quapropter ipsum non criminor Necesse habeo ad sinum misericordiae vestrae paternum refugere auxilium à vobis in hac necessitate petiturus Videmus namque nobilem virum Comitem Richardum qui licet cruce non signetur per obtentum gratiae vestrae in hac parte nimis fructiferae à cruce signato populo non minimam pecuniam vindemiare in Regno Angliae ego ex eo spem consequenter accipiens cruce signatus indigens eandem mihi postulo concedendam Considerans igitur Dominus Papa loquentis facundiam rationis efficaciam corporis elegentiam se ipsi favorabilem exhibuit concedens ei in parte quae postulavit latam videlicet ex aliena cute corrigiam Tunc etiam temporis Comes Richardus authoritate Domini Papae cujus indigentiae clà m cautè satisfecerat a cruce signatis infinitam collegit pecuniam ita quod ab uno Archidiaconatu dicitur sexcentas libras reportasse harum literarum fretus auctoritate Consimilique cautela Willus Longa Spata mille marcas et amplius de cruce signatis ut praescriptum est reportavit besides what Archbishop Boniface qui in partibus transmarinis Domino Papae militabat violently extorted by Excommunications from the Bishops and Clergie of his Province at the same time of which before In regard of the manifold Extortions this year both at home and abroad by the Pope and his agents principally to raise and maintain Wars against the Emperor Mat. Paris and Matthew Westminster render us this Epitome and brief character thereof Transiit igitur annus ille uberrimus in frugibus in fructibus autem sterilis Angliae nocivus Walliae dominator Tyrannicus Terrae Sanctae inimicus suspectus et formidabilis Ecclesiae nocivus universali et spoliator turbulentus Italiae cruentus Imperio et Curiae Romanae infamis et inimicus et praecipue Regno Alemanniae martius et hostilis Regnis Francorum et Anglorum exactor hostilis et praedator turbulentus odium generans in cordibus Praelatorum et aliorum plurium contra Papam eo quod Patronis violenter spoliatis suspendit a beneficiorum collatione quod est hactenus inauditum et contra Dominum Regem eo quod talia toleravit As the Pope thus vexed oppressed the Clergy and Religious persons on the one hand this year so Bishop Grosthead and his Ecclesiastical Officers vexed oppressed the Nobility and Laity on the other hand by Bulls Priviledges obtained at a dear rate from this Pope as our Historians and Records inform us For this Robert Grosthead Bishop of Lincolne after a long contest and suit at Rome Anno Dom. 1245. purchasing from Pope Innocent the 4th a Priviledge forecited to visit the Dean Chapter Canons Clerks Ministers of the Quire and Cathedral Church of Lincolne and all the Ministers Chaplains Churches and Parishioners belonginging to the Churches within his Diocesse et ad correctionem excessorum ac morum reformationem libere admittendum And likewise that the Canons of Lincolne should yield and render to him Canonical obedience and reverence Obligare se tamen ad hoc Iuramento manuali praestatione seu promissione minime tēneantur cum ad hoc consuetudine non juveris The next year Anno. 1246. he visited his Diocesse in pursuance of this priviledge by his Archdeacons Deans and Officials and at the suggestion of the Friers Minorites and Predicants in his Visitations and Consistories made strict Inquisitions concerning the continency and manners as well of the Noble as ignoble to the enormous defamation and scandal of many compelling Laymen to present and give in testimony in these cases upon Oath an Innovation never used in the Realmes before The King upon complaint thereof issued forth Writs to the Sheriff of Lincoln to inhibit any Lay persons within his County to appear before them to make any Inquisitions or take any Oath at the will of the Bishop except only in causes of Matrimony and Testament which Matthew Paris thus records to posterity living at that time within this Diocesse and taking special Notice of these proceedings His quoque diebus cum Episcopus Lincolniensis supra quà m deceret vel expediret in Subjectos suos ad suggestionem ut dicitur Praedicatorum Minorum desaeviret ita scilicet ut faceret Inquisitiones districtas per Archidiaconos et Decanos suos in Episcopatu suo de continentia et moribus tam Nobilium quam Ignobilium in enormem laesionem famae multorum et scandalum QUOD NUNQUAM FIERI CONSUEVERAT Dominus Rer audiens super hoc populi graves quaerimonias CONSILIO CURIAE SUAE scripsit Vicecomiti Hertfordiae in haec verba Henricus Dei Gratia Rex Angliae c. Praecipimus tibi quod sicut teipsum et omnia tua diligis non permittas quod aliqui Laici in Balliva tua ad voluntatem Episcopi Lincolniensis Archidiaconorum Officialium seu Decanorum ruralium in aliquo loco conveniant de caetero AD COGNITIONES PER SACRAMENTUM EORUM VEL ATTESTATIONES ALIQUAS FACIENDAS nisi in Causis Matrimonialibus vel Testamentartis Quod cum audisset Episcopus asserebat Dominum Regem quorundam Conspiratorum qui jam in Francia in consimilem audaciam proruperunt vestigia securum An insolent undutifull answer of a furious turbulent wilfull Prelate The Conspiracie of the Nobility and Commonalty of France which Grostheads words related to is thus recorded by Mat. Paris They being intollerably oppressed by the Insolencies usurpations of the Pope French Bishops and Clergy upon their antient Liberties Rights Priviledges by citing them into their Ecclesiastical Courts for Temporal Matters and causes belonging to the Civil Jurisdiction judging them by new Canons and Constitutions made by themselves alone without common consent in their Parliaments when as they ought rather to be Judged by the Nobles and Laity by whose Valour and Liberality they enjoyed all their Ecclesiastical Priviledges and possessions Excommunicating interdicting enforcing them to take new Oathes and tyrannizing over them at their pleasures as if they were slaves and vassals rather then Freemen they thereupon after all other fruitlesse complaints entred into a Solemne League and Confederacy against them to vindicate and regain their antient Rights and Priviledges Cum vero dierum istorum fluenta prolaberentur tepuit devotio fidelium et filialis affectus Charitatis quem quilibet Christianus adversus Patrem nostrum spiritualem videlicet Dominum Papam gerere teneretur non sine animarum periculo laesus deperiit imo et in odium execrabile et maledictiones occultas est conversus Videbant enim omnes et singuli et videntes sentiebant ipsum Dominum Papam pecuniae et pecuniarum rapinis in multorum damnum et depauperationem insatiabiliter inhiare Nec credebant jam multi ipsum potestatem beato Petro concessam coelitus videlicet ligandi et solvendi obtinere qui penitus beato Petro dissimilis probabatur
