with sundry Archbishops and Bishops were taken by the Emperors Galleys going to a Council upon the Summons of Pope Gregory IX Gualo a Presbiter Cardinal of St. Martin crowned King Henry III causing him to do homage to the Church of Rome and Pope Innocent for England and Ireland and to swear faithfully to pay the Annual Rent for them which his Father King John had granted so long as he injoyed those Realms He deprived Simon Langton Archdeacon of Canterbury and Gervase de Habruge who obstinately adhered to Lewis and the Barons and celebrated Divine Service to them and the Londoners after their Excommunication of their Benefices for which they were compelled to go to Rome He sent Inquisitors through all Provinces of England suspending and depriving Clerks of their Benefices for very small faults and adhering to the Barons bestowing their Livings on his own Creatures Clerks inriched with others Spoils He received a thousand Marks from Hugh Bishop of Lincoln and vast sums from other Religious Persons Canons exhausting their Purses and reaping where he did not sow He bare sway in the Councils of King Henry III who sealed some Writs and Patents with his Seal before his own Seal was made and usurped on his Crown during his Minority without Opposition Bernardus de Nympha came Armed into England with the Bulls of Pope Innocent IV to collect Money from the Cruce signati for Richard Earl of Cornwall the Kings Brother Divers Blank Bulls of the Popes were found in his Chest after his Death containing manifold Machinations of the Romans to debase and oppress England John de Diva an English Frier was armed with many Papal Bulls to extort Moneys from the English for Pope Innocent IV under dreadful Penalties and Fulminations He exacts six thousand Marks out of Lincoln Diocess His Exaction at St. Albans was appealed against who demanded 300 Marks notwithstanding the Appeal to be paid within Eight days under pain of Excommunication and Interdict which the Pope upon an Appeal caused them to pay He had a Bull from the Pope to inquire of all Lands alienated from Churches and Monasteries Vexationâ— by Proviso's all Simoniacal Contracts for Livings to seize them to the Popes use and Excommunicate Interdict all Opposers without Appeal John Russin was sent with the power though not the title of a Legat into Ireland to collect Moneys there He extorted six thousand Marks from the Clergy there notwithstanding the Kings Prohibition Otto I. Pope Honorius his Nuncio was sent to King Henry III. He demandeth two Marks by way of Procuration from all Conventual Churches of England he demandeth two Dignities and two Monks portions in all Cathedrals and Monasteries Otho Cardinal Deacon of St. Nicholas in Careere Tâ—llianâ— Legat Pryn's Hist of Popes Usurpations to Pope Gregory IX was received into England with Processions and ringing of Bells He disposed of vacant Benefices to all that came with him whether worthy or unworthy the King almost did nothing without him and adored his foot-steps He was present in the Parliament at York to mediate a peace between the Kings of England and Scotland The Charter of Peace was sworn to and ratified in his Presence He desireth leave of the King of Scotâ— to enter as a Legat into Scotland to regulate Ecclesiastical Affairs there as in England who answered That neither in his Fathers time nor of any his Ancestors any Legat had Entrance into Scotland neither would he permit it whilst he was in his righe senses But if he entered at his own peril he must expect violence from his rude Subjects from which he was unable to protect him yet he knighted and bestowed some Lands on his Nephew A great Fray was occasioned at Oxford by his Porterâ— Insolence and he was assaulted by the Scholars at Osney-Abbey stiled an Usurer a Simoniack a Ravisher of Mens Rents a Thirster after Money a â—erverter of the King and Subverter of the Kingdom is forced to fly secretly from thence Both the King and he proceeded severely against the Scholars for it by Ecclesiastical Censures Excommunications Penances Imprisonments almost to the ruin of the University He was denied Entrance into Scotland by the King thereof the second time He gave a Writing under his Hand and Seal to the King of Scots that his Admission into Scotland should not be drawn into Consequence who took it away with him upon his private recess He there collected the fifteenth part of the Goods of all Prelats and Beneficed Clerks and sent it to the Pope The English Nobles send Letters of Complaint to the Pope against his confering of Benefices by Provisions upon Aliens and other Grievances Frederick the Emperor was incensed against King Henry III for this Legats collecting of Moneys in England imployed in Wars against him demanding his Expulsion out of England as the Emperors and the Kingdoms Enemy He demandeth Procurations for himself from the Clergy not exceeding the sum of four Marks for any Procuration