State tracts, being a farther collection of several choice treaties relating to the government from the year 1660 to 1689 : now published in a body, to shew the necessity, and clear the legality of the late revolution, and our present happy settlement, under the auspicious reign of their majesties, King William and Queen Mary.

Abby and other Church-Lands, not yet assured to such Possessors as are Roman Catholicks; Dedicated to the Nobility and Gentry of that Religion.

SInce it is universally agreed on, that so great a Matter as the total Alienation of all the Ab∣by-Lands, &c. in England, can never be made legal and valid; and such as will satisfie the reasonable Doubts and Scruples of a religious and conscientions Person, except it be con∣firm'd by the Supreme Authority in this Church, tis evident that the Protestants, who assert the Church of England to be Autokephalos, and such as allows of no Foreign Jurisdiction or Appeals, having had these Lands confirmed to them by the King, as Head of the Chuech, the Convocation, as the Church Representative, and by the King and Parliament, as the Supreme Legislative Power in this Realm, have these Alienations made as valid to them as any Power on Earth can make them; but the Members of the Church of Rome, who maintain a Foreign and Supreme Jurisdiction, either in a General Council, or in the Bishop of Rome, or both toge∣ther, cannot have these Alienations confirm'd to them, without the Consent of one or both of these Superior Jurisdictions. If therefore I shall make it appear, that these Alienations in En∣gland were never confirm'd by either, I do not see how any Roman Catholick in England can, without Sacriledge, retain them and his Religion together.

As to the first of these, since there hath been no Council from the first Alienation of Abby-Lands in England to this Day, that pretends to be general, but that of Trent; we need only look into that for the Satisfaction of such Roman Catholicke as esteem a General Council above the Bishop of Rome: And I am sure that that Council is so far from confirming these Abby-Lands to the present Possessors, that it expresly denounceth them accursed that detain them. Sess. 22. Decret. de Ref. Cap. 11. Si quem, &c.

If Covetousness, the Root of all Evil, shall so far possess any Person whatsoever, whether of the Clergy or Laity, though he be an Emperor or a King, as that by Force, Fear or Fraud, or any Art or Colour whatsoever, he presume to convert to his own Use, and usurp the Jurisdiction, Goods, Estates, Fruits, Profits or Emoluments whatever, of any Church, or any Benefice, Secular or Regular, Hospital or Religious House, or shall hinder that the Profits of the said Houses be not received by those to whom they do of right belong, let him lie under an Anathema till the said Jurisdiction, Goods, Estates, Rents and Prosits, which he hath possessed and invaded, or which have come to him any manner of way, be restored to the Church; and after that have Absolution from the Bishop of Rome.

So great a Terror did this strike into the English Papists that were Possessors of Church-Lands, a∣gainst whom this Anathema seems particularly directed, that many of the zealous Papists began to think of Restitution, and Sir William Peters, notwithstanding his private Bull of Absolution from Pope Ju••••us the Fourth, was so much startled at it, as that the very next Year he endowed eight new Fellowships in Exeter-Colledge in Oxford. Again, the same Council,

Sess. 25. Decret. de R••f. c. 2 ••. Cupiens Sancta Synodus, &c. Decreeth and commandeth, that all the Holy Ca∣〈◊〉〈◊〉, and General Councils, and Apostolick Sanctions in Favour of Ecclesiastical Persons, and the Liberties of the Church, and against those that violate them, be exactly observed by eve∣••y 〈◊〉〈◊〉; and doth farther admonish the Emperor, Kings, Princes, and all Persons of what E∣state soever, that they would observe the Rights of the Church, as the Commands of God,

and defend them by their particular Patronage, nor suffer them to be invaded by any Lords or G••ntlemen wha••soever; but severely punish all those who hinder the Li••••w••••ies, Imm••••i∣ties and Jurildictions of the Church; and that they would imitate those excellent Princes, who by their Authority and Bounty encreased the Revenues of the Church; so far were they from suffering them to be invad••••,