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
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
the Highest Attempts the most Audacious Dangerous Conspiracies and Treasonable Vsurpations ever formerly made not only upon the just antient Rights Priviledges Prerogatives of the Crown but also upon this King and his Kingdoms of England and Ireland themselves occasioned by the Treacheries Rebellions of some of his disloyal Popish Prelates at home instigating the Barons to take up Arms against Him and by the Unchristian Practises Tyranny of Pope Innocent the III. combining with those perfidious Bishops who perswaded him to Interdict the whole Kingdom Excommunicate King John himself for sundry years and at last to deprive him of his Crown Kingdomes and give them to the King of France yea injoyning exciting him and other foreign Enemies to raise puissant forces by Land and Sea to deprive him and his Posterity of the Crown and Realms of England and Ireland by open force The Clashes betwixt the Papal Crosier and Royal Scepter during his reign arising from small beginnings and the contests between Him Stephen Langeton Archbishop of Canterbury and the Bishops Barons confederating with him farre exceeding those of King Henry the I. and II. with Archbishop Aâ—selm and Becket his trayterous predecessors canonized for their Treasons and producing the saddâ—st Tragedies ever acted in any Age on the Theatre of our other Little World Which though resolutely and gallantly resisted encountred by King John with great Regal Magnanimity Courage Pâ—udence and good success for sundry years at first yet at last through the Terrours of the Popes long-continued Interdicts Excommunications Abjudication of him from his Crown Kingdoms the formidable Forces of his Foreign Enemies ready to invade seise upon Him and them the Treachery of many of his own Bishops Clergy Nobility Subjects all absolved from their Allegiance to him by this nocent Pope Innocent on whose cordial assistance he could not safely rely but principally through the panniâ—k Fears Terrours wrought in his mind by the prophecies of Peter the Hermit forged Letters and the uncessant intoxicating Sollicitations of Pandulpbus the Popes Legate representing all these Dangers to his sad melancholly Thoughts in their blackest colours perswading him there was no other possible means left to preserve his Life Crown Kingdoms ward off the impendent Dangers disperse the Tempestuous Clouds then hanging over him or to save his Immortal Soul but by making his peace with God and taking Sanctuary in Pope Innocents bosom by casting Himself down at his Papal feet and resigning his Crown Kingdoms of England and Ireland into his hands to protect dispose of as his Own was thereupon in conclusion though with much reluctancy induced to resigne them by a detestable Charter into this Popes Legates hands to his use to become the Popes feudatory under an Annual Rent yea to do Homage swear Fealty to him and his successors as their Vassal to his perpetual Infamy as likewise to part with other Chief Flowers of his Royal Ecclesiastical Prerogative and Jurisdiction over his perfidious Usurping Popish Bishops to his own and his Successors grand prejudice Which encouraged succeeding Popes Prelates upon every oportunity to make many new successive dangerous bold Incroachments upon the Prerogatives Rights Priviledges of our Kings their Subjects Liberties Properties to their Intollerable Grievance till at last they were necessitated by degrees to shake off their unsupportable Papal yoaks and Usurpations I shall begin with some Histories and Records in the first Year of King Johns Reign evidencing the Supream Ecclesiastical Jurisdiction both claimed and exercised by him in and over all Persons Causes within his Realms with his vigilant care industry to preserve the same against Foreign Papal Domestick Episcopal and Monastical Usurpations upon several emergent occasions proceeding in a Chronological Method except only where the Series of the History to make it compleat and more intelligible or some other just occasion shall necessitate me to resort to Subsequent Years and Records before their just order of Time BOOK III. CHAP. I. Conteining Evidences of King Johns Supream Jurisdiction over all Bishops Religious and Ecclesiastical Persons Causes Bishopricks Monasteries Tithes Advousons 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 and Obedience to the Popes Interdicts and 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 IT is very observable that King John at his Coronation in Westminster Abby June 9. Anno Dom. 1199. was sworn in the first place by Hubert Archbishop of Canterbury as Matthew Paris and others relate Quod sanctam Ecclesiam ejus ordinatos diligeret eam ob incursione malignatium INDEMNEM CONSERVARET Dignitates illius bonafide et sine malo ingenio SERVABIT ILLAESAS as Roger Hoveden expresseth it This Archbishop with all the Bishops Abbots Nobles present at and consenting to this Oath and doing Homage and Fealty to him thereby declared him to be Supream Governour Patron Protector and Head on Earth of the Church of England as well in Ecclesiastical as Temporal affairs else this Oath had been Nugatory The 13. of June following he was solemnly divorced in Normandy in the presence of 3. of his Norman Bishops from the Duke of Gloucesters daughter Unde magnam Summi Pontificis Innocentii tertii Curiae Romanae indignationem incurrit praesumens temere contra Leges Canones dissolvere quod eorum suerat Auctoritate Colligatum as Radulfus de Diceto informs us But he no more valuing their Indignation then he did their Canons and Laws soon after married Isabel sole daughter and heir of the Earl of Engolesme who was crowned Queen Octob. 