The King sent a Prohibition to him to exact the fifth or any other part of the Benefices of his Clerks attending on his Service which he could by no means endure He joyneth with Peter Rubee in exacting a great Tax from the Prelats and Abbots to shed Christian Blood and to conquer the Emperor The Bishops and Canons except against his intollerable Demands He laboured to raise a Schism and Division among the Clergy to obtain his Exactions He demanded Procurations from the Cistercians who manfully denied them as contrary to their Priviledges which the Pope dispensed with by his Non obstante The King upon his Departure out of England by the Popes Summons feasted placed him in his own Royal Throne and at Dinner to the admiration of many Knighted his Nephew and bestowed an Annuity of Thirty pounds per Annum upon him which he presently sold He conferred above Three hundred rich Prebendaries and Benefices at his own and the Popes pleasure on their Creatures He spoiled the Church of Sarum and many other Cathedrals leaving them destitute of Consolation He is accompanied by the King and Nobles in great state to the Sea-side at his departure out of England He left not so much Money in Mat. Paris fol. 735. England behind him when he left it as he drained out of it Church-plate and Ornaments excepted He stayed three years in England great were the rewards demanded by and given unto Legats Pope Innocentius sent one Martin into England for his Legat who was Rewards given to Legats not ashamed to demand Plate Geldings and other Rewards without measure And if those things where with he was presented liked him not he would proudly send them back to their Owners Mat. Paris f. 870. and threaten them with Excommunications except they brought him better And other Examples in the same Authors there were divers Rich Presents were sent unto the Legats The Bishop of Winton presented Otho with Fifty fat Oxen One hundred Quarters of the best Wheat
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
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
Ring and the Staff Also that none should be Consecrated Bishop without an Investiture from the Emperor The Pope and the Emperor reciprocally bound themselves by Oath upon the Host of the Mass which they received together But because that Oath was extorted the Pope thought not himself obliged to keep it So he brake that Agreement and excommunicated Henry and all Princes usurping Investitures This accident confirmed Henry the First King of England in a resolution to retain the Investitures of his Kingdom And that Order was held in England for a long time Only the Popes that they might not be injurious to their pretences by a long Prescription would send the Pall to some Prelats invested by the King confirming that which they could not alter and giving an Approbation which was not sought from them And further as to Elections of Bishops the great Troubles that were in the Reign of King John grew upon no other occasion than because the King refused Stephen Langton whom the Pope would have thrust into the See of Canterbury notwithstanding that Mat. Parâ— fol. 299. there had passed a former Election of another with the Kings assent and that the King justly alledged he might not trust Lâ—ngton in his Realm because he had a long time been on the part of his Enemies The King menaced the Pope and his Creatures seized the Temporalities of the Archbishop banished him his Paâ—ents and Kindred with the Monks of Canterbury as Traitors By his and the Prelats Treachery confederating with him the Kingdom was interdicted the King excommunicated his Subjects absolved from their Allegiance he and his deprived of the Crown given to the French King enforced to resign his Kingdom to the Pope become his sworn Tributary Vassal and Homager to renounce the ancient Rights of his Crown to receive Stephen and his Confederates to favour to restore them to their Bishopricks with the Profits and Damages sustained by their Exile before the King could be absolved The King is forced to humble himself before him and swear to him before he would absolve him He instigates the Nobles against the King threatens to excommunicate him and revive the interdicts if he proceeded by Arms against them He was very severe against the Clergy-men who adhered faithfully to King John He excites the Barons to take up Arms against the King for their Liberties exhorts the Great Charter from him with new additional Clauses wresteth a new Charter for the Election of Bishops and Abbots from him and of the Patronage and Royalties of the Bishoprick of Rochester as absolutely as the King enjoyed them To requite which he surrendered the Castle and Ammunition of Rochester to the Barons He refuseth to execute the Popes Excommunication though oft pressed to it by the Legat and others He is accused and suspended in the Council at Rome for confederating with the Barons against the