and Judicatures Decreeing Interdicts and Excommunications against the King his Judges Officers Lands Castles and Lay subjects for which Liberties they resolved to contend even unto Death The Archbishop was forced by the King and Barons to fly the Kingdom for this and other like Constitutions against whom they complained appealed and sent their Proctors to Rome Which Constitutions are yet Printed in Lâ—ndewood and Aton and urged for the Canon-Law of this Realm by some aspiring Prelates and Ignorant Canonists of late times saith Mr. Prynne though always opposed in such manner as hath been related Prynn's Exact Hist vol. 2. yea totally neglected or seldome put in use in times of Popery by those which made them as Lyndewood himself acknowledgeth in hâ—s Epistle to Henry Archbishop of Canterbury before his Provâ—nciale SECT V. The Kings Prohibitions Contemned 5. The King's Prohibition disobeyed by the Popes Warrant is another Grievance complained of in those days For Pope Eugenius hath so decreed That no Spiritual Judge shall stay from proceeding in any Cause termed Ecclesiastical in regard of the Kings Prohibitions c. Decernimus Extra de judiciis The Prohibitions sent by our Kings their Council Courts Judges to Archbishops Bishops Archdeacons Officials and other Ecclesiastical Persons were some of them against admitting Clerks to Benefices or Prebendaries till the Title were tried in the Kings Courts Some against holding â—lea of Advowsons of Chappels Churches Prebendaries or determining the Rights of Patronages to Churches Chappels and Prebendaries in Ecclesiastical Courts or before Popes Delegates Against Alienation of Lands in Capite in Mortmain or otherwise Against granting Administrations of Intestates Goods Debtors or Accomptants to the King till the Kings Debts satisfied Against Appeals to Popes Pryn's Hist of Popes Usurpations Vol. 2. p. 393 394 878 8â—9 or any other in cases of Certificates of Bastardy to the Kings Courts or trying Bastardy in Spiritual Courts their Canons crossing the Common Law therein Against Abbots or Convents borrowing or others lending them Moneys upon Bond without their joynt consent and the Kings c. Against Archbishops Consecrating Bishops Elect not approved of by the King after their Election Against their holding and meeting in Convocations or Council or acting and doing any thing in them â—ejudical to the King or Kingdom Some Prohibitions were aâ—â—inst Bakers imprinting the sign of the Cross Agnus Dei or â—â—me of Jesus upon Sale-bread Some against Bishops and other â—â—eir Officers citing Lay Persons to make Inquisitions Presentâ—â—ents or give testimony upon Oath or excommunicating them â—â—r not taking Oaths in any case except in matters of Matrimony â—â—d Testament being against the Kings Prerogative Law or â—ustom of the Realm c. Against their holding Plea of any Chatâ—â—ls or Goods which concerned not Marriage or Testament or 〈◊〉 Goods Testamentary for which there is Suit in the Kings Exâ—â—equer Against their Citing Excommunicating or Interdicting â—â—â—y of the Kings Barons Bailiffs Judges Officers Sheriffs for â—xecuting the Kings Writs or Misdemeanours in the execution of â—â—eir Offices or any of his Tenants in Capite or of his Demesne â—ands Cities Castles without his special License or Lieutenants c. Against Archbishops Bishops Convents or others presenting to â—ivings or Prebends belonging to the King during Vacations Against disturbing the Possessions of the Kings Clerks presented â—y him to Benefices or Prebends or Judgments in his Courts by â—ny process out of Ecclesiastical Courts or from the Pope or his â—eligates Against Suits in Ecclesiastical Courts Pro laesione fidei â—r breach of Oaths in civil Contracts Against suing there for Lands â—evised by Custom or Actions of Debt devised by the Testator Against Ordinaries malicious Excommunications or Arresting or â—â—prisoning Persons unjustly Excommunicated by them or for â—inging Prohibitions to prevent them Against the bringing of any â—ulls Letters from or sending any Letters to the Pope or Court of â—ome prejudicial to the King or Realm Against citing or drawing â—ny of the Kings Subjects for any Suits to Rome or out of the Realm â—y the Pope his Delegates or others Against collecting any Aid â—isme or Money for the Pope or others by the Popes Authority â—ithout the Kings special Licence and Consent by Popes Nuncioes â—egats Bishops or any others Against Popes Provisions to Beâ—ifices Prebendaries c. belonging to the Kings Presentation 〈◊〉 right of his Crown or