8. by Archbishop Hubert this Pope and Cardinals not daring to question or null his marriage Immediately after Pope Innocent the 3d. sent his Legate to King John desiring him to release Philip Bishop of Bâ—lvoire taken Prisoner by King Richard the first in the Field and kept Prisoner by him all his life notwithstanding this and other Popes importunate Letters for his enlargement VNDER PAIN OF AN INTERDICT who had-then by the space of two years been detained under most cruel Imprisonment some months in his very Armes in which he was taken fighting not suffered to be put off day or night But because the said Bishop was taken in Armes as a Souldier and Plunderer against the Dignity of his Order the King notwithstanding this Popes intreaties and menaces would not enlarge him untill he had paid 6000. marks of sterling money to his Exchequer and 2000. marks for his expences during his Imprisonment under King Richard and himself which he accordingly paid And till he had also taken an Oath before the Cardinals and other Bishops never thereafter to bear Armes during his life
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
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
kinred who interdicted the Realm with Langeton and his Parents sâ—ising their goods temporalties and of all who obeyed the Interdict commanding it to be published in all Cathedral and Conventual Churches through England the Clergy in England refuse to publish it King John and his Nobles slight it Alexander Cementarius disputes writes against it and the Popes power to inflict it all his Nobles others publickly communicate with him he hath admirable successes in his wars affairs notwithstanding it 248 to 262. His Legates Agents insolent words messages deportment towards the King notwithstanding his promise to receive the exiled Bishops and Archbishop without restitution of the profits of their Bishopricks during their exile 252 261 to 265. He absolves King Johns subjects from their Fealty Oaths obedience to him prohibiting them under pain of excommunication strictly to avoid his company both in Table Counsil Conference 264 265. After which at the Archbishops and Bishops sollicitation he deprived King John and his heirs of the Crown of England gives it to King Philip of France and his heirs writes to him and all Nobles Souldiers in sundry Countries to take arms to deject him and conquer it for his contumacy rebellion to crosse themselves for that purpose granting them the same Indulgences as those who went to the Holy Land against the Saracens Sends Pandulphus his Legat to see it executed yet with secret instructions to him to agree with King John upon termes he was to propound to him 267 288. When the French King and John had both raised great forces by Land and Sea against each other Pandulf by fraudulent perswasions menaces terrors induced King John and his Nobles to receive the exiled Bishops give them dammages swear to make good the terms the Pope propounded for himself and exiles to resigne his Crown kingdoms of England and Ireland to this Pope by a special Charter enjoying them under him and his successors paying 1000. Marks annual rent swearing fealty to him as his vassal The manner therof being effected he prohibited the French King to invade him after vast expences to his great discontent because under his Papal protection by this submission 267 to 293. The Interdicts Excommunications Frauds force by which this Charter was extorted with the protests Declarations against and real Nullities of it 271 273 274 280 281 289 to 330. 414 1058. King Johns Oath to him 274 279 290. The Emperor by his Embassadors stirred up the English others to contradict withstand this Charter Tribute and other illegal oppressions 414 415. 613. His Bull to his Legate to conferr all vacant dignities benefices in England by postulation or Canonical election to correct all rebellious persons opposing his proceedings therein by Ecclesiastical censures without any appeal his tyranny inhumanity proceedings therein especially against those who had been loyal to the King during the Interdict 258 259 329 330 334 335. The Original of his provisions in England 237 329 330 778. His Bull to his Legate for releasing the long Antichristian Interdict of England after 7. years 3. months 14 days space during which divine Offices Sacraments and Christian burials ceased 331 332 33. His Bull for confirmation of the Great Charter of King John to his Prelates Barons and Freedom of Elections to the Church Clergy upon the Kings request 337 338 K. Johns complaint to him against his Great Charter as extorted from him by armed force fear circumvention rebellion and of designs to expell him the Realms now under the Crosse and Popes protection his Oath by St. Peter to avenge this injury His Bull perpetually nulling the great Charter notwithstanding its former confirmations prohibiting any to observe it under pain of excommunication reciting the Barons rebellion obstinacy perjury against their Oaths 341 342 343 345 346 347. He first excited the English Barons by his Bulls to take arms against King John as an obstinate enemy to the Church to enforce him to surrender his Crown to him and after his unworthy effeminate surrender of it to him as his Tributary endeavoured without fear of God or shame of the world to trample them under feet disinherit put them to death and swallow up their estates He promoted none to livings but unworthy outlandish Clerks 414 415. His Letter to the Barons charging them with rebellion disobedience to his commands and the King threatning to excommunicate them if they persisted therin 342. His Letters for the Barons Excommunication sent to the Archbishop and his Suffragans 344 