Dominion from Constantine the Great which refute and destroy each other Now because the sacred Scriptures are of little or no Authority in the Church of Rome but as they are glossed interpreted from time to time by Popes themselves in their own causes for their own advantage I shall in the next place subvert the foundation of their pretended Universal Monarchy by their own established Romish Devotions Practises Doctrines directly or consequentially contradicting overturning each other by a divine infatuation I shall reduce them to these two general heads 1. Such Practises Devotions Doctrines of the Roman Church and its members as directly invalid diminish subvert the Soveraign Universal Kingly or Priestly offices of Christ himself and by consequence St. Peters and the Popes which they derive from him 2ly Such as subvert the Popes alone To begin with their Practises and Devotions as they deem them The Romanists as you heard before acknowledge that our Saviour Christ as God and Man did not receive the actuall possession or exercise of his Universal Kingly power in earth or heaven especially in Temporals till after his resurrection and his ascention in his humane body and nature into heaven to the Throne of his Majesty not whiles he was a sucking babe in his mothers arms or hanging nayled on his Crosse or intombed in his sepulcher the lowest acts parts of his humiliation antecedent to his actual Soveraign Exaltation and Regal Power as Phil. 2. 1 to 12. Ephes 2. 19 to 23. Mat. 28. 18 19. Lu. 24. 26. Acts 2. 23 to 27. c. 5. 30 31. c. 13. 33 34. Heb. 1. 3. c. 12. 2. Rev. 3. 21. c. 5. 12 13. resolve Now how do Popes Popish Churches Councils Cardinals Bishops Doctors Priests Monks Nonnes Laicks and the whole Church of Rome picture represent our Saviour Christ to the eyes of their bodies and mindes either in all or most of their publike or private Masse-books Breviaries Offices Psalters Primers Processionals Manuals Rosaries or other Books of Devotion and Religion in all their Collegiate Cathedral Parochial Churches Chappels or private Oratories Monasteries Colledges Cells Closets or Crosses which they erect and in their publike or private Masses Processions devoutest prayers and addresses to him when they most implore his grace or assistance Not as a most glorious triumphant Soveraign King of Kings or head of all Principalities and Powers or as their only high Priest Advocate Mediator sitting in Heaven on the Throne of his Majesty and glory at his Fathers right hand there making perpetual intercession for them to reconcile and bring them to his Father But rather as a despicable sucking babe or infant lying in his swadling clouts in his Mothers arms lap bosom brest or at her feet in a cratch or manger as if he were still an infant and not grown to his manly stature Yea they make him such a frail despicable infant that his very bones and limbs too may now be easily broken and knocked off from his body contrary to John 19. 33. 36. Ps 34. 26. A bone of him shall not be broken and he tumbled down out of his mothers armes to the ground witnesse this famous Legend recorded for a most certain miraculous truth by our Gervasius Dorobernensis Anno Gratiae 1187. King Henry the 2d being in Castello Radulphi in Provincia Bituricensi wherein the French King intended to besiege him Est ibidem Coenobium Monachorum habitus nigri in honore beatae virginis Mariae dedicatum Quo cum Braibanceni Regis Angliae stipendiarii festinarent ut ea quae in eadem Ecclesia reposita erant absportarent Lemovicensis Vicecomes armatus accessit eorumque ab ingressu Ecclesiae cohibuit furorem fugatoque tandem latronum Cuneo remanserunt quidam ex ipsis in ipso atrio Ecclesiae tessara ludentes Cum ergo quidam ex ipsis ut moris est sorte perderent alii vero lucro inhiantes eos qui perdebant probris irritarent hi qui perdebant furore succensi in Deum et beatam ejus genetricem nefandas blasphemias jactitabant ac si ecrâ—m esset culpa quod hujusmodi infortunia eis accidebant Vnus autem ex eis insanior caeteris arrepto lapide ad imaginem Sanctae Virginis Mariae in lapide sculptam projecit quo infantem feriens ejus manum dejecit in terram Qua ruente ipse quoque puer e gremio lapsus est inferiusque solito resedit De brachio autem pueri simul et manu quae jam in terram lapsa est sanguis uberrime manavit ac si viventis hominis vigor esset in lapide It seems this statue of their Saviour was transubstantiated into his very body and blood as well as the Hostia Ipsa vero Imago Mariae ac si suo compateretur filio conjectis manibus ad humeros proprios Vestimentum lapideum abrupit et corpus proprium fere usque ad mamillas detexit Hic vero qui lapidem jecerat absque mora corruit et expiravit caeterique amentes effecti sunt as madd as they who forged and believed this Legend Vicecomes autem Lemovicensis accurrens manum pueri sanguine madidam apprehendit magnumque defensionis proemium laetabundus absportavit The like miracles wee have recorded of abundance of blood issuing out of the little Images of our Savior wounded or crucified by Iewes since his ascention into heaven publikely read in the Roman Church recorded for truths by Sigebertus yea by Baronius himself and Henricus Spondanus his Epitomizer Anno Christi 446. nu 3. Anno 560. nu 1. Anno 765. nu 2. which blood they reserve and shew to the people who adore it as the very blood of Christ himself in several places Yea our Radulphus de Diceto in his Abbreviationes Chronicorum Anno 765. out of Sigebertus and others stories Judaei Imaginem Jesu Salvatoris nostri invenientes in domo Judaei ibi relictam à quodam Christiano eam deponunt omnia opprobria quae Judaei Jesu Christo intulerunt imagini ejus inferebant tandem lancea latere ejus aperto exivit de eo sanguis et aqua Quod illi supposita ampulla suscipientes omnes infirmos in Synagoga sua collectos sanabat Quod cum vidissent Judaei baptizati sunt omnes when as the shedding of Christs blood and sight of the miracles wrought at his Passion converted no one Jew and in memory hereof Passio autem Dominicae Imaginis celebratur singulis annis 5 Idus Nov. the day of our Gunpowder Treason apud Beretham in Syria where this Image was crucified So as they had two good Fridayes the one for the Passion of our Saviour which is moveable changing every year and the other for the passion of his very image which is certain Or 2dly They represent and adore him as a diâ—inutive despicable babe or dwarfe whose real natural glorified body born of the Virgin Mary if they believe their own Popes Councils Doctors Churches resolutions
Obedience to him till conformable to his Papal pleasure and to dispence with the Kings own Oathes to his Barons and people 8ly A pretended supream Antichristian Papal authority actually to deprive the King and his Heirs of his very hereditary Crown Kingdoms and give them away to other foreign Princes 9ly To command foreign Kings and all Christian Nobles Knights Souldiers by force of armes to seize upon and expell him his Kingdoms and issue out Crossadoes to War against and dethrone him as if he were a meer Saracen and Turk 10ly A Jurisdiction to deprive suspend sequester excommunicate the Archbishops Bishops Abbots Priors Ecclesiastical and Temporal Peers and Cities of the Realm at his Papal pleasure and summon them to attend the Pope personally at Rome to undergo his Papal censures 11ly A liberty inserted into the Great Charter for all Bishops Clergymen Monks and others to depart out of the Realm resort to Rome or to the Kings Enemies without his Royal license first obtained and to return again at their pleasures 12ly A liberty for all Chapters Covents Monks Clergymen freely to elect whom they pleased to Bishopricks Monasteries Deaneries and other preferments in the Kings Donation and to reject whatever persons the King should specially recommend unto them though never so deserving so as the King could prefer no person to any elective Dignity within his Realms but whom the Chapters Covents Clergy should voluntarily elect and the Pope or his Legates actually confirm at their pleasures 13ly A power to sequester suspend deprive excommunicate and reduce to extream necessity all such Scholars Clergymen and Loyal Subjects who had so much loyalty and courage as to appear in defence of the King and his Cause against the Popes illegal injurious encroachments and to protect advance reward encourage all Traytors and Rebells against the King to advance the Popes Usurpations 14ly