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A70866 The first-[third] tome of an exact chronological vindication and historical demonstration of our British, Roman, Saxon, Danish, Norman, English kings supreme ecclesiastical jurisdiction from the original planting, embracing of Christian religion therein, and reign of Lucius, our first Christian king, till the death of King Richard the First, Anno Domini 1199 ... / by William Prynne, Esq.; Exact chronological vindication and historical demonstration of our British, Roman, Saxon, Danish, Norman, English kings supreme ecclesiastical jurisdiction Prynne, William, 1600-1669. 1665 (1665) Wing P4076; ESTC R14735 1,530,072 1,129

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Monuments vol. 1. p. 325. Nota. Nota. Mat. Paris p. 215 216. Fox Acts and Monuments vol. 1. p. 325 326. Nota. * The contrary appeared in both * Phil. 2. 9 10. An. Dom. 1208 Mat. Paris Hist Angl. p. 216 217. Nota. Pat. 9. Johan Regis m. 3 n. 22. R Pat. 9 Johan 7 ●gis m. 2. n. Pat. 9. Johan Regis m. 2. n. 15. Pat. 9. Johan Regis m. 3. n. 21. Ibidem * Hist Angliae p. 217 218. * Antiqu. Eccles Brit. p. 148. † In their Chronicles and Histories † William Caxtons Chronicle part 7. * Hist Angliae p. 217 218. * The King might more justly punish the parents of the Archbishop and Bishops who Interdicted England then they his Subjects and whole Realm for his pretended disobedience to the Pope Nota. * See Speeds Chronicle Book 9. Chap. 8. Sect. 40. p. 971. Godwins Catalogue of Bishops in the Life of Peter de la Roche Bishop of Winchester p. 173. in the Life of Philip of Poitiers Bishop of Durh●un p. 511. Claus 9. Johan Regis mem 5. Ibidem Pat. 9 Regis 11. Claus 9. Johan Regis m. 10. dors Additamenta Veta 23. Abbattum Sancti Albani p. 109. 110. Speeds Hist p. p. 570. 571. An. Dom. 1201. Mat. Paris p. 218. Mat. West p. 86. 87. Speeds History Book 9. ch 8. Sect. 40. p. 571 * Mat. Paris p. 218. Mat. Paris Hist Angl. p. 218. Mat. Westm p. 86 87. * Anno 1208. Pat. 9. Johan Regis m. 4. intus n. 23. * Fox Acts and Monuments vol. 1. p. 328. Anno Domini 1209. Mat. Paris Hist Angl. p. 218 219. Mat. Westm p. 88. * Mat. Paris p 218 219 220. Mat. Westm p. 88. * A Cooie or Cap of Lead Speeds Chronicle p. 571. a Anno 1209. p. 88. b Ms. c Centuria 3. Scriptorum Brit. c. 57. d Speeds History p. 571. e Mat. Paris Hist Angl. p. 219 220. * Omitted in Printed Copies f Ms. Speeds History p. 571. Mat. Paris An. 1207. p. 212. g Centur. 3. Scriptorum Brit. sect 57. p. 249. Anno 1209. Mat. Paris Hist Angl. p. 229. Edit Lond 1640. Anno. 1210. Mat. Paris Edit London 1640. p. 229. Mat. Westm p. 88. Historiae Angliae Edit Londi 1640. p. 229 230. * Behold the Popes Justice * It is a persecution in this Popes Judgment for the Emperor to demand restitution of his unjust Rapines according to his Oath * Excellent Papal Justice An. Dom. 1210. Mat. Paris Hist Angliae p. 220 221. Mat. West Holinshed Speed Grafton Stow Anno. 1210. * Mat. Paris Hist Angl. p. 227 228 229 230 231. Mat. Westm p. 87. * Mat. Paris Ibidem * Caxtons Chronicles pars 7. King John and Fox Acts and Monuments vol. 1. p. 326 327 328. * An undutifull obstinate Answer * A strangedisloyal Oath insolent Answer * Had he not just cause * By the Popes and Bishops instigation See Speeds Chronicle p. 571 572. † A Royal and Gracious Answer * A most ise● lent Reply * A strange unparallel'd An●christian Antimonarchical Message and Sentence delivered to theface of a King in his Kingdom in the presences of his own Parliament * He tells us not where it is written * A strange unparallel'd insolency contumacy * Answer to Cook part 2. c. 9. Speed p. 571. An. Dom. 1211 Mat. Paris Hist Angl. p. 221 222. Mat. Westm p. 89 90. * Equissimos had been better truer Mat. Paris Hist Angl. p. 222. Anno 1212. Hist Angl. p. 22● 223. Mat. Westm p. 92. * Acts and Monuments vol. I. p. 328. * Note the fruits of this Popes Interdict An. Dom. 1212. Mat. Paris Hist Angl. p. 223. Mat. Westm p. 91 92. Claus 14. Joh. Rs. m. 8. dorso Anno Domini 1213. Mat. Paris Hist Angl. p. 223. 224. Mat. Westm p. 92. 93. * Of being reputed a Turn-Tayle or Run-away for which offence he not only became for ever infamous but likewife forfeited all his lands goods hand and life too in some cases s●e Leges Canuti pars 2. c. 12. 14. Concil Aenhamens c. 24. Leges Cont●ssoris cap. De Heraetochiis Hom. ● c. 10. Gulielmi S●mneri Glossarium Tit. Fridwita Spelmanni Glossarium and Dr. Wats his Glossarium Tit. cnl. vertagium a Mat. Paris p. 2. Mat. Paris Hist Angl. p. 225. Mat. Westm p. 92 93. Mat. Paris Hist Angl. p. 2. 5 ●26 Mat Westm p. 9● 93. Nota. Anno 1213 a Chron. part 7. Johan b Speeds History p. 571. Fox Acts and Monuments vol. 1. p. 329. c In Phil. Augusto Speeds Hist p. 576. Mat. Paris Hist Angl. p. 227. Mat. Westm p 93. * All the premises prove the contrary that it was done by fraud force circumvention against his will and without the Barons advice * Observe that it is not said His Testibus but Coram H. c. they refusing to subscribe such an execrable deed Sealed and delivered only in their presence if at all Mat. Paris Hist Angliae p. 227 228. * How this came to be St. Peters Patrimony against his expresse precept 1 Pet. 2. 13 to 18. c. 5. 2 3 4. I cannot define * Book 1. Chap. 4. 5. Mat. Paris Hist Angl. p. ●28 ● Mat. Paris p. 228. 229. * Mat. Paris p. 229. * It was but Duodecim as the Record resolves Pat. 15. Johan Regis m. 12. Dorso parte prima Pat. 15. Johan m. 12. intus num 48. Pat. 15. Johan Regis ● 12. Pat. 15. Johan Regis parte secunda m. 8. Intus Claus 15. Johannis Regis parte 2. Dors m. 8. Pat. 15. Johan Regis parte 2. m. 8. intus Mat. Paris Hist Angl p. 229 230. * Lo the Kings transcendent humility to these Traytors who should have fallen down on their knees to him * Non Claus 15. Johannis Regis parte 2. m. 8. Dorso Claus 15. Johannis Regis pars 2. m. 8. dorso Claus 15. Johannis Regis pars 2. m. 8. dorso Mat. Paris Hist Angl. p. 229 230. Mat. Paris p. 230. Hist Angliae p. 230. 