345 348 351. The Archbishop delayes denyes to publish it siding with them for which he is cited to the Council at Rome suspended his Archbishoprick and all prohibited to obey him as Archbishop 343 to 348. His Bull reprehending the Chapter of York for electing Simon Langeton their Archbishop against the Kings and his prohibition and Simons promise his menaces of him and them His election nulled he swears he would provide an Archbishop himself for them unlesse they presently proceeded to a new election whereupon they elected Walter Gray whom the King at first propounded who paid ten thousand pound sterling for his Pall for which he stood bound in the Court of Rome to this Simon Magus and his Usurers 350 351. The Kings Letters to him not to null the union of the Abby of Glaston to the Bishoprick of Bath and Wells formerly confirmed being prejudicial to the Crown He appoints delegates to hear and determine the cause 356 357. His Care to preserve King John and his heirs rights in Normaudy 357 535. His Bull exempting all his French appels from Episcopal Jurisdiction and excommunications though a royal prerogative before 358 720 721 727 728 759. His Bull to the Abbot of Abbendon and others to excommunicate certain Barons Londoners and others by name for opposing rebelling against King John with their high contempt thereof and reviling speeches against him and his Papal power as Constantines not Peters successor either in merits or works making a prey of the Church and Kingdom he had invaded 359 360 361 362 414. He absolves the Archbishop upon caution but prohibits his return into England till the King and Barons were accorded 361. He sends Walâ— to the French King Philip to prohibit him or his sonne to invade King John being his Vassal or the Realm of England the Churches patrimony whereof he was supreme Lord by the Kings Charter Homage to him The French Kings reply thereto declaring the Charter void denying England to be St. Peters Patrimony Lewis his Proctors opposition objections before him against King Johns and plea for Lewes his Title to the Realm of England This Popes replyes thereto on King Johns behalf his Dilemma in this controversie between them The Barons reject King John elect receive crown Lewis notwithstanding his Legates prohibitions excommunications of Lewis and them which they contemn 358 to 367. His Usurpations upon King Johns Crown kingdom Church Subjects of England and Ireland 370. His Vnchristian Excommunication and
contrary to his antient approved right in all former ages praying redresse thereof by a special Proctor 637. His Epistle to the King excusing the appearance of some Bishops and Abbots at the Council by reason they were Gardians of the Realm in his absence others undone by wars others aged or sick 638 643. He shamefully abused and cast out of his Palace the Abbot of Burgh for opposing his provision to a Church which he gave to one of his kinred so as he died of shame grief 638. The King sent soleâ—n Embassadors to this Council in his own and the kingdoms name to complain against his insatiable covetousnes execrable â—apines extortions provisions of Churches and other corruptions of the Court of Rome against King Johns Charter Tribute the Letters protestations of the whole kingdom against them the proceedings therein to which the Pope deferred his answer 299 300 638 636 644 645 646 647. The Kings Patents commanding all his Bishops Abbots in that Council upon their allegiance to use all diligence to acquire conserve and defend all the rights of his Crowne kingdom invaded by the Pope and not to attempt procure or assent to any thing therein to his or the kingdomes prejudice or of the rights his predecessors and he had used by antient approved custome that none of his Bishops should be translated by the Pope and Council but by consent of his Ambassadors and Proctor St. Martin for the benefit of the Realm 640. He set his study on fire before the Council wherein King Johns detestable Charter was burt on purpose to extort monies from the Bishops repairing to the Council 300 641. Sundry Abbots Bishops present him with vast sums of money and rich presents to the prejudice of their Churches whom he advanced to Archbishopricks by his Papal power 641 642. The Canons of Lions strenuously opposed his provisions swearing they would drown his provisors in the Rhene if they durst appear there whereupon they desisted 642. The hand of his Porter cut off by a Citizen of Lyons of which he complained desiring reparations which was done superficially in some sort to save his Papal honour 642. The Greek Church not only refuse to obey but opposed him the Church of Rome for their Simony claiming Primacy from St. Peters first residence at Antioch to which he could give no answer 643 352. He defers the Canonization of Edmund Archbishop of Canterbury canonized at last by him 643 644 685. He scornfully rejects the proffers of the Emperor by his Advocates to satisfie the Church and Prelates injured and defend the Christians against the Tartâ—s Turks Saracens incensed the whole Council against him except the King of Englands Ambassadors and Proctors 644 651 652. His sentence of Excommunication and deposition denounced against the Emperor in the Council sent into England and other places to be published to his infamie wherein he challenged a Soveraigne superintendency over all Christians as Christs Vicar and Peters successor the Top of Apostolical dignity power to advance censure punish depresse anathematize whom he pleased excommunicating him for breach of his Oathes invading the rights and possessions of the Church imprisoning sundry Cardinals Bishops when summoned to a Council to depose him imposing taxes upon the Clergy conventing them before secular Judges for criminal and civil causes which did not touch their fees imprisoning and executing some of them to the confusion and disgrace of their Clerical Order though for treason and rebellion against him contemning Pope Gregories former sentence of Excommunication against him marying his daughter