and Judicatures Decreeing Interdicts and Excommunications against the King his Judges Officers Lands Castles and Lay subjects for which Liberties they resolved to contend even unto Death The Archbishop was forced by the King and Barons to fly the Kingdom for this and other like Constitutions against whom they complained appealed and sent their Proctors to Rome Which Constitutions are yet Printed in Lâ—ndewood and Aton and urged for the Canon-Law of this Realm by some aspiring Prelates and Ignorant Canonists of late times saith Mr. Prynne though always opposed in such manner as hath been related Prynn's Exact Hist vol. 2. yea totally neglected or seldome put in use in times of Popery by those which made them as Lyndewood himself acknowledgeth in hâ—s Epistle to Henry Archbishop of Canterbury before his Provâ—nciale SECT V. The Kings Prohibitions Contemned 5. The King's Prohibition disobeyed by the Popes Warrant is another Grievance complained of in those days For Pope Eugenius hath so decreed That no Spiritual Judge shall stay from proceeding in any Cause termed Ecclesiastical in regard of the Kings Prohibitions c. Decernimus Extra de judiciis The Prohibitions sent by our Kings their Council Courts Judges to Archbishops Bishops Archdeacons Officials and other Ecclesiastical Persons were some of them against admitting Clerks to Benefices or Prebendaries till the Title were tried in the Kings Courts Some against holding â—lea of Advowsons of Chappels Churches Prebendaries or determining the Rights of Patronages to Churches Chappels and Prebendaries in Ecclesiastical Courts or before Popes Delegates Against Alienation of Lands in Capite in Mortmain or otherwise Against granting Administrations of Intestates Goods Debtors or Accomptants to the King till the Kings Debts satisfied Against Appeals to Popes Pryn's Hist of Popes Usurpations Vol. 2. p. 393 394 878 8â—9 or any other in cases of Certificates of Bastardy to the Kings Courts or trying Bastardy in Spiritual Courts their Canons crossing the Common Law therein Against Abbots or Convents borrowing or others lending them Moneys upon Bond without their joynt consent and the Kings c. Against Archbishops Consecrating Bishops Elect not approved of by the King after their Election Against their holding and meeting in Convocations or Council or acting and doing any thing in them â—ejudical to the King or Kingdom Some Prohibitions were aâ—â—inst Bakers imprinting the sign of the Cross Agnus Dei or â—â—me of Jesus upon Sale-bread Some against Bishops and other â—â—eir Officers citing Lay Persons to make Inquisitions Presentâ—â—ents or give testimony upon Oath or excommunicating them â—â—r not taking Oaths in any case except in matters of Matrimony â—â—d Testament being against the Kings Prerogative Law or â—ustom of the Realm c. Against their holding Plea of any Chatâ—â—ls or Goods which concerned not Marriage or Testament or 〈◊〉 Goods Testamentary for which there is Suit in the Kings Exâ—â—equer Against their Citing Excommunicating or Interdicting â—â—â—y of the Kings Barons Bailiffs Judges Officers Sheriffs for â—xecuting the Kings Writs or Misdemeanours in the execution of â—â—eir Offices or any of his Tenants in Capite or of his Demesne â—ands Cities Castles without his special License or Lieutenants c. Against Archbishops Bishops Convents or others presenting to â—ivings or Prebends belonging to the King during Vacations Against disturbing the Possessions of the Kings Clerks presented â—y him to Benefices or Prebends or Judgments in his Courts by â—ny process out of Ecclesiastical Courts or from the Pope or his â—eligates Against Suits in Ecclesiastical Courts Pro laesione fidei â—r breach of Oaths in civil Contracts Against suing there for Lands â—evised by Custom or Actions of Debt devised by the Testator Against Ordinaries malicious Excommunications or Arresting or â—â—prisoning Persons unjustly Excommunicated by them or for â—inging Prohibitions to prevent them Against the bringing of any â—ulls Letters from or sending any Letters to the Pope or Court of â—ome prejudicial to the King or Realm Against citing or drawing â—ny of the Kings Subjects for any Suits to Rome or out of the Realm â—y the Pope his Delegates or others