by his Prerogative in Vacant Bishopricks â—onasteries Wardships or to his free Chappels or Churches imâ—ropriated Against Clerks and others going to Rome without â—aking a special Oath to procure nothing to the Kings or Kingdoms â—amage Against Popes Legates or Agents coming into the Realm â—nless sent for and taking an Oath to do or bring nothing to the prejudice of the King Church or Kingdom Against receiving or assisting a Bishop or Archbishop made by the Popes Provision Against Popes and their Delegates Sequestration of the Temporalties Goods and Profits of Monasteries Against Sheriffs or Gaolers detaining Clerks in Prison after demand by their Ordinaries Against the Cruce fignati or others going over Sea out of the Realm without the Kings special Licence Against offering violence to the Goods or Persons of Clerks Churches or Church-yards Against removing Moneys of Delinquents and Alliens out of Monasteries Against offering Violence to Jews or their Goods Against Noblemens siding with Bishops in their Quarrels Against Suits between Persons for Tithes when the Patron may be prejudiced or for the Money of Tithes sold until it be discussed by the King and Council whether the Right belongs to the King or whether the Cause belong to the King or the Ecclesiastical Court. Against Examining things in the Ecclesiastical Court that have been judged in the Kings Courts in cases of Presentations to Churches and the like Agasnst Womens Marriages who held Castles or Lands in Capite without the Kings Licence SECT 6. Restraint of the Common Law 6. Another Grievance was That the King was forbidden in causes of Clerks to use the Canon Laws of his Realm but is commanded to decide them only by the Common Law c. Quod Clericus de foro competenti Some Causes ever taken to be meerly Civil Usurpation against Common Law and to appertain to the Crown were drawn to the Ecclesiastical Authority As namely The right to determine Questions of Patronage whereof Pope Alexander the Third wrote to the King of England that it was to be tried by Ecclesiastical Laws and before an Ecclesiastical Judge cap 3. Extra de judiciis Again in some Causes Civil The King not permitted to use the Common Law in some Cases of Lay Persons the King was restrained from the use of the Common Law of his Realm though the same concern Lay Persons As when a Woman by Oath maketh release of her Joynture or Dower the temporal Judge is compellable by the Ordinary his Excommunication to judge of the Oath according to the Canon Law c. Licet jure jurand And where again an
Ecclesiastical Judge hath determined any Cause according to the Canon Law if the same Matter be brought befoâ—e a Temporal Judge he must alâ—ow the Judgment of the Spiritual Judge that it be pleaded before him cap. ult Extra de exeptionibus But contrariwise if a Clerk be first Condemned by a Temporal Judge the Canon Law hath no regard thereof nor receiveth any thing for proof that was done before him c. At si Clerici de judiciis SECT 7 7. That under the general colour of their Authority Civil Wrongs made Causes Ecclesiastical to mainâ—â—in Ecclesiastical Liberties some Wrongs offered to Church Men 〈◊〉 their Lands and Possessions which otherwise were to be tried â—y the Laws of the Land are by them drawn to their Courts as â—here Entries be made by Lay Men upon Church Lands Simon Mepham Archbishop of Canterbury in a Constitution by him â—nd the Clergy published in the year 1332 hath decreed that eâ—ery one which invadeth the Possessions of an Ecclesiastical Person â—â—all be judged a Violator of Ecclesiastical Liberty and for the same â—xcommunicate SECT 8. 8. Generally the Pope claimeth to be judge of his own Liberties The Pope sole Judge of his own Priviledges â—nd suffereth no Man to examine or determine of them but himâ—â—lf c. Cum venissent extra de judiciis Whereas it is an old Maxime in all Laws that Nemo in propria â—usa potest esse Judex That no Man can be judge in his own Cause especially if Judge and Witness too yea Pope Gregory the First â—â—d a whole Council denounced an Anathema against the Pope â—â—mself or any other that should presume to be a Judge in his own â—ause Sive in rusticano sive in urbano praedio whence Bartholomeus â—axiensis Dr. John Thierry and other Canonists in their Glosses on â—ratian do resolve down-right that Gratian Caus 16. qu. 6. Alvar. Pelag de Planctu Eccles l. 1. Artic. 