to Bottacius an enemy to the Roman Church making a Peace with the Soldan of Babylon invading the Realm of Sicily the Special Patrimony of St. Peter and absolving the Inhabitants thereof and other places from their allegiance to the Church of Rome Chargeth him therein with heresie apostacy inclination to Mahometism other forged crimes absolving all his subjects from their former Oathes of allegiance to him and excommunicating all who should obey favour counsel or converse with him from thenceforth as Emperor or King which Excommunication was contrary to his own Canons made in that Council 652. to 660 757. Moved for a Croysado to raise monies forces against the Emperor which was publickly opposed to his face by the English because of his former manifold cheats abufes therein 660 666 753. The Emperours Notable speech Epistles against Popes insolencies usurpations and his abuse of his Papal power in deposing him charging him and Prelates with pride ingratitude avarice ambition contempt to Emperors Kings their advancers and the danger of such a president to all Christian Kings kingdoms sets his Crown on his head with his own hands professeth himself absolved from all obligations to him and free to oppose him for his tyranny 660 661 662. 753. Popes intollerable insolencies though of base birth ignominiously to insult over depose trample under feet all Emperors Kings Princes Prelates though innocent after Fredericks final deprivation as not so potent to resist them 662. His Papal Mandate to the General Chapter of the Cistercians justifying his excommunication and deposing of the Emperor for and in which he was prepared to stand fight unto death exhorting all of them and other his brethren immutably to stand sight for this cause of God and his Church together with him even to death 662 663. His priviledges promised to the English in the Council of Lyons To grant provisions and dispensations for pluralities of Livings to well deserving Englishmen of Noble families That the Clergy and Lay-patrons should freely present fit persons to their Ecclesiastical benefices as they fell void without contradiction That one Italian should not succeed another That all Crossed for the Holy Land should not be exempt from the usual customes of the Realm though from other things That all English Prelates newly advanced should â—or some few years hold all their former promotions by commendaes After which he other Popes nulled violated them all by Non obstante's oppressed the English more then ever 666. He refusing to give competent satisfaction to the English Ambassadors demands in the Counsil they departed thence in discontent swearing they would never hereafter pay or suffer to be payd the detestable Tribute granted by King John to the Roman avarice which the King likewise swore nor permit any rents of English Churches especially such whereof Noblemen were Patrons to be extorted from them which he with patience and silence passed by till a fitter time to revenge it 663. The English Bishops at his command most cowardly set their hands seals to the transcript of King Johns Charter then newly burnt to make it valid and subscribed published his excommunication against the Emperor 309 663. Upon which he expressing his former concealed causlesse rancor against the King kingdom Nobles for daring to demand their rights and liberties most insolently threatned that if he could tame Frederick he would then trample under feet the insolent pride of the petty
attempt the Pope had disinherited and precipitated from the Imperial dignity so great a Prince then whom there was not a greater yea not an equal not being convicted of nor confessing the crimes objected That if he deserved to be deposed he was not to be adjudged cashiered but by a General Council That no credit was to be given to the crimes objected against him by professed enemies whereof the Pope was known to be the principal That he was yet guiltlesse as to them and a good neighbour who never discerned any infidelity in him in secular matters or in the Catholick Faith That they knew be faithfully warred for our Lord Jesus Christ against the Saracens jeoparding himself both by Land and Sea for his cause That they found not so much Religion in the Pope who instead of assisting promoting protecting him warring in Gods cause as he ought to do â—ickedly endeavoured to confound and supplant him whiles absent That they could not precipitate themselves into so great dangers to impugne Frederick himself being so potent whom so many Kingdoms would assist against them and whose just cause would afford him assistance That the Pope cared not for the prodigal effusion of their blood so as they might satisfie his wrath That if he should conquer him by them or others he would tread down all other Princes of the world under his feet assuming hornes of boasting and pride because he had broken in pieces the great Emperor Frederick himself That they would send Messengers to him to enquire diligently and certifie them of the Orthodoxy of his Faith That if they found nothing in him but what was sound why should they impugne him If otherwise they would persecute both him yea and the Pope himself if he shall think evil of God or any other mortal even unto death whereupon the Nuncioes departed confounded His satisfactory pious answer to the French Messengers concerning the Orthodoxy of his Faith the treacheries of the Pope and prayer to God to avenge them 540 541. He maketh a Truce with the Soldan recovers the Cities taken from him by the Popes forces marched towards Rome against the Pope who endeavoured not only to depose but murder him writes Letters to the King of England relating the Popes impious proceedings Rebellions Wars raised against and ingratitude towards him exhorts him to adhere to and assist him in this cause which concerned the Jurisdiction honour security of all other Kings Princes whose rights he patronized which Letters much discredited the Popes authority and prejudiced the Clergies honour 541 to 545. His expostulatory