*Of the Statute of dissolution, that took away Impropriati∣ons from the Church.*

We must note touching that first Statute, the time wherein it was made, the persons by whom, the cir∣cumstances in the carriage and effecting of it, and the end why. The time, while it was yet but dawning of the day, or twilight of both Religions. The persons, then members of the Parliament, half of them I fear, if not the greater half, either absolute Papists, or in∣fected with Romish Religion; the other half yet in effect but 〈 in non-Latin alphabet 〉, and candidati restitutae religionis, and so could not by and by conceive all dependencies in so great a work, and what was fit in every respect, Page  170 to be provided for. The circumstances, incident to the businesse, as the great and strong opposition of the adverse party; which happily was so potent in Par∣liament, as if opportunity had not been taken at some advantage for passing of the bill, whilest many of them were absent, it had not passed so soon: and this might well cause haste in the carriage of it, and haste imperfection. How it fell out in that point I doe not know, but I have heard that anno 1. Mariae, when the Laws of H. 8. touching the Premunire, and of Ed. 6.* touching Religion were repealed, the matter was so handled as there were but 28. persons in the Parliament House to give their voice with the Bill, and yet car∣ried it; So in this businesse the great haste and desire to effect it, and the great matters aimed at, as the trans∣ferring of all Monasteries Livings unto the King,* made somethings in the Act to passe unconsidered, and no doubt amongst other these appropriate Parsona∣ges; which in truth are not named in that Act, but carried away in the fluent of generall words, wherein though Tithes be inserted, yet the word may seeme onely to intend such portions of Tithes as belonged to the Monastery it self, as many did, and not those belonging unto Appropriations, since the Appropria∣tions themselves are not there named. But I will excuse the matter no farther then equity; for after Religion had gotten some strength, the following Act of 31 H. 8. c. 13. gives them expresly to the King by the words, Parsonages appropried, Vicarages, Churches, &c. yet was all this done in the heat and agony of zeal then pri∣vily enflamed on all parts against the Romish religi∣on, insomuch as other inconveniences and enormities likewise followed thereon, as in Ed. 6. the burning of Page  171 many notable Manuscript Bookes, the spoiling and defacing of many goodly Tombes and Monuments in all parts of the kingdome, pulling down of Bels, Chan∣cels, and in many places of the very Churches them∣selves.

Moses for haste broke the Tables of the Law; and these inconveniences in such notable transmutations cannot be avoided, some corn will goe away with the chaffe, and some chaffe will remain in the corn; mans wit can∣not suddainly, or easily sever them. Therefore our Savi∣our Christ fore seeing this consequence delayed the wee∣ding out of the tares from the wheat, till the Harvest was come, that is, the full time of ripenesse and opportunity to doe it. Besides, light and darknesse cannot be severed in puncto, the day will have somewhat of the night, and the night somewhat of the day: the religion professed, brought something with it of the religion abolished, and the religion abolished hath somewhat still that is* wanting in ours; and neither will ever be so severed, but each will hold somewhat of the other: no rent can di∣vide them by a line. When the children of Israel came out of Aegypt, they brought much of the Aegyptian infection with them, as appeareth in the Scripture, and they left of their rites and ceremonies among the Ae∣gyptians, as appeareth in Herodotus. Therefore as Moses renued the Tables that were broken through haste, and time reformed the errors of religiō amongst the Israelites: So we doubt not but his Mty, our Moses, wil still proceed in repairing these breaches of the Church, and that time by Gods blessing wil mend these evils of ours. I will not take upon me like Zedechias to foretell, having not the spirit of prophecy, but I am verily perswaded, that some are already borne that shall see these Appropriate Page  172 Parsonages restored to the Church: let not any man think they are his, because Law hath given them him, for Tully himself the greatest Lawyer of his time, con∣fesseth, that, Stultissimum est existimare omnia justa esse* quae sita sint in populorum institutis aut legibus, Nothing to be more foolish then to think all is just that is con∣tained in the Laws or Statutes of any Nation. Ex∣perience teacheth us, that our own Laws are daily ac∣cused of imperfection, often amended, expounded, and repealed. Look back into times past, and we shall find that many of them have been unprofitable for the Common-wealth, many dishonourable to the king∣dome, some contrary to the Word of God, and some very impious and intolerable, yet all propounded, de∣bated, and concluded by Parliament. Neither is this evill peculiar to our Country; where hath it not reign∣ed? Esay found it in his time, and proclaimeth against it, Wo be unto you, that make wicked Statutes, and write grievous things. So Tully and the Roman Historians* cry out, that their Laws were often, per vim, & contra au∣spicia impositae reipublicae, by force and against all religi∣on imposed upon the Common-wealth. God be than∣ked we live not in those times, yet doe our Laws and all Laws still, and will ever in one part or other taste of the cask, I mean of the frailty of the makers. It is not therefore amisse (though happily for me) to exa∣mine them in this point, if the• be contrary to the Word of God, for I think no man will defend them, they leave them to be a Law. God cannot be confi∣ned, restrained, or concluded by any Parliament, let no man therefore (as I say) think that he hath right to these Parsonages, because the Law hath given them him; the law of man can give him no more then the Page  173 law of Nature, and God will permit. The Law hath given him jus ad rem, as to demand it, or defend it, in* action against another man, it cannot give him jus in re, as to claim it in right against God. Canonists, Civili∣ans, and common Lawyers, doe all admit this distin∣ction, and agree, that jus ad rem est jus imperfectum, right to the thing is a lame Title, they must have right in it, that will have perfect Title. The Law doth as much as it can, it hath made him rei usufructuarium, but it cannot make him rei dominum, the very owner of the thing. The books of the Law themselves con∣fesse,* that all Prescriptions, Statutes, and Customes against the law of Nature (or of God) be void and a∣gainst Justice.