King A just retaliatiou At length his Suspension is token off but he not to return into England till Peace made betwixt the King and his Barons Ralph Nâ—vâ—l Bishop of Chichester and Chancellour of England being chosen Archbishop by the Monks of Canterbury was approved by the King and put in Possession of the Temporalties by and by The Monks of Canterbury thereupon pressing the Pope to confirm his Election Aâ—â—o 1231 the Pope made diligent enquiry of Simon Langâ—on Brother to Stephen elected but rejected by King John and the Pope too at his request to be Archbishop of York concerning Ralphs Person and Disposition Simon told the Pope that he was an hot Fellow Stout Subtle an old Courtier and very gracious with the King and therefore that he would make variance betwixt him and the King and cause him to deny the payment of that Tribute granted unto him by King John This was enough so without any more ado he dissolved the Election never alledging any matter of Exception against him but willed the Monks to chose another Then the Monks chose one John their Sub-prior He being called to Rome and first charged with insufficiency but sufficiently cleared thereof by the testimony of certain Cardinals to whose Examination he was referred he was yet in the end compelled to give over his right to that See And after some other several Elections of Archbishops to that See made with the Kings Allowance Mat. Paris fol. 502 515. they were all one after another declared void by the Pope In the Reign of King Edward the Second Anno 1313 after the Death of Robert Winchelsey Archbishop of Canterbury the Monks of Canterbury elected for his Successour one Thomas Cobham Dean of Salisbury and Prebend of York a Man of such Vertue and Learning that he was commonly called by the Name of the Good Clerk but the Pope bestowed that place upon Walter-Reynolds SECT 14. 14. In other Promotions and Ecclesiastical Livings the Popes usurped Patronages disturbed and Benefices bestowed upon Aliens a larger liberty of bestowing them at their will upon such as they made choice of or upon themselves without regard of any Mans right to present or whether the Persons upon whom those Livings were bestowed were the Natural Subjects of the Realm or not Whereupon ensued many Mischiefs one was that a great part of the Wealth of this Realm was bestowed and spent in Forreign Parts Another that many Aliens flocking into the Realm to occupy these Promotions their presence here was dangerous to the State and the King unfurnished of fit Persons being his Liege-Subjects to imploy in necessary and secret Services of this Realm Thirdly That the Natural Subject was discouraged and sought not to make himself fit for any place of Service by diligence in Study seeing that the Rewards of Learning were carried away by Strangers Of these are many Examples in our Histories and the wrong complained of from time to time In the Reign of King Henry the Third Pope Gregory before his Death to carry on his Wars and Designs against the Emperor Frederick and throw him out of the Empire Anno 1240 intended by way of Provision to confer all the Benefices in England especially of the Clergy and Religious Persons on the Sons of Romane and other Forreigners sending his Bulls to three Bishops viz. to Edmond Archbishop of York the Bishops of Lincoln and Sarum to confer no less than 300 of the next Benefices that fell void within their Diocesses on these Aliens A dangerous Usurpation on the Kings Prerogative the Churches Priviledges and the Patrons Rights The next year the King issued Writs to the Archbishops and Bishops of sundry Diocesses by way of Opposition to inquire how many Aliens were promoted to Benefices or Prebendaries with their Values and Names In that injurious course of conferring Benefices upon Italians the Archbishop of York withstood the Pope and was constrained to leave the Realm Pope Gregory fore-mentioned in the same Kings Reign wrote to the Abbot of Bury to bestow upon him a Benefice of the yearly Mat. Paris
fol. 735. value of One hundred Marks but so as they the Abbot and his Convent should farm the Benefice at his hands and pay him yearly 200 marks rent The same Author writeth of another Benefice and of the Treasureship Ibid fol. 815. of Sarum bestowed upon Innocent his little Nephew by one Martin at that time the Popes Legat in this Realm This Man was sent into England by Pope Innocent IV. to extort Moneys he was armed with Bulls to excommunicate to suspend and by manifold ways to punish all as well Bishops Abbots as others who opposed his Rapines and Extortions Provisions of Benefices Rents to the use of the Popes Clerks and Kinsmen He extorted Gifts Garments Palfreys from them suspending those who refused though upon reasonable Excuses till satisfaction He twice summoned the English Bishops and Clergy for a Contribution to the Pope and their Mother the Church of Rome against the Emperor The King