231. Rog Wendover n. s Speeds Hist p. 579. * Mat. Paris p. 230. Pat. 15. Johan Regis part 1. m. 11. 12. intus * Tit. 4 26. * Mat. Paris p. 233. * Misprinted injancto * A forgery for the Popes advantage * He was neither † A likely story * A very probable tal● that he should thus defame King John and yet be rewarded and advanced by him for this Embassy * A likely story * It was granted him 3 years or more before this fictitious Embassy * The true ground of this fiction and ●lander of King John * Note this Embassy or his relation of himself and King John * Speeds History p. 588. * Speeds History p. 588. * Hist p. 234. Speeds History p. 567 568. Mat. Paris Hist Angl. p. 235. * A true Character of Pope Innocent Claus 15. Johannis Regis parte 2. D●●s m 7. Mat. Paris Hist Angl. p. 236 237. * A very Royal Guard * Mat. Paris
to the Pope that the King had done soe much malice then hee was towards the King full wroth and sent two Legates unto the King that one was called Pandulfe and that other Dur●unt that they should warne the King in the Popes name that hee should cease of his Persecution that hee did unto holy Chirche and amend the wrong and the trespasse that hee had done to the Archbyshop of Canterbury and to the Priour and to the Monkes of Canterbury and to all the Clergy of England And that hee should restore all the goodes agen that hee had taken of them agenst their will and else they should curse him by name And to do this thing and to confirm the Pope toke them his Letters in Bulles Patents These two Legates came into Englond and came to the King to Northampton there that hee held his Parliament and full courteously they him salewed and said Syr we come from the Pope of Rome the peace of the holy Chirche and the Lond to amend And wee admonish you first in the Popes half that yee make full restitution of the goodes that yee have ravished and taken of holy Chirche and of the Lond and that yee receive Stephen Archbyshop of Canterbury into his Dignitee and the Priour of Canterbury and his Monkes and that yee yeld agen unto the Archbyshop all his Londs and Rents without any withhoulding And Syr yet moreover That yee shall make restitution unto all holy Chirche whereof they shall hould them well apaid Tho answered the King as touching the Priour and his Monkes of Canterbury all that yee have said I will doe gladly and all things that yee will ordeine But as touching the Archbyshop I shall tell you in my hert as it lyes That the Archbyshop leave his Archbyshoprick and that the Pope then for him would pray and then upon a venture mee should lyke some other Byshoprick to give him in Englond And upon this condition I will him accept and receive And neverthelesse as Archbyshop in England if hee abyde hee shall never have soe good safe conduyte but that hee shall be take Tho said Pandulph unto the King Sir holy Chirche was wont never to discharge an Archbyshop without cause reasonable But it ever hath heene wont to chastize Princes that to God and holy Chirche were disobedyent What how now said the King menace yee mee Nay said Pandulph But yee now have openly tould as it standeth in your heart And to you wee will tell what is the Popes will And thus it standeth that hee hath you hooly enterdyted and accursed for the wrongs that yee have done to holy Chirche and to the Clergy And forasmuch as yee dwell and heth in will to abyde in malice and in wretchednesse and will not come out thereof ne to amend yee shall understond that this time afterward the sentence is upon you geven and houldeth stede and strength and upon all tho that with you hath communed before this time whether they bene Earles Barons or Knights or any other whatsoever that they bee wee them assoylle safely unto this day And from this tyme afterward of what condition soever they bene wee them accurse that with you comyne ony word and doe wee sentence upon them openly and specially And wee assoylle clene Earles Barons Knights and all other men of their homages services and feautees that they should unto you doe And this tydynge to conferme wee geve plaine power to the Byshop of Winchester and to the Byshop of Norwich And the same power wee geve into Scotland to the Byshops of Rochester and of Salisbury And in Wales wee geve the same power to the Byshop of Saint Davids and of Landaff and of Saint Asse And moreover wee sente thrughout all Chrystendome that all the Byshops beyond the Sea that they doe accurse all those that helpe you or any Counsell giveth you in any manner nede that yee have to doe in any part of the World And wee assoylle them alsoe all by authoryte of the Pope and commaund them alsoe with you for to fight as with him that is Enemy to all holy Chirche Tho answered the King What may yee doe more to mee Tho answered Pandulph Wee say to you in the word of God that yee ne no Heyre that yee have never after this day may be Crowned Tho said the King By him that is Almighty God and I had wift this ere that yee came into my Londe that yee had brought mee such tydings I should have made you ride all one year Tho answered Pandulph Full well wende wee at our first cominge that yee would have beene obedyent to God and holy Chirche and have fullfilled the Popes Commandement And now wee have shewed unto you and pronounced the Popes will as wee were charged therewith And as now yee have said that if yee had wist the cause of our coming that yee would have do us to ryde all au hoole yeare And as well yee might have said that yee would have taken an hoole yeare of respyte by the Popes leave But for to suffer what dethe yee could