Against collecting any Aid â—isme or Money for the Pope or others by the Popes Authority â—ithout the Kings special Licence and Consent by Popes Nuncioes â—egats Bishops or any others Against Popes Provisions to Beâ—ifices Prebendaries c. belonging to the Kings Presentation 〈◊〉 right of his Crown or by his Prerogative in Vacant Bishopricks â—onasteries Wardships or to his free Chappels or Churches imâ—ropriated Against Clerks and others going to Rome without â—aking a special Oath to procure nothing to the Kings or Kingdoms â—amage Against Popes Legates or Agents coming into the Realm â—nless sent for and taking an Oath to do or bring nothing to the prejudice of the King Church or Kingdom Against receiving or assisting a Bishop or Archbishop made by the Popes Provision Against Popes and their Delegates Sequestration of the Temporalties Goods and Profits of Monasteries Against Sheriffs or Gaolers detaining Clerks in Prison after demand by their Ordinaries Against the Cruce fignati or others going over Sea out of the Realm without the Kings special Licence Against offering violence to the Goods or Persons of Clerks Churches or Church-yards Against removing Moneys of Delinquents and Alliens out of Monasteries Against offering Violence to Jews or their Goods Against Noblemens siding with Bishops in their Quarrels Against Suits between Persons for Tithes when the Patron may be prejudiced or for the Money of Tithes sold until it be discussed by the King and Council whether the Right belongs to the King or whether the Cause belong to the King or the Ecclesiastical Court. Against Examining things in the Ecclesiastical Court that have been judged in the Kings Courts in cases of Presentations to Churches and the like Agasnst Womens Marriages who held Castles or Lands in Capite without the Kings Licence SECT 6. Restraint of the Common Law 6. Another Grievance was That the King was forbidden in causes of Clerks to use the Canon Laws of his Realm but is commanded to decide them only by the Common Law c. Quod Clericus de foro competenti Some Causes ever taken to be meerly Civil Usurpation against Common Law and to appertain to the Crown were drawn to the Ecclesiastical Authority As namely The right to determine Questions of Patronage whereof Pope Alexander the Third wrote to the King of England that it was to be tried by Ecclesiastical Laws and before an Ecclesiastical Judge cap 3. Extra de judiciis Again in some Causes Civil The King not permitted to use the Common Law in some Cases of Lay Persons the King was restrained from the use of the Common Law of his Realm though the same concern Lay Persons As when a Woman by Oath maketh release of her Joynture or Dower the temporal Judge is compellable by the Ordinary his Excommunication to judge of the Oath according to the Canon Law c. Licet jure jurand And where again an
Englands Grievances In TIMES of POPERY Drawn out of the Canon Law Decretal Epistles and Histories of those Times WITH REASONS why all Sober PROTESTANTS May Expect no better Dealing from the Roman-Catholicks Should GOD for their Sins suffer them to fall under the Popes Tyranny AGAIN Collected for the Information and Satisfaction of the English Nation at this Time LONDON Printed for Joseph Collyer and Stephen Foster and are to be sold at the Angel on London-Bridge a little below the Gate 1679. To his much Honoured Friends RICHARD DUKE of OTTERTON High-Sheriff of the County of DEVON AND TO CLEMENT HERNE of HAVERINGLAND In the County of NORFOLK ESQUIRES The AUTHOR Dedicateth this Insuing Treatise Intituled England's Grievances in Times of Popery ENGLAND'S Grievances in Times of POPERY SECTION 1. IT appeareth as well by the Pope's Laws delivered in Decretal Epistles which were particularly and upon sundry occasions directed to the Bishops and other Clergy-men of this Realm of England in Popish times as also by the report of our English Histories that at such time as the Bishop of Rome had his full sway in this Realm the Authority of the King was so obscured as there was hardly left any shew of his Sword and Dignity And on the other side the Subjects destitute of succour by their Natural Prince and left to a most miserable spoil and rapine of the Pope and of such as it