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Chip-Chace, Esquire, by whom he hath three daughters. Mary, the eldest daughter of Colonel Thomas Howard, married Ralph Fe therstonhalgh, of Stanhope, in the county of Durham, of an ancient family in the north; Margaret and Antonia were religious; Catharine married to Nathaniel Lacy, of Deeping, in Lincolnshire, Esquire, whose family were formerly Earls of Lincoln; and after married to Edward Lacy, of Brewry Castle, in the county of Limerick, Esquire, descended from the Earls of Ulster, in Ireland. Teresa, the youngest daughter of Colonel Thomas Howard, was married to Ralph Booth, of the county of Durham, Esquire, of an ancient family, related to the Lord Delamer, bearing the same name and arms, who

hath issue.

Thus hath this illustrious family spread itself over the three king. doms, and hath acquired so much glory abroad, that, in all places where nobility is known and understood, the name of Howard is honoured. Germany claims it by its original, France by alliance, and Italy by respect; having had that object of honour, Thomas, the great lord marshal among them, whose generous and noble disposition planted such lasting obligations there, that even in these present times some of his descendants have reaped the benefit. Cou rage has been so essentially due to this great family, that never any was known of that blood, that did not possess an excessive share of that virtue, which they generally employed in the service of their prince, few of them having been in rebellion; and it is wished they may never sully themselves with so black a crime, and, as they are descended from princes, so they may unite themselves in a true obe dience to their sovereign, which is the best defence of families; no thing being so fatal as faction and sedition, which has at all times proved a canker to consume them.

A TRUE

AND PERFECT ACCOUNT

OF

THE EARL OF ARGYLE'S LANDING

IN THE

NORTH OF SCOTLAND:

With the Particulars of that whole Transaction, London, Printed, and are to be sold by Randal Taylor, near Sta tioners-Hall, 1685, Folio, containing two pages.

SUCH are the restless practices of those disturbers of government,

the fanaticks, and their adherents, that, notwithstanding his majesty's repeated instances of pardon and indulgence, yet they continually

endeavour to raise commotions and disturbances, though to their inevitable destruction, of which, in a late account from Scotland, we shall particularly inform the reader.

That by the last post we have advice, that three ships of war, though but of small force, were discovered from off the island of Orcades, in the north of Scotland, and touched at a bay, and put two spies a-shore, to discover the posture the country was in, and whether it was convenient to make a descent; but the vigilancy of the governor was such, that the said persons were seized and secured, who not returning at the time appointed to their ships, those on board found themselves discovered, and thereupon thought it not convenient to land any men there, but steered their course farther northwards; and, approaching to another island of the Orcades, they landed forty men in their sloops, and, surprising a small village, seized upon, and carried away four of the chief inhabitants, and brought them to their ships, and then returned to the island, which had taken two of their men, sending word to the governor, that, unless they would restore them the said two men, they would hang those they had taken at the yard-arm, and all others they should hereafter seize, but were wisely and valiantly answered, that the said governor feared them not; that, in case they offered any violence to the said persons, the like should be returned upon the Earl of Argyle's lady, brother, and relations: and, as for the two persons taken, he would not restore them, but send them forward to Edinburgh, there to be tried and punished according to their demerit. They are now brought up before the council, and examined, and

Spence, one of them, is found to be a hardened sinner, one who had already undergone the torture of the boot, and has formerly had the benefit of his majesty's most gracious pardon. They are sent prisoners to the Tolbooth, and will suddenly be tried before the lords of the justiciary, if the parliament do not take cognisance hereof themselves; and the council forthwith ordered the appre hending the earl's lady, brother, and other relations, by way of reprisal, they having certain knowledge that the Earl of Argyle, with other fugitive traitors, in the late horrid conspiracy against the king and government, were a-board. But, God be praised, their présent designs are prevented, and the whole kingdom put into such a posture of defence, that they need not fear the malice of their enemies; and it is hoped by this time some of his majesty's frigates, who went in pursuit of them, have reached them, though they have taken a contrary course, and sailed towards the north of Ireland; but that kingdom also is in a like posture of defence, that they are not able to make any descent there, they being so insignificant in number and strength, unless they are infatuated with the frantick notion of the fifth monarchy men in England, that 'one of them would chace a hundred, and a hundred a thousand'. They displayed a blue flag, with this inscription, Pro Deo & Patria, pretending for God and their country; like the rebels, in the late times, that fought for king and parliament, when their design was to destroy both. This being a true account of the whole transaction, which I thought good

to publish, to prevent the many false reports about the same, and to defeat the expectation of the malicious, who cry up their numbers to be many thousands, when they do not make up an hundred.

A

LETTER WRITTEN TO DR. BURNET,*

GIVING AN ACCOUNT OF

CARDINAL POOL'S SECRET POWERS;

From which it appears, that it was never intended to confirm the Alienation that was made of the Abbey-lands. To which are added two Breves that Cardinal Pool brought over, and some other of his Letters, that were never before printed. London, printed for Richard Baldwin, in the Old-Bailey Corner, on Ludgate Hill, 1685. Quarto, containing forty pages.

I

SIR,

Have fallen on a register of Cardinal Pool's letters, which carries in it all the characters of sincerity possible. The hand and the abbreviatures shew that it was written at that time. It contains not only the two breves that I send along with this, but two other breves, besides several letters that passed between Cardinal Pool and the Bishop of Arras, that was afterwards the famous Cardinal Gran vel; and others, that passed between Pool and the Cardinal de Monte, and Cardinal Morone, and Soto, the emperor's confessor. There are also in it some of Pool's letters to the pope, and to Philip, then king of England; and of these I have sent you two, the one is to the pope, and the other is to Philip: But with these I shall give you a large account of some reflexions that I have made on these papers, since I hear that you desire I would suggest to you all that occurs to me upon this occasion.