A power to sell Archbishopricks Bishopricks Monasteries and all other Ecclesiastical preferments Palls to those who would give most money for them to extort monies for Papal Benedictions Valedictions dismissions from attendance in General Councils or the See of Rome upon summons thither 15ly An over-awing authority over all the Bishops Clergy of England Ireland to obey the Popes most unjust treasonable commands against the expresse commands protestations of the King Barons Kingdoms to the Kings Realms and Churches prejudice 16ly A power to hear and determine by Appeal or otherwise all causes and controversies concerning elections unions or disunions of Churches or other Ecclesiastical Offices As to the Kings and Kingdoms Temporal Rights and Jurisdictions Pope Innocent made these unparalleld encroachments on them 1. An actual Interdiction of the whole Realm sundry years for a pretended personal contempt in the King alone and after that the like Interdict of the Londoners and Barons temporal Estates for their Rebellions and civil offences against the King 2ly An Antichristian power to dethrone dis-inherit the King and his Heirs of their hereditary right in the Crown Kingdoms of England and Ireland and to transfer them to foreign Kings and Enemies without the Kings or Kingdoms consent or any tryal hearing of the King or Kingdom 3ly A forcible wrested resignation from the King of his Crown Scepter Kingdoms to the Pope and his Successors without his Barons or Kingdoms consents by a void illegal extorted Charter 4ly A resuming of them by King John and his Heirs from the Pope and his Successors under an Annual Rent or Pension and extorting of an Oath of Homage and Fealty from the King as a meer Vassal and Tributary to the Pope and Church of Rome directly contrary to the Rights of the Crown and freedom Office Royaly of a King 5ly A power to confirm null repeal the Kings own Temporal Charters yea Great Charters of Liberties and the Forrest and judge of their validity or invalidity at his Papal pleasure 6ly A power to examine hear determine the Right and Title of King John and others to the Crown of England and decide them in the Court of Rome as the supream Judicature in such cases 7ly A Jurisdiction to hear and determine all civil controversies touching Priviledges Rights Franchises between the King and his Barons and excommunicate them for not submitting to his Papal Edicts therein 8ly A power to make Truces and prohibit Christian Kings to War upon each others Kingdoms under pain of Excommunication and Interdiction 9ly A pretended right to protect all Kings and Nobles who took up the Crosse from any civil proceedings Wars against each other during the Crossado and to recommend promote grant prescribe Taxes Tenths to maintain those Wars against the Turks but in truth to fill his Papal coffers 10ly A power to exempt Treacherous Rebellious Clergymen from being Out-lawed or Interdicted by the King and force the King by publike Patents to disclaim this his antient Prerogative with his power of detaining any Clerks in Prison for capital Crimes or Felonies if demanded to be delivered by and to their Ordinaries All these with some other Usurpations of lesse concernment reducible to these heads were introduced by Pope Innocent the 3d. during the reign of King John never practised in England before by any of his ambitious Predecessors and so fastned upon the necks of the King Kingdom by wholesale by means of King Johns forced resignation of his Crown to the Pope intestine Wars differences between the King his Bishops Barons this Pope and his Legates policies that his Successors for many years after though they frequently complained petitioned against them with much earnestnesse and regret yet were hardly able with all their power or policy to resist much lesse to shake them off but only by piece-meal and inches as they had strength and opportunity to do it I shall now proceed to his Sons and Successors long yet troublesome reign by like unhappy contests between the Crosâ—er and Scepter the King and his Barons upon pretext of publike Liberty and our Ecclesiastical affairs under him THE FOVRTH BOOK CHAP. I. K. Henry the 3d. his succession to K. John his Coronation necessitated Oath Homage Subjection to Transactions Complyance with the Pope and See of Rome against his own and the Nobles wills his and their Complaints Oppositions Prohibitions against the Popes Bishops Clergies Encroachments Exactions both in England and Ireland with the chief passages concerning the Ecclesiastical affairs in them during the first 20. years of his young troublesome reign KIng John being taken out of this world by poyson through the implacable malice of the Monks and Prelates having then many Enemies both of Earls Barons and more especially of the Popish Clergy Henry his eldest son was then but of the Age of 9. Years at which time most of the Lords of England adhering to Lewes the French Kings son whom they had sent for before in displeasure of King John to be their King and had sworn to him their Allegiance Thereupon William Earl Marshall a Noble man of great
are inserted out of their due Chronological series or years to which they relate If they consider that this was occasioned either by the continued series of the History to which they relate hapning in divers years which could not well be dis-joyned without greater inconveniences or to unite some Records or Stories of the same kind together illustrating or ratifying each other though different in time or else by casualty or oversight at the Press and withall if they observe how the distinct years rolls of every Record and of most Historians are truly cited quoted in the Text or Margin I hope it will be reputed no Solecism nor just ground of complaint Perhaps some other curious Perusers of this Work may charge me with Tautologie or surplusage for inserting several Letters Procurations of our Kings to Popes Cardinals and Proctors sent to Rome or several Patents and Prohibitions to distinct persons Courts running almost in the same words But I hope the rarity and novelty of them never formerly published in print their confirmation and explanation of each other especially in cases of Prohibitions and the matters conteined in them not mentioned in Story together with my care to avoid the censure of omitting or concealing any records of this nature wherewith others might upbraid me And the constant Practise of the Clergy Popes Prelates Church and Laicks of Rome most likely to pick quarrels with me in repeating sundry dozens scores if not hundreds of Pater-Nosters together on their Beads though that prayer was purposely instituted by Christ himself to avoid and condemn all such repetitions and likewise Reiterations of Ave-Maries of the name of Jesus and other Petitions ejaculations in their Primers Letanies Missals Jesus Psalters Breviaries Offices Howers of the Virgin Mary Manuals of Prayers and other their Bookes of publike and private Devotion will at least acquit if not justifie me against this exception That which I deem some polite dainty Readers will most censure me for is want of Elegant lofty eloquent language embellishments and transitions But this defect my declining age want of competent time to review polish every passage together with the gravity variety of the subject matter the usual Vulgar stile of most of our Records and Law-books will apologize for this defect A plain English Garbe modest natural beauty bush being in Gods and wise mens judgements better decenter commendabler then any fantastick outlandish habit a painted spotted face or effeminate powdred frizled head not of Gods or Natures making but the Barbers or Tyre-womans To conclude all I shall desire of my ingenuous Readers is a friendly construction and kinde acceptation of these my Lucubrations a free pardon of all defects or involuntary oversights if any shall occurr therein together with their cordial prayers for Gods assistance and enablement of me in the compleating of the remaining Tomes if they shall be judged usefull for the publike or gratefull to posterity there being few or none I know or hear of who will probably be at the pains or cost to carry on or compleat them when I am translated hence to a better world and shall rest from all my studies labours in this Farewell The GENERAL CONTENTS of the BOOKS and CHAPTERS conteined in this Second Tome All the particulars whereof being many and various are comprised in