England Enslaved UNDER POPISH SUCCESSORS BEING A True HISTORY OF THE OPPRESSIONS this NATION Groaned under in Times of POPERY LONDON Printed for Jonathan Wilkins at the Star in Cheapside next Mercers Chappel MDCLXXXI 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 â—way 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 besidâ—s 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 who being Exemption of the Clergy 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 Judiciâ—s C. seculares de fore compet enti in 6o. and a special Constitution Provincial of this Realm made by Boniface Archbâ—shop 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 Deâ—retals that Pope Alexander III. in the timâ— 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'Orlâ—on Bishop of Hereford in a Parliament holden 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 Hâ—st Angl. p. 98 99. SECT 2. 2. Whatsoever Laws the King in his Parliament made which in any Restraint of making Laws for Policy 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 Constit c. Eccles Sanct. Alar c. Noverit c. Gravâ—m 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 misâ—iking that a Lay-mâ—n should deal in those Causes disannulled the Law c. Pene quidâ—m Distinct 96. The practâ—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 Murther should be tried by the Laws of the Realm for that it was shewed unto the Parliament that then an hundred So Nuburgensis noteth lib. 2. cap. 15. Mâ—rthers had been committed by Church-men 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 Lay-subjects who greatly stomached this Indignity offered to the King The Pope fearing two such Potentates as the Kings of England and Mat. Paris Hist Angl. fol. 1â— 4 135. France determineth to labour a Reconciliation betwixt the King and the Archbishop and to make the French King a Mediator for the Archbishop This he effected and brought the two Kings together at Paris Thither also came Thomas Becket who being come into the King's presence falling down upon his knees used these words My Lord and Soveraign I do here
opposed in such manner Pyrnn's Exact Hist vol. 2. as hath been related yea totally neglected or seldome put in use in times of Popery by those which made them as Lyndewood himself acknowledgeth in his Epistle to Henry Archbishop of Canterbury before his Provinciale SECT V. 5. The King's Prohibition disobeyed by the Popes Warrant is another Grievance complained of in those days For Pope Eugenius hath The Kings Prohibitions Contemned 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 Eccâ—esiastical 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 Eclesiastical 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 or any other in cases of Certificates of Pryn's Hist of Popes Usurpations Vol. 2. p. 393 394 878 879. 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 prejudical to the King or Kingdom Some Prohibitions were against Bakers imprinting the sign of the Cross Agnus Dei or name of Jesus upon Sale-bread Some against Bishops and other their Officers citing Lay Persons to make Inquisitions Presentments or give testimony upon Oath or excommunicating them for not taking Oaths in any case except in matters of Matrimony and Testament being against the Kings Prerogative Law or Custom of the Realm c. Against their holding Plea of any Chattels or Goods which concerned not Marriage or Testament or of Goods Testamentary for which there is Suit in the Kings Exchequer Against their Citing Excommunicating or Interdicting any of the Kings Barons Bailiffs Judges Officers Sheriffs for executing the Kings Writs or Misdemeanours in the execution of their Offices or any of his Tenants in Capite or of his Demesne Lands Cities Castles without his special License or Lieutenants c. Against Archbishops Bishops Convents or others presenting to Livings or Prebends belonging to the King during Vacations Against disturbing the Possessions of the Kings Clerks presented by him to Benefices or Prebends or Judgments in his Courts by any process out of Ecclesiastical Courts or from the Pope or his Deligates Against Suits in Ecclesiastical Courts Pro lasione fidei or breach of Oaths in civil Contracts Against suing there for Lands devised by Custom or Actions of Debt devised by the Testator Against Ordinaries malicious Excommunications or Arresting or Imprisoning Persons unjustly Excommunicated by them or for bringing Prohibitions to prevent them Against the bringing of any Bulls Letters from or sending any Letters to the Pope or Court of Rome prejudicial to the King or Realm Against citing or drawing any of the Kings Subjects for any Suits to Rome or out of the Realm by the Pope his Delegates or others Against collecting any Aid Disme or Money for the Pope or others by the Popes Authority without the Kings special Licence and Consent by Popes Nuncioes Legats Bishops or any others Against Popes Provisions to Benifices Prebendaries c. belonging to the Kings Presentation in right of his Crown or by his Prerogative in Vacant Bishopricks Monasteries Wardships or to his free Chappels or Churches impropriated Against Clerks and others going to Rome without taking a special Oath to procure nothing to the Kings or Kingdoms damage Against Popes Legates or Agents coming into the Realm unless 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 signati 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 Monastories 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 Against Womens Marriages who held Castles or Lands in Capite without the Kings Licence SECT 6. 