You have given the world a very particular account, in your history of the reformation, of the difficulties that were made concerning the church-lands, in the beginning of Queen Mary's reign; and of the act of parliament that passed in her reign, confirming the aliena tion of them, that was made by King Henry the eighth; and of the ratification of it made by Cardinal Pool, who was the pope's legate, and was believed to have full powers for all he did.

You have observed there were two clauses in that very act of par liament, that shew there was then a design formed to recover all the abbey-lands. The one is a charge given by Pool, to all people that had the goods of the church in their hands, to consider the judg

Vide the 506th Article, in the Catalogue of Pamphlets, in the Harleian Library.

ments of God that fell on Belshazzar, for profaning the holy vessels, even though they had not been taken away by himself, but by his father: Which set the matter heavy upon the consciences of those that enjoyed these lands. The other was the repeal of the statute of Mortmain, for twenty years; for, since that statute was a restraint upon the profuse endowments of churches, the suspending it for so long a time gave the monks scope and elbow-room; and it is not unlikely, that, within the time limited of twenty years, the greatest part of the work would have been done: for superstition works vio. lently, especially upon dying men, when they can hold their lands no longer themselves; and so it is most likely, that, if a priest came to tell them frightful stories of purgatory, and did aggravate the heinousness of sacrilege, they would easily be wrought upon to take care of themselves in the next world, and leave their children to their shifts in this.

But I go now to give you some account of the papers that accompany this letter.

The first is the breve that contains the powers that were given to Cardinal Pool, besides those general powers or bulls that were given him as legate. This bears date, the eighth of March, 1554, and so probably it was an enlargement of the powers that were, as it is likely, granted him at his first dispatch from Rome; and therefore these carry in them, very probably, more grace and favour than was intended or allowed at first: for Pool had left Rome, the November before this, and no doubt he carried some powers with him; but, upon the remonstrances that were made by the emperor, as well as from England, it seems those were procured that I now send you.

The most uneasy part of this whole matter was that which related to the church-lands; for it is delivered in the canon law, that the pope cannot alienate lands belonging to the church, in any manner, or for any necessity whatsoever. And by the same canon, which was decreed by Pope Symmachus, and a Roman synod, about the year 500, the giver and seller of church-lands, as well as the possessor, is to be degraded and anathematised; and any church-man whatsoever may oppose such alienations, and, these notwithstanding, may recover the land so alienated.

The pope, acording to this decree, could not confirm the aliena. tions that had been made by King Henry; and, if he did confirm them, the act must be null in law, and could be no prejudice to the present incumbent, or his successor, to claim his right. Therefore, pursuant to this, the powers given to Pool authorise him only to in demnify and discharge the possessors of the church-lands, for the goods that they had embezzled, and for the rents that they had received; for it runs in these words (which I have marked in the breve itself, that you may readily turn to it) And to agree and transact with the possessors of the goods of the church, for the rents 'which they have unlawfully received, and for the moveable goods which they have consumed; and for freeing and discharging them for them, they restoring first (if that shall seem expedient to you) the lands themselves, that are unduly detained by them.'

By these powers it is plain, that the pope only forgave what was past, but stood to the right of the church, as to the restitution of the lands themselves: and that clause (if that shall seem to you ex pedient) belongs only to the order and point of time, so that the discharging what was past might have been done by Cardinal Pool, before or after restitution, as he pleased: but restitution was still to be matle; and he had, by these powers, no authority to confirm the alienations that had been made by King Henry the Eighth, for the time to come.

But these limitations were so distasteful, both in England and the emperor's court, that Pool found it necessary to send his secre tary Ormanet to Rome, for new instructions, and fuller powers: he addressed him to Cardinal de Monte for procuring them. Ormanet was dispatched from Rome, in the end of June, 1554, and came to Pool in the end of July, as appears by the date of Pool's letters to the Cardinal de Monte, which is the twenty-ninth of July, upon the receipt of the two breves that Ormanet brought him, bearing date the twenty-sixth and twenty-eighth of June.

The first of these is only matter of form, impowering him to act as a legate, either about the emperor or the King of France, in as ample manner as former legates had done. The second relates al most wholly to the business of abbey-lands; in it the pope sets forth, that whereas he had formerly impowered him to transact with the possessors of church-lands, and to discharge them for the rents unjustly received, or the moveable goods that were consumed by them; yet, since the perfecting of the reduction of England would become so much the easier, as the pope gave the greater hopes of gentleness and favour in that matter, he therefore, not being willing to let any worldly respects lie in the way of so great a work, as was the recovery of so many souls, and in imitation of the tender-hearted father, that went out to meet the prodigal child, impowers the cardia nal, according to the trust and confidence he had in him, to transact and agree with such of the possessors of them, by the pope's autho rity, for whom the queen should intercede, and to dispense with them for enjoying them in all time coming. But the salvo, that comes in the end, seems to take all this off; for he reserves all to the pope's confirmation and good pleasure, in all those things that were of sucht importance, that the koly see ought first to be consulted by Pool.

By these powers, all that Pool could do was only provisional, and could not bind the pope; so that he might disclaim and disown him, when he pleased: and the agreements, that he made afterwards with the parliament, were of no force, till they were confirmed by the pope. And as the pope that succeeded Julius the Third, who granted these breves (but died before the execution of them was brought to him for his confirmation) would never confirm them; so this whole transac tion was a publick cheat put on the nation, or at least on the possess sors of the abbey-lands; nor did it grant them either a good title int Jaw (I mean the canon law) or give any security to their consciences, in enjoying that which, according to the doctrine of the church of Rome, is plain sacrilege.

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