sent a Prohibition to them not to give him any aid under pain of forfeiting their Baronies He suspended all to present to Benefices of ten Marks value or upward till his and the Popes Covetousness was satisfied The King sent memorable Prohibitions to him against his intollerable Provisions and Rapines who persevereth therein with a stony heart notwithstanding The Cinque-ports were guarded to interrupt the Popes Bulls and Provisions sent unto him His Messenger was imprisoned in Dover-castle but icâ—eased upon his Complaint to the King The King by advice of his Nobles sent Prohibitions to all the Bishops in England and Chief â—ustice in Ireland not to suffer him or any other Nuncio to collect â—ny Moneys for the Pope or confer any Benefices without his Privity or Consent The Nobles sent a Message to him in behalf of 〈◊〉 whole Kingdom to depart the Realm within three days else they would new him and all his in pieces And when he demanded the Kings Protection against the fury of the Nobles the King wished Mat. Paris p. 640. the Devil to take him whereupon he departed the Realm in a terrible Pannick fear The Abbot of Abingdon refusing to bestow upon a Roman the Benefice of St. Helens in Abingdon which was esteemed at the value of an hundred Marks and belonged to the Monastery of Abingdon because the King had demanded it for his Brother was cited to appear Idem fol. 1002. personally at Rome and could not obtain his Release until he had assured to the Pope a yearly Annuity of Fifty Marks to be paid out of his Monastery Pope John XXII bestowed the Bishopâ—ick of Winchester upon his Chaplain Rigandus in the time of King Edward the Second having before made reservation thereof and giving special charge that Tho. Walsingham fol. 90. no Election should take place though approved by the King We find in the Canon Law that in the time of King Richard the First though from the Records of the Tower we understand in the Reign of King John that Pope Innocent contriving how to usher in his Provisions into England by degrees without any observation imployed the Archbishop of Ragusa whom he discharged from that Church because he could not live quietly there to move King John to bestow a Bishoprick and other Benefices upon him in England to relieve his Necessities and support his Dignity whereupon the King out of his Royal Bounty bestowed the Bishoprick of Carlile the Archbishop of York and the Church of Melbourn upon him Of these Wrongs the People of this Land made often Complaints but could find no Redress The Usurpations of the Popes Legaâ— and Agents by Exactions Provisions Disposing Churches to Aliens and other Innovations became so intollerably Oppressive 〈◊〉 all sorts of People in England that by several Letters of Complanit disperled against them in the year 1231 1232 there waâ— stirred up a general Commotion and Opposition against theâ— throughout England for finding that most of the Ecclesiastical Livings of this Realm to be in the hands of Strangers they were 〈◊〉 offended that they set fire on their Barns in all parts of the Realm The Pope on the other side stormeth with the King and commandeth the Bishops of the Realm to excommunicate the Authors of the injury and withal to send them personally to Rome to receiâ—â— their Absolution at his hand Speed in his History relateth that it Speeds Chronic. in the Reign of King Henry III. was alledged by these Reformers that they had under-hand the Kings Letters Patents the Lord Chief Justices Assent the Countenance of the Bishop of London and the Sheriffs aid in divers Shires whereby the Armed Troops took heart every where violently to seize on the Romans Corn and their other Wealth which Booties they imployed to good purposes and for relief of the poor the Romans Roger de Wend. M. S. the mean while hiding their Heads for fear of losing them In the time of King Edward the Third Pope Clement granted to two Cardinals at one time Provisions of so many Spiritual Livings as would amount to the yearly value of Two thousand Marks Hereof the King complained to the Pope alledging that the Rights of Tho. Walsingham Hist in Edw. III. Patronages were disturbed the Treasure of his Realm spent upon Aliens in Foreign parts and that the Students his Subjects were thereby discouraged Which Reasons are delivered in a Statute by him made for restraint of Provisions from Româ— SECT 15. 