Selected quad for the lemma: england_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
england_n	abbey_n	abbot_n	council_n	31	3	5.0863	4	false

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ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A69901	England's independency upon the papal power historically and judicially stated by Sr. John Davis ... and by Sr. Edward Coke ... in two reports, selected from their greater volumes ; with a preface written by Sir John Pettus, Knight.	Davies, John, Sir, 1569-1626.; Coke, Edward, Sir, 1552-1634.; Pettus, John, Sir, 1613-1690.	1674 (1674)	Wing D397; ESTC R21289	68,482	102

any Excommunication out of he Realm And therefore by the rule of the Court the Plaintif was not thereby disabled Reges sacro oleo uncti sunt Spiritualis Jurisdictionis capaces Where a Prior is the King's debtor and ought to have Tithes of another Spiritual person he may chuse either to sue for subtraction of his Tithes in the Ecclesiastical Court or in the Exchequer and yet the persons and matter also were Ecclesiastical For seeing the matter by a mean concerneth the King he may sue for them in the Exchequer as well as in the Ecclesiastical Court and there shall the right of Tithes be determined And Fitzherbert in his Nabre fol. 30. holdeth that before the Statute of 18 E. 3. cap. 7. right of Tithes were determinable at the Temporal Courts at the election of the party and by that Statute assigned to be determined in the Ecclesiastical Court and the Temporal Court excluded thereof And the Courts of divers Mannors of the King 's and of other Lords in ancient times had the Probates of last Wills and Testaments And it appeareth by 11 H. 7. fol. 12. that Probate of Testaments did not appertain to the Ecclesiasticall Court but that of late time they were determinable there So as of such Causes and in such manner as the Kings of the Realm by general consent and allowance have assigned to their Ecclesiasticall Courts they have Jurisdiction by force of such allowance The King did by his Charter translate Canons Secular into Regular and Religious persons which he did by his Ecclesiasticall Jurisdiction and could not doe it unlesse he had Jurisdiction Ecclesiasticall The Abbot of Waltham died in the 45. year of E. 3. and one Nicholas Morris was elected Abbot who for that the Abbey was exempt from ordinary Jurisdiction sent to Rome to be confirmed by the Pope And because the Pope by his Constitutions had reserved all such Collations to himself he did recite by his Bull that he having no regard to the Election of the said Nicholas gave to him the said Abbey and the Spiritualties and Temporalties belonging to the same of his spirituall grace and at the request as he feigned of the King of England This Bull was read and considered of in Councill that is before all the Judges of England and it was resolved by them all that this Bull was against the Laws of England and that the Abbot for obtaining the same was fallen into the King's mercy whereupon all his possessions were seised into the King's hands as more at large by the said Case appeareth Where the Abbot of Westminster had a Prior and Convent who were Regular and mort in law yet the King by his Charter did divide that Corporation and made the Prior and Convent a distinct and capable Body to sue and be sued by themselves At a Parliament holden in the 25. year of King Edward the Third it was enacted by consent of the whole Parliament That as well they that obtained Provisions from Rome as they that put them in execution should be out of the King's protection and that a man might doe with them as with the enemies of the King And he that offendeth against such Provisors in body goods or other possessions should be excused against all people and should never be impeached or grieved for the same By which Law every man might lawfully kill such an Offendor as a common enemy against the King and his Countrey so hainous were such offences then holden Afterwards in the same 25. year of King Edward the Third it was in open Parliament by the grievous complaints of all the Commons of this Realm shewed that the Grievances and Mischiefs aforesaid did daily abound to the great dammage and destruction