the TABLE BOOK 3. CHAP. 1. page 227. COntaining Evidences of King John's Supream Ecclesiastical Jurisdiction over all Bishops Religious and Ecclesiastical persons Causes Bishopricks Monasteries Tithes Advowsons in granting Licenses to elect and to approve or reject Bishops Abbots when elected Examining the Jurisdictions of all Ecclesiastical Courts Imprisoning banishing Bishops Clergy-men seizing their Bishopricks Spiritualties Confiscating their Goods Benefices for their Contempts Rebellions Treasons against him and obedience to the Popes Interdicts and other unjust Commands with other particulars and his strenuous vigilant defence of the Rights of his Crown against Provisions and other Papal and Prelatical Usurpations in England and Ireland till the 15. year of his Reign CHAP. 2. page 270. Of King John's most unworthy prostitution not only of the undoubted Rights and priviledges of his Crown but of Himself his Diadem Kingdomes of England and Ireland after so many years Glorious Contests to the Tyrannical Usurpations of Pope Innocent and his own Trayterous Bishops and Clergy Of his resignation of his Crown and Kingdomes by Two supposed Charters but in truth only by one to the Pope and his Successors and resuming them as their Feudatory under an Annual Rent His Oath of Homage and Fealty to the Pope The Validity of this Charter these Rents and their payment debated the present and subsequent Oppositions against them This Kings Opposition against the Encroachments of his Treacherous Rebellious Bishops and Clergy who dealt most perfidiously with and stirred up the Barons warrs Rebellions against him after they had forced him to resign his Crown and protested against his unkingly actions when accomplished by their own procurement and designes With other memorable particulars and Records relating to these transactions and this Kings Charters proceedings in Ecclesiastical Elections Affairs as Supream Patron within his own Dominions BOOK 4. CHAP. 1. King Henry the 3. his succession to King John his Coronation necessitated Oath Homage Subjection to Transactions complyance with the Pope and See of Rome against his own and the Nobles wills his and their Complaints Oppositions Prohibitions against the Popes Bishops Clergies Incroachments Exactions both in England and Ireland With the chief passages concerning Ecclesiastical affairs in them during the first 20 years of his young and troublesome reign CHAP. 4. pag. 447. Containing sundry Records Patents and Historical passages evidencing this Kings Supream Jurisdiction in and over Ecclesiastical persons Courts Affairs in England and Ireland The intollerable Vsurpations Extortions Oppressions Innovations Proceedings of Popes their Legates Agents Instruments to the prejudice of the Rights Priviledges of the King Church Kingdom Subjects in both these Realms with the several Complaints and Oppositions against them The English and Irish Bishops Covents Courts Christians Encroachments upon the Kings Temporal Courts Rights Royal Dignity and Subjects Liberties The Prohibitions Writs Oppositions against them With the principal Ecclesiastical Affairs and transactions in relation to England and Ireland from the beginning of the 21. to the end of the 40th year of King Henry the 3d. his reign CHAP. 3. p. 872. Comprizing sundry evidences out of Law-books Histories and Records manifesting this Kings Soveraign Ecclesiastical as well as Temporal Authority over all Ecclesiastical persons Courts Causes in England and Ireland The Popes and his Instruments intollerable Extortions Oppressions Innovations Encroachments both upon the Kings Prerogative and Subjects Liberties Properties and their respective Oppositions Complaints against them Together with our Popish Prelates and Ecclesiastical Synods Courts illegal Usurpations upon the Kings Temporal Rights Courts Crown Dignity and Peoples Priviledges With the several Prohibitions Writs Mandates issued to restrain them And
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
apicem necesse sit honoribus extolli quam in nullo vilescere decet vel egere revocatis si placet in irritum alienationibus dictarum Ecclesiarum factis temporibus quibus vacavit sedes Carleolensis ipsas eidem Ecclesias restituere et confirmare velitis in usus et honorem sui Pontificis tanto benigniores nostris precibus aures accommodantes quanto libentius et propensius nobis noscitur valuisse et in posterum posse valere ut de provectione sua quae nostra est una cum caeteris Apostolicae sedis beneficiis ad humillimas gratias et perpetuas devotiones vestrae debeamus assurgere sanctitati Teste Com. apud Westmonasterium Decimo septimo die Februarii Per eundem P. Wint. Justic VEnerabilibus Patribus amicis in Christo charissimis Sanctae Romanae Ecclesiae Cardinalibus suis in omnibus H. Dei gratia Rex Angliae c. salutem debitam Sanctissimis Patribus devotionem Cum adhuc in nostris ageret partibus Venerabilis Pater G. titulo Sancti Martini Presbyter Cardinalis merito nobis semper diligendus de mandato Domini Papae Carleolensi Ecclesiae tunc vacanti Pastorem prafecit idoneum videlicet H. quondam Abbatem Belli loci virum utique in fidelitate nostra multipliciter expertum suae perutilem Ecclesiae totique pariter Regno nostro Sane cum suam invenerit Ecclesiam tantis tempore vacationis suae possessiombus honoribus mutilatam videlicet Ecclesiis de Novo Castro cum Capellis pertinentiis suis de Neuborne de Corrbrigg de Reebrigg de Wintingham de Penred quae sibi concessae fuerant in usus proprios in prima fundatione sua a Rege Henrico primo aliis praedecessoribus nostris Regibus Angliae per privilegia Romanorum Pontificum confirmatae ut Pontificali non sufficiant quae sibi sunt reservata de Concilio nostro cui innotuerunt haec omnia vestra duximus Sanctitati devotissimè supplicandum ut eidem Episcopo fideli nostro cui multo tenemur debito ac Sanctae Romanae Ecclesiae devotissimo ad reformationem Ecclesiae suae diligentius aspiranti Si placet assistere velitis in consiliis et auriliis quibus mediantibus ea quae dispersa sunt et ab Ecclesia sua per incuriam et negligentiam habitantium in ea Canonicorum alienata sibi restituta fuisse gratuletur ut suis sufficiat usibus Episcopalis dignitas quae nunc quasi vilescere cogitur et egere Et quia provectionem ejusdem Episcopi meritis fidelitatis suae multipliciter exigentibus proprium reputamus et reputare debemus honorem vestram sibi gaudeat in hac parte diligentiam taliter affuisse ut ad obsequia condignas devotiones vobis diebus perpetuis arctius teneamur obligati Teste Domino P. Wintoniensi Episcopo apud Westmonasterium Vicesimo quarto die Januarii Anno Regni nostri Tertio By these Records it is evident 1. That King Henry the 1. originally founded the Bishoprick of Kartiol and endowed it with several impropriations by his own Regal Authority that he and his Successors setled and confirmed by their Charters sundry Lands and impropriations thereon and that it is the right duty of our Kings as founders of Bishopricks to see the Lands and Revenues unduly alienated from them restored when there is just cause which this King by reason of his infancy being then under a Protector and the Popes and Legates great usurped power in England at that season could not easily effect by his Regal power without the Popes and Cardinals assistance the true occasion of these his Letters to them King Henry having continual occasions to make use of the Pope and Court of Rome about his Domestick and Foreign affairs in the 4th year of his reign constituted W. de St. Albin his Proctor general therein especially against the Son of the Earl of March in Picardy who against his faith to King John his Father to marry his Sister refused to do it or to restore her without a ransome whereupon he desired the Pope to command him to marry or restore her or else to give order to two Bishops he names and a Dean to Excommunicate him for his disobedience as these three Records attest VEnerabilibus in Christo Patribus amicis charissimis universis Episcopis Presbyteris Diaconis Sacro-sanctae Ecclesiae Romanae Cardinalibus H. Dei gratia Rex Angliae c. Eo ampliorem de dilectione vestra gerentes fiduciam in nostris nostrorum promovendis negotiis novimus prudentiam vestram circa ea fidelius elaborasse mittimus ad vos dilectum nostrum Willielmum de Sancto Albino procuratorem nostrum ad impetrandum et contradicendum in omnibus nostris et nostrorum negotiis quae contra nos et nostros fuerint