pleased him to give them in prey whereof these special Grievances here collected may serve for testimony besides a number of others which come not to my memory but may be easily supplied by any indifferent mans careful Reading GRIEVANCES 1. The first Grievance was The Exemption of the Clergy Exemption of the Clergy who being a considerable part of the Realm by reason that great numbers as well looking to Preferments that then were bestowed upon that State as also drawn by Priviledges and Immunities which they infinitely enjoyed above others sought to be of that number were wholly exempt or at least so took themselves to be from all Jurisdiction of the King and his Justices not in Ecclesiastical Causes only as then they were termed but even in Causes Civil and in Matters of Crime though the same touched the Prince and his Danger in the highest degree The Popes Laws to this purpose are to be seen in C. Clerici extr de Judiciis C. seculares de foro competenti in 6o. and a special Constitution Provincial of this Realm made by Boniface Archbishop of Canterbury in the time of King Henry the Third in the Council of Westminster or Lambeth Anno 1270 or 1272. vid. Prynne's Exact History of Pope's Intollerable Usurpations upon the Liberties of the King and Subjects of England and Ireland Vol. 2. lib. 4. c. 3. Johan de Aton Constitut. Guil. Lindwood Touching the Practice it is recorded in the Decretals that Pope Alexander III. in the time of the Reign of King Stephen wrote to the Bishop of London to take Order by his Jurisdiction in a Civil Controversie of Goods left in the Custody of a Clerk c. 1. de Deposito Likewise it doth there appear that in the time of King Henry II. Pope Lucius III. wrote to the Bishops of Ely and Norwich to compel a Clerk to save his Sureties harmless And to like purpose he wrote in another Case to the Archbishop of Canterbury King Henry III. pretending Title by his Prerogative or by the Common Law to certain Lands which the Archbishop of Canterbury claimed to be parcel of the possessions of his Church was compelled to answer the Bishop in that Cause in the Court of Rome Mat. Paris fol. 494. Adam Tarlton or d'Orlton Bishop of Hereford in a Parliament â—olden at London in the year 1324 was accused of Treason against King Edward II. as having aided the Mortimers with Men and Money against that King Being brought before the King and claiming his Priviledge to be judged by the Pope he was forthwith rescued by the rest of the Clergy After a few dayes the King caused him to be brought before him and when he should have been arraigned a thing till that time never heard of that a Bishop should be arraigned the boldness of the three Archbishops of Canterbury York and Dublin was very strange for they with ten other Bishops with their Crosses erected came to the Bar before the Kings Justices and took him from thence into their own Custody In his absence he was attainted with High Treason notwithstanding and his Temporalties were seized into the King's hand until such time as the King much by his device and machination was deposed of his Kingdom But though the King took away his goods yet he was not suffered to meddle with his Body Tho. Walsingham Hist Angl. p. 98 99. SECT 2. Restrainâ— of making Laws â—or Poliâ—y 2. Whatsoever Laws the King in his Parliament made which in any sort impeached the Priviledge or Liberty of the Clergy or touched their Lands or Goods were for that time holden by the Pope and his Clergy void and of no force And it helped not the King how just cause soever he pretended of any right appertaining to his Ancestors For so are the Popes Laws in precise terms save that some of the later sort reserve to the King Laws touching Services and some other rights in Church lands c. qu. Ecclesiarum de Constâ—t c. Eccles Sanct. Alar c. Noverit c. Gravem de Sententia Excommunicationis And some Popes were so jealous over Princes in the Point that they refused to allow Laws by them made to the benefit of the Church As where Basil Lieutenant to Odoacer King of the Lombards provided by Law in favour of the Church that no Prescription should make his Title good who had bought ought of the Church the Pope misliking that a Lay-man should deal in those Causes disannulled