34 35. Papa in sua causa Judex esse non â—bet That the Pope ought not to be Judge in his own Cause Yet â—lvarus Pelagius affirms the contrary upon this strong Presumptiâ—â— and Supposition Quod non debet aliquam causa a se remittere imâ—o non potest licet suspectus quamdiu est Papa Papa enim aut sanctus est â—â—t sanctus praesumitur non enim praesumendum est quod alias facit Papa â—am Christus vel Petrus cujus est Vicarius Successor That the Pope â—â—ght not to remit any Cause from himself yea he may not alâ—â—ough suspected as long as he is Pope for saith he either the â—ope is Holy or is presumed to be Holy for it is not to be presumed â—at a Pope can do otherwise than Christ whose Vicar he is or Peter â—hose Successor he is But this is a Maxime frequently resolved in â—aw Books by all the Judges of this Realm That none can be Judge 〈◊〉 his own Case who have farther adjudged That if an Act of Parâ—â—â—ment make any Man Judge in his own Case the very Act it self is void Law being against the Law of Nature which ought not to be violated â—â—d all Judgments given thereon are void SECT 9. 9. The Pope challengeth to himself Judgment of Oaths how far â—â—ey extend and how they are to be taken and giveth order for redress of the breach of them Where therefore every Prince at his Coronation taketh an Oath for the good Government of his Realm Princes called in question for their Government he is compelled to answer to his own Subjects at the Court of Rome to every Quarrel and Pretence of his Misgovernment as Matters falling within the Popes Authority to examine and reform the breach of Oaths So did Pope Honorius the Third in a Cause of a King of Hungary as appeareth in the Popes Decretals c. Intellect Extra de jure jurando One of their Canonists of great Reputation and a Cardinal writeth thus Si a Proceribus accusetur Princeps apud Pontificem non satisfaciat vel a Papa se poni potest vel a Proceribus voluntate Papae If a Prince be accused by his Nobles unto the Pope and doth not give Satisfaction either he may be laid aside by the Pope or by the Nobles at the Popes pleasure c. Alius 15. q. 6. SECT 10. Assurance betwixt the King and his Subjâ—cts disturbed 10. He taketh upon him also to assoil Men from keeping their Oaths whereby do grow Disturbances not only of Leagues betwixt one Prince and another but also of that Assurance which a Prince hath of his own Subjects and which sometimes the Subjects have of thâ— Prince in Composition of Quarrels that do happen between them Bellarmine in the Second Chapter of the Book against Barckley saith Pontifex potest d spensare in votis juramentis quae Deus ipse jussit reddâ— quorum solutio est de jure divino The Pope can give Dispensations froâ— Vows and Oaths which God hath commanded to be fulfilled and the keeping whereof is of Divine right Bellarm. lib. 4. de Pontifice cap. 5. And you need not wonder at this 〈◊〉 you consider what he saith elsewhere If the Pope did err saith he commanding Vices and prohibiting Vertues the Church should be obliged tâ— believe that Vices are good and Vertues are evil unless she should siâ— against Conscience In the year 882 Marin or Martin attained to the Papal Dignity of whom Platina saith that he came to the Popedom by ill way There was then one Formosus Bishop of Porto who by the will of Popâ— John IX had been obliged by Oath never to receive Episcopacy though it were presented unto him But that Marin delivered hiâ— from that Oath by a Dispensation giving him leave to be forswoâ— with a good Conscience At that time the Counts of Tusculum had such a Power at Româ— that they made Popes such as they listed Marin being dead the promoted Adrian the Third to the Popedom and after him Stephâ—â— the VII to whom Formosus succeeded who made no difficulty to râ—ceive the Popedom against his Oath This Formosus had but a shoâ—â— Reign he had Boniface the VII for his Successor whom Stephen the VIII succeeded who unburied the Body of Formosus and having arrayed him with his Priestly Robes put him in full Synod upon the Popes Seat Then having cut off his Fingers wherewith he gave the Blessing he caused him to be dragged and cast into the River Tiber declaring him a Perjured Man and an Unlawful Pope That Stephen for his Tyranies was taken by the Roman People and strangled in Prison To that Stephen Romanus succeeded and to him John the X both which restored Formosus again to his good Name For this John assembled a Council at Ravenna where all the Acts of Formosus were made valid and his Perjury approved But Sergius that succeeded abrogated all that and again unburied the Body of Formosus with a thousand Reproaches It is a particular stain to that Age