proposita in Curia Romana Rogantes attentius sinceritatem vestram ut cum fueritis super hiis ab eo ex parte nostra requisiti de solita clementia vestra velitis ea quae honoris nostri sunt consueta diligentia procurare De negotio autem nostro quod exponet idem plenius de Johan primogenita sorore nostra H. de Lizen per Dominum J. Patrem nostrum pridem commissa de qua traducenda fidei praestitit Sacramentum vos duximus exorandos quatenus laborare velitis si placet pleno effectu erga Dominum Papam ut soror ipsa nostra restituatur quam ipse fidei spreta religione superinducta matre nostra nobis reddere contradicit volens nos per ipfius detentionem ad ejus redemptionem invitos compellere Et rogamus vos ut scribatur super hoc Xancton et Limovic Episcopis et Decanis Burdeg ut nisi munitione praemissa illam nobis curaverit restituere ad id per censuram Ecclesiasticam rite compellatur Teste H. de Burgo Justiciario nostro apud Notingham Vicesimo die J nii REX Domino Papae salutem se totum semper tam devotum quam fidelem Cum a sedis Apostolicae gratia dependeant si quae sunt circa nos serena si quae prospera necesse habemus vestrae dominationi proponere quae in dispendium nobis veniunt et gravamen Dominus autem I. Rex genitor noster agens quondam in partibus Pictaviae Johannem filiam suam sororem nostram nuptui H. de Lexim fil Com. de March concessit qui licet eam de manibus ipsius Patris nostri Regis accepisset et jurasset quod eam in Vxorem duceret non observata tamen juramenti religione spretaque sorore nostra matrem nostram Reginam Maritali sibi foedere copulavit Quam quidem sororem nostram nihilominus nobis reddere contradicit immo eam detinendo contramandatum nostrum ad ipsius redemptionem nos intemptat cohercere Hanc igitur injuriam passi sub vestra protectione Sanctissimae Paternitati vestrae supplicamus
c. Episcopis Salutem c. Ita nobis in Odore bonae opinionis fratrum cooperatorum nostrorum convenit delectari ut in pestilentibus vitia non palpemus cum non deoeat pro reverentia ordinis sustinere peccantes quorum culpa tot eos dignos mortibus facit quot ad subjectos perditionis exempla transmittunt qui sola quae pravitatis exempla conspiâ—iunt imitantur Hinc est quod cum de venerabili fratre nostro Dunelmensi Episcopo saepius nobis insinuata fuissent quae ab Episcopali honestate nimium dissonabant tandem inconculcatis funibus clamoris excitati ut non pateremur cum perditione multorum quiescere amplius in suis enormitatibus Episcopum memoratum de quo insinuatio clamosa processit quod postquam fuit ad officium Pontificale promotus reâ—s sanguinis symoniae adulterii sacrelogii rapinae perjurii ac dilapidationis multiplicis est effectus non formidans clericos orphanos acviâ—os religiosos opprimere testamenta decedentium impedire Regia jura contra scientiam dilecti filii nostri Pandulphi Norwicensis electi munire ac excommunicationi ligatus ingerere se divinis Item etiam appellationibus non defert ad Romanam Ecclesi interpositis statuta generalis concilii non observat nunquam proponit populo verbum Dei lingua exemplo vitae pravum subditis praebet exemplum Coram multis juravit quod pacem ipso vivente Dunelmensis Ecclesia non habebit Conquerente sibi Monacho quodam Dunelmensi se a servientibus suis ab Ecclesia quadam fuisse extractum usque ad sanguinis effusionem pulsatum respondit ei quod melius factum fuisset si servientes Episcopi Monachum perimissent Ipse insuper Apostolicam regulam continentem qualis debeat esse Episcopus penitus calcavit in cunctis Nos ergo ne alienae culpae simus authores si clausis oculis tot tanta praedicti Episcopi transeamus errata cum adeo ad nos clamor super his ascenderit ut dissimulationi amplius non sit locus dignum duximus ex officii nostri debito descendere ut haec an ita sint vel aliter videamus Quocirca fraternitati vestrae per Apostolica scripta Mandamus quatenus inquisita super his cognita sollicite veritate quae inveneritis vestris fideliter inclusis sigillis ad nostram praesentiam remittatis ut Authore Deo quod super hoc faciendum fuerit statuamus Datum Viterbii Pontificatus nostri Anno Quarto CUM autem literae Domini Papae ad notitiam executorum pervenissent ex officio sibi injuncto vocaverunt Episcopum Dunelmensem cum Abbatibus Prioribus Archidiaconis Decanis apud Dunelmum ad suum consistorium alios laicos clericos illius provinciae quoscunque hujus rei esse conscios crediderunt Illis autem omnibus die sibi loco statuto coram executoribus comparentibus recitatae fuerunt literae Domini Papae audientibus cunctis aperte distincte ad intelligendum Quibus perfectis intellectis surrexerunt Clerici Dunelmensis Episcopi quasdam refutationes frivolas fallaces allegantes contra executores praedictos atque ne procederent in inquisitione praedicta praesentiam Domini Papae appellarunt Et sic facta appellatione episcopus cum Clericis suis recessit diem statuentes adversariis qua contra eum in Domini Papae praesentia comparerent Interposita itaque appellatione saepedictus Episcopus Romanam adivit Curiam praemissis Clericis suis qui sibi supervenienti Domini Papae gratiam praepararent Unde contigit ut antequam Monachi Dunelmenses Romam venissent clerici memorati actionem eorundem Monachorum non mediocriter infirmaverant Unde post multas hinc inde coram Papa altercationes tam Episcopi quam Monachi immoderatis profusis expensis remissi sunt in Angliam ad executores supradictos ut coram eis quod justum fuerit sententialiter statuatur Duravit autem haec diu inter eos semel suborta contentio donec mors Episcopi litem sicut ipse praedixerat terminavit What was the general corruption of the Pope Prelates Monks Clergy in that age appears by this relation The Archbishop of Cassel in Irâ—land by his own usurped authority interdicted the Kings Tenants and Lands there without reasonable cause and after an Appeal whereof the King complaining to Pope Honorius he thereupon enjoyned him to release the Interdict within 15. dayes or in case of his refusal authorized other Bishops to release it and finally to hear and determine the cause by this ensuing Bull. HONORIVS Episcopus servus servorum Dei c. Archiepiscopo Cassel salutem Apostolicam Benedictionem Charissimus in Christo filius H. Rex Anglorum illustris suam ad nos querimoniam destinavit quod tu in homines et terras ejus sine causa rationabili post appellationem ad nos interpositam Interdicti sententiam authoritate propria contra statuta generalis Concilii promulgasti Quocirca fraternitati tuae per Apostolica scripta mandamus quatenus si est ita infra xv dies post susceptionem praesentum sententiam ipsam sine difficultate relaxes Alioquin Venerabilibus fratribus nostris Dar. Midens Osser Episcopis damus nostris Literis in mandatis ut ipsi extunc sufficienti ab eis super hiis pro quibus praedicta sententia est prolata recepta iuxta formam Ecclesiae cautione sententiam relaxantes eandem audiant si quid postmodum remanserit questionis appellatione remota fine debito decidant faciant quod decreverint authoritate nostra firmiter observari Dat. Alatri xiiij Kalend. Iunii Pontificatus nostri Anno sexto Anno 1221. William de Marisco Bishop of London of his own accord resigning his Bishoprick Eustachius de Faucumberge tunc Scaccarii thesaurarius quinto Calendas Martii in Episcopum Londinensem eligitur cuius electio a Legato Pandulpho confirmatur vii Calendas Maii apud Westmonasterium consecratur Which Bishop soon after petiit ab Abbate Willielmo Conventu Westmonasteriensi processionem procurationem visitationem omnimodam jurisdictionem propter quae ad Papam fuit appellatum After which Appeal this difference was by consent of both parties referred to Stephen Langhton Archbishop of Canterbury two other Bishops and two Priors as arbitrators to determine Qui Monasterium Westmonasterii ab omnimoda subjectione jurisdictione Episcopi Londinensis penitus exemptum declaraverunt by vertue of the Kings Charters ordinaverunt quod Ecclesia de Stanes cum pertinentiis suis in usus proprios Ecclesiae Westmonasteriensis commutaretur manerium de Sunneb in proprietat Episcopi Londinensis Ecclesia ejusdem manerii cedat in usus proprios Ecclesiae Sancti Pauli in perpetuum Which prevented all proceedings on this Appeal The same year upon the forementioned complaint and Letters of King Henry to Pope Honorius against Henry de Lezimaco Earl of March the Pope sent
