so to do. And as for the Gentry, and the Law­yers, and Merchants, which ac­cording to the constitution of this Kingdome are to be had in no small regard; very few of all the Bishops of this Kingdome have been from any lower families than such; or if here and there one have risen from small begin­nings, it hath been extraordi­nary merit, parts, and industry, that have been the means of their promotions. And such unthought-off advancement is common to the Laity, as well [Page 62]as the Clergy, amongst whom, many of the now highest rank, may attribute their rise purely to the grace and favour of Prin­ces, who (as one saith) have so much of God in them (whose depu­ties they are) that they oftentimes raise the poor out of the dust, that they may set than with Princes, e­ven with the Princes of their people. And although these preferments and dignities in the Church, have in this latter age, fallen more generally to the hands of such, that have been the Branches of Knightly and Gentile Families, and not to those that are the Sprouts of Peers, there is no reason that [Page 63]the Peers should envy this honour and advantage unto those Worthy Families, and neither accept of those imployments themselves; nor be content that others en­joy them; there is no cause that while they esteem those advan­tages too small for the least Peers, they should conclude them too liberal, or splendid, for the best Commons. Especially when by a chargeable Education and a painful and industrious Life they have acquired learning and parts to be able to undergo them, to the glory of God, and the honour of their houses. It were most un­reasonable and disingenious, for [Page 64]the Nobility after themselves are entered into the Court of Honour to pull up a Draught-Bridg and shut to the Gates that none else may enter. There are but these two ways for the Commons by me­rit to aspire unto honours; by the Gown; and by the Sword. And if this way should ever be bayed up, the rest, of the pathes of the Gown, would become so wondrous rough and uneven, that there would hardly any ready way for them to come unto dig­nities remain, but what they could dig out with the Sword. For, as for riches, It is much more uncertainly attained by all [Page 65]industry, than Wisdom and Learn­ing; and if the rewards and incouragement of Learning and Piety should without all sense of Law, be ever withdrawn, we were likely to have States-men no further accomplisht, than the sight of a Court, and the instru­ction of a Theater could do it; which at most would be but this; that the first will teach them a phantastical dress, and the other as phantastical a Discourse; which would much prepare them to treat Ladies, but nothing at all enable them to contribute any thing towards the steering of a State.

As now things stand, Religi­on and the house of God have something else besides their na­tive purity and holiness, to in­vite the Gentry to take this Yoak on them; for if there be not a splendid, yet there is a convenient encouragement and maintenance for them; and if they are de­signed for other imployments; the road by which they are to trace Learning (that must fit them for great undertakings) is not without considerable helps. This (if I mistake not) is well enough understood; for there are very few families, especial­ly under the Equestrial degree, [Page 67]but either have now, or have had some branches of them pro­vided for in the Schools, Uni­versity, or the Church, or in all of them. Who are now for the most part the Schollers of the Schools of the most ample foun­dations of Winton, Westminster, Eaton, but Gentlemens Sons? who generally in the best en­dowed Colledges of the Ʋniversi­ties, but Gentlemens Sons? And in the whole Churches of Eng­land, where there is one person dignified that is not, there are three that are Gentlemen. Nay, what Family under the degree of honour in the whole Kingdome, [Page 68]is there, that hath neither Son, nor Nephew, nor Father, nor Ʋncle, that are not, or have not been incouraged, if not main­tained, by the revenue of the Church? I am sure, very few. And what ready way have Gentlemen that by misfortune, or illness of times fall to decay, to provide for their Children, but this? when none else will do a­ny thing for them, the solicita­tion and mediation of their friends will prevail that the most hopefull and promising of their off-spring will in this prudent and Religious manner be provi­ded for. Whereas if ever the [Page 69] revenues of the Church should be taken away, the consequent will be inevitably this; Learning shall decay, such Families be helplese, and Religion as a low and con­temptible thing come into the hands of none but those, that are, de Foece plebis, of the Scum and basest of the people.