Letters to King H. 3. for permitting the Popes Agents continually to extort vast sums of money out of his Realm to maintain Wars against him and suffering his scandalous Bulls to be published in all places to his infamy against the Law of Nature Nations bonds of affinity between them being his Son-in-law Brother Friend against whom he had declared no War his cause concerning the Interest Prerogative of other Kings Crowns and his own the Pope to his infamy claiming a Lordly Dominion over him as his Vassal To which he unworthily answered That he durst not contradict the Popes will 546 547 548. The Pope to divert his march to Rome stirs up the Earl of Flanders to invade his Territories 548. He makes peace with Millain and Bononia reduceth the Cities near Rome to obedience by his forces and Letters causeth the Romans and most of the Cardinals to desert the Pope who desired a General Counsil to settle a peace between them which he assented to The Pope despairing of his cause consents to a Truce till the Council His Legate in France perswades him to break it and bid open defyance to the Emperor having raised monies enough to maintain one years War against him He summons all the Emperors enemies to the Council to depose him who thereupon by his Letters to the King of England and others prohibits the Bishops to repair to it stops all their passages by Land who upon the Popes Letters repairing thither with a strong Convoy sent from Jenoa by Sea three Popes Nuncioes above one hundred Archbishops Bishops Abbots and Pâ—oxies of Prelates besides Embassadors from Cities in Rebellion against the Emperor and above 4000 Mariners of Jenoa were taken prisoners by the Emperors Gallies and some Bishops slain drowned in the fight wherein God signally owned his cause against the Pope his Letters concerning it 549 to 558. He surprizeth the Popes new Castle built with the Croysado money whereupon he dyed of grief and discontent 647. The Cardinals desire his release of the imprisoned Cardinals and license to elect a New Pope to which he condescends Their division double election he assents to one but dislikes the other being a Roman and his professed enemy 647 648. Cardinal Columna taken prisoner his Castles demolished for seeming favourable to him 648. The English Bishops Embassy to him to remit his indignation against the Church of Rome though justly provoked to permit command the Cardinals to elect a New Pope after Coelestine the 4. his death Ibid. His answer That the pertinacious pride and unsatiable covetousnesse of the Church of Rome not he hindred the proceedings to a New Popes election That if he hindred the successes of the Roman and English Church none might admire since the one endeavoured by all means to depose him from his Imperial dignity and the other desisted not to excommunicate not a little to defame him and pour forth their money to his detriment 648 649. He commanded the disagreeing Cardinals to elect a Pope to take off the infamy that he hindred the election releaseth all the imprisoned Cardinals and Prelates at their request for the Churches peace who thereupon became more obstinate schismatical and hating each other then before He thus deluded besieged Rome and the Romans as the authors of this schisme to the detriment of the Church and Empire from which suspicion the Roman Citizens freeing themselves by their Agents and laying all the blame on the schismatical Cardinals he by publick Proclamation in his Camp commanded all the Cities and possessions of the Church and Cardinals to be depopulated by his Souldiers which they vigorously pursuing the Cardinals petitioned him to forbear his indignation and plunder of them promising faithfully speedily to elect a Pope profitable both to the Church and Empire they elect Innocent the 4 Pope 649 650 651. This Pope being confirmed trayterously ratified his former sentence of Excommunication raised forces against him routs his Army publickly defamed him That he never heard divine service nor prayers occasioned by his Excommunications and Prelates refusal to communicate with him that he did not worthily reverence Ecclesiastical persons that he did neither rightly speak nor think of the Catholick Faith that he lay with Saâ—â—cen women that he called Saracens and other Insidels into the Empire wherein they built fortified Citus Which calumnies caused many Noble grave persons to depart from him and his
any by antient Canons 707. First introduced by Otto the Popes Legat an 1237. against the Law and Custom of the Realm 489. Cause of much perjury and of no esteem by those who take it Ibid. No new Oath can or ought to be imposed on the Subjects unlesse made ratified by common consent in Parliament and the Kings royal assent to it nor administred when made but by Commission in the Act or under the Kings Great Seal All Oaths to the contrary null void punishable 3. 708 709 710. The Fathers ancient Bishops Popes Councils our Lawes very tender in case of Oathes to prevent perjurie 706 707 708 489. Ecclesiastical persons Courts prohibited by our Lawes and Kings Writs to administer Oaths in any cases but only of Matrimony and Testament 3 699. 701 704 705 706 874 907. Oaths of inquiry to answer articles de Veritate dicenda in Visitations Consistories by Bishops Officials Deans other Officers first introduced by Bishop Grosthead complained against by the Nobles people memorable prohibitions against them by the King and his Council as against his Crown dignity the Lawes and Custom of the Realm dangerous to mens souls tending to perjury the defamatioÌ„ of many causing discontent among the people 699 700 704 to 711 728. 760. 810 818 838. 892 896 9â—7 Prohibited by Pope Innocent 4. his Bull for Bishops Visitations prescribed to be without Oath or Coaction 743 744. Not used by Boniface or any other Archbishop or Bishop from Grosthead till Bonner introduced it under Queen Many 704 to 712. 