of all this Realm more then ever before viz. That of late the Bishop of Rome by procurement of Clerks and otherwise had reserved and did daily reserve to his Collation generally and specially as well Archbishopricks Abbies and Priories as all other Dignities and other Benefices of England which were of the Advowrie of people of Holy Church and gave the same as well to Aliens as to Natives and did take of all such Benefices the First-fruits and many other Profits and a great part of the Treasure of the Realm was carried away and dispended out of the Realm by the purchasors of such graces and also by such privy Reservations many Clerks advanced in the Realm by their true Patrons which peaceably had holden their Advancements by long time were suddenly put out Whereupon the said Commons did pray their said Sovereign Lord the King that fithence the right of the Crown of England and the Law of the said Realm was such that upon the mischiefs and dammages which happened to his Realm he ought and was bound of the accord of his said people thereof to provide remedie and law for the avoiding the mischiefs and dammage which thereof came That it might please him thereupon to ordain remedy The said King Ed. the 3. seeing the mischiefs and dammage before named and having regard to the Statute made in the time of his Grandfather King Ed. 1. and to the causes contained in the same which Statute holdeth always his force and was never defeated nor adnulled in any point and forasmuch as he was bound by his Oath to see the same to be kept as a Law of this Realm though that by sufferance and negligence it had been fithence attempted to the contrary also having regard to the grievous complaints made to him by his people in divers his Parliaments holden heretofore willing to ordain remedy for the great dammage and mischiefs which had happened and daily did happen to the Church of England by the said cause by the assent of all the Great men and the Commonalty of the said Realm to the honour of God and profit of the said Church of England and of all his Realm did order and establish That the free Election of Archbishops Bishops and all other Dignities and Benefices electory in England should hold from thenceforth in the manner as they were granted by the King's Progenitors and founded by the Ancestors of other Lords And that all Prelates and other people of Holy Church which had Advowsons of any Benefices of the King's gift or of any of his Progenitors or of other Lords and Donors to doe Divine Service and other charges thereto pertaining should have their Collations and Presentments freely in the manner as they were infeoffed by their Donors And in case that Reservation Collation or Provision be made by the Court of Rome of any Archbishoprick Bishoprick Dignity or other Benefice in disturbance of the Elections Collations or Presentations afore named That at the time of the Avoidance that such Reservations Collations and Provisions ought to take effect the said King Edward the Third and his Heirs should have and enjoy the same Collations to the Archbishopricks and other Dignities

not purchased his Pall in the Court of Rome he displaced many Bishops and Abbots to place his Normans in their rooms And amongst the rest it is to be noted that the King having earnestly moved Wolstan Bishop of Worcester being then very aged to give up his Staff his answer was that he would give up his Staff onely to him of whom he first received the same And so the old man went to Saint Edward's Tomb and there offered up his Staff and Ring with these words Of thee O holy Edward I received my Staff and my Ring and to thee I do now surrender the same again Which proves that before the Norman Conquest the King did invest his Bishops per annulum baculum as I said before Thus we see by the admission of the Pope's Legates the first step or entry made into his usurped jurisdiction in England Albeit the King still retained the absolute power of investing Bishops and seemed onely to use the advice and assistance of the Legates in Ecclesiastical matters for that no Decree passed or was put in execution without his Royal assent thereunto Besides how far forth he submitted himself to the Pope it appeareth