the Law c. â—ene quidem Distinct 96. The pract ce of this injury is notable in the dealing of Thomas Archbishop of Canterbury with King Henry II. For whereas the King in his Parliament had made very reasonable Laws in maintainance of the Ancient Rights of the Crown against the licentious Liberties claimed by the Clergy Among which one was That Clerks in Causes of Felony and Murthâ—r should be tried by the Laws of the Realm for that it was shewed unto the Parliament that then an hundred Mâ—rthers had been committed by Church-men So Nuburgensis noteth lib. 2. cap. 16. not duly punished whereto the said Archbishop and the rest of the Prelats gave their consents and bound themselves to the observation of them by their Oaths the Archbishop afterwards grudging at these Laws departed the Realm obtained at the Pope's hand Absolution from his Oath and forced the King to answer for those Laws in the Court of Rome where the King finding no favour that Garboil insued which after fell out betwixt the King the Pope and the Archbishop and many Murthers committed upon Clerks by the
Ecclesiastical Judge hath determined any Cause according to the Canon Law if the same Matter be brought befoâ—e a Temporal Judge he must alâ—ow the Judgment of the Spiritual Judge that it be pleaded before him cap. ult Extra de exeptionibus But contrariwise if a Clerk be first Condemned by a Temporal Judge the Canon Law hath no regard thereof nor receiveth any thing for proof that was done before him c. At si Clerici de judiciis SECT 7 7. That under the general colour of their Authority Civil Wrongs made Causes Ecclesiastical to mainâ—â—in Ecclesiastical Liberties some Wrongs offered to Church Men 〈◊〉 their Lands and Possessions which otherwise were to be tried â—y the Laws of the Land are by them drawn to their Courts as â—here Entries be made by Lay Men upon Church Lands Simon Mepham Archbishop of Canterbury in a Constitution by him â—nd the Clergy published in the year 1332 hath decreed that eâ—ery one which invadeth the Possessions of an Ecclesiastical Person â—â—all be judged a Violator of Ecclesiastical Liberty and for the same â—xcommunicate SECT 8. 8. Generally the Pope claimeth to be judge of his own Liberties The Pope sole Judge of his own Priviledges â—nd suffereth no Man to examine or determine of them but himâ—â—lf c. Cum venissent extra de judiciis Whereas it is an old Maxime in all Laws that Nemo in propria â—usa potest esse Judex That no Man can be judge in his own Cause especially if Judge and Witness too yea Pope Gregory the First â—â—d a whole Council denounced an Anathema against the Pope â—â—mself or any other that should presume to be a Judge in his own â—ause Sive in rusticano sive in urbano praedio whence Bartholomeus â—axiensis Dr. John Thierry and other Canonists in their Glosses on â—ratian do resolve down-right that Gratian Caus 16. qu. 6. Alvar. Pelag de Planctu Eccles l. 1. Artic. 34 35. Papa in sua causa Judex esse non â—bet That the Pope ought not to be Judge in his own Cause Yet â—lvarus Pelagius affirms the contrary upon this strong Presumptiâ—â— and Supposition Quod non debet aliquam causa a se remittere imâ—o non potest licet suspectus quamdiu est Papa Papa enim aut sanctus est â—â—t sanctus praesumitur non enim praesumendum est quod alias facit Papa â—am Christus vel Petrus cujus est Vicarius Successor That the Pope â—â—ght not to remit any Cause from himself yea he may not alâ—â—ough suspected as long as he is Pope for saith he either the â—ope is Holy or is presumed to be Holy for it is not to be presumed â—at a Pope can do otherwise than Christ whose Vicar he is or Peter â—hose Successor he is But this is a Maxime frequently resolved in â—aw Books by all the Judges of this Realm That none can be Judge 〈◊〉 his own Case who have farther adjudged That if an Act of Parâ—â—â—ment make any Man Judge in his own Case the very Act it self is void Law being against the Law of Nature which ought not to be violated â—â—d all Judgments given thereon are void SECT 9. 