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 Lâ—ndewood 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 as hath been related Prynn's Exact Hist vol. 2. yea totally neglected or seldome put in use in times of Popery by those which made them as Lyndewood himself acknowledgeth in hâ—s Epistle to Henry Archbishop of Canterbury before his Provâ—nciale SECT V. The Kings Prohibitions Contemned 5. The King's Prohibition disobeyed by the Popes Warrant is another Grievance complained of in those days For Pope Eugenius hath 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 Ecclesiastical 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 Ecclesiastical 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 Pryn's Hist of Popes Usurpations Vol. 2. p. 393 394 878 8â—9 or any other in cases of Certificates of 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 â—ejudical to the King or Kingdom Some Prohibitions were aâ—â—inst Bakers imprinting the sign of the Cross Agnus Dei or â—â—me of Jesus upon Sale-bread Some against Bishops and other â—â—eir Officers citing Lay Persons to make Inquisitions Presentâ—â—ents or give testimony upon Oath or excommunicating them â—â—r not taking Oaths in any case except in matters of Matrimony â—â—d Testament being against the Kings Prerogative Law or â—ustom of the Realm c. Against their holding Plea of any Chatâ—â—ls or Goods which concerned not Marriage or Testament or 〈◊〉 Goods Testamentary for which there is Suit in the Kings Exâ—â—equer Against their Citing Excommunicating or Interdicting â—â—â—y of the Kings Barons Bailiffs Judges Officers Sheriffs for â—xecuting the Kings Writs or Misdemeanours in the execution of â—â—eir Offices or any of his Tenants in Capite or of his Demesne â—ands Cities Castles without his special License or Lieutenants c. Against Archbishops Bishops Convents or others presenting to â—ivings or Prebends belonging to the King during Vacations Against disturbing the Possessions of the Kings Clerks presented â—y him to Benefices or Prebends or Judgments in his Courts by â—ny process out of Ecclesiastical Courts or from the Pope or his â—eligates Against Suits in Ecclesiastical Courts Pro laesione fidei â—r breach of Oaths in civil Contracts Against suing there for Lands â—evised by Custom or Actions of Debt devised by the Testator Against Ordinaries malicious Excommunications or Arresting or â—â—prisoning Persons unjustly Excommunicated by them or for â—inging Prohibitions to prevent them Against the bringing of any â—ulls Letters from or sending any Letters to the Pope or Court of â—ome prejudicial to the King or Realm Against citing or drawing â—ny of the Kings Subjects for any Suits to Rome or out of the Realm â—y the Pope his Delegates or others Against collecting any Aid â—isme or Money for the Pope or others by the Popes Authority â—ithout the Kings special Licence and Consent by Popes Nuncioes â—egats Bishops or any others Against Popes Provisions to Beâ—ifices Prebendaries c. belonging to the Kings Presentation 〈◊〉 right of his Crown or by his Prerogative in Vacant Bishopricks â—onasteries Wardships or to his free Chappels or Churches imâ—ropriated Against Clerks and others going to Rome without â—aking a special Oath to procure nothing to the Kings or Kingdoms â—amage Against Popes Legates or Agents coming into the Realm â—nless 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 fignati 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 Monasteries 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 Agasnst Womens Marriages who held Castles or Lands in Capite without the Kings Licence SECT 6. Restraint of the Common Law 6. Another Grievance was That the King was forbidden in 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 Usurpation against Common Law and to appertain to the Crown were drawn to the Ecclesiastical 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 not permitted to use the Common Law in some Cases of Lay Persons the King was restrained from the use of the Common 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
fell â—oid within their Diocesses on these Aliens A dangerous Usurpaâ—ion 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 â—o inquire how many Aliens were promoted to Benefices or Prependaries 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 Mat. Paris fol. 735. wrote to the Abbot of Bury to bestow upon him a Benefice of the yearly 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 Ibid fol. 815. and of the Treasureship 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 â—e 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 released upon his Complaint to the King The King by advice of his Nobles sent Prohibitions to all the Bishops in England and Chief Justice in Ireland not to suffer him or any other Nuncio to collect any Moneys for the Pope or confer any Benefices without his Privity or Consent The Nobles sent a Message to him in behalf of the whole Kingdom to depart the Realm within three days else they would hew him and all his in pieces And when he demanded the Kings Protection against the fury of the Nobles Mat. Paris p. 640. the King wished 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 Idem fol. 1002. was cited to appear 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 Bishoprick of Winchester upon his Chaplain Rigandus in the time of King Edward the Second having before made reservation thereof Tho. Walsingham fol. 90. and giving special charge that 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 Legats and Agents by Exactions Provisions Disposing Churches to Aliens and other Innovations became