6. Another Grievance was That the King was forbidden in Restraint of the Common Law 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 and to appertain to the Crown were drawn to the Ecclesiastical Usurpation against Common Law 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 was restrained from the use of the Common The King not permitted to use the Common Law in some Cases of Lay Persons 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 Ecclesiastical Judge hath determined any Cause according to the Canon Law if the same Matter be brought before a Temporal Judge he must allow the Judgment of the Spiritual Judge that it be pleaded before him cap. ult Extrade exeptionibus But contrariwise If a Clerk be first Condemned by a Temporal Judge the Canon Law hath no regard thereof nor receiveth any thing for proof that was done before him c. At si Clerici de judiciis SECT 7 7. That under the general colour of their Authority to maintain Civil
ductus proprio potius quam nostram vel alterius compulsionem Et â—tiamsi bene râ—colitis ad preces vestras nobâ—s specialiter inde directas sedem adiâ—t Apostolicam Vnde si memoratus Episcopus voluntatem habuerit revertend in Regno nostro commorandi bene placet nobis ipsus adventus Nec erit qui ipsum super hoc aliquatenus impediat aut cum redieri tranquilitatem ipsius perturbet licet etiam graviter versus ipsum moveremur ad Instantiam vestram conceptum rancorem siquis esset penitus eâ— remitteremus parati et expositi tanquam filius Sanctae Romanae Ecclesi â— devotissimus in hiis aliis vestris inhaerere Conciliis voluntatis vestrâ— pro viribus nostris bene placitum ad implere Teste Rege 40 die Martii Anno c. XIX The King wrote after the like manner unto the Bishop Others and those very often were called to Rome to answer Complaints or Private Mens Suits by which occasion the King lost the use of their Service and a great part of the Wealth and Substance of this Realm was spent in the Court of Rome SECT 13. 13. It is well known that the King hath special Interest in the Investiture into Bishopricks and the Kings assent in choice of Bishops taken from him Choice and Investitures of Prelates unto Bishopricks both because a great part of the good Government of his People dependeth upon the good Government of that State and also because in those times he furnished himself with Counsellours taken out of the Number and employed others in places of weighty and most necessary Services of the Realm Wherefore the Kings of England were ever by the Ancient Customs and Laws of the Land allowed their Assent and Directions in all Elections of Persons unto those places This right hath been strangely oppugned by divers Popes some of them disturbing Elections made by the Consent of the King and others bestowing Bishopricks at Pleasure without Election at all and against the Kings will The first that stirred that Quarrel in England was Anselm Arch-bishop of Canterbury For when the Kings of England needy of Moneys borrowed of the Clergy great Loans never to pay again he to exempt himself from Subjection to the King laboured to make his Archbishoprick to depend meerly on the Pope not on the King although he had acquired it by the Concession and free Gift of the King Anselm then being promoted in the year 1092 to the Archbishoprick by King William Rufus the King having franckly bestowed that rich Bishoprick upon him soon after would extort from him a great Sum of Money for the exigence of his Affairs as claiming some recompence for his Gift Anselm refused to give it and stealing away privately out of England went to Pope Vrban the second who at that time was Violently Prosecuting against the Emperour Henry IV the Quarrel of Investitute begun by his Predecessours Gregory VII This Vrban liking the Prudence and Dexterity of Anselm gave ear to his Counsel and gave him the Archbishops Pall thereby voiding the Investiture which he had received from King William and obliging Du Moulin contr Card du Perron l. 1. 