9. The Pope challengeth to himself Judgment of Oaths how far â—â—ey extend and how they are to be taken and giveth order for redress of the breach of them Where therefore every Prince at his Coronation taketh an Oath for the good Government of his Realm Princes called in question for their Government he is compelled to answer to his own Subjects at the Court of Rome to every Quarrel and Pretence of his Misgovernment as Matters falling within the Popes Authority to examine and reform the breach of Oaths So did Pope Honorius the Third in a Cause of a King of Hungary as appeareth in the Popes Decretals c. Intellect Extra de jure jurando One of their Canonists of great Reputation and a Cardinal writeth thus Si a Proceribus accusetur Princeps apud Pontificem non satisfaciat vel a Papa se poni potest vel a Proceribus voluntate Papae If a Prince be accused by his Nobles unto the Pope and doth not give Satisfaction either he may be laid aside by the Pope or by the Nobles at the Popes pleasure c. Alius 15. q. 6. SECT 10. Assurance betwixt the King and his Subjâ—cts disturbed 10. He taketh upon him also to assoil Men from keeping their Oaths whereby do grow Disturbances not only of Leagues betwixt one Prince and another but also of that Assurance which a Prince hath of his own Subjects and which sometimes the Subjects have of thâ— Prince in Composition of Quarrels that do happen between them Bellarmine in the Second Chapter of the Book against Barckley saith Pontifex potest d spensare in votis juramentis quae Deus ipse jussit reddâ— quorum solutio est de jure divino The Pope can give Dispensations froâ— Vows and Oaths which God hath commanded to be fulfilled and the keeping whereof is of Divine right Bellarm. lib. 4. de Pontifice cap. 5. And you need not wonder at this 〈◊〉 you consider what he saith elsewhere If the Pope did err saith he commanding Vices and prohibiting Vertues the Church should be obliged tâ— believe that Vices are good and Vertues are evil unless she should siâ— against Conscience In the year 882 Marin or Martin attained to the Papal Dignity of whom Platina saith that he came to the Popedom by ill way There was then one Formosus Bishop of Porto who by the will of Popâ— John IX had been obliged by Oath never to receive Episcopacy though it were presented unto him But that Marin delivered hiâ— from that Oath by a Dispensation giving him leave to be forswoâ— with a good Conscience At that time the Counts of Tusculum had such a Power at Româ— that they made Popes such as they listed Marin being dead the promoted Adrian the Third to the Popedom and after him Stephâ—â— the VII to whom Formosus succeeded who made no difficulty to râ—ceive the Popedom against his Oath This Formosus had but a shoâ—â— Reign he had Boniface the VII for his Successor whom Stephen the VIII succeeded who unburied the Body of Formosus and having arrayed him with his Priestly Robes put him in full Synod upon the Popes Seat Then having cut off his Fingers wherewith he gave the Blessing he caused him to be dragged and cast into the River Tiber declaring him a Perjured Man and an Unlawful Pope That Stephen for his Tyranies was taken by the Roman People and strangled in Prison To that Stephen Romanus succeeded and to him John the X both which restored Formosus again to his good Name For this John assembled a Council at Ravenna where all the Acts of Formosus were made valid and his Perjury approved But Sergius that succeeded abrogated all that and again unburied the Body of Formosus with a thousand Reproaches It is a particular stain to that Age
unite appropriate divide such Livings and do many strange things else about them no cause appearing to any man but his own will The Popes Legates also procured of the Kings of England Stipends and Provisions of good value out of Ecclesiastical Benefices and other Dignities Rustand the Popes Legate being in Favour with King Henry the Third procured from him besides the Livings he obtained by the Popes Provisions a Grant of Provisions out of the Ecclesiastical Benefices Dignities and Prependaries which should first happen in his own Gift amounting to 300 Marks by the year to be preferred before all others formerly granted by him one only excepted SECT 16. Souldiers mustered and sent out of the Realm 16. Soulders have been Mustered and sent to Foreign Wars out of the Realm upon the Popes Commandment which Case hapned in the time of King Richard the Second the Pope