ordeyne wee shall not spare for to tell you hooly all the Popes Message and his will that wee were charged with And anone tho commaunded the King the Shyriffs and Baylyffs of Northampton that were in the Kings presence that they should bring forth all the Prysoners that they might bee done to death before Pandulph for bycause the King wened that they would have gaynsaid their deeds for cause of the Dethe all thing that they had spoken afore When the Prysoners were come before the King the King commanded some to bee hanged and some to bee drawne and some to drawe out their Eyne out of their head And among all other there was a Clerke that had falsyde the Kings moneye and the King commanded that hee should be hanged and drawed And when Pandulph heard this Commandement of the King hee sterte him upright quickly and anone axed a Booke and a Candle and would have cursyd the King and all them that would set upon the Clerke any hand And Pandulph himselfe went for to seeke a Crosse And the King followed him and delivered him the Clerke by the hond that hee should doe with him what hee would and thus was the Clerke delivered and went thens And Pandulph and Duraunt his fellow wente from the King and came agen to the Pope of Rome and tould him that King Iohan would not amended bee but ever abode soe accursyd And neverthelesse the Pope graunted that yeare throughout all England that Priests might sing Masse in covenable Churches and consecrate our Lords body and give it to syck men which were likely to passe out of this World and alsoe that men might Chrysten Children over all the Londe And when the Pope wift and saw that the King would not bee under the rule of holy Chirche for no manner thing the Pope then sente to the King of Fraunce
one part he may cut away also another and so may his Successors and so the Empire should at last be brought to nothing and utterly destroyed which is against the Publique good and the end why the Empire is ordained Ex quo verè credo Whereupon I do truly believe that the aforesaid Donation De Iure cannot be of force to prejudice the Empire or the Successors He adds That praescriptio dat utile Dominium Ecclesiae praestitis tamen Tributis Censibus Imperatorum Directum non tollit Contra Principem non nisi quoad utile Dominium praescribitur because the Pope in using this Dominion doth it as the Emperors Deputy or Minister and in the Emperors name and so the Soveraignty still rests in the Emperor against which there is no prescription As for prescription by the Canon Law that is least available for the Pope For by the Canon Law there is required to a valid prescription TITULUS BONA FIDES Both which in this case of Constantines Donation and so in King Iohns too he saith seem to be wanting for there is a Title pretended where there is no Title at all quia datus per eum quidare non potuit and because the alienation is made contrary to Law as we have shewed Bona fides also is here wanting because the Pope and his Successors knew Res esse alienas hoc est Imperii Thus Albericus most clearly resolves whose words and reasons extend as fully to King Johns Charter as to Constantines pretended Donation to the Pope Antonius Rosellus noble both for his birth and learning in the Civil Law and other Literature though he defends the Donations made to Popes by Constantine Charles Lewes and Otho yet after long debate he concludes thus Firmiter teneo That as to those lands and territories which the Pope hath from antient times possessed by vertue of those gifts they are good for the possession profits utile Dominium seeing therin the Imperial right is not taken away SED DIRECTUM IMPERIUM EST PENES CAESAREM Directum Imperium est in ossibus Caesaris irremovibile vel inalienabile Habet ergo Papa executionem potestatis in the Territories given him but he hath not the Soveraign power over them that belongs to the Emperor who in all temporal goods and possessions is the Soveraign Prince For as we daily see the Emperor gives Dukedoms Earldoms or Kingdoms et tamen retinet in directo Dominio ipsam Inrisdictionem et Jus Imperii in ipsis bonis aut commissis even so in those gifts given by the Emperors to the Church or Pope JUS IMPERII et Jurisdictionem retinuit et retinet quamvis utile Dominium ejus et executionem potestatis Pontifici commisit He subjoyns The Donation to the Pope is good quoad proprietatem dominium particulare sed non quoad Jurisdictionem totalem Jus Imperii Although the Pope be capable of Imperial right quoad subsidium non tamen est capax principaliter ideo impossibile est per viam praescriptionis Nay it is impossible that in the same person should subsist the Imperial Authority and the Priesthood ideo impossibile est per viam praescriptionis He further resolves If there happen a controversie betwixt the Pope and the Prince concerning any meer temporal matter I think the Emperour himself ought to be Judge herein seeing in Temporal matters he is above all even the Pope himself ipse est Judex suae causae the Emperour is Judge in his own cause as the Law teacheth Therefore King John his Successors and Parliaments are meet Judges in the case of England by like reason who have adjudged this Kings Charter voyd He proceeds one step further Whereas the Popes to make sure that Authority which they use in the Patrimony of St. Peter cause the Emperour to swear that he will not exercise that Imperial Authority which he hath in those Lands but permit the Popes to enjoy the same as they have used tying the Emperours by this Oath from the exercise of any Imperial Jurisdiction in those Territories this learned Lawyer teacheth That Emperours indeed after they have once taken this Oath cannot intermeddle in those Lands but ought by vertue of their Oath leave the Jurisdiction therein to the