and in this let every one sedulously perform his part, &c. And now after so full and express Declaration of the Council of Trent, I do not ••••e how any of those R••man Catholicks, who esteem a general Council to be the Supreme Authority in the Church, and receive the Trent Council as such, can any way excuse themselves in point of Conscience from these heavy Curses that are there denounc'd against all those that detain Church-Lands, especially since the Papists themselves ••eh••mently accuse King Henry the eighth for sacrilegiously robbing of Religious Houses, and seising of their Lands; a great p••••t of which Lands are to this very day possess'd by Papists. Now though there may be some Plea for the Popes Authority, in the interim of a general Council, and in such things wherein they have made no determination; yet in this matter there is no colour for any pretences, since the Council of Trent was actually assembled within sew years after these Alienations, and expresly condemned the possessors of Abby Lands, and after all this was all consirm'd and ra∣tified by the Pope himself in his Bulla Super conf. gen. Concil. Trid. A. D. 1564. And tho' we have here the Judgment of the infallible See, as to this matter in the Consirmation of the Trent Council, yet because there be some that magnifie the Popes extravagant and unlimited power over the Church, and pretend that he confirm'd the Abby-Lands in England to the Lay∣possessors of them, I shall shew. Secondly, That the Pope neither hath, nor pretends to any such Power, nor did ever make use of it in this matter under debate; only I shall premise, that whereas some part of the Canon Law seems to allow of such particular alienations as are made by the Clerks and Members of the Church, with the consent of the Bishop, yet such free consent was never obtained in England, and as to what was done by force, fraud, and vi∣olence, is of so little moment as to giving a legal Title, that even the alienations that were made by Charles Martell, who is among the Papists themselves as infamous for Sacriledge as King Henry the Eighth, yet even his Acts are said to be done by a Council of Bishops as is acknowledg'd by Dr. Johnston in his assurance of Abby Lands, p. 27. I shall proceed to shew, First, That the Pope hath no such power as to confirm these Alienations, and this is expresly determined by the infallible Pope Damasus in the Canon-Law. Caus. 12.9.2. c. 20. The Pope cannot alienate Lands belonging to the Church in any manner, or for any necessity whatsoever, both the buyer and the seller lie under an Anathema till they be restored, so that any Church-man may op∣pese any such Alienations, and again require the Lands and Profits so Alienated. So that here we have a full and express Determination of the infallible See. And tho in Answer to this it is urg'd by Dr. Johnston, that this Canon is with small difference published by Binius in the Coun∣cils, and so as to confine it to the suburbicacy Diocess of Rome; yet that this Answer is wholly trivial, will appear.

First, Because if the Bishop of Rome hath no Authority to confirm such alienations in his own peculiar Diocess where he hath most power, much less can he do it in the Provinces where his power is less.

Secondly, That in all Ecclesiastical Courts of the Church of Rome, it is not Binius's Editi∣on of the Councils, but Gratian's Collection of Canons, that is of Authority, in which Book these words are as here quoted.

Thirdly, Since this Book of the Popes Decree hath been frequently reprinted by the Au∣thority and Command of several Popes, and constantly used in their Courts; this is not to be look'd upon as a Decree of Pope Damasus only, but of all the succeeding Popes, and in the opinion of F. Ellis, (Sermon before the King, Decem. 5. 1686. p. 21.) what is inserted in the Canon Law is become the whole Judgment of the whole-Church.

Fourthly, It's absolutely forbid by Pope Gregory the Thirteenth, in his Bull presixed before the Canon-Law (A. D. 1580.) for any one to add, or invert any thing in that Book.