15. The Pope claimeth to have one proper Authority which he Plenitudo Potestatis in Beneficialibus calleth Plenitudo Potestatis in Beneficialibus and is an infinite and unbridled Licence to do in Matters of Church-livings what himself listeth By force whereof he taketh from any Prelate or Beneficedman his Bishoprick or Benefice at his pleasure without yielding any Cause or Reason thereof He hath used to bestow Bishopricks of this Realm at his pleasure and when any of the Bishops died then the Pope claimed a Priviledge to have the Gift of them as Decedentes in Caria Romana and so kept them many years as Decedentes in Curia for they never came into England to die here as Salisbury and Worcester which were claimed by that Title in Queen Maries time Again the Pope might dissolve Ecclesiastical Dignities and Benefices at will and turn them into what shape it best liked him Moreover he might unite appropriate divide such Livings and do many strange things else about them no cause appearing to any man but his own will The Popes Legates also procured of the Kings of England Stipends and Provisions of good value out of Ecclesiastical Benefices and other Dignities Rustand the Popes Legate being in Favour with King Henry the Third procured from him besides the Livings he obtained by the Popes Provisions a Grant of Provisions out of the Ecclesiastical Benefices Dignities and Prebendaries which should first happen in his own Gift amounting to 300 Marks by the year to be preferred before all other a formerly granted by him one
Paris fol. 1002. the place of the Abbot being void 1000 Marks and would not confirm the Election of the new Abbot until the Monks had promised to pay 800 Marks In the Reign of King Edward the Second Pope John XXII reserved to his See the First-fruits of all vacant Benefices for the space of three years At that time also certain Usurers set up in England called Caursins who by Usuries and strange Arts devised in Italy did eat up the poor People and the Clergy The King himself was much indebted to them The Bishop of London would have repressed them but because they were maintained by the Pope he was not able to effect it The Franciscans and Dominicans preached up the Popes Power and drew all the Confessions to themselves and every day obtained Priviledges to the prejudice of the Parochial Priests who became almost useless The State of England was deplorable for hungry Italians of the baser sort with Bulls and Warrants from the Pope came daily to fleece the People and to raise such sums of Money as they would demand upon the Clergy If any denied what they demanded he was presently Excommunicated And they that held the great Benefices were Strangers who were but the Popes Farmers This caused Matthex Paris that lived then and beheld these things to lament That the Daughter of Sion was become like a shameless Harlot that could not bâ—ush by the just Judgment saith he of him that made an Hypocrite to reign and a Tyrant to domineer Sometimes the Pope made his advantage by Grants made to other Bishops to spoil the Realm as to the Bishop of Rochester whose Name was Laurentim de Sancto Martino a Chaplain and Counsellour of King Henry the Third This Man got a Dispensation from the Pope to hold all his former Livings in Commendam with this Bishoprick And yet alledging that his Bishoprick was the poorest of England and therefore his Living yet unable to maintain the Port of a Bishop he never ceased till he had extorted from the Clergy of his Diocess a Grant of a fifth part of all their Spiritual Livings for five years and appropriated unto his See for ever the Parsonage of Friends-bury The Pope at the same time granted a Bull to the Archbishop of Mat. Paris fol. 1000. Canterbury to collect the Fruits of all vacant Benefices within his Province for one year SECT 18. The way that yielded to the Pope his greatest Harvest was by The Popes Legats Legats sent into this Realm for they coming hither under a plausible title of care to reform things that were amiss within the Realm and the presence of a Legate having an Authority little inferior to the Pope himself being terrible to the Subject they had opportinity not not only to gather to their Masters whatsoever they liked to demand but also provailed intollerably for themselves and some of them with such insolence as it is strange that any Prince could ever suffer them in his Realm I shall here speak something of the Original of these Legats and shew how by degrees the Legatâ— Ã latere were brought in Authority amongst the Nations and how they did inlarge the Popes Phylacteries At first because Rome was the chief City of the Empire from thence as from a Seminary were preachers sent to sundry Nations to preach and plant the Gospel or to confute Heresies afterwards to provide vacant Benefices and to supply the absence of the Roman Bishop in Synods in all which they did no other thing but as other Bishops might have done and also did But when the Bishops of Rome were made Patriarchs and became ambitious these Legats did the same Offices at some times but therewith they began craftily to injoyn unto Archbishops and Metropolitans to execute some things which they were commanded by the Word of God to do and they would give them power within their own Diocesses as if Bishops had been Vicars of the Roman Parriarchs or his Legat. These Primats did gladly imbrace the show of Honour that for Petrie's Church History p. 272. reverence of the Roman