and divisions amongst his people 3ly Because they withdrew them from their Husbandry and other necessary temporal occasions to dance attendance from time to time and place to place on them and their Officers to their grand vexation and impoverishing 4ly Because they involved them in the danger or guilt of perjury by enforcing them to swear concerning the secret private actions of others wherein they might easily be mistaken All which reasons remain still in full force against all such like Oathes Inquisitions Innovations Vexations of Bishops Archdeacons Rural Deans Officials and other Ecclesiastical Officers which the King his Courts Judges Counsil may and ought by Law to prohibite redresse from time to time by like Writs of Prohibition for the Subjects relief upon all occasions as is evident by these six antient successive Writs the Register of Writs part 2. f. 36. Fitzherbert Natura Brevium f. 41. a. Rastals Abridgement of Statutes Tit. Prohibition sect 5. and other Law-books concurring with these Writs 4ly That Bishops Archdeacons Officials and other Ecclesiastical Officers and Courts had then no legal authority by the antient Laws usage Custom of this Realm to administer any Oath to Laymen except only in causes of Matrimony and Testament as these Prohibitions with sundry others hereafter cited in their due Chronological order the Statutes of 2 H. 5 c. 3. 2 E. 6. c. 13. and the last recited Lawbooks resolve 5ly That Bishops have been and may be legally attached and their Temporalties seized into the Kings hands if they prejudice the Kings Crown Dignity or vex his Subjects by administring enforcing illegal Oathes and Articles of Inquiry upon them by Excommunications and other Ecclesiastical Censures contrary to the Laws and antient Custom of the Realm 6ly That by the antient Laws and Custom of this Realm no new Oathes whatsoever may or ought to be framed imposed on any of the Kings Subjects by any Bishops Ecclesiastical or other persons whatsoever nor any old legal Oathes altered but by special Acts of Parliament prescribing both the forme words of the Oathes themselves and the persons who shall take and administer them who must be specially authorized either by express words in the Acts themselves or by special Commissions from the King under the Great Seal of England to administer them when made and not otherwise This is most apparent by all the Oathes heretofore prescribed to Justices of the Kings Courts Justices of Oyer and Terminer and of the Peace Barons and Officers of the Exchequer Sheriffs Under-Sheriffs the Officers of the Court of Wards and Liveries the Court of Augmentations Customers Searchers Commissioners of Sewers of Castles and Holds Conservators of the Truce Bayliffs of Franchises Coroners Sheriffs Clerks Attornies the Kings Privy Counsil Knights of Shires Burgesses of Parliament Champions Clerks of the Council Mayors and other Officers by the several Oathes of Fealty Allegiance and Supremacy made from time to time for the necessary preservation of the Sacred Persons of our Kings the safety of the Kingdom and defence of the Rights Priviledges Jurisdiction of the Crown against all Papal Usurpations and Treasonable practises whatsoever all made prescribed by special Acts of Parliament as these ensuing resolve us 9 H. 3. c. 28. 51 H. 3. c. 14. 3 E. 1. c. 40. 6 E. 1. c. 8. 13 E. 1. c. 43. 13 E. 1. Stat. of Winchester c. 6. 13 E. 1. Stat. Merchant and Articles of Inquisition upon the Statute of Winchester 34 E. 1. Statute of Liberties c. 6. Totles Magna Charta 1556. f. 164 to 168. Rastals Abridgement of Statutes Coroners sect 3. 9. E. 2. Statute of Sheriffs 17 E. 2. c. 4. 1 E. 3. Parl. 1. c. 8. Parl. 2. c. 4. 5 E. 3. c. 2. 9 E. 3. of Money c. 9. 15 E. 3. c. 3 4. 15 E. 3. Rot. Parl. num 10 20 28 37 41 42 17 E. 3. Rot. Parl. n. 11. 18 E. 3. Star 3. 20 E. 3. c. 1 2 3. Rot. Parl. num 25. Rastal Justice and Justices sect 2 3 4. and Clerks of the Chancery sect 1. 21 E. 3. Rot. Parl. num 7. 25 E. 3. Rot. Parl. num 10. 25 E. 3. Stat. 1. c. 5. Stat. 4. c. 1. Stat. 7. of levying the Quindisme 27 E. 3. Stat. 2. c. 1 15 16 23 24 26. 31 E. 3. Stat. 2. 5 R. 2. Stat. 1. c. 11 13 14. 5 R. 2. Rot. Parl. num 74. 6 R. 2. c. 12. 7 R. 2. Rot. Parl. num 27. 9 R. 2. c. 3. 11 R. 2. Rot. Parl. num 23. 12 R. 2. c. 8. 13 R. 2. c. 7. 14 R. 2. c. 3. 17 R. 2. c. 9. 17 R. 2. Rot. Parl. num 18. 21 R. 2. c. 5. 21 R. â— Rot. Parl. num 21 37 to 44 51 52 53 89. 1 H. 4. Rot. Parl. num 38. 4 H. 4. c. 10 18 20 21. 8 H. 4. Rot. Parl. num 66. 11 H. 4. Rot. Parl. num 14 39 63. 1 H. 5. c. 6. 2 H. 5. c. 4 6 7. 4 H. 5. c. 2 4. 1 H. 6. Rot. Parl. num 62. 2 H. 6. Rot. Parl. num 17. 2 H. 6. c. 10. 11 H. 6. c. 8. 11 H. 6. Rot. Parl. num 14 15 16. 18 H. 6. c. 4 10. 20 H. 6. c. 10. 23 H. 6. c. 2. 33 H. 6. c. 3 5. 39 H. 6. Rot. Parl. num 25 26 29. 3 E. 4. c. 3. 7 E. 4. c. 1. 8 E. 4. c. 2. 12 E. 4. c. 2 3. 17 E. 4. c. 2. 1 R. 3. c. 6. 19 H. 7. c. 7. 22 H. 8. c. 8 14. 23 H. 8. c. 5. 25 H. 8. c. 22. 26 H. 8. c. 2. 28 H. 8. c. 7. 10 16. 31 H. 8. c. 14. 32 H. 8. c. 46. 33 H. 8. c. 22. 2 3 Phil. Mar. c. 1. 1 Eliz. c. 11. 5 Eliz. c. 1. 8 Eliz. c. 1. 13 Eliz. c. 7. 18 Eliz. c. 6. 27 Eliz. c. 12. 29 Eliz. c. 4. 43 Eliz. c. 1 2. 1 Jac. c. 9. 3 Jac. c. 4. 7 Jac. c. 2 6 8. â—1 Jac. c. 7. 20 33. 1 Car. 1. c. 1. 2 Car. 1. c. 1. The Petition of Right 3 Car. 1. 17 Car. 1. An Act for repeal of the Branch of the Statute of 1 Eliz. c. 1. a meer Declaration of the antient Common Law of England in point of administring Oaths by Ecclesiastical Courts and Persons and the Act for Explanation of a Clause therein 13 Car. 2. p. 66 67. The Acts for well Governing and Regulating of Corporations An. 13 Car. 2. p. 11. 12 13 14 15. The Act against Quakers and others refusing to take lawfull Oathes p. 3 4 5 7. The Act for Ordering the forces in the several Counties of this Kingdom p. 53 54. An Act for the Uniformity of publike Prayers c. p 73 77 80. An Act for Regulating the making of Stuffs in Norfolke and Norwich p. 49 108 110. An Act for Distribution and supply of Threescore thousand pounds c. for relief of Poor and maimed Officers and Soldiers p. 178 188. An Act for preventing Frauds
Manfreds hands in which des gn God blasted both the Popes forces and Kings rapines to their perpetual infamy I shall close up this year and Chapter too with the words of Mat. Paris Transiit igitur annus ille Ecclesiae et Praelatis ultimae servitutis genitivus Regni Angliae praedativus Terrae Sanctae sterilis et potius nocivus BOOK IV. CHAP. III. Comprising sundry Evidences out of Law-books Histories and Records manifesting our Kings Soveraign Ecclesiastical as well as Temporal Authority over all Ecclesiastical Persons Courts Causes in England and Ireland The Popes and his Instruments intollerable Extortions Oppressions Innovations Enchroachments both upon the Kings Prerogative and Subjects Liberties Properties and their respective Oppositions Complaints against them Together with our Popish Prelates and Ecclesiastical Synods Courts illegal Usurpations upon the Kings Temporal Rights Courts Crown Dignity and Peoples Priviledges with the several Prohibitions Mandates issued to restrain them And some other Ecclesiastical affaires transactions between the King Pope and Court of Rome of most concernment from the end of the 40th year of King Henry the 3d till the expiration of his Reign Anno Domini 1272. I Have presented you in the precedent Chapters with many memorable Records Writs Prohibitions restraining the Popes and Prelates Usurpations upon the Rights Crown Courts of King Henry the 3d. and his Subjects Liberties till the 40. year of his Reign about which time or soon after Henry de Bracton a famous Judge under him learned both in the Civil Canon and Common Laws of the Realm published five most excellent Books De Legibus Consuetudinibus Angliae wherein he asserts the Kings Supremacy over all persons whatsoever as having no Peer at all much less any Superior within his Realm stiling him Dei Vicarius several times in sundry places already transcribed in my Second Book chap. 2. p. 30 31 32. concerning King Lucius which I shall not here repeat Which passages of his will well explain those clauses in him which seem to patronize the Popes Supremacy viz. Apud homines verò est differentia personarum quia hominum quidem sunt praecellentes Praelati aliis principantur Dominus Papa videlicet in rebus spiritualibus quae pertinent ad Sacerdotium sub eo Archiepiscopi Episcopi alii Praelati inseriores Item in temporalibus sunt Imperatores Reges et Principes in hiis quae pertinent ad Regnum sub eis Duces Comites Barones Magnates sive