7. cap. 11. him there-after to depend upon him This Anselm did so behaving himself ever after as holding his Arch-bishoprick by the Popes Ordination not by the King's Concession The King being herewith incensed Prohibited Anselm to enter into his Kingdom confiscated the Lands and Estate of the Archbishoprick and by an express Edict declared That the Bishops held their Places and Estates meerly from him and were not subject unto the Pope for the same And that he had the same rights in his Kingdom as the Emperour had in the Empire At length it was determined that all the Abbots and Bishops of England should be called together Bp. Godwins Catal. of Bps. to judge of this Controversie They met at Rockingham-Castle and the Matter being proposed by the King for fear or flattery saith Bishop Godwin they all assented unto him and forsook their Archbishop All the Bishops of England subscribed except only Gondulphus Bishop of Rochester By the Intervention of Friends Ansolm made his Peace but after his return from Rome holding a strict league with the Pope he began again soon after to disswade the Clergy from receiving Investitures from the King wherefore he was constrained to fly the second time out of the Kingdom and his Estate was again seized upon and conficated to which he was restored at his return He came then to Pope Vrban who received him honourably as a Confessor suffering for the Cause of Christ The year after Vrban kept a Council at Clermont in Avergue whereby he granted full Pardon of Sins to all that should contribute to the expedition into the Holy Land c. In the same Council he decreed that thence-forth it should not be lawful for any Prelate or Ecclesiastical Man to receive the Investiture or Collation of a Benefice or Church-dignity from the hand of any Lay Person But the Princes derided these Decrees and retained the Possession of these Investitures In the year 1099 King William and Pope Vrban died Henry the First succeded William who sought to be reconciled with Anselm and called him home again But Anselm being obliged by an Oath to the Pope prevailed with the King that a Council should be gathered at London where he declared the Order he had from the Pope That no Lay Man should have the Power to confer any Investiture and began to degrade the Bishops promoted by the Kings Nomination refusing to consecrate some Bishops named by the King King Henry being highly displeased banished him out of England presently and confiscated his Goods Whilst these things passed in England Pope Paschal prosecuted the Quarrel of his Predecessors against the Emperor Henry IV. He caused the Emperors own Son to rebel against his Father who soon after dying with Grief was so forsaken that Pope Paschal would not suffer him to be buried for his Carcass lay five years at Spire rotting without any Christian Burial The new Emperior Henry V past presently into Italy after the Death of his Father where the Pope hoping to be recompensed for helping him in his Conspiracy against his Father found himself deceived for when he press'd him to renounce the Rights of Investitures which his Ancestors as Sigebert saith had enjoyed above three hundred years the Emperor grew very Angry and laying hold of this Pope Paschal committed him to close Prison Neither would he release him till he had renounced his claim to the Investitures and Collations of Benefices saying to him in in scorn that which Jacob said to the Angel wrestling with him I will not let thee go before thou hast given me thy Blessing Then Paschal to redeem himself out of Captivity granted to Henry that doth he and the Popes after him should leave unto the Emperors the peaceable enjoying of the Investitures of Ecclesiastical Dignities by the
commit unto your own judgment the Cause and Controversiâ— between uâ— so far forth as I may salvo honore Dei saving the honour of God The King being much offended with that last Expression Salvo honore Dei turned himself about unto the French King and said See you not how he goeth about to delude me with this Clause Saving the honour of God for whatsoever shall displease him he will by and by alledge to be prejudicial to the honour of God But this I will say to you whereas there have been Kings of England Godwin's Catalogue of English Bishops many before me whereof some were peradventure of greater power than I the most far less and again many Archbishops before this man holy and notable men Look what Duty was ever performed by the greatest Archbishop that ever was to the weakest and simplest of my Predecessors Hereunto the Archbishop answered cunningly and stoutly That the times were altered his Predecessors which could not bring all things to pass at the first dash were content to bear with many things and that as men they fell and omâ—tted their Duty often times thaâ— what the Church had gotten was by the diligence of good Prelates whosâ— Example he would follow thus far forth as that â—f he could not augment the Priviledges of the Church in his time yet ye would nâ—vâ—r consent they should be diminished This Answer being heard all Men cried shame upon him imputing the cause of these stirs upon him and so they parted at that time without reconciliation Another instance I will give namely that of Cardinal Pool who in the Dispensation granted to the Realm in the time of Queen Mary for determining Church Lands c. Doth therein plainly declare that it was of favour and in regard of the Peace of the Realm that he so dispensed otherwise all Laws made in derogation of the Churches Rights were void SECT 3. 