this clause or words non obstante was first invented and used in the Court of Rome whereupon Marsil Petav. pronounces a dreadful Vae against that Court for introducing this clause of non obstante as being a bad president and mischievous to all the People of Christendom for when the Temporal Princes perceived the Pope to dispence with his own Canons they made no scruple to imitate him and dispence with their Penal Laws and Statutes Vid. le Case de Penal stat in Coke 7. Rep. and hereupon one Canonist said thus Dispensatio est vulnus quod vulnerat jus commune and another thus That all abuses would be reform'd if these two words viz. non obstante did not hinder And Matt. Paris reciting several Decrees made in the Council of Lions beneficial to the Church Mat. Paris in An. 1245. says thus Sed omnia haec alia per hoc repagulum non obstante infirmantur But now to return We have seen how by several steps and gradations it was after the Norman Conquest that the Court of Rome usurp'd upon the Crown of England in four main points of Jurisdiction under four of our Kings not immediately succeeding for of King Will. Rufus the Pope could gain nothing viz. 1. Upon the Conquerour by sending Legats or Commissioners to hear and determine Ecclesiastical causes and other purposes 2. Upon King Hen. 1. the Donation and Investiture of Bishopricks and other Benefices 3. Upon King Stephen in drawing of Appeals to the Court of Rome 4. Upon King Hen. 2. in the exemption of Clerks from the secular Power all rivetted and clinch'd by the new Decrees and Canons which were continually multiplyed and obtruded here and all this notwithstanding the generous resistances which at several times were made to all Neither would all this satisfie till an entire surrender of the Crown it self was obtain'd from King John re-granted him again to hold in Fee-Farm and Vassallage of the Court of Rome For it was both before in and after this King's time that by the boldness and activity of strangers and treachery or pusillanimity of subjects co-operating with the weaknesses and necessities of Princes the Papacy arrived to that height as to domineer in a most intolerable way both over the Purse the Conscience the Regality and all the most weighty concernments of the Nation Now to redress all this some unequal resistances were at divers times made Vid. Mat. Paris in H. 3. in toto King Hen. 3. was totally born down and his Kingdom and subjects reduced to utter poverty and slavery by this usurpation After him comes the noble King Edw. 1. who truly may be stiled Vindex Libertatis Anglicanae at his Father's death he was abroad in the Holy Land but no sooner return'd and Crown'd and finding his Kingdom in such a bad plight his first work was to put some stop to the career of Papal incroachments For the Pope having then summoned a General Council he would not suffer his Bishops to repair to it till he took a solemn Oath of them for their Loyalty and good abearing Then the Pope forbidding the King to War against Scotland he slights his prohibition and proceeds The Pope demands the First Fruits of Ecclesiastical Livings but the King forbids the payment thereof to him The Pope sends forth a general Bull prohibiting the Clergy to pay Subsidies to Temporal Princes whereupon a Tenth being granted to the King in Parliament the Clergy refused to pay it but the King seiseth their Temporalties for the Contempt and obtained payment notwithstanding the Pope's Buâ— After this he made the Statute of Mortâ—â—ain that the Church might not grow monstrous in temporal possessions In his time one of his subjects brougth in a Bull of Excommunication against another and the King Commanded he should be executed as a Traitor according to the ancient law but the Chancellor and Treasurer on their knees begged that he should be only banished He caused Laws to be made against bringing in of Bulls of Provision and Breves of Citation and made the first Statute against Provisors His Successor King Edw. 2. being but a weak Prince suffered the Pope to grow upon him but then the Peers and People withstood him all they could and when that unhappy King was to be depos'd amongst the Articles fram'd against him one of the most hainous was That he had given allowance to the Pope's Bulls After him King Ed. 3. a magnanimous Prince couragiously resisted the Pope's incroachments and caused the Statutes against Provisors to be severely put in execution and the Bishops of Winchester and Ely and Abbot of Waltham convicted and punished for their high contempts Yet during the nonage of King Rich. 2. the Pope's Bulls Stat. 16 R. 2. ca. 5. Breves and Legats became very busie and daring again whereof the People became so sensible and impatient that upon their special prayer the Stat. 16. R. 2. of Praemunire was enacted more