Englands Grievances In TIMES of POPERY Drawn out of the Canon Law Decretal Epistles and Histories of those Times WITH REASONS why all Sober PROTESTANTS May Expect no better Dealing from the Roman-Catholicks Should GOD for their Sins suffer them to fall under the Popes Tyranny AGAIN Collected for the Information and Satisfaction of the English Nation at this Time LONDON Printed for Joseph Collyer and Stephen Foster and are to be sold at the Angel on London-Bridge a little below the Gate 1679. To his much Honoured Friends RICHARD DUKE of OTTERTON High-Sheriff of the County of DEVON AND TO CLEMENT HERNE of HAVERINGLAND In the County of NORFOLK ESQUIRES The AUTHOR Dedicateth this Insuing Treatise Intituled England's Grievances in Times of Popery ENGLAND'S Grievances in Times of POPERY SECTION 1. IT appeareth as well by the Pope's Laws delivered in Decretal Epistles which were particularly and upon sundry occasions directed to the Bishops and other Clergy-men of this Realm of England in Popish times as also by the report of our English Histories that at such time as the Bishop of Rome had his full sway in this Realm the Authority of the King was so obscured as there was hardly left any shew of his Sword and Dignity And on the other side the Subjects destitute of succour by their Natural Prince and left to a most miserable spoil and rapine of the Pope and of such as it pleased him to give them in prey whereof these special Grievances here collected may serve for testimony besides a number of others which come not to my memory but may be easily supplied by any indifferent mans careful Reading GRIEVANCES 1. The first Grievance was The Exemption of the Clergy Exemption of the Clergy who being a considerable part of the Realm by reason that great numbers as well looking to Preferments that then were bestowed upon that State as also drawn by Priviledges and Immunities which they infinitely enjoyed above others sought to be of that number were wholly exempt or at least so took themselves to be from all Jurisdiction of the King and his Justices not in Ecclesiastical Causes only as then they were termed but even in Causes Civil and in Matters of Crime though the same touched the Prince and his Danger in the highest degree The Popes Laws to this purpose are to be seen in C. Clerici extr de Judiciis C. seculares de foro competenti in 6o. and a special Constitution Provincial of this Realm made by Boniface Archbishop of Canterbury in the time of King Henry the Third in the Council of Westminster or Lambeth Anno 1270 or 1272. vid. Prynne's Exact History of Pope's Intollerable Usurpations upon the Liberties of the King and Subjects of England and Ireland Vol. 2. lib. 4. c. 3. Johan de Aton Constitut. Guil. Lindwood Touching the Practice it is recorded in the Decretals that Pope Alexander III. in the time of the Reign of King Stephen wrote to the Bishop of London to take Order by his Jurisdiction in a Civil Controversie of Goods left in the Custody of a Clerk c. 1. de Deposito Likewise it doth there appear that in the time of King Henry II. Pope Lucius III. wrote to the Bishops of Ely and Norwich to compel a Clerk to save his Sureties harmless And to like purpose he wrote in another Case to the Archbishop of Canterbury King Henry III. pretending Title by his Prerogative or by the Common Law to certain Lands which the Archbishop of Canterbury claimed to be parcel of the possessions of his Church was compelled to answer the Bishop in that Cause in the Court of Rome Mat. Paris fol. 494. Adam Tarlton or d'Orlton Bishop of Hereford in a Parliament â—olden at London in the year 1324 was accused of Treason against King Edward II. as having aided the Mortimers with Men and Money against that King Being brought before the King and claiming his Priviledge to be judged by the Pope he was forthwith rescued by the rest of the Clergy After a few dayes the King caused him to be brought before him and when he should have been arraigned a thing till that time never heard of that a Bishop should be arraigned the boldness of the three Archbishops of Canterbury York and Dublin was very strange for they with ten other Bishops with their Crosses erected came to the Bar before the Kings Justices and took him from thence into their own Custody In his absence he was attainted with High Treason notwithstanding and his Temporalties were seized into the King's hand until such time as the King much by his device and machination was deposed of his Kingdom But though the King took away his goods yet he was not suffered to meddle with