Vavasores Milites etiam liberi villani diversae potestates sub Rege constitutae Ad Papam et ad Sacerdotium quidem pertinent ea quae spiritualia sunt ad Regem vero et ad Regnum ea quae sunt temporalia juxta illud Coelum coeli Domino terram autem dedit filiis hominum Et unde ad Papam nihil pettinet ut de temporalibus disponat vel ordinet non magis quam Reges vel Principes de spiritualibus ne quis eorum falcem immittat in messem alienam Et sicut Papa potest ordinare in spiritualibus quoad ordines et dignitates ita potest Rex in temporalibus in haereditatibus dandis vel haeredibus constituendis secundum consuetudinem Regni sui Which passages as they absolutely refute the Popes Temporal Supremacy and Jurisdiction in England upon pretext of K. Johns Charter or the grant of Peter-pence so they admit the Popes Supremacy only in Spiritual things to wit in consecrating depriving Bishops Priests administring Sacraments inflicting Ecclesiastical censures exercising their Ministerial function but not in the sapream Ecclesiastical Government of the Church or Clergy of England vested only in the King not Pope as Gods Vicar to whom all the Archbishops Bishops and Prelates of the Realm were then immediately subject as to their Soveraign Lord and Patron not so unto the Pope who notwithstanding his encroachments on the Crown in King Johns Reign which were regained only by degrees in those bad times by his successors could make no Archbishop Bishop in England or Ireland nor call Synods nor enact Laws or Canons to bind the Church or Clergy of England or Ireland without the Kings Royal assent who by his Writs of Prohibition controlled both the Popes his Legates Delegates and Archbishops Bishops yea Synods Jurisdictions and extravagant proceedings beyond their legal bounds as Bracton himself informs us in his Treatise of Jurisdictions and Prohibitions pertinent to my Theam wherein you may most clearly discerne a combination between the Pope Bishops and Ecclesiastical Courts especially by Bulls and Delegations from the Pope totally to subvert the Jurisdiction of the Kings Temporal Courts in that age and to engrosse them into their own hands to the prejudice of the King his Crown and Dignity and subversion of the antient Laws Customs Rights Priviledges of the Kingdom and Kings Officers Subjects and their diligence vigilancy courage to prevent it by several Writs and forms of Prohibitions thus digested into a perspicuous method and recorded to posterity by Judge Bracton 1. Est etiam jurisdictio quaedam ordinaria quaedam delegata quae pertinet ad sacertium forum Ecclesiasticum sicut in causis spiritualibus spiritualitati annexis Est etiam alia jurisdictio ordinaria vel delegata quae pertinet ad Coronam dignitatem Regis ad Regnum in causis placitis rerum temporalium in foro seculari unde videndum cujus judicium forum actor adire debeat Et verum est quod sive Laicum sive Clericum velit quis convenire debet adire judicem sequi forum rei judicium habebit illum apud quem reushabet domicilium sive domicilium habuerit sub jurisdictione unius vel duorum 2. Et licet generaliter verum sit quod actor forum rei sequi debeat fallit tamen in casibus propter diversitatem jurisdictionum causarum de rebus spiritualibus temporalibus earum sequela sicut in causa matrimoniali rebus permissis ob causam matrimonii quae in foro Ecclesiastico terminari debent quia cujus juris i. jurisdictionis est principale ejusdem juris erit accessorium Et eodem modo sicut in foro seculari agatur de aliquo placito quod pertinet ad Coronam dignitatem Regis fides fuerit opposita in contractu non propter hoc pertinebit cognitio super principali ad judicem Ecclesiasticum 3. Item fallit in causa testamentaria aliis pluribus causis Ecclesiasticis Item ratione criminis convenitur quis ubi deliquit ut si quis crimen commiserit in terra aliena quia ubi deliquit ibi subjceat juri sicut videri poterit de Vtfangthef per exemplum Item ratione contractus quia conveniendus ubi contraxit Item ratione rei petitae ut si Clericus petat versus Clericum Laicum debitum quod non sit de Testamento vel de Matrimonio sequi debet
Archbishop bestowed on Fulco Sandford his Proctor at Rome who betrayed him 850 852 1056. Falco established therein by the Popes assistance after many irreparable devastations of his Archbishoprick 852. His Official in his absence at Rome by his authority confirming the Bishop of Ossory the King upon his and two other Bishops certificates thereof granted a Writ to restore his Temporalties 979 980. The King after the death of Fulco de Saunford Archbp. of Dublin granted the issues profits thereof to Pr. Edward towards the expences of his voyage to the Holy Land excepting all Knights fees wards reliefs eschears advowsons of all Abbies Priories Dignities Prebends Churches that fell void Writs to the Escheator and Archbishops Tenants to this purpose 1056. Robert de la Provend The King of special grace granted this priviledge to him his heirs and their Tenants in perpetual that their goods should not be distrained in any place for debts wherein they were not principal or sureties unlesse where the debtors were within their power p. 1017. Dumensis Dume Bishops Thomas Lidel his election justly nulled by the Archbishop of Ardmach who was ready by his Metropolitical authority to conferr it on Reginald Archdeacon of Dume if the King thereto assented the King thereupon at his request assented to him as a fit person receives his fealty and issued a Writ to the Chief Justice after the Archbishops confirmation of him to restore his Temporalties and to the Archbishop to do his duty in confirming and consecrating him p. 941. E. Elfin Elphin Bishoprick and Bishops I. Archdeacon of Elfin approved Bishop elect by the Popes Ordinance in derogation of the Kings prerogative being chosen without the Kings assent the Archbishop of Tuam refused to consecrate him yet because the Pope gave a laudable Testimony of him in his Letters to the King he issued a Writ to his chief Justice to restore his Temporalties to him p. 635. Thomas Dean of Archada elected Bishop of Elfin by the Dean and Chapter before they obtained a license from the King yet the King assented to his electionâ— to prevent danger to the Church so as by occasion of his grace at this time no prejudice might accrue to him for the future nor any prerogative confered on them but that the Chapter of Elfin when the See became void should have a license from the King before they went to an election 687. He joynes in a complaint to Pope Alexander with the Archbishop and Suffragans of Tuam against the Kings Justices in Ireland for interdicting imprisoning oppressing their Priests and Tenants for crimes and suspitions of crimes before confession or conviction and binding them to appear before secular Judges procuring a Bull to excommunicate them if they desisted not from it notwithstanding any prohibition or constitution p. 857 858 859. Thomas made Archbishop of Tuam p. 955. See Tuam Miso Archdeacon of Clon elected by the Kings License and none excepting against it the King gave his assent thereto commanding the Archbishop of Tuam to do his duty therein and the chief Justice to restore his Temporalties if his election was confirmed by the Archbishop After which the Dean Archdeacon Treasurer and Provost of that Church presented Thomas Abbot of Buelie of the Cistercian order whom they elected Bishop to the King by Letters Patents under their Common Seal certifying him that the Archdeacons election was unduly made without expecting the Kings license which the Archbishop also certifyed by his Letters Patents and that by his Archiepiscopal authority he had nulled his election for certain causes And although the King by reason of the contradiction of these their Certificates might well doubt which of them was justly to be preferred as duly elected yet he assented to the Abbots election upon the Archbishops certificate so as he more fully examined the merit of both elections and certified the King which of them he ought to admit without violation of Law p. 979. After this the Archbishop of Dublin confirming and consecrating Milo and the Archbishop of Tuam Thomas as duly elected Thomas appealâ—d to the Pope who gave a definitive sentence for Thomas as appeared by the Popes certificate to the King and Milo being dead as appeared by the Archbishop of Tuams Letters thereupon the King who suspended the restitution of the Temporalties till the controversie descided