by a short Epistle which he wrote to Gregory the 7. in this form Excellentissimo Sanctae Ecclesiae Pastori Gregorio gratiâ Dei Anglorum Rex Dux Normannorum Willielmus salutem cum amicitia Hubertus Legatus tuus Religiose Pater ad me veniens ex tua parte me admonuit ut tibi successoribus tuis fidelitatem facerem de pecunia quam antecessores mei ad Romanam Ecclesiam mittere solebant melius cogitarem Vnum admisi alterum non admisi fidelitatem facere nolui nec volo quia nec ego promisi nec antecessores meos antecessoribus tuis id fecisse comperio Pecunia tribus ferè annis in Galliis me agente negligenter collecta est nunc vero divinâ misericordiâ me in Regnum meum reverso quod collectum est per praefatum Legatum mittetur quod reliquum est per Legatos Lanfranci Archiepiscopi fidelis nostri cum opportunum fuerit transmittetur c. But in the time of his next Successour King William Rufus they attempted to pass one degree farther that is to draw Appeals to the Court of Rome For Anselme being made Archbishop of Canterbury and being at some difference with the King besought his leave to goe to Rome under pretence of fetching his Pall. The King knowing he would appeal to the Pope denied him leave to goe and withall told him That none of his Bishops ought to be subject to the Pope but the Pope himself ought to be subject to the Emperour and that the King of England had the same absolute liberties in his Dominions as the Emperour had in the Empire and that it was an ancient custome and law in England used time out of mind before the Conquest that none might appeal to the Pope without the King's leave and that he that breaketh this law or custome doth violate the Crown and dignity Royal and he that violates my Crown saith he is mine enemy and a traitour How answer you this quoth the King Christ himself answers you saith the Archbishop Tu es Petrus super hanc petram c. Wherewith the King was nothing satisfied And thereupon Anselme departing out of the Realm without licence the King seized his Temporalties and became so exasperate and implacable towards the Bishop as he kept him in perpetual exile during his Reign albeit great intercession were made for his return as well by the Pope as the King of France In the time of the next King Hen. 1. though he were a learned and a prudent Prince yet they sought to gain a farther point upon him and to pluck a flower from his Crown of greater value namely the Patronage and Donation of Bishopricks and all other Benefices Ecclesiasticall For Anselme being revok'd and re-established in the See of Canterbury the Bishopricks of Salisbury and Hereford fell void which the King bestowed on two of his Chaplains But Anselme their Metropolitan did refuse to consecrate them so as the Archbishop of York was fain to perform that Office who with the chief of the English Clergie stood with the King and withstood Anselme Hereupon the King requires him to doe his homage the Bishop denies it The King demands of him whether the patronage and investiture of all Bishopricks were not his rightfull inheritance the Bishop said it was not his right because Pope Vrban had lately made a Decree that no Lay person should give any Ecclesiasticall Benefice This was the first question that ever was made touching the King of England's right of patronage and donation of Bishopricks within his dominions This new question caused many messages and embassages to Rome At last the King writes plainly to the Pope Notum habeat Sanctitas vestra quod me vivente Deo auxiliante dignitates usus regni nostri non minuentur si ego quod absit in tanta me directione ponerem magnates mei imo totius Angliae populus id nullo modo pateretur Besides William de Warrenast the King's procurator in the Court of Rome told the Pope that the King would rather lose his Kingdome then he would lose the donation of Bishopricks The Pope answered Know you precisely Sir I speak it before God that for the redemption of my head I would not suffer him to enjoy it After this Anselme being received into the King's favour in a Synod of the English Clergie holden at London in the year 1107. a Decree was made Cui annuit Rex Henricus saith Matth. Paris that from thenceforth nunquam per donationem