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
no other cause being known but the Popes pleasure Levies of Moneys to the Popes use without cause In the year 1245 the Pope demanded of all Clerks that were Non-resident half their Revenues and of those that were resident a third part Matthew Paris writeth that in the year 1257 the Popes Proctors sent with his Bulls into this Realm extorted of Clerks and Religious Persons great sums of Money and if any found themselves Grieved and offered to appeal they were forthwith by one Commission or other Excommunicated Mat. Paris fol. 1002. In the year 1248 he exacted of the Monastery of St. Edmondsbury the place of the Abbot being void 1000 Marks and would not confirm the Election of the new Abbot until the Monks had promised to pay 800 Marks In the Reign of King Edward the Second Pope John XXII reserved to his See the First-fruits of all vacant Benefices for the space of three years At that time also certain Usurers set up in England called Caursins who by Usuries and strange Arts devised in Italy did eat up the poor People and the Clergy The King himself was much indebted to them The Bishop of London would have repressed them but because they were maintained by the Pope he was not able to efâ—ect it The Franciscans and Dominicans preached up the Popes Power â—nd drew all the Confessions to themselves and every day obtained â—riviledges to the prejudice of the Parochial Priests who became â—lmost useless The State of England was deplorable for hungry â—talians of the baser sort with Bulls and Warrants from the Pope came daily to fleece the People and to raise such sums of Money â—s they would demand upon the Clergy If any denied what they demanded he was presently Excommunicated And they that held the great Benefices were Strangers who were but the Popes Farmers This caused Matthew Paris that lived then and beheld these things to lament That the Daughter of Sion was become like a shameless Harlot that could not blush by the just Judgment saith he of hâ—m that made an Hypocrite to reign and a Tyrant to domineer Sometimes the Pope made his advantage by Grants made to other Bishops to spoil the Realm as to the Bishop of Rochester whose Name was Laurentius de Sancto Martino a Chaplain and Counsellour of King Henry the Third This Man got a Dispensation from the Pope to hold all his former Livings in Commendam with this Bishoprick And yet alledging that his Bishoprick was the poorest of England and therefore his Living yet unable to maintain the Port of a Bishop he never ceased till he had extorted from the Clergy of his Diocess a Grant of a fifth part of all their Spiritual Livings for five years and appropriated unto his See for ever the Parsonage of Friends-bury The Pope at the same time granted a Bull to the Archbishop of Canterbury to collect the Fruits of all vacant Benefices within his Province for one year Mat. Paris fol. 1000. SECT 18. The way that yielded to the Pope his greatest Harvest The Popes Legats was by Legats sent into this Realm for they coming hither under a plausible title of care to reform things that were amiss within the Realm and the presence of a Legate having an Authority little inferior to the Pope himself being terrible to the Subject they had opportunity not only to gather to their Masters whatsoever they liked to demand but also prevailed intollerably for themselves and some of them with such insolence as it is strange that any Prince could ever suffer them in his Realm I shall here speak something of the Original of these Legats and shew how by degrees the Legati à latere were brought in Authority amongst the Nations and how they did inlarge the Popes Phylacteries At first because Rome was the chief City of the Empire from thence as from a Seminary were preachers sent to sundry Nations to preach and plant the Gospel or to confute Heresies afterwards to provide vacant Benefices and to supply the absence of the Roman Bishop in Synods in all which they did no other thing but as other Bishops might have done and also did But when the Bishops of Râ—me were made Patriarchs and became ambitious these Legats did the same Offices at some times but therewith they began craftily to injoyn unto Archbishops and Metropolitans to execute some things which they were commanded by the Word of God to do and they would give them power within their own Diocesses as if Bishops had been Vicars of the Roman Patriarchs or his Legat. Petrie's Church History p. 272. These Primats did gladly imbrace the show of Honour that for reverence of the Roman Church they might be the more respected in their own Jurisdiction and sometimes the more easily advance themselves above their Competitors Sometimes the Popes sent Legats into other Diocesses with such modesty that they had Authority to attempt nothing without concurrence of the Bishops or Synod of that Countrey Albeit these Legations were partly good and just and at the worst were tollerable yet they were not potestativae or imperious but charitativae or exhortatory nevertheless the Popes brought the Churches and Bishops into subjection by such means for afterwards they were sent only for ambitious Usurpation Covetousness and Worldly Affairs The ordinary Legats at Pisa Romandiola Bononia Ferrara Avignon and if there be any other such are Provincial Deputies Praetores or Vice-Roys The Nuncio's at the Court of the Emperor or of any King Prince or State are Ambassadors or Spies for Secular Affairs The Affairs of any Church that are gainful if they be of less account are reserved unto the Judgment of the Nuncio yet not definitively but to be determined at Rome And things of greater importance are wholly reserved for the Court of Rome The Ancient Bishops of Rome did severely injoyn their Legats to acknowledge duly the inferior Bishops within their own Jurisdiction but now they pass by the Metropolitans and draw all Actions unto themselves and the Court of Rome Likewise their Ambition and Avarice have so provoked some Nations that they will scarce â—it any Legat as Sicily and France have intrenched their Office â—â—e particultrs are more largely written by Antonius de Dominis â—hbishop of Spalato de Republ. Ecclesiast lib. 4. cap. 12. â—f these some had the Titles and Ensigns others the power of â—ats or more without the Title or Badges Some were sent â—essively into England Wales Ireland France and elsewhere â—ublish Popes Excommunications Interdicts Bulls Croisados â—ms Suspensions Citations Mandats c. to and against Emâ—â—â—ors Kings Princes Bishops Abbots Priors and all sorts of â—sons to exact collect Moneys Pillage Sacred Churches â—â—nasteries Mansions founded by our devout simple Ancestors for â—â—ief of the poor of Strangers and Sustentation of Religious â—â—rsons c. â—t was an Ancient Priviledge of the Kings of England and Scotâ—â—â—d that no Legat à latere should come into any of
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