Pope But withall he adds that seeing the Emperor retaineth still the direct dominion in those Lands which dominion he cannot possibly passe away to the Pope his Successors need not to take that Oath and not taking it saith he they may actually use their own Imperial Rights and Jurisdiction in the same and it were better they would do so Hugo Grotius one of the learnedest most judicious Lawyers Scholars of this later age positively concludes Rex partem populi alienare non potest nisi etiam pars de qua alienanda agitur consentiat accedente populi consensu libero alienari posse etiam à rege quid obstet non video Quare subscribere non possumus Jurisconsultis qui de non alienandis Imperii partibus adjiciunt exceptiones duas de publica utilitate de necessitate nisi hoc sensu ut ubi est eadem utilitas communis corporis partis facile etiam ex silentio etiam non longi temporis consensus populi partis intervenisse videatur facilius verò si etiam necessitas appareat At ubi manifesta est in contrarium voluntas aut corporis aut partis nihil actum debet intelligi Sub alienatione merito comprehenditur infeudatio sub onere Quare videmus a pluribus populis irritas habitas ut alienationes ita infeudationes Regnorum quas populis inconsultis Reges fecerant Populum autem consensisse intelligimus sive totus coiit quod olim apud Germanos Gallos fieri solebat sive per Legatos partium integrantium mandato sufficiente instructos Nam facimus quod per alium facimus d Sed nec pignori dari pars Imperii poterit nisi consensu simili non ea tantum de causa quod ex pignoris datione sequi alienatio soleat sed quod et Rex teneatur populo ad exercendum per se summum Imperium et populus partibus suis ad conservandum hoc exercitium in sua integritate cujus rei gratia in societatem civilem coitum est Patrimonium quoque populi cujus fructus destinati sunt ad sustentanda Reipublicae aut Regiae dignitatis onera a Regibus alienari nec in totum nec in partem potest Nam in hoc jus majus fructuario non habent Nec admitto distinctionem si res modicum videat quia quod meum non est ejus nec exiguam partem alienare mihi jus est sed in rebus modicis quam in magnis consensus populi ex scientia et ex silentio facilius praesumitur Existimat Barclaius Si Rex regnum alienet aut alii subjiciat amitti ab eo
to his perpetual infamy and intollerable damage dishonour of the Realm Nation 251 to 292. Walter Gray King John promised in his presence to grant all the Barons petitions which the Pope should deem just which they refused 347. recommended to York by the King but rejected by the Canons electing Simon Langeton whose election was nulled 349 350. See Ebor. Walter de Cantelupo elected confirmed consecrated by the Pope without difficulty 484. Opposed Otto the Popes Legates Canon against Pluralities in the Council of London as prejudicial to Noblemens Sons 488. chosen an arbitrator between the Bishop of Lincoln his Dean and Chapter in the difference about their Visitation 509 Consecrated the Archbishop of Ardmach at Westminster 566. A Prohibition to him as Popes Delegate to proceed in the cause between the Bishop Dean and Chapter of Lincoln as prejudicial to the Kings Crown Dignity 576 577. Joynes with Grosthead in threatning to Interdict the Kings Chapples if he desisted not from persecuting the Bishop of Winton 590. The Popes Epistle to him to prosecute that businesse and send the names of all whisperers to him who incensed him against the Bishop 593. His other Bishops petition that the Prior and Monks of Canterbury might use no new Jurisdiction over them to disturbe the peace of the Clergy or Realm the Kings Prohibition thereon to them 600. Very dear to the Pope as created by him suspected to the English as apt to do any thing to the Kingdoms prejudice to please the Pope he departs suddenly out of the Realm to him 626. The chief of the Papal Bishops who promoted the Popes extortions disswaded Earl Richard and the King from opposing them having a power from the Pope to Interdict the Land by whose counsils the King being swayed effeminately relinquished his manly resolutions to withstand the Popes intollerable exactions trembling for fear of the Popes menaces 675. This Bishop imitating Grosthead in passing through his Diocesse by himself or his Clerks specially designed to visit it compelled as will Freemen as Villains without the Kings special command to take an Oath to make Inquisition according to his will against custome and the excellency of the Royal Dignity from whence great scandal and schism were engendred in the people Whereupon the King issued a Writ to the Sheriffs of Gloucester and Worcester commanding them that they should from thenceforth permit no Lay-person to appear before the said Bishop or his Clerks for the cause aforesaid so as he might be able justly to commend their diligence therein which quelled this his usurping innovation 705. Summoned to present at St. Edwards Feast at Westminster to honour and adore the false relique of Christs blood 715. Present with other Bishops in Parliament who joyned in a sharp reprehension of the King for violating the Churches Liberties and freedom in Elections denyed him an ayde then departed in discontent 721 722. One of the Bishop of Durbams provisors to retain 3 Mannors of his Bishoprick during life upon his surrender thereof 724. The Popes principal Commissioner Agent to publish his general Letters through all Bishopricks for a collection of Dismes and redemption of Vows for Richard Earl of Cornwall 731 732. The Popes command to him to absolve William Beauchamp the Kings Sheriff of Worcester and others from an Excommunication denounced by him against them for things belonging to the Kings Court to his prejudice or else the Archbishop to absolve them a Parent of Procuration by the