Church they might be the more respected in their own Jurisdiction and sometimes the more easily advance themselves above their Competitors Sometimes the Popes sent Legats into other Diocesses with such modesty that they had Authority to attempt nothing without concurrence of the Bishops or Synod of that Countrey Albeit these Legations were partly good and just and at the worst were tollerable yet they were not potestativae or imperious but charitativâ— or exhortatory nevertheless the Popes brought the Churches and Bishops into subjection by such means for afterwards they were sent only for ambitious Usurpation Covetousness and Worldly Affairs The ordinary Legats at Pisa Romandiola Bononia Ferrara Avignon and if there be any other such are Provincial Deputies Prâ—tores or Vice-Roys The Nuncio's at the Court of the Emperor or of any King Prince or State are Ambassadors or Spies for Secular Affairs The Affairs of any Church that are gainful if they be of less account are reserved unto the Judgment of the Nuncio yet not definitively but to be determined at Rome And things of greater importance are wholly reserved for the Court of Rome The Ancient Bishops of Rome did severely in joyn their Legats to acknowledge duly the inferâ—oâ— Bishops within their own Jurisdiction but now they passby the Metropolitans and draw all Actions unto themselves and the Court of Rome Likewise their Ambition and Avarice have so provoked some Nations that they will scarce admit any Legat as Sicily and France have intrâ—nched their Office These particultrs are more largely written by Antoniuâ— de Dominis Archbishop of Spalato de Republ. Ecclesiast lib. 4. cap. 12. Of these some had the Titles and Ensigns others the power of Legats or more without the Title or Badges Some were sent successively into England Wales Ireland France and elsewhere to publish Popes Excommunications Interdicts Bulls Croisados Disms Suspensions Citations Mandats c. to and against Emperors Kings Princes Bishops Abbots Priors and all sorts of Persons to exact collect Moneys Pillage Sacred Churches Monasteries Mansions founded by our devout simple Ancestors for relief of the poor of Strangers and Sustentation of Religious Persons c. It was an Ancient Priviledge of the Kings of England and Scotland that no Legat à latere should come into any of their Dominions by the Popes Mission unless at the Kings special instant request to the Pope who eluded this priviledge by sending Nuncio's Chaplains Clerks Friers Minors or Prâ—dicants sometimes into their Realm with the full power not Titles or Ensigns of Legats Some Irish Bishops without the Kings Privity endeavouring to procure a Legat to be sent into Ireland the King upon notice thereof by his Chief Justice and others writes to the Pope to send no Legat thither against his will Pope Gregory the Ninth his Legat was imprisoned for stirring up Sedition in Lombardy against the Emperor Three Legats
little King of England under our Feet who now kicks with the heel against us Then the King the Nobles Archbishops Bishops and Abbots drew up seven Articles in Parliament against the Popes Grievances and Oppressions 1. In Extorting and Collecting several Sums of Money by General Taxes and Assesses without the Kings Assent or Consent against the ancient Customs Liberties and Rights of the Realm and against the Appeal and Contradiction of the Proctors of the King and Kingdom made in a General Council 2. In kindering Patrons to present their Clerks to Vacant Livings and bestowing them by Proviso's on other Roman Clerks utterly ignorant of the English Tongue to the peril of the peoples souls and impoverishing the Realm beyond measure by transporting Money out of it 3. In granting Pensions out of Livings by provision and more provision of Benefices than he promised after his Bull against them 4. That one Italian succeeded another That Subjects causes were drawn out of the Realm by the Pope's Authority against the Custom of the Realm against the Written Laws that men ought not to be condemned among their Enemies and against Indulgences granted by his Predecessors to the Kings and Realm of England 5. The frequent mention of that infamous word Non-obstante in his Bulls by which the Religion of an Oath ancient Customs vigour of Writings the Established Authority of Charters Laws Priviledges were debilitated vanished away and his not carrying himself courteously towards the Realm in revoking the plenitude of his power as he promised 6. That in the Benefices of Italians neither their Rights nor sustentation of the poor nor hospitality nor preaching of God's Word nor the useful Ornaments of the Churches nor Cure of Souls nor Divine Services were performed as they ought to be and according to the Custom of the Countrey 7. That the Walls of their Houses fell down together with their Roofs and were dilapidated To which other Complaints to the King and Parliament against the Court