So that according to this express Determination in the Popes own Law, the Bishops of Rome have no power to confirm any such Alienations as have been made in England, and agreeable to all this Pope Julius the Fourth, (the very person that is pretended to have confirm'd these A∣lienations) declar'd to our English Ambassadors that were sent upon that Errand; That if he had Power to grant it, he would do it most readily, but his Authority was not so large. F. Paul's H. of Council of Trent, Lond. A. D. 1629. And therefore all Confirmations from the Bishop of Rome, are already prejudg'd to be invallid, and of no force at all.

Secondly, No Bishop of Rome did ever confirm them. The Breve of Pope Julius the Third which gave Cardinal Pool the largest powers towards the effecting this, had this express limita∣tion, Salvo tamen in his, quibus propttr renem magnitudinem & gravitatem haec Sancta sedes merito tibi videtur consulenda, nostro & prefatae sedis beneplacito & confirmatione, i. e. Saving to us in these

matters (in which by reason of their weight and greatness this Holy See may justly seem to you,

that of right it ought to be consulted) the good pleasure and confirmation of us and

of the holy See, which is the true English to that Latin, and that this whole Kingdom did then so understand these words, is evident from the Ambassadors that were sent to Rome the next Spring, Viz. Viscount Moitecute, Bishop of Ely, and Sir Edward Carn; (These being one to represent every state of the Kingdom,) to obtain of him a Confirmation of all those Gra∣ces which Cardinal Pool had granted. Burnet's H. Ref p. 2. f. 300. So that in the esteem of the whole Nation, what the Cardinal had done was not valid without the Confirmation of the Pope himself. Now this Pope Julius, and the next Marcellus both died before there is a∣ny pretence of any Confirmation from Rome; but this was at length done by Pope Paul the Fourth, is pretended, and for proof of it three things are alledged, First, The Journals of the House of Commons where are these words, After which was read a Bill from the Popes Holiness, confirming the doing of my Lord Cardinal, touching the assurance of Abby Lands, &c. Secondly, a Bull of the same Pope to Sir Will Peters. Thirdly, The Decrees of Cardinal Peol, and his Life by Dudithius: To all which I answer,

First, That its confess'd on all hands, that there is no such Bull or Confirmation by Pope Paul the Fourth, to be any where found in the whole World, not any Copy or Transcript of it, not in all the Bullaria, nor our own Rolls and Records, tho' it be a matter of so great moment to the Roman Catholicks of England, and what cannot be produced may easily be de∣nied. Nor can it be imagined that a Journal of Lay-persons that were parties concerned, or a private Bull to Sir Will, Peters, or some hints in the Decrees and Life of the Cardinal will be of any moment in a Court at Rome, whensoever a matter of that vast consequence, as all the Abby Lands in England shall come to be disputed, especially if it be observed, that this very Jour∣nal of the House of Common•• is no publick Record, but hath past through private hands, hath been corrupted and defaced, and that in Passages of the greatest moment, as are the words of W. Hakewell Esq in his Observation upon them 70 Years since, printed A D. 1641. And where∣as the Journals of the House of Lords are true Records, and kept by their proper Officer; there is not one word to befound of any such confirmation,

Secondly, If there ever was any such Buil, it had this limitation in it, that the Possessors of such Lands should bestow them all on Colleges, Hospitals, parochial Ministers, or other such like spiritual Uses? and this I prove,

First, Because the famous Instances that are usually given of the Popes Alienations of Church Lands, were only a changing them from one religious Use to another. Thus when Pope Clement the Fifth, A. D. 1307. supprest the Knights-Templars in this Nation, and seiz'd all their Lands and Goods, he gave them all to the Hospitaller of St. John of Jerusalem, and that was ratified in Parliament, 17. Edw. Second, which Act sets forth, That tho those Lands were escheated to the Lords of the Fee by the said Dissolution, yet it was not lawful to detain them. When Pope Clement the Seventh, A. D. 1528. gave Cardinal Woolsey a Power to surpress several Monasteries; he was to transferr all their Goods and possessions to his Collegiate Church at Windsor, and to Kings Colledge in Cambridge; and when the same Pope gave the same Cardi∣nal many other Religious Houses, it was for the endowing Christ-Church in Oxford, and his Colledge in Ipswich: And to Name no more, when Pope Alexander the seventh, A. D. 1655. suppressed the Order of the Fratres Cruciferi, he disposed of all their House••, Farms and Rights to such uses and pious works as he thought fit. Vide Bullar. Ludg. Vol. Ʋlt. Fol. 220.