between them issued Writs to his Escheator to restore the Temporalties to Thomas without delay out of special grace he receiving first in his name an Oath of fealty which he and all other Bishops and Prelates of the Land were bound to make p. 991 992. F. Fern Bishoprick Bishops ALbinus a Writ to the Chief Justice to attach him by safe pledges and sureties to appear before him on a set day for his contempt in prosecuting a suite in the Ecclesiastical Court before the Archbishops of Dublin Tuam and Bishop of Clokor against William Earl Marshall for his Lay-fee against the Kings Prohibition to them p. 372. A Patent to him and the Archbishop of Dublin to promote and collect the Ayde of all the Irish Clergy granted by the Pope to the King and to repair to Dublin to conferr with the other Archbishops and Bishops concerning it 406 407. A Delegate of the Pope with others in the case of the Bishop of Imelic 422. John a Patent for him and another to receive the profits of all Archbishopricks and Bishopricks which should fall void in Ireland to satisfie a Debt the King owed the Archbishop of Dublin in the first place and after that for the Kings use during pleasure to be answered to his Exchequer 423. Finabarun Finabern Bishop Pope Alexanders Bull to him his Dean and Archdeacon to compell the Kings Officers and Bayliffs in Ireland by Ecclesiastial censures to give over their grievances of indicting suing and imprisoning the Archbishop of Tuams and his Suffragans Clerks and Tenants in Temporal Courts notwithstanding the Kings prohibition or any constitution p. 857 858 859. The Kings Proctors exceptions protest at Rome against it as against the Kings prerogative Ibid. Mauritius elected Bishop thereof by license from the King was unwarily confirmed and consecrated Bishop by the Archbishop of the province before and without the Kings royal assent to his election or receiving or sending to the King for his assent which offence and neglect the King at this time remitting issued a Writ to the Escheator of Ireland to restore the temporalties to him receiving Fealty first from the Bishop in the Kings name according to usage and Letters Patents from the Chapter that they shall not draw the said negligence or omission into consequence yet punishing the Metropolitans Trespasse done to the King in admitting the Bishop elect without his assent according to the quality of it 1017 1018. H. Henechdun Bishoprick IT being antiently a Parish Church and no Cathedral two Bishops were successively placed in it as a Cathedral The Pope upon the Archbishop of Tuams petition to whom it
one Charter of Resignation not two 290 291. The nullity of his Charter to the Pope largely proved by many Authorities Reasons 275 291 to 330. His dolefull lamentations complaints frenzy after he had made it and publick profession with grief That after his reconciliation to the Pope and subjection of himself and his Realms to the Church of Rome he prospered in nothing that all things went crosse with him and his Barons scorned hated rebelled against him 296 297. The Archbishops Protestation against his detestable Charter his Nobles Peoples French Kings revilings and reproachful speeches against him for it 293 294 to 303 431 638 639. The Popes Jesuites foreign Historians mistakes of inferences from it 9 291 292 293. The Rent reserved on it how insolently trampled on at first by Pandulph 274. When and how oft payed upon what account 306 to 315 His Patents Letters Commissions for the exiled Bishops return dammages 271 272 275 to 282. His disclaim of power to outlaw Clerks 278. His submissive reception of the Archbishop and exiled Bishops Oaths to them at his absolution from the Excommunication 278 279. He commits the custody of the Realm to the Archbishop his hatching new Rebellions and â—ncâ—ting the Barons secretly against him under pretext to defend their Liberties granted by King Henry 1. his Charter They refuse to follow him into France he resolving to subdue them by force the Archbishop threatned to Interdict all who should assist him if he persisted 2â—2 He by Proclamation commanded the Laws of King H. 1. to be observed the exactions of Sheriffs Forresters and all ill Laws to be redressed 282 283 335 He enlargeth imprisoned Clerks deliâ—eâ—â—ng them to the Legate 283 He repents of his Agreement with the Pope His sending Ambassadours to Admiraâ—ius King of Affrick to surrender his Kingdom to him become his Tributary and Mat. Paris his relation thereof a mere malicious forgery to defame and render him odious 283 284 285 286. His little regard of the Popish Mass 286. His sequestration of St. Albans and removing their Officers 283. His Messengers Message Gifts to Pope Innocent the most ambitious proud insatiable desirer of Money of all men and pronest to all wickednesses for Money professing that he was and ever would be his Subject and Tributary after his Embassy rejected by Maâ—â—â—elius upon condition that he would confound and excommunicate upon the next occasion the Archbishops and Barons he had formerly cherished against him who thereupon dispatched Nicholas his Legate into England His safe conduct to reception of him His and his Bishops conferences before the Legate concerning their Dammages and release of the Interdict his Charter and Resignation of England and Ireland and Homage for them sealed with a golden Seal made to him 287 to 291 307. The Legates usurpations upon the King Kingdom Church in conferring Benefices by Provisions without the Kings or Patrons consents suspending Bishops Abbots others from their Offices Benefices citing them to appear personally at Rome and not allowing them one peâ—y to defray their charges 987 329 330 334. The Archbishops vain appeal against his Legatine Power proceedings as derogatory to his Archiepiscopal authority His commendation of King John to the Pope That he never had seen so humble and modest a King and the great honour he thereupon found in the Popes eyâ—s 330. His compensation to the Bishops his Letters to his Nobles Subjects and chief Cities Towns in England concerning the release of the Interdict after 6 years 3 months and 14 dayes duration 331 332 333. His grant of the Custody of Saint Edmonds Abby to the Legate and Protection of it for his use 333. His Writs to three of the Cinqueports and Sheriff of Nottingham for restoring the Rights of the Archbishop and Lands of the Bishop of Lincoln to them 334. The severe suspensions of such Clergy-men who adhered to or received Benefices from him during his Excommunication and Interdict by the exiled rebellioâ—s Prelates restored with their Dammages 334 335. The Barons demand raise Forces against him for the confirmation of the Great Charter by the Archbishops encouragement the Chief Adviser and Instrument thereiâ— 335 336. His confirmation thereof and of the Charter of the Forrest with new Clauses thrust into it by the Bishops for their advantage by his own Oath the Popes Bull and appointing 25 Conservators of it all sworn to ayde and assist them in the preservation thereof and seise the Kings Castles if he receded from the same 335 336 337 338 935 936. His new Charter to the Bishops and Clergy touching the freedom of Elections saving to himself his Regal authority the custody of the Temporalties of vacant Bishopricks and Monasteries during the vacancy the power of granting Licenses for free Elections upon petition and right of confirming them after Elections made or disallowing them for just cause shewn 337 338 936. His Charter of the Patronage Royalties and Custody of the Bishoprick of Rochester to the Archbishops and his Successors his ungrateful treacherous requital of it in surrendring the Castle of Rochester and Ammunition in it to the Barons against his trust 339 340 344. His Complaints Letters Appeal to the Pope against the Barons in extorting the Great Charter from him by seising the City of London and armed force whiles under the Popes protection and crossed for the Holy war with the Popes Oath thereupon by Saint Peter not to suffer so great an injury to go unrevenged his nulling the great Charter and all Oaths Obligations for its observation by his definitive Sentence Bull sent into England by advice with his Cardinals reciting the grant of England Ireland to St. Peter and his Successors by K. Johns Charter and golden Seal under the annual rent of 1000 Marks and Oath of Fealty excommunicating all who should afterwards presse or maintain this Charter reprehending them for taking Arms against him contrary to their Oath of Fealty and advising them to honour obey please him by submission to him 340 341 342 343. The Barons rise up more fiercely against him notwithstanding the Popes monitory and minatory Letters to them endeavouring to expell him the Realm the Sentence of Excommunication denounced against them in general to be published every Lords day and Holy day throughout all England with Bells Book and Candles enjoyning all Laymen to assist him with their Counsel aide and suspending all Bishops from their Office and Subjects obedience who neglected to execute it 343 344 345. The Archbishop delayed its publication as gotten by mis-information for which he is suspended from his Archbishoprick cited to Rome upon New Letters of Complaint by the King against him there again suspended and his Suffragans absolved from their obedience to him for refusing to obey his Superiours 345 346 347 348. The Barons appeal against the Excommunication as null because not particularly named in the â—ull of it whereupon they and some Londoners are particularly excommunicated Interdicted by Name in two other Bulls which