And whereas those Harpies that gape for the spoyle of the Church, to consume it on Fidlers and Whores, do usually suggest the Prodigality of their Predeces­sors, in so liberal indowment of the Church: as if all the mainte­nance of the Clergie, and all the endowments of Schools and Col­ledges; [Page 70]and as if all the publique buildings, the monuments of piety and charity of the former Ages, had been Money out of their Purses, and meerly the good works of the Laity only; this is a very gross errour and mistake. I cannot indeed deny, but God hath in all times raised up some Pious and Munificent persons a­mongst them to be benefactors, especially by several Godly Kings to do glorious things to the en­couragement of Religious men, (and truly of whom should good be expected if not of those whose Office it is, to be nursing Fathers to Gods Church) yet ma­ny [Page 71]of the most ample foundations, and the best endowments for Learning, and Piety, have been shafts from the quiver of Clergy­men themselves, especially when they lived single, and made Con­science to leave their Inheritan­ces in the Lap and Bosome of her from whence they had received it. This the Law it self con­fesseth; and therefore although in the Statutes of Mortmain before mentioned, there is so perfect an investiture of the Lands given (without leave first obtained) in the Lords of the Fee, and in their neglect in the King: yet if Pre­lates, Clerks beneficed, or any Re­ligious [Page 72]person have purchased lands and have put the same in Mort­main, although they cannot shew that they have entred by due pro­cess, after license obtained, they shall yet be gently received to make convenient Fine, 18 Ed. 3. pro Clero. cap. 3.18 Ed. 3. pro Clero. cap. 3. I might fill a Vo­lume if I should attempt to give instance in all particulars of the pious works and Indowments that the Clergie in former Ages have done. But as a taste of the rest, I shall onely give examples of some of the most conspicuous and visible of them; such as Colledges dedicated to Learning, and Chur­ches, especially of the most [Page 73] stately and magnificent structure, dedicated to the honour and worship of God, and the like publique monuments; which I shal set down promiscuously, as they follow.

So that it appears that many of the best and most ample foun­dations, of the most noble and ad­mirable Piles and structures, of the most costly publique workes and buildings, that beautifie Cities and Ʋniversities, that make this King­dome famous in forrain parts; and [Page 79]that here serve for the glory of God, and the publick good, have been founded and indowed by the Clergie. The builders of the first Tower in the World that we read of, were justly chastised with confusion of their Language, for their rebellion against God, for they sayd, Gen. 11.4. Let us build us a Tower whose top may reach to Heaven; not that they designed that it should indeed touch Heaven, for then the whole Plain in the Land of Shinar had been too little for the foundation, nay, it may be the whole Earth it selfe; but the meaning is, a ve­ry high Tower, such as might be [Page 80]a place of sanctuary to them, a­gainst any future Deluge. For whereas they understood that the Waters in the Flood prevail­ed on the earth but fifteen cubits upwards, as Cap. 7.20. they imagined that this mole (so much above the tops of the highest mountaines) would secure them in the like case, and being made of Bricks too (which had endu­red the test of fire) might pro­tect them from the force of that furious Element, which they had traditionally received, should be the means of a second destruction of the World. Thus they thought to elude Divine vengeance, and [Page 81]to arme themselves against the force of Heaven, which nothing is able to effect but innocency and holiness of Life. And truly had they not thus erred in the main, the other lower ends of this work would not have failed them, which they express in the next words; Let us make us a Name, least we be scattered abroad upon the face of the earth: For cer­tainly it was a very likely means to perpetuate their Name and Glory, and was besides, as a Standard to which they might at any time repair in case of disper­sion. What these designed, though rebelliously against God, [Page 82]is really performed to us, by those noble and stupend structures devoted to Gods honour; it gets us both a name, and is as stan­dards for us to apply to in case of dispersion; as