severe and penal than all the former Statutes against Provisors and yet against this King as against King Ed. 2. it was objected at the time of his depose that he had allowed the Pope's Bulls to the enthralling of the Crown After this comes a weak King Hen. 6. and then another attempt was made if possible to revive the usurped Jurisdiction for the commons denying the King money when he was in great wants the Archbishop of Canterbury and the rest of the Bishops offered the King a large supply if that he would consent that all the Laws against Provisors and especially that of 16 Ric. 2. might be repealed but the Duke of Glocester who before had burnt the Pope's Letters caused this motion to be rejected so that all those Laws by especial providence have stood in force untill this day All which with the Resolutions and Judicial Judgements before specified founded upon the ancient and good Laws of the Land have enabled our Kings at all times since to vindicate the just Rights of their Crown But King Hen. 8. designing a further Reformation which could not be effected whilest the Pope's authority had any life in England took this course First he writes to the Universities the Great Monasteries and Churches in his Kingdom and in particular May 18. 1534. to the University of Oxford requiring them as men of vertue In Archivis Oxon. ad An. 1534. Antiq. Eccl. Brit. fo 384. 37. Integrity and profound Learning diligently to examine discuss and resolve a certain Question of no small import viz. An Romanus Episcopus habeat majorem aliquam jurisdictionem sibi collatam in Sacra Scriptura in hoc regno Angliae quam alius quivis externus Episcopus and to return their Opinion in Writing under their common seal according to the meer and sincere truth thereof To which after mature deliberation and examination not only of the places of the Holy Scriptures but of the best Interpreters of the same for many days they returned Answer Jun. 27. 1534.
Sero recusat ferre quod subiit jugum But notwithstanding the infinite subtle arts and mighty efforts for that purpose the Papacy found it at any time a most difficult thing to carry any thing here by a high hand and to bring the Ecclesiastical State of this Nation to depend on Rome For our Princes never did doubt but they had the same Authority within their own Dominions as Constantine had in the Empire and our Bishops the same as St. Peter's Successors in the Church Ego Constantini Ailred Rival Coll. 361.16 Vos Petri gladium habetis in manibus said King Edgar in an eminent Speech unto his Clergy And what Power in the Church our Kings took themselves anciently to have appears by their Laws and Edicts published by themselves Leg. Edv. confess cap. 17. fo 142. Leg. Canut Inae apud Jornal Mart. Paris w. 2. and acknowledged by their subjects All speaking thus That the ordering and disposition of all Ecclesiastical Affairs within their own Dominions was their sole and undoubted Right the Foundation thereof being that Power which the Divine wisdom hath invested the Secular Magistrate withal for the defence and preservation of his Church and People against all attempts whatsoever And all our Laws and Lawyers concurring in this Rex sub nullo nisi tantum sub Deo Bracton Leg. Sanct. Edw. cap. 19.17 That the King of England is subject to no Power on Earth but to God only and in King Edwards Laws he is called Vicarius summi Regis as also in Bracton that being the Cognomen as it were given by Pope Eleutherius long ago to King Lucius here as not being under the power of any other And this in effect acknowledged by the whole Body of the English Clergy Reg. Hoveden in Hen. 2. pa. post fo 510. in a Letter of the Bishops of the Province of Canterbury to Tho. Becket An. D. 1167. as it stands recorded at large by Roger Hoveden To this it will be but seasonable and pertinent to add the Historical Instances and evidences some of them as occurr demonstrating as the continual claim and when they could the exercise of this Right by the Kings of this Island so the worthy resistances as from time to time have been made against all forraign usurpations and incroachments upon the same sufficient to shew that our Princes did not command the Ecclesiasticks here who made up so great a part of their subjects according to the will and pleasure of any forrain Potentate nor that they were only lookers on whilest others governed the English Church Therefore we may observe All Councils and Convocations Eadmer fo 25.5.11 Florent Wigorn An. 1070. fo 434. Stat. 25 H. 8.19 assembled at the King's appointment and by the King 's Writt Jubente praesente Rege as one says and that upon the same Authority as the Emperour Constantine had long before assembled the Council of Nice Some appointed by the King to sit in those Councils and supervise their