his Body Tho. Walsingham Hist Angl. p. 98 99. SECT 2. Restrainâ— of making Laws â—or Poliâ—y 2. Whatsoever Laws the King in his Parliament made which in any sort impeached the Priviledge or Liberty of the Clergy or touched their Lands or Goods were for that time holden by the Pope and his Clergy void and of no force And it helped not the King how just cause soever he pretended of any right appertaining to his Ancestors For so are the Popes Laws in precise terms save that some of the later sort reserve to the King Laws touching Services and some other rights in Church lands c. qu. Ecclesiarum de Constâ—t c. Eccles Sanct. Alar c. Noverit c. Gravem de Sententia Excommunicationis And some Popes were so jealous over Princes in the Point that they refused to allow Laws by them made to the benefit of the Church As where Basil Lieutenant to Odoacer King of the Lombards provided by Law in favour of the Church that no Prescription should make his Title good who had bought ought of the Church the Pope misliking that a Lay-man should deal in those Causes disannulled the Law c. â—ene quidem Distinct 96. The pract ce of this injury is notable in the dealing of Thomas Archbishop of Canterbury with King Henry II. For whereas the King in his Parliament had made very reasonable Laws in maintainance of the Ancient Rights of the Crown against the licentious Liberties claimed by the Clergy Among which one was That Clerks in Causes of Felony and Murthâ—r should be tried by the Laws of the Realm for that it was shewed unto the Parliament that then an hundred Mâ—rthers had been committed by Church-men So Nuburgensis noteth lib. 2. cap. 16. not duly punished whereto the said Archbishop and the rest of the Prelats gave their consents and bound themselves to the observation of them by their Oaths the Archbishop afterwards grudging at these Laws departed the Realm obtained at the Pope's hand Absolution from his Oath and forced the King to answer for those Laws in the Court of Rome where the King finding no favour that Garboil insued which after fell out betwixt the King the Pope and the Archbishop and many Murthers committed upon Clerks by the
he summoneth a Parliament at London by reason of the Complaints of the English against those Grievances which they could no longer tollerate without the brand of sluggishness and their own imminent ruin Great was the Indignation of the Pope against the miserable English for that they durst complain against their daily injuries and oppressions in the Council which he so multiplied that the English were more vile in his eyes and the Court of Rome than any other â—en of the remotest Nations Insolently saying It is expedient for 〈◊〉 to compound with the Emperour Frederick that we may trample the â—â—tle King of England under our Feet who now kicks with the heel aâ—â—inst us Then the King the Nobles Archbishops Bishops and Abbots â—ew up seven Articles in Parliament against the Popes Grievances â—â—d Oppressions 1. In Extorting and Collecting several Sums of Money by General â—axes and Assesses without the Kings Assent or Consent against the anâ—ent Customs Liberties and Rights of the Realm and against the Appeal and Contradiction of the Proctors of the King and Kingdom made 〈◊〉 a General Council 2. In hindering Patrons to present their Clerks to Vacant Livings and â—estowing them by Proviso's on other Roman Clerks utterly ignorant of the English Tongue to the peril of the peoples souls and impoverishing the â—ealm beyond measure by transporting Money out of it 3. In granting Pensions out of Livings by provision and more proviâ—â—on of Benefices than he promised after his Bull against them 4. That one Italian succeeded another That Subjects causes were â—â—awn out of the Realm by the Pope's Authority against the Custom of the Realm against the Written Laws that men ought not to be condemned among their Enemies and against Indulgences granted by his Predecessors â—o the Kings and Realm of England 5. The frequent mention of that infamous word Non-obstante in his Bulls by which the Religion of an Oath ancient Customs vigour of Writings the Established Authority of Charters Laws Priviledges were debilitated vanished away and his not carrying himself courteâ—ously towards the Realm in revoking the plenitude of his power as he promised 6. That in the Benefices of Italians neither their Rights nor sustentation of the poor nor hospitality nor preaching of God's Word nor the useful Ornaments of the Churches nor Cure of Souls nor Divine Services were performed as they