Baculi Pastoralis vel Annuli quisquam de Episcopatu vel Abbathia per Regem vel quamlibet laicam manum inv●stiretur in Anglia In recompence whereof the Pope yielded this favour to the King that thenceforth no Legate should be sent from the Pope's side into England unless the King required it and that the Archbishop of Canterbury for the time being should be for ever Legatus natus and Anselme for the honour of his See obtained that the Archbishop of Canterbury should in all generall Councils sit at the Pope's foot tanquam alterius orbis Papa Notwithstanding as the succeeding Popes kept not their promise touching the sending of Legates so this self-same King after the death of Anselme broke the Decree touching the investiture of the Bishops For he gave the Archbishoprick of Canterbury to Rodolph Bishop of London saith Matth. Paris Et illum per Annulum Pastoralem Baculum investivit as before he had invested Willielmum Gifford in the B●shoprick of Winchester contra novi Concilii statuta as the same Authour reporteth The times of the next succeeding King Stephen were full of Civil dissensions which made the land well-nigh waste so as Saint Peter's Successour could not take any fish in such troubled

such Bulls so purchased or any such Balls to be purchased in time to come upon the pain of a Premunire as by the said Act appeareth In the Reign of King Henry the Fifth IN an Act of Parliament made in the third year of King H. 5. it is declared That whereas in the time of King H. 4. Father to the said King in the 7. year of his Reign to eschew many discords and debates and divers other mischiefs which were likely to arise and happen because of many Provisions then made or to be made by the Pope and also of Licence thereupon granted by the said late King amongst other things it was ordained and established That no such Licence or Pardon so granted before the same Ordinance or afterwards to be granted should be available to any Benefice full of any Incumbent at the day of the date of such Licence or Pardon granted Nevertheless divers persons having Provisions of the Pope of divers Benefices in England and elsewhere and Licences Royall to execute the same Provisions have by colour of the same Provisions Licences and Acceptations of the said Benefices subtilly excluded divers persons of their Benefices in which they had been Incumbents by a long season of the collation of the very Patrons Spiritual to them duely made to their intent to the final destruction and enervation of the states of the same Incumbents The King willing to void such mischiefs hath ordained and established That all the Incumbents of every Benefice of Holy Church of the Patronage Collation or Presentation of Spirituall Patrons might quietly and peaceably enjoy their said Benefices without being inquieted molested or any ways grieved by any colour of such Provisions Licences abd Acceptations And that all the Licences and Pardons upon and by such Provisions made in any manner should be void and of no value And if any feel himself grieved molested or inquieted in any wise from thenceforth by any by colour of such Provisions Licences Pardons or Acceptations that the same molestors grievors or inquietors and every of them have and incurre the pains and punishments contained in the Statutes of Provisors before that time made as by the said Act appeareth A Statute was made for extirpation of Heresie and Lollardry whereby full power and authority was given to the Justices of Peace and Justices of Assise to inquire of those that hold Errours Heresies or Lollardry and of their maintainers c. And that the Sheriffe or other Officer c. may arrest and apprehend them The King by consent of Parliament giveth power to Ordinaries to enquire of the foundation erection and governance of Hospitals other then such as be of the King's foundation and thereupon to make correction and reformation according to the Ecclesiasticall Law In the Reign of King Henry the Sixth EXcommunication made and certified by the Pope is of no force to disable any man within England And this is by the ancient Common Laws before any Statute was made concerning forrein Jurisdiction The King onely may grant or licence to found a Spiritual