King thereupon 735. The Kings Letter to the Pope to call him to an account for the Crosse-money and redemption of Vows received or distributed 758. Appointed one of the preachers of the Crosse to all the Londoners summoned to Westminster by the King 766. Joynes with Bishop Grosthead in opposing a Tax and Disme granted by the Pope to the King 771. Collectors assigned in his Bishoprick for the Disme granted the King in Parliament 814. Writs to them to hasten the Collection 917 1034. Protested he would rather be hanged then yield to such an insupportable exaction as Rustand demanded for the Pope from the English Prelates and Clergy 823. Excommunicated some of the Sheriff of Worcesters Bailiffs for distreining upon his Lands after which an Attachment and Distringas issuing against him for this contempt he released his Excommunication whereupon the King suspended his Attachment and Distringas 860. One of the Kings Counsil the Bishop of Ely his Will produced under his Seal 965. A Writ to him to sequester the Benefices of John Walerand an accountant and debtor to the King 978. A Writ to his Official prohibiting the citing of any of the Kings Clerks to answer for their Benefices out of the Realm 981. One of the Kings Proxies and solemn Nuncioes before the French King and Popes Legate Arbitrators of the differences between him and his Barons 1002. Peremptorily adhered to the Barons Constitutions at Oxford against the King asserted that the King having sworn to them the Pope had no power to absolve him from his Oath nor reverse those Provisions made and sworn to by common consent drawing with him many false Prophets into this his error ravenous Wolves in Sheeps cloathing against the Vicar of Christ and the Lords anointed their own King muttering not what the Holy Ghost gave them to utter but what the object of the supreme power this Bishop to gainsay 1016. The night before the battle of Lewes he absolved Simon Earl of Leicester and all his Souldiers Complices from all their sins commanding them upon the remission of their sins to fight manfully for justice the next day promising entrance into the Kingdom of Heaven to all who dyed in that cause 1022. Publickly excommunicated by name in the Council of Northampton by the Popes Legate for siding with and encouraging the Barons against the King He soon after dyed basely 1018. Godfry Gifford the Kings Chancellor elected Bishop one of the 6. persons chosen in and by the Parliament at Kenelworth to elect 6. more who upon their Oath were to draw up Articles tending to peace and settlement between King H. 3. and those who had been and then were in armes again him who thereupon drew up the Statute of Kenelworth 1019. The King upon his election presently granted him the profits of the Bishoprick during the vacancy belonging to the Crown of antient right towards the repair of the houses and edifices then fallen to decay gave him a special license to fence his houses within the Close at Worcester and at Widdington in Gloucester-shire with a wall of stone lime and battlements in form of a Castle by two special Patents and so to hold them to him and his successors for ever without question or impediment of him or his Heirs 1038 1064. His seal and testimony to Pope Martin the 4th his acquittance for 4000. Marks received from King Edward the 1. by his Agents for his use for some years arrears of the annual rent granted by King John to the Pope and
papal Divinity Law in that age 872. 873 to 890. No particular person can wave alter decline the Jurisdictions of the Kings Courts by his Contract oath nor give a Jurisdiction to Ecclesiastical Courts in Temporal matters contracts nor yet the Pope by his Bulls 872 to 890. Popes and popish Usurers endeavoured to do it by clauses in their Instruments priviledges contracts with our Kings 452. 453. 454 767. 768. 846 919. 931. 1001. 1002. and the Bishops by their Constitutions 998 to 913. See Prohibitions Popes Popish Canonists Prelates by their Constitutions exempted themselves Clerks Lands Goods Churches from all Emperours Laymens Jurisdiction Judicature Courts Laws Taxes for publick defence as subject onely to Gods judgement and their own and their very Concubines Harlots too 5. 6 7. 8. 874. 878. 886 897. 898 to 9●2 Popes have no Jurisdiction in Temporal things or affairs 258. 259. 260. 278. 279. 360. 361. 473. 478. 872 882. When how Jurisdictions may be altered transferred and how to be excepted against 887. 888. Encroachments of Jurisdiction by Popes their Legates Delegates Archbishops Bishops Ecclesiastical persons Courts restrained by Kings Prohibitions 872 to 913. Appendix 8 9. See Prohibitions Jus Patronatus 971. Justices Itinerant licensed by Archbishops to give Oathes and impanel Juries in times prohibited by Canons at the Xings petition 394 407. K. KIngs particularly Kings of England Gods Vicars upon Earth chief Governors Patrons Protectors of the Church Christian Religion Gods Worship 1 2 3 4 5 872 873. Their Ecclesiastical Supremacy over all Prelates Priests persons causes within their Dominions in what particulars it principally consists Ibid. Popes claims and pretended Soveraign Monarchy Jurisdiction over them and their Kingdoms 5 6 7 8. Popes Popish Canonists exempt all Prelates Clergy-men their Lands Goods yea Concubines from their Jurisdiction Laws Taxes Judicatures for civil criminal matters as well as Ecclesiastical and make them meer cyphers 5 6 7 8 9. Excommunicate Interdict depose them absolve their Subjects from their Allegiance dispose of their Crowns Kingdoms at their pleasure See Frederick 2. Otho King John Henry 3. Index 10 12 14. Absolution Excommunication Interdicts Oaths Their Papal Titles to all their Kingdoms Territories 9 291 292. Our Kings Soveraign Authority Jurisdiction in Ecclesiastical