Of the Barons and Churches of London by the Pope and his Legate without any remedy by Appeal for contemning his Excommunications of them and taking up armes against King John to defend the Great Charter of Liberties after his nulling it as extorted by force and prohibition to maintain it under pain of Excommunication 359 â—â—0 361 362. Their slighting derâ—ding exclâ—ming against it as null having no power â—reâ—â—dent from Saint Peter or Scripture Appeal against it to the next General Council and to Christ officiate notwithstanding it Ibid. King Henry 3. â—njoyned by the Pope under pain of Excommunication and Interdict to inquire of and punish such who broke open the Romans barns and took away their Corn against the Liberties of the Church and his Coronation Oath whereupon he issued out Inquisitions against them 436 437. Against all Harbourers of Pyrates or such who send any Victuals Arms Ships or hold Commerce with Saracens to the prejudice of the Holy Land and against all Christian Kings Princes who made not peace with each other or invaded one anothers Territories during four years space to the hinderance of the Holy War This to be solemnly and publickly denounced in all Cities and Port-Towns on all Lords-dayes and Holy-dayes 449. 450. A General one ordered by the Archbishop of Cassal in Ireland of the Kings Tenants by his Authority against the Decree of Pope Honorius to be reversed within 15 days 384. Of the Cathedral and whole City of Winton by the Bishop elected consecrated against the Kings will for keeping him out of the City by the Kings special Writ to the Maior 584. 586. Of such as having layd down the Crosse refused to take it up or redeem it for Monys 681. Of those who opposed Pope Innocents grant of the First-fruits of all Benefices for seven years without any benefit of Appeal 583. Of the Monastery of Saint Albans for 15 days by the Popes Exactors of a Tax notwithstanding all their privileges evaded by a Non obstante during which their Bells Masses ceased onely they said their Canonical Howres with a low voyce 846. Of Sewald Archbishop of York for opposing the clandestine intrusion enstallment of an Alien into the Deanery of York by the Popes provision 850. 851. 926. 927. Of the Kings Castles Cities Towns Lands and also of the Kings Officers Judges Sheriffs Nobles Lay-mens Castles Lands by the Archbishop of Canterbury Bishop of London or other Bishops â—or summoning Bishops or Clergymen to appear in secular Courts for any Causes civil or criminal or distraining or attaching them for their contempts in not appearing 900. 901. 902. For refusing to take imprison excommunicate Persons or releasing conversing with them whiles excommunicated by the Kings Writs or otherwise before satisfaction given to the Church 903 904. For out-lawing Clerks in Criminal or Capital causes for not appearing to answer their Crimes in the Kings Courts 904. 905. For suing out Prohibitions or Attachments on them against Bishops and Ordinaries for suing men for breach of Faith and Oaths in Civil contracts 905. Of Jews by Interdict of all Commerce with them 905. 906. For hindering Prelates by Prohibitions and Attachments to compel persons to take Oaths in Criminal causes or testifie the truth or inquire of mens offences in their Courts and Visitations 907. For Abbots not entring into Bonds to the Popes Merchant for the King in such summes as the Popes Agents and the King demanded from them 933 934. Of the whole City of York by the Archbishop for a long time 954. Of King Henry 3. subjecting himself to excommunication and his Realm to the Popes Interdict by his Patent and Articles if he paid not Moneys to him c. for Sicily at certain dayes 919. Of the Bishop of Bangor of a Chappel in Wales for a laye Cause prohibited and ordered to be released by the Kings Writ 1009. By the Popes Legate of the City of London the Cinqueports and all the Barons in armes against King Henry the 3d. 1015. 1016. His Interdict brought by the Bishops out of France into England taken by the Inhabitants of Dover torn thrown into the Sea in contempt and not executed Ibid. Appeals against it to a General Council or to the Supream Judge 1025. See Excommunications Intestates Goods claimed seised on by a Papal Statute in England and elsewhere for the Pope forced at last by the Cardinals to null his constitution therein for its scandal and injustice 664. 671. 672. 681. 682. 692. 921. 922. Investitures of Bishops Abbots by a Pastoral Staff and Ring the antient approved right of our Kings and Christian Emperors wrested from them by the treachery perjury rebellion of Popes and popish Prelates after many years contests yet still their undoubted right by their own Canons Bulls 2. 226. 250. 328. Invocation of Mery and Saints by Papists See Mary Prayers Joseph of Aramathea his burial of Christ reserving the Water and Blood wherein he washed his dead Body for a Relique a Viol thereof sent into England attested to be his very blood 1200 years after there adored 712. 713. The fable of his long life 421. Is in This Is my body predicated onely significatively representatively not identically proved by sundry other Scriptures daily common instances 78. 79. Never signified nor produced a transubstantiation made by it when uttered in Scripture or Story Ibid. Judges Popes others not to be Judges and Parties or Judges in their own Cases by Popes own Doctrine 303. 343. Yet they were so in all cases between Kings Emperors and themselves 303. Enemies not to be Judges yet Popes both Enemies and Judges See Enemies Judges bound to defend the Kings Prerogative yet complained of by Archbishops Bishops Popes and ordered by their Constitutions to be excommunicated Interdicted for maintaining it and the Subjects Liberties against their usurpations and granting Prohibitions to that end 429. 430. 499. 704. 705. 706. 710. 827. 828. 857. 858. 859. 872 to 913. 964. 965. 969. 970. 972. Chief Justices of England and Ireland See Index 8. Judges Delegates and Subdeligates to which of them Prohibitions are to be directed 879. 880. Jurisdiction of Kings in and over all Ecclesiastical religious affairs Persons Churches 1. 2. 3. 4. 5. See Bishops Election Prerogative Prohibitions and Index 2. 3. 4. Opposed denied by Popes popish Prelates Canons Canonists 5. 6. 7. 8. 89. 874 to 912. 983. 990. 991. None coercive in Popes Bishops by Divine right but only by grace grants of Kings to be exercised in their names stile authority by their Commissions as their Substitutes 2. 3. 4. 5. What matters causes of right belong to Ecclesiastical Persons Courts Jurisdiction by the Lawes Customes of the Realm of England and Ireland What not and what to the Kings Temporal Courts See Bishops Canon Prerogative Prohibitions Excommunications Index 3. 4. 5. 6. p. 1 to 9. 272. 872 to 913. Bractons Discourse of Jurisdictions his distinction of Civil and Ecclesiastical Jurisdiction in Kings and Popes according to the
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 9â—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 2â—3 234 242 251 252 279 323 324 334 335 336 380 381 571 57â— 575 576 58â— 592 593 6â—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 â—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 Christiaâ— 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