892. A custom confirmed by a private Oath not to install a Prebend by Proctor against Law and the Kings prerogative not binding 854. Bishops to take no Oath but in cases of right faith to purge themselves from accusations of Heresie 707. Of Parties Champions prohibited by our Lawes to prevent perjury Ibid. Canons against Clergymens being compelled to swear in any Criminal Civil or other cause much lesse in any slight cause nor without the Popes or Bishops special license 707. Papists Oath of professed fealty and obedience to the Virgin Mary as their only Soveraign Lady 28 29. Oath of purgation by Clerks and Ecclesiastical Officers for suing against Prohibitions 385. 886. 894. Of persons divorced not to cohabit dispensed with for mony by Popes 531. Of Ecclesiastical Judges Proctors 489. Inquisitions upon Oath by Kings Commissioners after Tithes goods of Clerks violently taken away during insurrections 1000 to 1007. Writs to the Archbp of Canterbury and others to excommunicate David Prince of Wales the Barons others for breach of Oathes 976 977 1013 1014. The Prelates Oathes at Coventre to assist the King by all means they could equivocally evaded that they meant it only of Spiritual ayde and Counsil not of monyes or arms though principally intended 10â—5 The Poâ—ctovines Oathes by Christs death wounds never to swear to the Provisions of Oxford or deliver up the Kings Castles for which they were forced out of the Realm 936. Prohibitions to Ecclesiastical Courts suing for breach of Oath for temporal Contracts that concern not Marriage or Testaments which cannot give away the Kings Jurisdiction noâ— transfer it to them 701. 704. 880. 884. See Prohibitions Oath before hand to elect such a person Archbishop held illegal by Popes 246. No Clerks permitted to passe the Sea by the Kings Writs till they swore to impetrate nothing from Rome prejudicial to the King kingdom or Sicily 865. Of Popes Legates ere admitted to enter England to bring act nothing to the prejudice of the King kingdom or Church of England the reason of it 697. Oaths in temporal Courts to be judged by the Canon Law by Canonists doctrine 8. Oaths of purgation 894 902. Obedience to the Pope in suffering for his unjust commands against Kings merits salvation 517 255. Popes obeyed by Bishops Clergymen more then our Kings when their commands interests came in competition Ibid. 247 253 300 465 627 628 663 833 834 672 673 675. Append. 7. 8. 9. 10. See Index 3. 10. 12. Oblations of Papists to the Virgin Mary and her Images farr exceed the Collyridians 50 59. Obligations to Popes Merchants Usurers their forme and strange conditions put into them renouncing all benefit of Law appeals priviledges against them or exception to any Jurisdiction where ever they sued seconded with Oaths to that effect 46â— 468 845 846 981 986 1034 1035. Of Abbots without their Convents or Kings consent as Patron prohibited by Kings Writs 764. 833. By Popes Bulls without the Popes consent though for the King 933 934. Of any Abbots to the Pope for advancing monies to the Pope 932 933 953. Officials of Archbishops Bishops Archdeacons Their vexatious Citations Exactions Oathes to answer Articleâ— and make Inquiries against the Lawes Custom of the Realm and Excommunications to enforce them to take them complained of Prohibitions Writs of the King against them 699 702 703 704 705 706 880 to 888. 969 970. Appendix 19. Theeves and plunderers every where preying upon the people lying in wait for the simple encouraging the impious oppressing innocents rejoycing in worst times exceeding glad when people have done ill eating up the sins of the people in the tears of widdowes nakednesse of Oâ—phans and oppressions of their subjects 949 950. Prohibitions other Writs directed to them injuries things done by and matters concerning them 359 397 573 586 587 628 674 702 703 729 730 738 739 760 785 817 874 890 819. 955 956 966. 978 980 981 1012 1021 1034 See Prohibitions and Index 9. Ordaltam or Trial by fire and water prohibited Appendix 20. Orders Consecrations of Bishops Clerks commanded by our Kings and their Writs to Bishops 2. See Index 3. 4 5. How many degrees of them in the Church of Rome The Virgin Mary had the plenitude of Power dignity of every of them and of the Pope himself in a farr more eminent manner then any Pope Prelates Priests by their own assertions 18 19. How conferred Ibid. A Sacrament in the Church of Rome yet inconsistent with and nulling their Sacrament of Marriage which yet is consistent with Harlots whoredoms 473. See Mariage Ordinaries excommunicating out of malice Writs to them Probate of Wills before them 88â— 884 909. Original Sinne Christs prerogative to be exempted from it attributed by Papists to the Virgin Mary 45 46. P. PAll not essential to an Archbishop 19 Archbishops of St. Davids exercising Archiepiscopal authority without a Pall after St. Davids Pall was carried to Dole from thence by Samson neglecting to fetch or unable through poverty to purchase one from Rome 234. Dole Bishops using St. Davids Pall contemned the Jurisdiction of the Bishop of Turon Ibid. Richard Archbishop of Canterbury consecrated without it 421. Edmund had a Pall sent him by the Pope before his election and said Masse in it the day he was consecrated 433 434. Walter Gray of York obliged in 10000 l. for his Pall in the Court of Rome 350. Papists absurd blasphemous passages Errors