Secondly, When this very Pope was attended with the English Ambassadors that came to his Confirmation, the Pope found fault with them,

That the Church-yards were not restored, saying that it was by no means to be tolerated, and that it was necessary to render all even to a Farthing, because the things that belong to God, can never be applyed to humane uses, and he that withholdeth the least part of them, is in a continual state of Damnation; that if he had power to grant them he would do it most readily, — but his Authority was not so large as that he might prophane the things that are dedicated to God; and let England be assured that this would be an Anathema, &c. F. Pauls H. of the Council of Trent;

p. 392. Sleidam Com. p. 779. And all this was said by the Pope within four Months of the pretended Consirmation.

Thirdly, The private Bull to Sir W. Peters bears date within two Months after the pre∣tended Confirmation, vide. Sir W. Dugdales Eccl. Col. Fol. 207. The Title of which Bull is this

The Bull of Paul the Fourth Bishop of Rome, in which he confirms to Sir W. Peters all and singular the Sales of several Mannors, &c. sometimes belonging to Monasteries, which the said Sir W. Peters is ready to assign and demile to spiritual uses. Then follows the Bull it self, which saith, That this Confirmation was humbly desired from us, and that there were reaso∣••••bre Causes to perswade it, viz. a Petition exhibited by the said Sir W. Peters, that the Mannors, &c. belonging to certain Monasteries, and fold to him by King Henry the Eighth, which he is ready to assign and demise to spiritual uses, may be approved and confirmed to 〈◊〉〈◊〉; wherefore the said Pope doth acquit and absolve him, being inclined by the said suppli∣cations, &c. By which Bull Sir W. Peters had no power given him to keep those Lands or 〈…〉〈…〉 them to his Heirs, but only to distribute them to such Religions uses as he thought 〈◊〉〈◊〉. Now it is a 〈…〉〈…〉 thing, that Sir VV. 〈◊〉〈◊〉 should 〈…〉〈…〉 for a

limited Dispensation, if the whole Nation, as is pretended, had been absolutely dispensed with but two Months before, without any limitation at all: So that either there was no such Ge∣neral Confirmation, or else it was limited, with the samo restrictions as that to Sir VV. Pe∣ters, Viz. To bestow them upon spiritual Uses. And this is the only probable Reason why in England this Bull is wholly suppress'd and lost.

In Confirmation of this, it may be ob∣served, that Cardinal Pool, notwithstanding his Dispensation, carnestly exhorted all persons by the Bowels of Christ Jesus, that not being unmindful of their Salvation, they would at least out of their Ecclesiastical Goods take care to encrease the Endowments of Parsonages and Vi∣carages, that the Incumbents may be commodiously and honestly maintain'd according to their Quality and Estate, whereby they may laudibly exercise the cure of Souls, and support the incumbent Burthens, and farther urg'd the Judgments that fell upon Baithazar, for convert∣ing the holy Vessels to prophane uses.

Fourthly, Queen Mary, who best understood what had been done, after the time of this pretended Confirmation from the pope, restored all the Church Lands that were then in the Crown, saying,

That they were taken away contrary to the Law of God, and of the Church, and therefore her conscience did not suffer her to detain them, &c.

When she gave them to the pope and his Legate to dispose of to the Honour of God, &c. she said,

She did it because she set more by the Salvation of her Soul than ten such Kingdoms.

