To lose all title to their Estates, may seem a small matter, considering that they lose all power and jurisdiction, all right to Honour and Fame, (they and theirs being infamous) to Liberty also, and Life it self: But because loss of Property is great in consequence, let us stay a little on it. All that these pretended Heretics have, being confiscated, they are liable to a Seizure presently; and though their convenience will not serve them to seize on all, a long time after; yet in the interim, the poor Heretics are responsible; for all the (q)mean profits (it may be in our case, for a hundred, or two hundred years past); and all this while, they have no power to alienate or dispose of their Goods or ⟨p. 362⟩Estates, by Gift; Sale, Will, or otherwise; yea, not of any of it, by way of Charity, for they are not their own to dispose of. Hence all Wills, Sales, Contracts, for this purpose, (it may be for some ages together) are (r)null and void. And if the Heretic will venture to alienate any thing he has, he that buys it, does it at his peril(s); for though it pass from hand to hand many years, yet it may be taken away from the Purchaser, with whom it is found, (t)without restoring the price that was paid for it: and he that sells it, is a Cheat, and (u)sins mortally, if he gives not the Purchaser notice of the hazard, and tell him, that when he sells his Estate, or Goods, he has no right to sell them. If the pretended Heretic dye, and leave what he has to his (x)Children, it is no better than if he left them another mans Goods which he had no title to. Yea, though the Children be (y)Catholics, they lose their portion. But who are those that may take from ⟨p. 363⟩Protestants (or others whom they count Heretics) what they possess? why, any that will: Authority is given to all who-ever to Rob, spoil, or bereave us. So Sylvester, and others, quoting the Rabbis of the Pontifical Law for it. It is their determination, that in point of Law and Conscience, (z)all that will, have Authority to spoil us of what we have. What he adds, is matter of caution for more plausible proceedings in the spoil and robbery. It seems safe that this be not done but by special edict of the Prince, or of the Church; this is convenient, least otherwise one might seem to do it, rather out of Covetousness or Revenge, than out of Justice and Obedience.
To lose all title to their Estates, may seem a small matter, considering that they lose all power and jurisdiction, all right to Honour and Fame, (they and theirs being infamous) to Liberty also, and Life it self: But because loss of Property is great in consequence, let us stay a little on it. All that these pretended Hereticks have, being consiscated, they are liable to a Seisure presently; and though their convenience will not serve them to seise on all, a long time after; yet in the interim, the poor Hereticks are responsible; for all the (q)mean profits (it may be in our case, for a hundred, or two hundred years past); and all this while, they have no power to alienate or dispose of their Goods or ⟨p. 362⟩Estates, by Gift; Sale, Will, or otherwise; yea, not of any of it, by way of Charity, for they are not their own to dispose of. Hence all Wills, Sales, Contracts, for this purpose, (it may be for some ages together) are (r)null and voyd. And if the Heretick will venture to alienate any thing he has, he that buyes it, does it at his peril(s); for though it pass from hand to hand many years, yet it may be taken away from the Purchaser, with whom it is found, (t)without restoring the price that was paid for it: and he that sells it, is a Cheat, and (u)sins mortally, if he gives not the Purchaser notice of the hazard, and tell him, that when he sells his Estate, or Goods, he has no right to sell them. If the pretended Heretick dye, and leave what he has to his (x)Children, it is no better than if he left them another mans Goods which he had no title to. Yea, though the Children be (y)Catholicks, they lose their portion. But who are those that may take from ⟨p. 363⟩Protestants (or others whom they count Hereticks) what they possess? why, any that will: Authority is given to all who-ever to Rob, spoil, or bereave us. So Sylvester, and others, quoting the Rabbies of the Pontifical Law for it. It is their determination, that in point of Law and Conscience,
- (q)Talis clausula ipso jure vel facto, operatur restitutionem fructuum medij temporis—n•ma Die commissi criminis, non facit fructus suos, sed statim debentur fisco Fell. in cap. Rodolphus de rescript. Graff. ibid. n. 21.Talis clausula ipso jure vel facto, operatur restitutionem fructuum medij temporis—n•ma Die commissi criminis, non facit fructus suos, sed statim debentur fisco Fel. in cap. Rodolphus de rescript. Graff. ibid. n. 21.
- (r)Dona•io vel alienatio facta per haereticum ante damnationem non tenet—sicut facta damnatione bona alienare non possunt, sic nec ante illam a die commissi criminis, Sylv. ibid. n. 14. Habetque eousque vim talis sententia, ut omnes contractus, nempe donationes, venditionis, atque alij, etiam causa dotis, quos haereticus ab illo articulo secerit, hab•antur pro infectis, Soto. ibid.
- (s)Navarre. c. 17. n. 106.Navar. c. 17. n. 106.
- (t)Si haereticus alienavit, fiscus vel inquisitores non tenentur restituere pretium emptori, quia •ff•ctus damnationis re•ro trahitur, Sylvest. ibid. fiscus nullo emptoribus restituto pretio sibi adjudicat dicta bona. Soto. ibid. res quaelibet per delinquentem ali•nata a fisco vindicari possit a die commissi criminis, pretio ipsi emptori minime soluto. Graft. ibid. n. 17. Non solum revocabit rem▪ pretio non restituto emptori, qui emit ab haeretico: verum etiam nec •i qui emit, quantumcunque per plures manus transierit, a qui non habuit jus vendendi, haec Jo. Manald. Archidiaconus, & Jo. Andreus & idem. Directorium in Sylvest. ibid.Si haereticus alienavit, fiscus vel inquisitores non tenentur restituere pretium emptori, quia •ff•ctus damnationis re•ro trahitur, Sylvest. ibid. fiscus nullo emptoribus restituto pretio sibi adjudicat dicta bona. Soto. ibid. res quaelibet per delinquentem alinata a fisco vindicari possit a die commissi criminis, pretio ipsi emptori minime soluto. Graff. ibid. n. 17. Non solum revocabit rem pretio non restituto emptori, qui emit ab haeretico: verum etiam nec i qui emit, quantumcunque per plures manus transierit, a qui non habuit jus vendendi, haec Jo. Manald. Archidiaconus, & Jo. Andreus & idem. Directorium in Sylvest. ibid.