holy sanctuaries to fly too to seek the God of sal­vation; and cannot choose but be exceedingly the glory of the Nation, that is so much for the glory of the Lord. And this is a thing so confessed and certain, that Cromwell (that great enemy to every thing that was good) meerly for the greatness of the Workes, and because they were such Ornaments to the places where they are built, saved them [Page 83]from ruine, when nothing sacred was spared besides. But to con­clude, If it were not for Cathe­dral Churches, and the Sees of Bishops, our Noblest and most re­nouned Cities in the whole King­dome, would be of no more ac­count then the poorest, basest, and most pedling Burroughs. John, Mayor of Brackley would govern as noble society of men, as the Lord Mayor of London; and Wot­ton-Basset contend with Bristoll. For the Law defines a City thus, Citie est teil ville corporate que ad un Evesque & un Eglise Cathedral, A City is a Town-corporate, which hath a Bishop and a Cathedrall [Page 84]Church. And so Cassanaeus af­firming that there are in France 104. Cities, gives this reason of it, Pur ceo que la sont plusours Sees de Archieuesques & Euesques; be­cause there are so many Sees of Arch Bishops and Bishops. I know very well that there are too many fa­ctious and giddy people, that aim at nothing but parity and le­velling in Churches, Cities, Clergie, and People, in all persons and so­cieties; and that John may be a Lord, would have every Lord a meer John. They would debase and bring down all dignities and h nours to the rate and sieze of their own education and merits. [Page 85]But I spupose that I write to men of sobriety and reason; to men that have honours or estates to loose; and such I beleive do well un­derstand that the onely way to prevent ruine and confusion is the stability of the Laws, and the sted­fastness and continuance of the con­stitutions and Sanctions of this Kingdome. Non capitur, qui jus publicum sequitur. He shall never be insnared, that depends on the known and publick Laws. But if this dependance be ever removed out of the hands of that genera­tion of men that have fitted them­selves for holy services, the Laws that gave a security of those in­couragements, [Page 86]are turned into meer trapps and snares to invite them into Offices, Dignities, and Imploiments, and there leave them exposed, naked, and derided. Just as some Factious persons would have the Act of Ʋniformity become to all the Sober and obe­dient Clergie of the Kingdome, (that when it hath (under the severe penalty of Deprivation) exacted a Subscription and an ex­act Conformity; and by this means, drawn in a vast number of men, that were not altoge­ther so well satisfied in some particulars; because they would not incur the censure of unpeaca­ble [Page 87]men, of Separatists, of being stiffe and stubborn against Nation­all Laws; thinking, that for peace and order sake, it was but reasonable to lay aside some contracted prejudices, and sub­mit their private sentiments to the judgment of a Convocation and Parliament, especially for this, because they might not other­wise exercise their Ministery) that now some Law of Tolleration should be made, to let in all the stubborn and unpeaceable, and con­sequently, make the most obe­dient and honest hearted Clergie, pass under the character of Co­wards, Temporizers, Men of a [Page]large conscience, and the like, to their infinite reproach, and dis­couragement; the consequent of which (if it could be effected) would be inevitably this, that all sober and wise men (if in any thing they dissent from the publique opinions) shall be for ever discouraged from yielding up their apprehensions to the pub­lique quiet; least when they have done it, they be exposed to scorne and contempt, for their obe­dience. There is no prudent Man (I conceive) can have so low and dishonourable esteem of the greatest and gravest Coun­cil of this Kingdom, the Parlia­ment, [Page]to imagine that they should be so unstedfast to them­selves or others, to hearken to such suggestions, and so toss the Interests of the whole State like Shuttlecocks; or think so poor­ly of their Faith or Honour, that they should by severe penal­ties and strict Laws, hunt men into an intricate and troublesome duty and condition, upon hope of encouragement and reward, and then leave them in the lurch; or that Law-givers should ever unravel the whole texture of the present constitutions, to set up unrighteousness by a Law.