gathering within this Realm a Band of Souldiers for the Wars of the Holy Land and appointing them for their Captain the Bishop of Norwich The Realm generally misliked that their Souldiers should be committed to the Guidance of an Ecclesiastical Person unacquainted with the Wars and therefore resisted for awhile but at length suddenly yielded upon a superstitious Conceit taken in their Heads The Croisado's for the Relief of the Holy Land was a Papal Cheat for Popes and others to pick simple Christians Purses for Popes Designs to maintain Wars against Christian Emperors and Princes the Greek Church and the Albigenses detesting and opposing Papal Usurpations and Corruptions to inthral depose and murder them So great was Pope Innocent's Animosity against the Emperor Frederick that when Forces of the Croisado came out of France or England or other parts to sail into Syria to defend Jerusalem and the Holy Sepulchre against the Saracens he stopt them and gave them the same Graces and Indulgences as if they had performed the Journey into the Holy Land upon Condition that they should turn their Armes against Frederick whose Power lay upon him because he stiffly maintained the Rights of the Empire The Pope proceeded so far as to give the Empire to Robert Brother of Lewis IX King of France upon condition that he should conquer it But Robert sent his Present back to the Pope both because he sent him no Money to furnish him for that Conquest and because he found it very strange that the Pope would give that which was none of his Also because he shewed himself an Enemy to a great and vertuous Prince who had done and suffered so much bravely fighting for the Cause of the Christians against the Infidels Then he added That the Popes are lavish of the Blood of others and that their end is to tread all the Princes of the world under their feet and to put on the Horns of Pride Mean-while persecution grew sore against those whom they called Vaudeois and Albigenses against whom the Pope caused the Croâ—sado to be preached and an infinite number of them to be massacred Pope Gregory IX who compiled the Decretals needing Money for his War against the Emperor Frederick sent a Legat into Engâ—and named Stephen who exacted a tenth part of all their moveâ—ble Goods that is of all their Flocks Rents Fruits Wares Offerings and Gifts to the Church And the said Legat had power â—o Excomunicate all that should refuse to pay and to put the Churches in Interdict He injoyned the Prelates upon pain of Exâ—ommunication to make that Collection speedily and without â—elay All that should cross that Holy Work he Excommunicated â—pso facto He would be paid in new Coin and of good Weight He took the Tithe even of the Corn in the first Blade that is of â—he Crop of the year after In these Exactions he was so urgent and griping that the Parishes were forced to engage the Chalices and Church-Plate to satisfie his Covetousness And he had certain Usurers with him who lent Money upon double use to those who had no ready Money This caused a great Clamour and Lamentation over all the Countrey but without effect The Money was imployed by the Pope in inâ—ading many Towns belonging to the Emperor in Italy And the Emperor could not defend them because he was ingaged against â—he Saracens in the Levant where he took Jerusalem and put the Affairs of the Christians in a flourishing Estate And it is probable â—hat he had utterly destroyed the Saracens if the Injuries which he â—eceived from the Pope had not re-called him For the Emperor making a League for ten years with the Saracens and returning â—nexpectedly from the Holy Lâ—nd Mat. Paris p. 351 352. Matth Westm p. 128 129. interrupted the Popes proceedâ—ngs and soon recovered all his Castles so that the Pope was â—orced by meditation of Friends to stoop to the Emperor and make his Peace with him beyond all Expectation Scarce was the Collection ended made by Stephen the Legate when Pope Gregory inventing Extortions grounded upon fair Reaâ—ons sent Nuncios with power of Legats who by Sermons Exâ—ortations and Excommunications brought an infinite number of English Men to Mendicity and turned them out of their Houses This was done under a pretence of contributing to the expence