Incorporation In the Reign of King Henry the 6. the Pope writ Letters in derogation of the King and his Regalty and the Church-men durst not speak against them But Humfrey Duke of Gloucester for their safe keeping put them into the fire In the Reign of King Edward the Fourth IN the Reign of King Edward the Fourth the Pope granted to the Prior of Saint Johns to have Sanctuary within his Priory and this was pleaded and claimed by the Prior But it was resolved by the Judges that the Pope had no power to grant any Sanctuary within this Realm and therefore by judgement of the Law the same was disallowed There it appeareth that the opinion of the King's Bench had been oftentimes that if one Spiritual person sue another Spiritual man in the Court of Rome for a matter spiritual where he might have remedy before his Ordinary that is the Bishop of that Diocese within the Realm quia trahit ipsum in placitum extra regnum incurreth the danger of a Premunire a hainous offence it being contra legiantiae suae debitum in contemptum Domini Regis contra Coronam dignitatem suas By which it appeareth how grievous an offence it was against the King his Crown and Dignity if any subject although both the persons and cause were Spirituall did seek for justice out of the Realm as though either there wanted Jurisdiction or Justice was not executed in the Ecclesiastical Courts within the same which as it hath been said was an high offence contra Regem Coronam dignitatem suas In the King's Courts of Record where Felonies are determined the Bishop or his Deputy ought to give his attendance to the end that if any that is indicted and arraigned for Felony do demand the benefit of his Clergy that the Ordinary may inform the Court of his sufficiency or insufficiency that is whether he can reade as a Clerk or not whereof notwithstanding the Ordinary is not to judge but is a minister to the King's Court and the Judges of that Court are to judge of the sufficiency or insufficiency of the party whatsoever the Ordinary doth inform them and upon due examination of the party may give judgement against the Ordinarie's information for the King's Judges are Judges of the cause The Pope's Excommunication is of no force within the Realm of England In the Reign of King Edward the Fourth a Legate from the Pope came to Calice to have come into England but the King and his Council would not suffer him to come within England until he had taken an oath that he should attempt nothing against the King or his Crown and so the like was done in his Reign to another of the Pope's Legates And this is so reported in 1 Henrici 7. fol. 10. In the Reign of King Richard the Third IT is resolved by the Judges That a Judgement or Excommunication in the Court of Rome should not bind or prejudice any man within England at the Common Law In the Reign of King Henry the Seventh IN the Reign of King Henry the 7. the Pope had excommunicated all such persons whatsoever as had bought Allum of the Florentines And it was resolved by all the Judges of England that the Pope's Excommunication ought not to be obeyed or to be put in execution within the Realm of England In a Parliament holden in the first year of King Henry the Seventh for the more sure and likely reformation of Priests Clerks and Religious men culpable or by their demerits openly noised of incontinent living in their bodies contrary to their Order it was enacted ordained and established by the advice and assent of the Lords Spiritual and Temporal and the Commons in the said Parliament assembled and by authority of the same That it be lawful to all Archbishops and Bishops