ought to be and according to the Custom of the Countrey 7. That the Walls of their Houses fell down together with their Roofs and were dilapidated To which other Complaints to the King and Parliament against 〈◊〉 Court of Rome were super-added which they sent to the Pope by their respective Messengers with five several Letters two from the King to the Pope and his Cardinals a third from all the Archbishops and Bishops a fourth from all the Abbots and Priors the fifth from all the Earls and Temporal Lords speedily to reform all their Grievances to prevent unavoidable Mischiefs to the King the Pope and the Church of Rome and their revolt from Subjection to them They complained that the Pope demanded Knight-service due only to the King to Lords from their Tenants from Prelats and Clergy-men to find him so many Horse or Foot for half a year or pay a great Ransom in lieu of it under pain of Excommunication which they must reveal to no Man That he granted one years Fruits of all Benefices that fell void within the Province of Canterbury to Archbishop Boniface That he by sealed Bulls required the Abbots of the Cistercian Order in England to send him golden Jewels to adorn his Planets and Copes as if they might be goâ—â— for nothing That if any Clerk should from thenceforth die intestate his Goods should be converted to the use of the Pope which he commanded the Friers Preachers and Minors diligently to execute seizing on the Money Goods and Plate oâ— three rich Archdeacons which the King hearing of prohibited and by the common advice of his Nobles and Prelats in Parliament issued several successive Prohibitions to the Abbot of St. Albans and others not to pay any Tallage to the Pope or his Agents before the return of their Messengers to Rome against these Grievances under pain of seizing his Barony and to the Bishops not to exact or levy any such Tax for any Clerk Religious Person or Lay-man to the prejudice of his Royal Dignity against his and his Nobles Provisions in Parliament which he neither could nor would indure The Pope contemned the zealous Letters and memorable Complaints of the King and whole Kingdom against his Exactions requiring the Bishop of Norwich and others to levy a Subsidy for him at which all were amazed The King summons a new Parliament at Winton concerning the manifold Grievances of the whole Realm and especially of the Church wherein the Messengers sent to the Court of Rome reported That they could discern no Humility nor Moderation in the Popes Gestures or Words concerning the Oppressions wherein the Church and Realm of England were grieved and whereof they complained That when they expected a pleasing Answer the Pope told them The King of England who now kickâ— his Heel and Frederizeth hath his Council and I have mine which I will pursue That from that time scarce any English Man could dispatch any Business in Court yea they were all repelled and reviled as Schismaticks so as so many Epistles of the King and the universality of the Nobles and Prelats of the Realm had no efficiency at all At which Report the King and Nobles being much exasperated the King by their Advice commanded Proclamations to be made through all Countreys Cities Boroughs and Villages of the Realm that no Prelate Clerk or other Person throughout the Realm should consent to any Contribution to the Pope or transmit any Money towards his Aid or in any wise obey his Papal Commandement which was accordingly done The Pope hearing thereof wrote to the English Prelats more sharply than before requiring them under pain of Excommunication and Suspension to pay in the Aid he demanded to his Nuncio in the New Temple before the Feast of Assumption Hereupon the King was so terrified with the Popes Menaces that he and the Richest Prelats complied with his Designs paying 6000 Marks to the Pope to the great impoverishing of the Realm which was transported by the Pope's Nuncio and Merchants to aid the Landgrave against the Emperor Frederick part whereof he intercepting grievously reprehended the Effeminacy of the English and of Richard Earl of Cornwall for yielding to the Popes party to the Destruction of the Realm of England and detriment of the Empire The Pope intended to have interdicted the Realm of England had they not paid his 6000 Marks and the King by his Nuncio's signified his Compliance to it Now all the consolation and hope of relieving the English expired their Enemies being their Judges SECT 22. 22. Hereunto I shall add what I found in an Ancient Manuscript which briefly gives us an