actions Matt. Paris ad An. 1237. fo 447. ne ibi contra regiam coronam dignitatem aliquid statuere attentarent And Mat. Paris gives us the names of the Commissioners for that purpose in one of the Councils held in the time of King Hen. 3. And when any did otherwise he was forced to retract such Constitutions as did Peckham or they were but in paucis servatae Lyâ—dw de soro competent cap. 1. as were those of Boniface as Lyndwood ingenuously doth acknowledge No Synodical Decree suffered to be of force but by the King's allowance Eadmer fo 6.29 and confirmation In hoc concilio ad emendationem Ecclesiae Anglicanae assensu Domini Regis Gervas Dorobern An. 1175. fo 1429. Mat. Paris Hen. Huntingd Eadm passim Pat. 8 9 Johan R. m. 5.8 primorum omnium regni haec subscripta promulgata sunt capitula as Gervasius Dorobern informs us No Legate suffered to enter into England but by the King's leave and swearing to do nothing prejudicial to the King and his Crown All matters of Episcopacy determined by the King himself Eadmer 115.23 inconsulto Romano Pontifice No Appeals to Rome permitted None to receive Letters from the Pope Thorn Coll. 2152. Coke 3. Instit cap. 54.10.127 Hoveden Hen. 2. fo 496. without shewing them to the King who caused all words prejudicial to him or his Crown to be renounced and dis-avowed by the bringers or receivers of such Letters Permitted no Bishops to Excommunicate Eadmer fo 6.31 or inflict any Ecclesiastical censure on any Peer nisi ejus praecepto Caused the Bishops to appear in their Courts Addit Mat. Paris fo 200 to give account why they excommunicated a subject Bestowed Bishopricks on such as they approved Forent Wigorn An. 1070. fo 536. and translated Bishops from one See to another Erected new Bishopricks Godwin de Praef. Angl. So did King Hen. 1. An. 1109. Ely taking it out of Lincoln Carlile 1133. out of York or rather Durham Commanded by Writ Coke 2. Instit 625. Addit Mat. Paris fo 200. nu 6. the Bishops to Residency Placed by a Lay hand Clerks in Prebendary or Parochial Churches Ordinariis penitus irrequisitis as it is phrased in Matt. Paris By these and many other instances of the like nature exercised by our Kings it appears that the English ever took the outward Policy of this Church or Government of it in foro exteriori to depend on the King And therefore the writs of Summoning all Parliaments express the calling of them to be Pro quibusdam arduis urgentibus negotiis nos statum defensionem Regni nostri Angliae Ecclesiae Anglicanae concernentibus c. In the Reign of King Edward the first Broâ—k Tit. Praemunire pl. 10. A subject brought in a Bull of Excommunication against another subject of this Realm and published it to the Lord Treasurer of England and this was by the ancient Common Law of England adjudged Treason against the King his Crown and Dignity for which the Offendor should have bin drawn and hang'd but at the great instance of the Chancellor and Treasurer he only abjur'd the Realm King Edw. Trin. 19 Ed. 3. Fitzh Quare non admisit pl. 7. presented his Clark to a Benefice within the Province of York who was refused by the Arch-bishop for that the Pope by way of Provision had conferred it on another The King thereupon brought a Quare non admisit the Archbishop to it Pleaded that the Bishop of Rome had long time before Provided to the said Church as one having Supream Authority in that case and that he durst not nor had power to put him out who was possessed by the Pope's Bull. But for this high contempt against the King his Crown and Dignity in refusing to execute his Soveraign's commands against the Pope's Provision by Judgement of the Common Law the Lands of his whole Bishoprick were seized
which John Wickliffe was one and of great esteem and so represented to that King Rich. 2. That in case of necessity such payments as were but in nature of Alms might lawfully be withholden according to that Rule of the Divines Extra casus necessitatis superfluitatis Eleemosyna non est in praecepto But the payment of them de facto being indulged by that King as is before said I do not find but they so continued till the raign of K. Hen. 8. in whose time the above named Pol. Pol. Vergil Hâ—st fo 90. Vergil an Italian Archdeacon of Wells was Collector of the Peter-pence in England as he in his History testifies But one thing is to be noted that though the payment of them continued so long time and the Popes had constantly their Collectors here yet the Pope could not alter the accustomed proportion nor the manner of gathering of them for when in the time of K. Acts Mon. Ed. 2. f. 335. Edw. 2. Rigandus the Popes Officer went about to make some alteration in that he was severely prohibited by the King And at last Stat. 25 Hen. 8. cap. 21. Sleid. com lib. 9. amongst other things these Peter-pence were