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
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.
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
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