as well as Civil things derived only from God not Popes 1 2 3 4 229 305 323 324 325 326 571 576 582 583 592 688 720 721. Their care duty zeal Writs endeavours to preserve defend the antient just Rights and Prerogatives of the Crown Kingdom against all Papal and Prelatical Usurpations in England Ireland France 227 228 230 232 233 236 237 239 240 to 273 300 301 302 303 323 324 326 338 356 586 592 593 to 598 640 641 644 645 663 710 727 739 740 962 963 964. Appendix 7 to 12 24 25. See Prerogative Prohibitions and Index 3 4 5 10 12. Right in Bishops elections dispensed with it out of special grace in some cases of Elections in Ireland See Index 4. and Elections Excepted out of Archbishops general Excommunications See Excommunications His Grants Acts by misinformation or circumvention nulled 304 373 374 482. They cannot alien their Crowns Kingdoms Crown-Lands without their Barons Subjects consents being against their Oaths trusts duty and Trustees of them only for the publick safety benefit of their Subjects 273 274 275 289. 290 291 316 to 329. Such alienations resumed Ibid. See Alienation Resumption Their care duty Oath Writs to preserve defend protect the just Rights Liberties of the Church Prelates Clergy in their persons possessions whereof God hath made them Defenders without prejudice to their Crowns and Royal Prerogatives See Index 2 3 4 5 6 10 12. p. 227 229 230 2●3 234 242 251 252 279 323 324 334 335 336 380 381 571 57● 575 576 58● 592 593 6●6 637 666 667 668 670 to 675 678 680 688 689 716 748 749 928 929 968 995 to 1007 1016 1017 1027 1028 1033. Obliged to protect foster the Rights Liberties of their Lay-Subjects against Popes and Prelates Usurpations 507 666 667 670 671 672. Kings desire declaration to govern by Law not power ●88 to do Justice to all great and small according to Law in all his Courts 989. Kings remain such whiles just cease to be Kings when they prove unjust 776. The King declared of full age by the Pope resumes the custody of his Castles 391 392. What virtues are requisite in Kings and by what precious stones represented 247 248. The King of England the most Christian of all Christia● Kings where Faith Holiness hath more flourished then in any Kingdom throughout the World 712. His Coronation Oath See Oath Adorned with Armes Laws 588. Appealed to for Justice by Foreign Princes 588. The Kings Counsil Writs issued subscribed by them and their advice Acts done in their presence 265 277 278 381 389 390 394 1007 1008. See Index 8 9. and Writs His ill Counsellors especially Aliens complained against removed banished by the Barons 300. See Aliens Barons Pope obeyed by Bishops Abbots more then the King 300 933 934. Append. 9 10. See more in Prerogative Prohibitions Knights made at solemn Festivals the Popes Legates Nephew Knighted by King H. 3. with others 570 711. L. LApse after 6. months 389. None against the King by his Prerogative 481 482 563. Laws Popes usurped power to limit null dispense against the Law of God and the Apostles to take away all positive Laws without a cause and null all Princes Lay-mens Laws 5 6. No Princes Laws can binde Bishops or Clergymen though for their benefit unlesse ratified by the Pope 6. The making and interpreting of Laws in the Virgin Mary who knew both the Civil Canon Laws and Decretals 19. Laws of England setled in Ireland See Ireland Of King Edward the Confessor and King H. 1. sworn to be observed by our Kings evil Laws to be abolished 279 282 283 336 370. See Charter of Liberties Students of the Canon Law in the Universities of Oxford and Paris advised with in Appeals by the King 588. The Bishops learned in the Canon Laws much insisted on them to advance their own Jurisdiction exempt themselves and all the Clergy from Kings and secular Courts Jurisdiction 249 251 253 874 to 913. See Canons Canon Law Index 3. Judge Bractons learned Treatise of the Laws and Customs of England in the reign of King Henry 3. 872 to 888. Laymen though Emperors Kings Judges uncapable by Popes Popish Prelates Canons of any Ecclesiastical Jurisdiction over Ecclesiastical persons causes things or over Priests Concubines not to be witnesses against Clergymen 5 6 7 8 874 890 to 913. Their ill esteem of them and their authority though Emperors Kings Ibid. and Index 3 10 12. Lay-patrons Benefices exempted by order of Parliament and Popes Bulls from First-fruits and Popes Provisions by the Barons stout oppositions against them 507 508 718. Excommunicated Interdicted for arresting criminal Clerks or their Concubines suing Clergymen in the Kings secular Courts 6
peintz feust monstre a eux per le Chanceller Comment ils avoient entendug les causes du summons du Parlement en general mes la volunte le Roy fust que les causes feussent monstres a eux en especiall Loux disoit coment le Roy avoit entendu que le Pape per forcedun fait quel il dit que le Roy Johan fesoit au Pape de lui faire homage pur le Royalme Dengleterre et la terre Dirlande Et que per cause du dit homage qil lui deveroit paier chescun an perpetuelment mill Marcs est en volunte de faire process devers le Roy et son Roialme pur le dit service et ceus recoverir de qel le Roy pria as ditg Prelats Ducs Countees et Barons lour avys et bon conseil et ce qil efferroit en cas que le Pape vorroit proceder devers lui ou son dit Roialm pur celle cause Et les Prelats requeroient au Roy qils se purroient sur ce per eux sont aviser et respondre lendemain queux Prelatz le de lendemain a de priems pur eux mesmes puis les auters Ducs Countz Barons grantz responderent disoient que le dit Roy Johan ne nul autre purra mettre lui ne son Roialme ne son people en tiele subjection saunz assent et accorde de eur Et les Communes sur ce demaundez et Avisez respondirent en mesme le manere Par quoi feust ordein et assentu