of Rome were super-added which they sent to the Pope by their respective Messengers with five several Letters two from the King to the Pope and his Cardinals a third from all the Archbishops and Bishops a fourth from all the Abbots and Priors the fifth from all the Earls and Temporal Lords speedily to reform all their Grievances to prevent unavoidable Mischiefs to the King the Pope and the Church of Rome and their revolt from Subjection to them They complained that the Pope demanded Knight-service due only to the King to Lords from their Tenants from Prelats and Clergy-men to find him so many Horse or Foot for half a year or pay a great Ransom in lien of it under pain of Excommunication which they must reveal to no Man That he granted one years Fruits of all Benefices that fell void within the Province of Canterbury to Archbishop Boniface That he by sealed Bulls required the Abbots of the Cistercian Order in England to send him golden Jewels to adorn his Planets and Copes as if they might be got for nothing That if any Clerk should from thenceforth die intestate his Goods should be converted to the use of the Pope which he commanded the Friers Preachers and Minors diligently to execute seizing on the Money Goods and Plate of three rich Archdeacons which the King hearing of prohibited and by the common Advice of his Nobles and Prelats in Parliament issued several successive Prohibitions to the Abbot of St. Albans and others not to pay any Tallage to the Pope or his Agents before the return of their Messengers to Rome against these Grievances under pain of seizing his Barony and to the Bishops not to exact or levy any such Tax for any Clerk Religious Person or Lay-man to the prejudice of his Royal Dignity against his and his Nobles Provisions in Parliament which he neither could nor would indure The Pope contemned the zealous Letters and memorable Complaints of the King and whole Kingdom against his Exactions requiring the Bishop of Norwich and others to levy a Subsidy for him at which all were amazed The King summons a new Parliament at Winton concerning the manifold Grievances of the whole Realm and especially of the Church wherein the Messengers sent to the Court of Rome reported That they could discern no Humility nor Moderation in the Popes Gestures or Words concerning the Oppressions wherein the Church and Realm of England were grieved and whereof they complained That when they expected a pleasing Answer the Pope told them The King of England who now kicks his Heel and Frederizeth hath his Council and I have mine which I will pursue That from that time scarce any English Man could dispatch any Business in Court yea they were all repelled and reviled as Schismaticks so as so many Epistles of the King and the universality of the Nobles and Prelats of the Realm had no efficiency at all At which Report the King and Nobles being much exasperated the King by their Advice commanded Proclamations to be made through all Countreys Cities Boroughs and Villages of the Realm that no Prelate Clerk or other Person throughout the Realm should consent to any Contribution to the Pope or transmit any Money towards his Aid or in any wise obey his papal Commandement which was accordingly done The Pope hearing thereof wrote to the English Prelats more sharply than before requiring them under pain of Excommunication and Suspension to pay in the Aid he demanded to his Nuncio in the New Temple before the Feast of Assumption Hereupon the King was so terrified with the Popes Menaces that he and the Richest Prelats complied with his Designs paying 6000 Marks to the Pope to the great impoverishing of the Realm which was transported by the Pope's Nuncio and Merchants to aid the Landgrave against the Emperor Frederick part whereof he intercepting grievously reprehended the Effeminacy of the English and of Richard Earl of Cornwall for yielding to the Popes party to the Destruction of the Realm of England and detriment of the Empire The Pope intended to have interdicted the Realm of England had they not paid his 6000 Marks and the King by his Nuncio's signified his Compliance to it Now all the consolation and hope of relieving the English expired their Enemies being their Judges SECT 22. 22. Hereunto I shall add what I found in an Ancient Manuscript which briefly gives us an account of what things were heretofore beneficial to the Court of Rome and prejudicial to the Realm of England which are as followeth 1. The procuring of Favour for all manner of Faculties and Dispensations at Rome 2. The ordinary Fees for Dispensations and Faculties besides Expences in suing out the same 3. The kinds of Faculties and Dispensations that in the beginning of Queen Elizabeths Reign appeared in the Book of Faculties remaining then with the Queens Clerk of the Faculties 4. The stranger the Faculty and Dispensation was which was sued for the dearer was the Favour and Fees that were