9.24 H. 8. c. 12.27 H. 8. c. 20.32 H. 8. c. 7.1 E. 6. ca. 2.2 E. 6. ca. 13.1 Ma. cap. 3.1 Eliz. ca. 1.5 Eliz ca. 23.13 Eliz. ca. 10. Litt. lib. 2. ca. Frankalm fol. 30. F. Na. Br. fol. 41 42 43 44 45 46 47. Regist fol. 33 34 44. c. This King reigned an Dom. 755. Stanford lib. 3. cap. 38. fol. 111. This charter was pleaded 1 H. 7.23.25 Note Rex Edwin regnavit anno Dom. 955. St. K. Edw. laws ca. 19. 7 E. 3. tit Quare Impedi● 19. The Charter of H. 1. Founder of the Abbey of Reading in the 26. year of his reign and in the year of our Lord 1125. 2 H. 3. Tit. Prohibition .13 4 H. 3. ibidem 15. 15 H. 3. Tit. Prohib 22. Register fol. The Statute of Merton an 20 H. 3. Vide 30 E. 3. Li. ss pl. 19. Brook tit Premunire pl. 10. Note this was by the common Law of England before any Statute made 19 E. 3. tit Quare non admisit 7. Vide 39 E. 3.20 Note The Statute of Bigamie 〈◊〉 4 E. 1. Observe how the King by advice of his Council that is by authority of Parliament expounded how the said Council should be understood and in what sense it should be received and allowed here Statutum de anno 25 E. 1. Carlisle Vide 20 E. 3. tit Essoin 24. Nota The first attempt was to usurp upon such Ecclesiasticall things as pertained to the Clergy of England who at that time stood in great awe of the Church of Rome The Statute of 9 E. 2. Artic Cleri cap. 16. See the Ordinance of Circumspectè agatis an 13 E. 1. to this effect By this Statute of 9 Ed. 2. and the Statutes of 15 E. 3. cap. 6. 31 E. 3. cap. 11. and by other Statutes heretofore mentioned the Jurisdiction of the Ecclesiasticall Court is allowed and warranted by consent of Parliament in all cases wherein they now have Jurisdiction so as these Laws may be justly called the King's Ecclesiasticall Laws or the Ecclesiasticall Laws of England 16 E. 3. Tit Excom 4. In the Reign of E. 3. 17 E. 3.23 20 E. 3. Excom 9. 16 E. 3. tit Bre. 660. 21 E. 3.60 6 H. 7.14 Fit Na. Br. 20 E. 3. Tit. Excom 6. 21 E. 3. fol. 40. 22 E. 3. lib. Ass pl. 75. 27 E. 3. fol. 84. Fit Na. Br. fol. 34. 30. E. 3. lib. Ass pl. 19. 12 H. 4.16 14 H. 4.14 8 H. 6. fol. 3. 35 H. 6.42 28 H. 6.1 7 E. 4.14 12 E. 4.16 Fit Na. Br. fol. 64. F. Vide 9. E. 4. fol. 3. Hereafter fol. 11. It ought to be determined in the●●cclesiasticall Courts in England 31 E. 3. Tit. Excom 6. 33 E. 3. tit ●yde de Roy 103.38 Ass pl. 20. See the Statute of 15 E. 3. cap. 6. 31 E. 3. cap. 11. 38 Lib. Ass pl. 22. 46 E. 3. Tit. Premun 6. 49 E. 3. Lib. Ass pl. 8. Statut. de 25 E. 3. de Provisoribus Statut. de 25 E. 3. Note Note Vide 10 E. 3. fol. 1. 2. Statutum de 27 E. 3. Statut. de 28 E. 3. cap. 1. 2. Statut. de 38 E. 3. ca 3. 12 R. 2. tit Jurisdiction 18. Statutum de 16 R. 2. cap. 5. Note 1 H. 4. fol. 9. Fitz. Na. ●r 269. This had a resemblance to an Attainder of Treason wherein there must be first an Inditement by one Jury and a Conviction by another 11 H. 4.37 11 H. 4. fol. 69.76 14 H. 4. fol. 14. Vide 30 E. 3. lib. Ass pl. 19. before Vide 13 E. 3. Certificate 6. Vide 20 H. 6.1 37 H. 6.42 7 E. 4.14 Fitz. Na. Br. 64. F. 14 H. 4.14 Statut. de 2 H. 4. cap. 3. Statut. de 6 H. 4 cap. 1. Statut. de 7 H. 4. cap. 6. Statut. de 3 H. 5 cap. 4. * Stat. de 2 H. 5. cap. 7. Lollardry à lolio For as Cockle is the destruction of the Corn so is Heresie the destruction of true Religion Infelix lolium steriles dominantur avenae Virgilius Et careant loliis oculos vitiantibus agri Ovidius Statutum de 2 H. 5. cap. 1. 8 H. 6. fol. 3. 9 H. 6. fol. 16. 1 H. 7. fol. 10. 1 H. 7. fol. 20. 9 E. 4.3 Fitz. Na. Br. fol. 44. H. agreeth herewith Note 9 E. 4.28 12 E. 4. fo 16. 2 R. 3. fo 22. 1 H. 7.10 Statut. de 1 H. 7. cap. 4. 10 H. 7.18 11 H. 7.12 Statut. de 24 H. 8. cap. 12. This Statute is declaratorie of the ancient laws of England as manifestly appeareth by that which hath been said See Br. Abridgment tit Presentment al Esglise pl. 12. The Pope was permitted to doe certain things within this realm by usurpation and not of right until the reign of H. 8. This also is declaratory of the ancient Law as it appeareth both by 9 E. 4.3 Fitz. Na. B. 44. and many other cases and statutes abovesaid Statut. de 25 H. 8. cap. 21. This was also declaratory of the ancient Law as by that which hath been said appeareth This appeareth by resolution of all the Judges in 7 H. 8. Lib. Keylw fo 181. And this was long before any Act of Parliament was made against forrein Jurisdiction by King Henry the 8. The Statute of 1 Q. Eliz. 12 Eliz. Reg. Dyer Psalm 109.28 Though they curse yet bless thou O Lord and let them be confounded that rise against me but let thy servant rejoyce Which was the prayer her Majesty made when this Bull was published against her The Statute of 13 Eliz. Note the fruits of the Bull. 1. 2. 3. 4. The parts of the Act. 1. 2. 3. 4. 5. The Statute of an 23 Reginae Eliz. The Statute of an 27 Eliz. Reginae