corroborate it 300 663. Of the Prior and Monks of Durham to their election of the Dean of Sarum 354. No Seals to antient Kings Charters Appendix 17. A new forged Seal to St. Augustines Charter of lead Ibid. Of lead to Popes Bulls 385 504 505. Chancellors and Keepers of the Kings Great Seal 510. See Index 8. Blanks Sealed with King H. 3. his Great Seal Prince Edwards and Edmunds sent to the Kings Agents at Rome to insert what they thought fit 920. Blanks sealed by Popes to their Nuncioes 514 939. A grant under the Great Seal whiles the King and it was under the power of the Earl of Leycester revoked 1010. Of the Bishop Dean and Chapter of St. Asaph 726 727. Of the Nobles to their Letter to the Pope 951. Secular arme 7 1029. Sedition stirred up by Pope Gregory 9. and Innocent 4. against Frederick 2. and by him and the Romans against them 415 525. See Index 10 12. Frederick 2. Index 14 Of Brancalco and the Romans against the Pope and Cardinals Appendix 28. Of the Bishop of Winton and Poictovins against the English See Aliens In London a Proclamation to prevent it 742. Against the Roman Clerks 436 437. Against the Popes Legate 493 494 495. Of the Citizens of Norwich against the Prior and Monks 1065 1066 1067. Of the Barons See Barons Writs to prevent it 788. Senators of Rome 523. Appendix 28. Sequestrations and Suspensions of Bishops Abbots and Clerks livings by the King for obeying the Popes Interdict 254 255. Ab Officio Beneficio by the Popes authority for obeying and adhering to the King receiving Benefices from him during the Interdict and his Excommunication 334 335. Of the Archbishop and others who refused to publish the Popes Excommunication against the Barons or officiated to them 344 345 347 348. By the Archbishop of York against the Archdeacon of Richmond and some of his Clerks 231 232. An Excommunication denounced against such who violate a Bishops Sequestration of vacant Churches 386. Of Clerks livings indebted or accountant to the King by his Writs 446 977 978. For First-fruits to the Archbishop a Prohibition against it 718 719. By Popes Legates 824. Of Temporal goods of a Priory by the Pope prohibited by the King as against his Prerogative 832 833. Of the Impropriations of the Bishop of Carlisle during the vacancy of the Bishoprick of Durham and Kings Writs concerning it 912 942. Of goods of intestate persons or pretended to dye intestate by the Popes Agents 921 922. Of intestates goods by Bishops 782. Of Bishops adhering to and encouraging the Barons in their Wars ab Officio Beneficio 1018 1021 1022. Appealed against ibid. 232. Sheriffs exactions enquired after prohibited punished 28â— Writs to them not to suffer any Layman or Woman to appear before Bishops or their Officials to take any Oath or make any Inquisitions unlesse only in cases of Matrimony and Testament 699 704 705 728. Complaints Constitutions Interdicts Excommunications of Bishops Officials Clergymen against them for distraining their and their Tenants goods arresting their persons in criminal and civil causes executing the Kings Writs Mandates upon them in high affront of his Royal Authority Crown Government for not taking but conniving at conversing with and releasing persons excommunicated by them and Writs enjoyning them to absolve them 688 689 738 739 827 828 829 830 857 858 859 860 874 875 883 884 892 893 897 898 to 912. See Bayliffs Sheriffs setled in Ireland by King John 260. Writs to all Sheriffs to proclaim the Kings resolution to do equal justice to great and small observe the Great Charter and apprehend such as should oppose them in their Office 988 989. See Arrests Inquisitions Vi Laica removenda Ships summoned by Writ against Foreign Enemies 278 279. Of the French Navy taken burnt by the English 276 371. Provided by the King for Voyages beyond Sea 282 807 808. For the Holy Land 449 770 807. Of Legates how built furnished 485 697. Shire-Court Socha Exemption from them 228. Souldiers imployed to eject Monks 248 581 582. To demand Hostages of Barons 256. Their plunders of Clerks and others in time of War 351 996 997 999 to 1007. Stallagium Exemption from it 229. Suite of Court Clergymens complaints of and Constitutions against being forced to it 632 828 895 900 908 909. Summagium Exemption from it 229. Supersedeas 782. Superstition to be suppressed by Kings 1 2. Surplesse 487. Symony reputed no sin in Popes or at Rome 571. Their detestable Symonies of several kinds 242 350 353 414 425 426 433 484 490 491 513 560 728 1026. prohibited in any kinde 237. 1040 1041. It infects most Nunneries Monasteries in taking â—ony for admitting 〈◊〉 the Archbishops provision against it 503. A Bishop deprived for it 597. T. TAllage exemption from it to a Nunnery 229 Imposed by Archbishop Boniface on the Clergy and people of his province 626. Tapers Candles effcted to the Virgin Mary on Candlâ—mâ—sse day 52 59. Burning Tapers used in Popish processions 487 In Excommunications See Excommunications Taxations of Churches â—t full improved Values in Disms for the Pope King and Holy Land 426 814 815 921 1027 10â—8 1029. Taâ—â—s Imposers of unusual ones on the Clergy excommunicated by them and their Canonâ— held null though for necessary defence of the Realm and Church unlesse confirmed by the Pope 6. 8. 233 386 522 526 895 906. A Writ for 〈◊〉 Richard to Tax the Kings Tenants towards his journey to Rome 997. See Ayâ—â—es Tâ— Dâ—um the Papists new bl 〈◊〉 ous one to the Virgin Mary 53 Sung after â—â—e election of Archbishops 243 245 247. At the release of the Interdict 3â—3 Tempestâ— deliverance from them by invocating the Virgin Mâ—â—y 4â— Predicted a terrible one during the Council at Pauls under Otto the Popes Legates 487. Templars and Hospitallers taxed by King John Henâ—y 3 and the Pope notwithstanding their priviledges to publike Taxes and Dismes for the Holy Land 260 261 864 865 45 Exampted from them 1048. Aâ— Templar imployed by the Pope with others to collect Dismes 470. Subâ—â—â—â—d by the Pope to betâ—ay the Emperor Frederick 2 to the Soldan who detested discovered their Treason 418. The Emperor seising their goods landâ— for it and Lands purchased without his licnse contrary to the Lawes of Sicily is excommunicated deposed for it by the Pope amongst other causes 516. 521. 811. Mr. of the Templars attests the truth of Christs bloâ—d under their Common Seal 711 712. A Schisme between them and the Hospitallers 633. Appeal against Bishop Grostheads Visitation of them 737. To answer only before the King or his Chief Justice 887. Their great wealth priviledges made them insolent mad and were therefore fit to be resumed 776. Theingpeny exemption from it 229 Tithes of what things to be paid the substractors or non-payers of them to be excommunicated 3â—6 Oâ— Fâ—sh â—n Fâ—shponds in Ireland by the Kings special Writ out of conscience 424. The Ecclesiastical Court