of the Holy War of which himself hindered the success and yet he promised to them that should contribute Money for it the remission of â—ll their sins and to them that should go in Person an Augmentation of Glory yet the Pope never gave any part of the Money raised â—or that expedition to any Prince that paid Armies and sought â—or that Quarrel All was thrown into the Popes Coffers as into 〈◊〉 Gulph and by him imployed to make War against Frederick for he presently broke the Covenant sworn unto him The Treasure of the Realm spent in the Popes Wars Mat. Paris fol. 703 704. Moreover Wars made by the Pope were oftentimes supported at the Charges of Forreign Countreys the Pope bearing them in hand that they were the Wars of the Church and therefore did in common concern every of their States and Interests under which colour large Contributions have been drawn out of this Realm In the year 1240 the Pope forced all Aliens within this Realm to contribute to the Wars against Frederick the fifth part of the Revenues of their Spiritual Livings and in the same year took another fifth part of all Bishopricks to the same use The Pope ceased not thus but immediately commanded new Collections to be made still pretending his Wars with the Emperor against which Commandment the Clergy made divers Exceptions which are at large set down by Matth. Paris fol. 714. and 7â—5 Idem 1219. In the year 1255 Alexander IV. sent a Legate into the Realm who exacted the tenth part of all the Goods and Chatels in England Scotland and Ireland pretending the Church-wars against Manfred who had invaded the Kingdom of Naples which the Pope claimed to appertain to his See SECT 17. Sometimes again great sums were levyed
by and given unto Legats Popâ— Innocentius sent one Martin into England for his Legat Rewards given to Legats who waâ— not ashamed to demand Plate Geldings and other Reward without measure And if those things wherewith he was presented liked him not Mat. Paris f. 870. he would proudly send them back to their Ownerâ— and threaten them with Excommunications except they broughâ— him better And other Examples in the same Authors there weâ—â— divers Rich Presents were sent unto the Legats The Bishop of Wiâ—ton presented Otho with Fifty fat Oxen One hundred Quarters oâ— the best Wheat and Eight Tun of the strongest Wine for his Table Others presented him with handsome Palfreys rich Vessels Furrs Vestments and divers other Provisions of Meat and Drink Again the charge of the ordinary Entertainments of a Legat waâ— a great matter for all his Charges were born by the Realm Whaâ— those Expences might grow unto may be conjectured by one demand of Procurations made by the said Otho which yet was buâ— a piece of his Allowance for in the year 1240 giving notice to the Clergy that he must tarry in the Realm some time longer than at first was assigned unto him in which space he was not to spend of his own commanded a second Levy of Procurations to be made Mat. Paris fol. 702. wherein he made shew of some favour more than was ordinary giving to understand that he meant not to receive of any Church above four Marks and where the Churches were poor he would be content that two Churches should joyn in contributing those four Marks The use of Legats What benefit the Realm received for all these charges upon the Legats the Monuments of two of the chief of these Legats Otho and Ottobon I mean their Legantine Constitutions which were the fruits of their Reformation do well shew They contain Matter of little or no moment in the World and such as every Bishop in his Diocess might have ordered well enough viz. Triffles about Citations Proxies and other small matters Danger by the stay of Legats in the Realm Nich Machiavel History of Florence Moreover their long abode and lingering in Countreys cannot but be dangerous to the States where they come because having opportunity to know the secrets of the Realm they bestow that knowledge often times unhappily being persons imployed in â—ore Countreys than one and often where discovery of such â—ecrets proveth perillous to those Realms where they have served â—efore Nicholas Machiavel that great States Man in his Hiâ—â—ory of Florence noteth of his time that the most of all the Wars â—nd Garboiles in Christendom were kindled by the Whisperings of â—â—e Popes Legats SECT 19. 