3. The Pope dischargeth the Clergy from all Payments of Money The King forbidden to lâ—vy Subsidâ—â—s upon the Clergy So are his Laws in c. adversus Ext. de Immunitate Ecclesiarum c. 1. de Immunit Ecclesiar in sext c. Clericis eâ—dem Roger Hoveden Anâ—al pars â—osteriorpâ— 1â— 817. Matth. Paris p. 146 15â— 194 Holinâ—hâ—d p. 143 1â—7 153 170 Gâ—dwin in his Life imposed by any Temporal Prince be it by way of Taxe or of Subsidy or for what necessity of his Realm soever except the Pope be first made privy thereto and give his assent And Clerks yielding to such Imposition do thereby fall into the Popes Curse King John demanding of his Subjects as well Spiritual as Tempâ—ral a thirteenth part of their Goods and Chattels Geâ—ffery Plantaginet Archbishop of York the Kings base Brother opposed it Sâ— saith Mr. Prynne out of divers Authors That he obstructed the levying of Carvage demanded and granted to the King by common consent and paid by all others on the Demesne Lands of his Church or Tenants beating the Sheriff of York's Servants excommunicating the Sheriff himself by Name with all his Aiders and interâ—icted his whole Province of York for attempting to levy it Wherefore the King incensed for these intollerable Affâ—onts summoned him to answer these high Contempts his not going over with him into Normandy when summoned and also to pay him 3000 Marks due to his Brother King Richard and by his Writs commanded all the Archbishops Servants where-ever they were found to be imprisoned as they were for beating the Sheriffs Officers and denying to give the King any of the Archbishops Wine passing through York summoned Geoffery into his Court to answer all these Contempts and issued Writs to the Sheriff of Yorkshire to seize all his Goods Temporalties and to return them into the Exchequer which was executed accordingly The King and Queen repairing to York the next Mid-Lent the Archbishop upon more sober thoughts made his Peace with the King submitted to pay such a Fine for his Offences as four Bishops and four Barons elected by them should adjudge and absolved William de S utvil the Sheriff and James de Paterna whom he had excommunicated and recalled his former Interdict King Edward the First was in a like case resisted by means of Robert Kilwarby Archbishop of Canterbury For when the King in Parliament holden at St. Edmonds-bury demanded there a Subsidy of his Subjects the Temporalty yielded an Eighth part of the Goods of Citizens and Burgâ—sses and of other Lay Persons the twelfth part but the Clergy encouraged by the Archbishop who had procured This is repâ—rted by William Thorn a Monk of Canterbury from Pope Boniface the VIII Immunity from Subsidies which I take to be the same that is before recited Ex. c. 1. de Immunitate Ecclesiarum in Sexto refused to yield any thing whereupon the King called another Parliament at London without the Clergy where the Goods of the whole Clergy were declared to be forseited to the King so as afterwards most of the Clergy were content with any condition to redeem that forfeiture SECT IV. 4. The Kings own Subjects were by the Pope armed with Censures Subjects Armed against their Soveraign of Excommunication Interdiction c. by them to be denounced against him for redress of such wrongs as iâ— pleaseth them to take themselves injured by Pope Innocent IV. hath decreed that a Prelate having wrong offered him by a Temporal Judge may defend himself with the Spiritual Sword of Excommunication c. Dilecto Dâ— sententia Excommunicationis in Sexto In the Fortieth year of King Henry the Third Boniface Archbishop of Canterbury made a large Constitution wherein he setteth forth how the Clergy shall proceed against the King by whose Writ a Clerk is called in his Court to answer for Matters pertaining to the Ecclesiastical Judge and declareth that it shall be lawful to interdict all the Kings Lands and Possessions This Archbishop had summoned a Council of Bishops and Archdeacons that like the Martyr Thomas saith Matthew Paris he might encounter the Enemies and Rebels of the Church and be a Wall of Defence unto it as was pretended The King directed his Prohibitions to him and the Bishops not to meet in this Council which they contemn The Articles and Canon made in that Council were against the Kings Prerogative Ecclesiastical and Temporal his Temporal Judges Courts Laws Prohibitions Writs and Judgments Exempting of themselves their Clerks Officers Lands and Goods from their Secular Jurisdiction 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 Lyndewood 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