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
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
only excepted SECT 16. 16. Soulders have been Mustered and sent to Foreign Wars out Souldiers mustered and sent out of the Realm of the Realm upon the Popes Commandment which Case hapned in the time of King Richard the Second the Pope gathering within this Realm a Band of Souldiers for the Wars of the Holy Laâ—d and appointing them for their Captain the Bishop of Nerwich The Realm generally misliked that their Souldiers should be committed to the Guidance of an Ecclesâ—astical Person unacquainted with the Wars and therefore resisted for a while but at length suddenly yielded upon a superstitious Conceit taken in their Heads The Croâ—sado's for the Relief of the Holy Land was a Papal Cheaâ—â— for Popes and others to pick simple Christians Purses for Popes Designs to maintain Wars against Christian Emperors and Princesâ—â— the Greek Church and the Albigenses detesting and opposing Papal Usurpations and Corruptions to inthral depose and murder them So great was Pope Innocent's Animosity against the Emperor Frederick that when Forces of the Croâ—sado came out of France or England or other parts to sail into Syr. â—â— to defend Jerusalem and the Holy Sepulchre against the Sarac â—s he stopt them and gave them the same Graces and Indul encâ—s as if they had performed the Journey into the Holy Land upon Condition that they should turn their Armes against Frederick whose Power lay upon him because he stiffly maintained the Rights of the Empire The Pope proceeded so far as to give the Empire to Robert Brother of Lewis IX King of France upon condition that he should conquer it But Robert sent his Present back to the Pope both because he sent him no Money to furnish him for that Conquest and because he found it very strange that the Pope would give that which was none of his Also because he shewed himself an Enemy to a great and vertuous Prince who had done and suffered so much bravely fighting for the Cause of the Christians against the Infidels Then he added That the Popes are lavish of the Blood of others and that their â—nd is to tread all the Princes of the world under their feet and to put on the Horns of Pride Mean-while persecution grew sore against those whom they called Vaudoâ—â—â— and Albigenses against whom the Pope caused the Craisado so be preached and an infinite number of them to be massacred Pope Gregory IX who compiled the Decretals needing Moneâ— for his War against the Emperor Frederick sent a Legar into England named Stophen who exacted a tenth part of all their moveable Goods that is of all their Flocks Rents Fruits Wares Offerings and Gifts to the Church And the said Legat had power to Excomunicate all that should refuse to pay and to put the Churches in Interdict He injoyned the Prelates upon pain of Excommunication to make that Collection speedily and without delay All that should cross that Holy Work he Excommunicated ipso facto He would be paid in new Coin and of good Weight He took the Tithe even of the Corn in the first Blade that is of the Crop of the year after In these Exactions he was so urgent and griping that the Parishes were forced to engage the Chalices and Church-Plate to satisfie his Covetousness And he had certain Usurers with him who lent Money upon double use to those who had no ready Money This caused a great Clamour and Lamentation over all the Countrey but without effect The Money was imployed by the Pope in invading many Towns belonging to the Emperor in Italy And the Emperor could not defend them because he was ingaged against the Saracens in the Levant where he took Jerusalem and put the Affairs of the Christians in a flourishing Estate And it is probable that he had utterly destroyed the Saracens if the Injuries which he received from the Pope had not re-called him For the Emperor making a League for ten years with the Saracens and returning unexpectedly from the Holy Land interrupted the Popes proceedings Mat. Paris p. 351 352. Matth Westm p. 128 129. and soon recovered all his Castles so that the Pope was forced by meditation of Friends to stoop to the Emperor and make his peace with him beyond all Expectation Scarce was the Collection ended made by Stephen the Legate when Pope Gregory inventing Extortions grounded upon fair Reasons sent Nuncios with power of Legats who by Sermons Exhortations and Excommunications brought an infinite number of English Men to Mendicity and turned them out of their Houses This was done under a pretence of contributing to the expence of the Holy War of which himself hindered the success and yet he promised to them that should contribute Money for it the remission of all their sins and to them that should go in Person an Augmentation of Glory yet the Pope never gave any part of the Money raised for that expedition to any Prince that paid Armies and fought for that Quarrel All was thrown into the Popes Coffers as into a Gulph and by him imployed to make War against Frederick for he presently broke the Covenant sworn unto him Moreover Wars made by the Pope were oftentimes supported The Treasure of the Realm spent in the Popes Wars Mat. Paris fol. 703 704. at the Charges of Forreign Countreys the Pope bearing them in hand that they were the Wars of the Church and therefore did in common concern every of their States and Interests under which colour large Contributions have been drawn out of this Realm In the year 1240 the Pope forced all Aliens within this Realm to contribute to the Wars against Frederick the fifth part of the Revenues of their Spiritual Livings and in the same year took another fifth part of all Bishopricks to the same use The Pope ceased not thus but immediately commanded new Collections to be made still pretending his Wars with the Emperor against which Commandment the Clergy made divers Exceptions which are at large set down by Matth. Paris sol 714. and 7â—5 In the year 1255 Alexander IV. sent a Legate into the Realm Idem 1219. who exacted the tenth part of all the Goods and Chatels in England Scotland and Ireland pretending the Church-wars against Mansred who had invaded the Kingdom of Naples which the Pope claimed to appertain to his See SECT 17. Sometimes again great sums were levyed no other cause being known but the Popes pleasure In the year 1245 the Pope demanded of all Clerks that were Levies of Moneys to the Popes use without cause Non-resident half their Revenues and of those that were resident a third part Matthew Paris writeth that in the year 1257 the Popes Proctors sent with his Bulls into this Realm extorted of Clerks and Religious Persons great sumâ— of Money and if any sound themselves Grieved and offered to appeal they were forth with by one Commission or other Excommunicated In the year 1248 he exacted of the Monastery of St. Edmondsbury Mat.
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