so intollerably Oppressive to all sorts of People in England that by several Letters of Complan it dispersed against them in the year 1231 1232 there was stirred up a general Commotion and Opposition against them throughout England for finding that most of the Ecclesiastical Livings of this Realm to be in the hands of Strangers they were so 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 that injury and withal to send them personally to Rome to receive their Absolution at his hand Speed in his History relateth Speeds Chronic. In the Reign of King Henry III. that it 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 Booâ—ies they imployed to good purposes and for relief of the poor Roger de Wend. M. S. the Romans the mean while hiding their Heads for fear of losing them In the time of King Edward the Third Pope Clement granted to â—wo 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 Tho. Walsingham Hist in Edw. III. alledging that the Rights of 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 Rome SECT 15. 15. The Pope claimeth to have one proper Authority Plenitudo Potestatis in Beneficialibus which he calleth Plenitudo Potestatis in Beneficialibus and is an infinite and unbridled Licence to do in Matters of Church-livings what himself â—isteth 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 Priviâ—edge to have the Gift of them as Decedentes in Curia 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 Prependaries which should first happen in his own Gift amounting to 300 Marks by the year to be preferred before all others formerly granted by him one only excepted SECT 16. Souldiers mustered and sent out of the Realm 16. Soulders have been Mustered and sent to Foreign Wars out 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 Land and appointing them for their Captain the Bishop of Norwich The Realm generally misliked that their Souldiers should be committed to the Guidance of an Ecclesiastical Person unacquainted with the Wars and therefore resisted for awhile but at length suddenly yielded upon a superstitious Conceit taken in their Heads The Croisado's for the Relief of the Holy Land was a Papal Cheat for Popes and others to pick simple Christians Purses for Popes Designs to maintain Wars against Christian Emperors and Princes 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 Croisado came out of France or England or other parts to sail into Syria to defend Jerusalem and the Holy Sepulchre against the Saracens he stopt them and gave them the same Graces and Indulgences 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 end 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 Vaudeois and Albigenses against whom the Pope caused the Croâ—sado to be preached and an infinite number of them to be massacred Pope Gregory IX who compiled the Decretals needing Money for his War against the Emperor Frederick sent a Legat into Engâ—and named Stephen who exacted a tenth part of all their moveâ—ble Goods that is of all their Flocks Rents Fruits Wares Offerings and Gifts to the Church And the said Legat had power â—o Excomunicate all that should refuse to pay and to put the Churches in Interdict He injoyned the Prelates upon pain of Exâ—ommunication to make that Collection speedily and without â—elay All that should cross that Holy Work he Excommunicated â—pso 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 â—he 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 inâ—ading many Towns belonging to the Emperor in Italy And the Emperor could not defend them because he was ingaged against â—he Saracens in the Levant where he took Jerusalem and put the Affairs of the Christians in a flourishing Estate And it is probable â—hat he had utterly destroyed the Saracens if the Injuries which he â—eceived from the Pope had not re-called him For the Emperor making a League for ten years with the Saracens and returning â—nexpectedly from the Holy Lâ—nd Mat. Paris p. 351 352. Matth Westm p. 128 129. interrupted the Popes proceedâ—ngs and soon recovered all his Castles so that the Pope was â—orced 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 Reaâ—ons sent Nuncios with power of Legats who by Sermons Exâ—ortations 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 â—ll 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 â—or that expedition to any Prince that paid Armies and sought â—or that Quarrel All was thrown into the Popes Coffers as into 〈◊〉 Gulph and by him imployed to make War against Frederick for he presently broke the Covenant sworn unto him The Treasure of the Realm spent in the Popes Wars Mat. Paris fol. 703 704. Moreover Wars made by the Pope were oftentimes supported 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 fol. 714. and 7â—5 Idem 1219. In the year 1255 Alexander IV. sent a Legate into the Realm who exacted the tenth part of all the Goods and Chatels in England Scotland and Ireland pretending the Church-wars against Manfred who had invaded the Kingdom of Naples which the Pope claimed to appertain to his See SECT 17. Sometimes again great sums were levyed