per Commune assent en manere qeusuyt En ce present Parlement tenuz a Westm lundy prosche in apres la invention de la Seint Croice la● du Regne le Roy Edward quadrantessime tant sur lestat de Seint Eglise come des droitz de son Royalme et de sa Corone meinteinur entre auters choses estoient monstres Coment ad estee parlee et dit que le Pape per force dune fait qiele il dit que le Roy John iadys Roy de Engleterre fesoit au Pape au perpetuite de luy faire Homage pur le Royalme Dengleterre et laterre de I●eland et pur cause du dit homage de lui rendre un annuel cens ad este en volunte de fair process devers le Roy pur les ditz services et ceus recoverer la quele chose monstre as Prelatz Ducs Countz Barons et la Commune pur ent avoir lour avys et bon Conceil et demand de eux ce qe le Roy enferra en cas que le Pape vorroit proceder ou rien attempter devers lui ou son Roialme pur celle cause queux Prelatz Ducs Countz Barons et Communes eu surce plein deliberacion responderent et disoient dune accord que le dit Roy Johanne ne nul autre purra mettre lui ne son Roialme ne son people en tiele subjection sanz assent de eux et com piert per pluseurs evidences que si ce feust fair ce feust fait sanz lour assent Et encountre son serement en sa Coronation Et outre ce les Ducs Countz Barons Grants et Communes accorderent et granterent que en cas que le Pape se Afforceroit ou rien attempteroit per process ou en autre manere de fait de Constreindre le Roy ou ses Subjects de perfaire ce qest dit qil voet clamer cella partie qils resistont et contre esteront oue tout leur puissance Since this unanimous gallant peremptory resolution of K. Edward the 3d. and all his Bishops Dukes Earls Barons Commons assembled in this Parliament against this Charter thus resolved to be null and voyd and to resist the Pope with all their power in case he should demand or issue any processe against the King or his kingdom to recover it being 297. years past No Pope ever presumed for ought I can find to demand this Homage or Rent of any of our Kings or to send out Processe to endeavour its recovery And a discontinuance non-claim of this Charter Homage Rent for so long a space upon such a solemn deliberate Parliamentary resolution entred with special care in the Parliament Rolls must needs be a perpetual barre in point of Law and Justice against such a voyd injurious Charter procured with so much perjury treachery impiety fraud force circumvention as you have already heard 16ly All our Histories Chronicles generally Old and New declaim against this Charter as most detestable infamous illegal null in Law and no wayes obligatory to our kings or kingdoms in the least degree yea the Author of the Answer to Bellarmines Apologia cap. 3. and learned Dr. Richard Crakenthorp in his Treatise of the Popes Temporal Monarchy cap. 12. p. 245. to 262. proves the Nullity of it by 4. strong Arguments and Mr. John Speed in his History of Great Britain London 1623. p. 577 580 581. proves both Charters voyd by many more Reasons the summe of them is That this was an act in King John I. Of manifest perjury against his Coronation Oath 2ly Of Constraint 3ly Of Combination 4ly Of fear he being drawn thereto by the Pope himself who had set up both the French power and his own Barons and Prelates against him 5ly An act of a person actually interdicted excommunicated by the Pope himself and so unable to avouch or grant any thing to the Church or Pope 6ly The witnesses if any were stood excommunicated for conversing with him 7ly Neither the Barons 8ly Nor the Clergy 9ly Nor the body of the Kingdom people 10ly Nor his next heir and successor to the Crown ever consented thereto 11ly Fraught with many false untruths as done freely and voluntarily without fear or force in a general assembly of the Barons by their advice and consent by the inspiration of the holy Ghost because the King had nothing fit to give away to God or the Pope for the satisfaction of his sins but his crown and kingdomes 12ly From the proviso of exception in the Grant Salvis nobis haeredibus nostris Justitiis Libertatibus Regalibus nostris extant in both charters if there were two which saves the right of Soveraignty Kingship and Soveraign Dominion in and over the Kingdoms of England and Ireland intirely to the King which he never transferred to the Pope The Liberty of a King is freely and absolutely to rule his Subjects according to Law without being subject or servant to any Superiour and the very essence of Regality Independency of Authority on any but God alone Now these being expresly reserved excepted utterly made void whatsoever was before mentioned either as granting Soveraignty and doing homage and fealty by his Successors for the Kingdoms to the Pope as his Subjects and the subsequent clause of losing the right and inheritance of the crown in case of contradicting ought therein mentioned after
quapropter ipsum non criminor Necesse habeo ad sinum misericordiae vestrae paternum refugere auxilium à vobis in hac necessitate petiturus Videmus namque nobilem virum Comitem Richardum qui licet cruce non signetur per obtentum gratiae vestrae in hac parte nimis fructiferae à cruce signato populo non minimam pecuniam vindemiare in Regno Angliae ego ex eo spem consequenter accipiens cruce signatus indigens eandem mihi postulo concedendam Considerans igitur Dominus Papa loquentis facundiam rationis efficaciam corporis elegentiam se ipsi favorabilem exhibuit concedens ei in parte quae postulavit latam videlicet ex aliena cute corrigiam Tunc etiam temporis Comes Richardus authoritate Domini Papae cujus indigentiae clàm cautè satisfecerat a cruce signatis infinitam collegit pecuniam ita quod ab uno Archidiaconatu dicitur sexcentas libras reportasse harum literarum fretus auctoritate