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
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
their Domiâ—â—ons by the Popes Mission unless at the Kings special instant reâ—est to the Pope who eluded this priviledge by sending Nuncio's â—aplains Clerks Friers Minors or Praedicants sometimes into â—â—eir Realm with the full power not Titles or Ensigns of Legats Some Irish Bishops without the Kings Privity endeavouring to â—â—ocure a Legat to be sent into Ireland the King upon notice â—â—ereof by his Chief Justice and others writes to the Pope to send 〈◊〉 Legat thither against his will Pope Gregory the Ninth his Legat was imprisoned for stirring 〈◊〉 Sedition in Lombardy against the Emperor Three Legats with â—ndry Archbishops and Bishops were taken by the Emperors Galâ—ys going to a Council upon the Summons of Pope Gregory IX Gualo a Presbiter Cardinal of St. Martin crowned King Henry 〈◊〉 causing him to do homage to the Church of Rome and Pope â—nocent for England and Ireland and to swear faithfully to pay â—e Annual Rent for them which his Father King John had granted 〈◊〉 long as he injoyed those Realms He deprived Simon Langton â—rchdeacon of Canterbury and Gervase de Habruge who obstinately â—dhered to Lewis and the Barons and celebrated Divine Service to â—hem and the Londoners after their Excommunication of their Beâ—efices for which they were compelled to go to Rome He sent â—nquisitors through all Provinces of England suspending and deâ—riving Clerks of their Benefices for very small faults and adhering â—o the Barons bestowing their Livings on his own Creatures Clerks â—nriched with others Spoils He received a thousand Marks from Hugh Bishop of Lincoln and vast sums from other Religious Peâ—sons Canons exhausting their Purses and reaping where he 〈◊〉 not sow He bare sway in the Councils of King Henry III wâ— sealed some Writs and Patents with his Seal before his own Sâ— was made and usurped on his Crown during his Minority witâ—out Opposition Bernardus de Nympha came Armed into Englaâ—â— with the Bulls of Pope Innocent IV to collect Money from thâ— Cruce signati for Richard Earl of Cornwall the Kings Brother Dâ—vers Blank Bulls of the Popes were found in his Chest after 〈◊〉 Death containing manifold Machinations of the Romans to debase and oppress England John de Diva an English Frier was armed with many Papâ— Bulls to extort Moneys from the English for Pope Innocent IV under dreadful Penalties and Fulminations He exacts six thousanâ— Marks out of Lincoln Diocess His Exaction at St. Albans waâ— appealed against who demanded 300 Marks notwithstanding thâ— Appeal to be paid within Eight days under pain of Excommunication and Interdict which the Pope upon an Appeal caused theâ— to pay He had a Bull from the Pope to inquire of all Lands alâ—enated from Churches and Monasteries Vexations by Proviso's aâ— Simoniacal Contracts for Livings to seize them to the Popes use and Excommunicate Interdict all Opposers without Appeal John Ruffin 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. Hâ— demandeth two Marks by way of Procuration from all Conventuaâ— Churches of England he demandeth two Dignities and two Monkâ— portions in all Cathedrals and Monasteries Pryn's Hist of Popes Usurpations Otho Cardinal Deacon of St. Nicholas in Carcere Tulliano Legaâ— to Pope Gregory IX was received into England with Processions anâ— ringing of Bells He disposed of vacant Benefices to all that camâ— with him whether worthy or unworthy the King almost did nothing without him and adored his foot-steps He was present iâ— the Parliament at York to mediate a peace between the Kings oâ— England and Scotland The Charter of Peace was sworn to anâ— ratified in his Presence He desireth leave of the King of Scots tâ— enter as a Legat into Scotland to regulate Ecclesiastical Affairâ— 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 â—ntered at his own peril he must expect violence from his rude Subjects â—rom which he was unable to protect him yet he knighted and beâ—â—owed some Lands on his Nephew A great Fray was occasioned at Oxford by his Porters Insolence â—nd he was assaulted by the Scholars at Osney-Abbey stiled an Uâ—urer a Simoniack a Ravisher of Mens Rents a Thirster after Money a Perverter of the King and Subverter of the Kingdom 〈◊〉 forced to fly secretly from thence Both the King and he proâ—eeded severely against the Scholars for it by Ecclesiastical Cenâ—ures Excommunications Penances Imprisonments almost to â—he ruin of the University He was denied Entrance into Scotland by the King thereof the â—econd time He gave a Writing under his Hand and Seal to the King of Scots that his Admission into Scotland should not be drawn â—nto Consequence who took it away with him upon his privat reâ—cess He there collected the fifteenth part of the Goods of all Preâ—ats and Beneficed Clerks and sent it to the Pope The English Noâ—les 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 maâ— other Cathedrals leaving them destitute of Consolation He accompanied by the King and Nobles in great state to the Sea-sidâ— at his departure out of England He left not so much Money 〈◊〉 England behind him when he left it Mat. Paris fol. 735. as he drained out of it Church plate and Ornaments excepted He stayed three years in England great were the rewards demanded