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 paid for the same 5. The Gift of all Bishopricks Abbeys Monasteries c. in England whereof the present Incumbent died in the Court of Rome 6. The Provisions procured from Rome for the best Bishopricks Abbeys c. when they fell void or were voidable by the Law 7. The Appellations to Rome to stay all ordinary Law and Justice of Courts 8. The Citations from Rome in arrest of Judgment procured from Rome when Men knew or suspected the Law would pass against them 9. The Bishops Suit at Rome for their Pall. 10. The Abbots Suit at Rome for the confirmation of their Elections 11. The prefering of Strangers to the best Promotions of the Realm as hath been largely shewn before 12. The procuring of Bulls by Bishops Abbots Priors and Colledges to be out of the Kings Vâ—sitation and Prerogative 13. The First-fruits and Tenths of all Spiritual Promotions The First fruits of vacant Benefices were granted by Pope Innocent IV. to Archbishop Boniface for seven years to raise Ten thousand Marks to pay pretended Debts of the Bishoprick an unheard of Innovation in England opposed by the Bishops Nobles and the King at first yet inforced by Excommunications But the Benefices of Noblemens and Lay-mens Patronage and the King 's free Chappels were exempted from them by Order of Parliament and the Kings Writs 14. Peter-pence granted by the Kings Ina and Offa to the English School at Rome not to St. Peter called Peter-Pence because payable upon St. Peter's day excepted in King John's Charter to the Pope frequently demanded by the Popes Granted to St. Albans Abbey by King Offa confirmed since by Popes Bulls â—leidan's Comment lib. 15. 15. The strange number and kinds of Pardons to allure all sorts of People to take and purchase them Frier Tecel to set forth the glory and prevalency of the Popes Pardons whereof he was the Pedler in Germany for the comfort and incouragement of Harlots and Whoremongers so far forgot the Honour and Reverence he should have given to the chaste Virgin Mary that he impiously averred If a Man had lain with our Blessed Lady the Mother of Christ and gotten her with-child yet the Popes Pardon was able to set him free from this Offencâ— Pardons were granted from the Pope for Eighty two thousand years â—or saying a short Prayer at Christs Sepulchre in Venice toties quoties For saying every Ave Maria in our Ladies Crown consisting of 63 Aves Two hundred eighty eight days Pardon of all sins and every Holy Mary in it 40 days Pardon and for saying the whole Crown of 63 Aves and 12 Pater-nosters by several Popes Indulgences Two hundred seventy three thousand seven hundred fifty eight days of Pardon And by the Bull of Pope Sixtus IV. Twelve thousand years of Pardon for â—very time any Person in the State of Grace shall say this Prayer Hail most holy Mary Mother of God Queen of Heaven Bernardinus de Busti Martiale part 12. Gate of Paradice Lady of the World Singular and Pure Thou art a Virgin thou hast conceived Christ without sin Thou hast brought forth the Creator and Saviour of the World in whom I doubt not Deliver me from all Evil and pray for my Sins Amen Here I shall present you with some Indulgences granted by Pope Gregory XIII at the instance of the Popish Bishop of St. Asaph in favour of one Mr. John Swynborn an English man the last day of March 1574. 1. WHosoever having one of these blessed Grains or Beads viz some consecrated Grains and Beads sent by the Pope among his other Beads and shall being confessed and communicated say over his Beads or the Rosary or shall read the passion of Christ our Saviour or say the Seven Psalms with the Letanies praying for the Pope's Holiness or for the Unity of the whole Common-wealth of Princes and Christian people with the See Apostolick and for the Reduction of the Hereticks Septentrional shall for every time obtain full Remission of their Sins as is granted in the Holy Wars against Infidels 2. And in the days of the Conception Nativity Annunciation Visitation Purification and Assumption of Our Blessed Lady being confessed and communicated and saying over your Beads or the Office of our Lady and praying for the Reduction of the Hereticks of England and other Countries Septentrional shall obtain in every the above-named days all the Indulgences that be granted to our Lady of Loretto of Monteserato of St. Angelo and of Sta. Maria Maggiore of Rome and any other Churches of our Lady in the whole World 3. And so often as any having Contrition of their Sins shall devoutly hear Mass or Sermon or say the Ave Mary in the Morning Mid-day and at Night when the Bell tolleth they being bare-headed and kneeling upon their Knees or shall bear with them three Beads at their Girdle or other place open to be seen or shall do reverence to the Image of the Cross of our Lady or any other Saint or shall examine their Conscience at Night before they go to sleep or shall going in or out of the Church or their Chamber take Holy Water or perswade or move others to do the same or shall charitably reprehend Blasphemers and other Sinners shall for every time so doing obtain an hundred years of Indulgences 4. And such as shall teach the Ignorant the Matters of the Faith according to his or their Estate or openly defend in every place the Catholick Church by Writing Catechising Preaching or by any other means they then shall obtain thereby the third part of their sins to be forgiven 5. Also thrice in a mans life-time after he shall have fasted three days and said over the whole Psalter and his Beads once or given sufficient Alms or done some other good Deed equivalent making to a Confessor appointed by his Ordinary or Superiour a general Confession that is either of his whole life or of that which is passed since his last general Confession was made and being communicated shall obtain thereby full remission of all his other sins 6. Moreover every day in Lent saying over with Devotion and Contrition of Heart and Desire of the Increasing of the Holy Faith his Beads Fasting also if he may otherwise praying or doing some other Charitable Works according to his Confessors Counsel shall obtain therefore all the stations of Rome day by day as they be appointed