Heylins H. Ref. p. 235. And to this Act of Restitution, she was vehemently press'd by the Pope and his Legate. F. Paul's H. of the C. of Trent, p. 393. Dudithius in vita poli. p 32. And these things thus restored by the Queen, were disposed of by the Legate to several Churches, Du∣dithius, ib. From all which it's evident, that neither the Pope, nor his Legate, nor Queen Mary knew of any such confirmations of these Alienations as would quiet the conscience without restoring them to spiritual uses.

Fifthly, Queen Mary, not only did so her self, but press'd it vehemently upon her Nobles and Parliament, that they would make full Restitution, Heylyn p. 237. Sleidan. p. 791. and several of them, as Sir Thomas, Sir VVylliam Peters, &c. who had swallowed the largest morsels of those Lands did make some sort of Restitution, tho' not to the Abbies themselves, yet to Colleges and Religious Uses.

Sixthly, This very pope Paul the Fourth, published a Bull, in which he threatn'd Excom∣munication to all manner of persons as kept any Church-Lands to themselves, and to all Prin∣ces, Noblemen, and Magistrates, that did not forthwith put the same in Execution. Heylin's Hist. Ref. p. 238. So that by a new Decree he retrieved all those Goods and Ecclesiastical Revenues which had been alienated from the Church, since the time of Julius the Second, Ry∣emt's Contin. p. 112. So improbable a story is it, that this Pope confirmed these Alienations in England. And whereas Dr. Johnston, p. 173. hath these words, Mr. Fox saith,

The Pope published a Bull in print against the restoring of Abby-Lands, which Dr. Burnet affirms also, Ap. Fol. 403.

It is notoriously false, they both asserting the contrary; Dr. Burnet's Words in that very place are these:

The Pope in plain terms refused to ratifie what the Cardinal had done, and soon after set out a severe Bull, cursing and condemning all that held any Church Lands.

Seventhly and lastly, The succeeding Popes have been clearly of this opinion. Pope Pius the Fourth, who immediately succeeded this Paul, confirm'd the Counoil of Trent, and therein dam∣ned all the detainers of Church-Lands; and tho he was much importuned to confirm some Ali∣enations made by the King of France to pay the debts of the Crown, yet he absolutely refused it, F. Pauls H. C. Trent. 713. Pope Innocent the Tenth, first protested against the Alienations of Church Lands in Germany, that were made at the great Treaty of Munster and Osnaburg. A. D. 1648. and when that would not do, by his Bull, Nov. 26. in the very same Year, damns all those that should dare to retain the Church-Lands, and declares the Treaty void. Infirmnentum pacis, &c. & Innocentii 10 me declaratio nullitatis. Artic. &c. and all their late Popes in the Bulla caenae do very solemnly,

Damn and Excommunicate all who usurp any Jurisdiction, Fruits, Revenues, and Emoluments belonging to any Ecclesiastical person upon account of any Churches, Monasteries, or other Ecclesiastical Benefices, or who, upon any occasion or cause, Sequester the said Revenues without the Express leave of the Bishop of Rome, or others, ha∣ving lawful power to do it, &c.

And tho upon Geod-Friday there is published a general Abso∣lution, yet out of that are expresly excluded all those who possess any Church Lands or Goods, who are still left under the sentence of Excommunication. Toleti Instr. Sacerd. and his Explica∣tio casuum in Bulla caenae Dni reserva.

From which consideration it's evident, that it never was the design of the Pope to confirm the English Church Lands to the Lay-possessors, but that he always urg'd the necessity of resto∣ring of them to religious uses; in order to which, the papists prevailed to have the statute of Mortmain repealed for 20 Years. In Queen Elizabeth's Reign the factious party that was manag'd wholy by Romish ••missaries, demanded to have Abbtes and such Religious Houses restored for their Ʋse, and A. D. 1585. in their petition to the Fa••hament, they set it down as a 〈◊〉〈◊〉