Consimilique cautela Willus Longa Spata mille marcas et amplius de cruce signatis ut praescriptum est reportavit besides what Archbishop Boniface qui in partibus transmarinis Domino Papae militabat violently extorted by Excommunications from the Bishops and Clergie of his Province at the same time of which before In regard of the manifold Extortions this year both at home and abroad by the Pope and his agents principally to raise and maintain Wars against the Emperor Mat. Paris and Matthew Westminster render us this Epitome and brief character thereof Transiit igitur annus ille uberrimus in frugibus in fructibus autem sterilis Angliae nocivus Walliae dominator Tyrannicus Terrae Sanctae inimicus suspectus et formidabilis Ecclesiae nocivus universali et spoliator turbulentus Italiae cruentus Imperio et Curiae Romanae infamis et inimicus et praecipue Regno Alemanniae martius et hostilis Regnis Francorum et Anglorum exactor hostilis et praedator turbulentus odium generans in cordibus Praelatorum et aliorum plurium contra Papam eo quod Patronis violenter spoliatis suspendit a beneficiorum collatione quod est hactenus inauditum et contra Dominum Regem eo quod talia toleravit As the Pope thus vexed oppressed the Clergy and Religious persons on the one hand this year so Bishop Grosthead and his Ecclesiastical Officers vexed oppressed the Nobility and Laity on the other hand by Bulls Priviledges obtained at a dear rate from this Pope as our Historians and Records inform us For this Robert Grosthead Bishop of Lincolne after a long contest and suit at Rome Anno Dom. 1245. purchasing from Pope Innocent the 4th a Priviledge forecited to visit the Dean Chapter Canons Clerks Ministers of the Quire and Cathedral Church of Lincolne and all the Ministers Chaplains Churches and Parishioners belonginging to the Churches within his Diocesse et ad correctionem excessorum ac morum reformationem libere admittendum And likewise that the Canons of Lincolne should yield and render to him Canonical obedience and reverence Obligare se tamen ad hoc Iuramento manuali praestatione seu promissione minime tēneantur cum ad hoc consuetudine non juveris The next year Anno. 1246. he visited his Diocesse in pursuance of this priviledge by his Archdeacons Deans and Officials and at the suggestion of the Friers Minorites and Predicants in his Visitations and Consistories made strict Inquisitions concerning the continency and manners as well of the Noble as ignoble to the enormous defamation and scandal of many compelling Laymen to present and give in testimony in these cases upon Oath an Innovation never used in the Realmes before The King upon complaint thereof issued forth Writs to the Sheriff of Lincoln to inhibit any Lay persons within his County to appear before them to make any Inquisitions or take any Oath at the will of the Bishop except only in causes of Matrimony and Testament which Matthew Paris thus records to posterity living at that time within this Diocesse and taking special Notice of these proceedings His quoque diebus cum Episcopus Lincolniensis supra quàm deceret vel expediret in Subjectos suos ad suggestionem ut dicitur Praedicatorum Minorum desaeviret ita scilicet ut faceret Inquisitiones districtas per Archidiaconos et Decanos suos in Episcopatu suo de continentia et moribus tam Nobilium quam Ignobilium in enormem laesionem famae multorum et scandalum QUOD NUNQUAM FIERI CONSUEVERAT Dominus Rer audiens super hoc populi graves quaerimonias CONSILIO CURIAE SUAE scripsit Vicecomiti Hertfordiae in haec verba Henricus Dei Gratia Rex Angliae c. Praecipimus tibi quod sicut teipsum et omnia tua diligis non permittas quod aliqui Laici in Balliva tua ad voluntatem Episcopi Lincolniensis Archidiaconorum Officialium seu Decanorum ruralium in aliquo loco conveniant de caetero AD COGNITIONES PER SACRAMENTUM EORUM VEL ATTESTATIONES ALIQUAS FACIENDAS nisi in Causis Matrimonialibus vel Testamentartis Quod cum audisset Episcopus asserebat Dominum Regem quorundam Conspiratorum qui jam in Francia in consimilem audaciam proruperunt vestigia securum An insolent undutifull answer of a furious turbulent wilfull Prelate The Conspiracie of the Nobility and Commonalty of France which Grostheads words related to is thus recorded by Mat. Paris They being intollerably oppressed by the Insolencies usurpations of the Pope French Bishops and Clergy upon their antient Liberties Rights Priviledges by citing them into their Ecclesiastical Courts for Temporal Matters and causes belonging to the Civil Jurisdiction judging them by new Canons and Constitutions made by themselves alone without common consent in their Parliaments when as they ought rather to be Judged by the Nobles and Laity by whose Valour and Liberality they enjoyed all their Ecclesiastical Priviledges and possessions Excommunicating interdicting enforcing them to take new Oathes and tyrannizing over them at their pleasures as if they were slaves and vassals rather then Freemen they thereupon after all other fruitlesse complaints entred into a Solemne League and Confederacy against them to vindicate and regain their antient Rights and Priviledges Cum vero dierum istorum fluenta prolaberentur tepuit devotio fidelium et filialis affectus Charitatis quem quilibet Christianus adversus Patrem nostrum spiritualem videlicet Dominum Papam gerere teneretur non sine animarum periculo laesus deperiit imo et in odium execrabile et maledictiones occultas est conversus Videbant enim omnes et singuli et videntes sentiebant ipsum Dominum Papam pecuniae et pecuniarum rapinis in multorum damnum et depauperationem insatiabiliter inhiare Nec credebant jam multi ipsum potestatem beato Petro concessam coelitus videlicet ligandi et solvendi obtinere qui penitus beato Petro dissimilis probabatur