19. It is also proved by the Canon Law Original Suits at Rome that any Ecclesiastical â—uit may be commenced Originally at Rome This cannot be void of great charges to the Subject and is very â—ainful to the See of Rome and the Charge lieth not alone in the long Travel thither and tedious Attendance upon that Court but in â—he Cumbersomness of many intricate Questions arising upon Commissions sometimes one crossing another and sometimes doubtfully â—enned sometimes again controlled by colour of wrong Suggestion â—nd a great number of ways besides whereof the Decretals are full â—nd most of them are directed to Bishops of this Realm which beâ—okeneth that this Plague hath touched our English People more than â—ny other The Subjects were constrained to follow the Popes Consistory for â—heir right and there to waste themselves in Suit in such wise that one Case of England was thirty years depending in Rome Ante litem contestatam as Speculator writeth And the case between the Archbishop of Canterbury and the Archbishop of York for the Controversie whether the Archbishop of York might have Cross born before him within the Diocess of Canterbury a goodly Matter for Bishops to contend about did hang many years in the Court of Rome And likewise the Case between the Bishop of Worcester and the Abbot of Evesham â—or the Vale of Eveshâ—m The Decretals are full of English Cases decreed even as the parties found favour in the Court of Rome And the poor Cause of Matrimony of Cetwood did hang in Rome and was reserved there by Act of Parliament and never was decided And that very point was the occasion that King Henry VIII did look into the Usurpation of Rome because the Pope would needs Excommunicate the King for not answering in his own Case at Rome as is notably discovered by Bellay in his Memoires Bellay in Memoires who was the Ambassador for the French King in England and was sent of purpose to Rome to stay the Excommunication and could not get six dayâ— respite and yet withâ—n these six days the Messenger came with Instructions to have appeased the Matter SECT 20. Great sums carried out of the Realm for Dispensations What infinite Treasure was there carried out of the Realm by thâ— Pope's Collectors and by Bankers for Bulls and Dispensations 〈◊〉 man can tell Therefore the French King hath many times made Edicts against the Carrying out of Money for Bulls out of France aâ— of a thing that spoiled the Realm of their Treasure using the Terâ— Epuiser les Treasors du Royaume as a man doth draw the water of 〈◊〉 Well to dry up the Water The Sums that were yearly made of Dispensations and Absolution in Cases reserved were infinite as also of Pardons and Indulgenceâ— and other Faculties It appeareth by the Book of Taxes made foâ— Dispensations in the Reign of Henry VIII that there were founâ— Two hundred and sixteen Letters of Dispensations given by thâ— Pope and that the Taxe of some of them were Two hundred Marks of others an Hundred Pounds c. Tho. Walsingham fol. 257. Thomas Walsingham writeth That in the time of King Richard thâ— Second one Pileus the Pope's Legate made such a Market witâ— Sale of Faculties that his Officers that were about him in that Service grew weary of taking Silver and did not stick to say Thâ—â— they had Silver enough and therefore would not afterwards be paid foâ— their Wares in any Coin but in Gold Robert Grosted Bishop of Lincoln being suspended his Bishoprick for opposing the Pope's Provisions Matth. Paris fol. 1145. Anno 1252. and trampling them under hiâ— feet caused his Clerks to take a view of all the Spiritual Livings oâ— Aliens in this Realm and to make a diligent Inquiry to what an Annual Sum they amounted unto who found them to exceed above Seventy thousand Marks And it may be easily collected what the Pope's Share was in those Gifts What the ordinary Payments were that were yearly made to the See of Rome he that shall make the strictest Inquisition shall hardly understand SECT 21. The Kingdom of England being daily oppressed with many intollerable Grievances and divers new Devices to extort Moneys more than before in the dayes of King Henry the Third