Doctrine, that things once dedicated to Sacred Ʋses ought so to remain by the Word of God for ever, and ought not to be converted to any private Ʋse, Bishop Bancrofts Sermon at p. c. A. D. 1588. p. 25. And that the Church of Rome is still gaping after these Lands, is evident from many of their late Books, as the Religion of M. Luther, lately printed at Oxford, p. 15. The Monks wrote Anathema upon the Registers and Donations belonging to Monasteries; the weight and essect of which curses are both felt and dreaded to this day. To this End, the Monasti•••••• Anglicanum is so diligently preserved in the Vatican, and other Libraries in the popish Countries; and especial∣ly this appears from the obstinate refusal of this present Pope to confirm these Alienations, tho it be a matter so much controverted, and which would be of that vast Use towards pro∣moting their Religion in this Kingdom.

If therefore the Bishops of Rome did never confirm these Alienations of Church-Lands, but earnestly and strictly required their Restitution; if they have declared in their Authentick Ca∣nons, that they have no power to do it, and both they and the last general Council pronounce an heavy Curse and Anathema against all such as detain them: Then let every one that posses∣seth these Lands, and yet own either of these Foreign Jurisdictions, consider, that here is no∣thing left to excuse him from Sacriledge, and therefore with his Estate he must derive a curse to his posterity. There is scarcely any Papist but that is forward to accuse King Henry the 8th. of Sacriledge, and yet never reflects upon himself who quietly possesseth the Fruits of it, with∣out Restitution, either let them not accuse him, or else restore themselves. Now whatever opi∣nions the papists may have of these things in the time of health, yet I must desire to remem∣ber what the Jesuits proposed to Cardinal Pool in Doctor Pary's Days, Viz. That if he would encourage them in England, they did not doubt but that by dealing with the Consciences of those who were dying, they should soon recover the greatest part of the Goods of the Church. Dr. Burnet's Hist. Vol. 2. p. 328. Not to mention that whensoever the Regulars shall grow numerous in Eng∣land, and by consequence burthensome to the few Nobility and Gentry of that perswasion, they will find it necessary for them to consent to a Restitution of their Lands, that they may share the burthen among others. For so vast are the Burthens and Payments that that Reli∣gion brings with it, that it will be found at length an advantagious Bargain to part with all the Church Lands to indemnifie the rest. And I am confident that the Gentry of England that are Papists, have found greater Burthens and Payments since their Religion hath been allow'd, than ever they did for the many years it was forbid; and this charge must daily encrease so long as their Clergy daily grows more numerous, and their few Converts are most of them of the meanest Rank, and such as want to be provided for: And that's no easie matter to force Converts, may appear from that Excellent Observation of the great Emperour Charles the Fifth, who told Queen Mary, That by endeavouring to compel others to his own Relegion, he had tired and spent himself in vain, and purchas'd nothing by it, but his own dishonour. Card. Pool in Heylin's Hist. Ref. p. 217. And to conclude this Discourse, had the Act of Pope Julius the Third by his Legate Cardinal Pool, in confirming of the Alienation of Church Lands in England, been as va∣lid as is by some pretended? yet what shall secure us from an Act of Resumption? That very Pope after that pretended Grant to Cardinal Pool, published a Bull, in which he Excommuni∣cated all that kept Abby-Lands or Church Lands, Burnet's Hist. Vol. 2. p. 3••9. by which all former Grants, had there been any, were cancell'd. His Successor, Pope Paul the Fourth, re∣trieved all the Goods and Ecclesiastical Revenues that had been alienated from the Church, since the time of Julius the Second; and the chief Reasons that are given why the Popes may not still proceed to an Act of Resumption of these Lands in England, amount only to this, That they may stay for a fair opportunity, when it may be done without disturbing the peace of the Kingdom. From all which it's evident, that the detaining of Abby-Lands, and other Church-Lands, from the Monks and Friars, is altogether inconsistent with the Doctrine and Prin∣ciples of the Romish Religion,