totally taken away by K. Hâ—n 8. of which Sleiden takes special notice Antiquit. Brit. fo 302. And although Queen Mary set her self to put all things in such plight in reference to the concerns of Rome as they were in the beginning of her Fathers time yet the Peter-pence were never restor'd in all her raign For Pope Paul the 4. Hist Concil â—rident fo 392. receiving the English Ambassadours which came from Q. Mary urged much to them the duty and necessity that lay upon the Queen to make restitution of all Church-lands Revenues and Goods that her Father K. H. 8. had taken away and in particular told them That the Peter-pence ought to be paid and that according to the ancient custome he would send a Collector for that purpose He also told them that he himself had performed that charge three years in England where he was much edified by seeing the forwardness of the People to deposite and especially those of the meaner sort further pressing that they could not hope St. Peter would open the Gates of Heaven to them so long as they usurp'd his Goods on Earth The relation of all this much quickned the Queens zeal for restitution but her short raign and some other impediments prevented her intentions and so the Peter-pence vanisht Only whereas some Monasteries anciently collected some proportions of them and then answered so much to the Pope's Collector in continuance of time it became fixed as a Rent or duty to the said Monasteries which afterwards devolving to the Crown and from thence by sale or grant to others Sr. Rog. Twisden Hist vindication cap. 4. with as ample profits as the Religious Houses had enjoyed the same it is conceived that at this day they are in some places paid as appendant to the Mannors which belonged to some such Houses and in some places by the name of Smoak-money And further we may note that these Peter-pence were sometimes called Praestation money collected by some Arch-deacons who handed the same sometimes to the Bishop of the Diocess and sometimes immediately to the Pope's Collector General as appears by a certain Instrument discovered by that excellent Antiquary Mr. Antiq. of Warw. fo 126. Dugdale setting forth some part of the Office of an Arch-deacon For the yearly value or summ of these Peter-pence what they did amount unto through the whole Kingdom the very manner of the duty and collection speaks them uncertain yet it seems there was a rate set upon every Diocess Spelm. Concil Tom. 1. fo 313. Sr. Rog. Twisden fo 77. Selden Analect lib. 2. cap. 3. Acts Mon. in Ed. 2. as appears by one of the Pope's Bulls for that purpose said to be Gregory 5. the Bull it self is pointed to by Sr. Hen. Spelman but the rates we have specified by the other learned Knight from an old Manuscript belonging to the Church of Chichester as also by others Episc  l. s d. Cant. 07 18 00 London 10 10 00 Roffens 05 10 00 Norwic. 21 00 00 Eliens 05 00 00 Lincoln 42 00 00 Cicestr 08 00 00 Hereford 06 00 00 Sarum 17 00 00 Winton 17 06 08 Exon. 09 00 00 Wigor 10 05 00 Bath 12 00 00 Covent 10 00 00 Eborac 11 10 00 There it seems were the certain rates to be answered to the Pope's Exchequer the overplus to remain to the Collectors or it may be Farmers like those of our Excise or Hearth-mony sic parvis componere c. Whilest the People were racked to pay the utmost penny for upon reasonable compute the Peter-pence could amount to no less than 7500 l. per annum Know we must also An. Dom. 852. Will. Malm sâ—b de gest Reg. Angl. lib. 2. cap. 2. that King Athelwolph gave a yearly pension to Rome of 300 marks thus to be imploy'd To buy Candles for St. Peter 100 m. To buy Candles for St. Paul 100 m. For a free gift to the Pope 100. m. This by some Writers hath been confounded with the Peter-pence Matth. Westm in An. 855. Florent Wigorn in An. 857. agreeing so near with the rates above but certainly they were several charges and this though small yet being paid many years the sum total could not choose but be very great and once John of Gaunt opposed the payment An. 46. Ed. 3. being demanded by Pope Gregory the thirteenth CHAP. II. First Fruits and Tenths FIrst Fruits Primitiae are the Profits of every Spiritual Living for one year and these antiently and often were called Annates because the rates of First Fruits of Spiritual Livings is after one years profit of the same Tenths Decimae are the Tenth part of the First Fruits or yearly value of all Spiritual Livings And these were antiently paid to the Popes as in England so throughout all Western Christendome For the Pope as Pastor Pastorum claimed Decimas Decimarum Now though these were of a later date than the Peter-pence yet by whom they were first imposed or in whose time first taken De Schism inter Urban 6 c. lib. 2. cap. 9. there is much difference amongst the Historians Theod. à Niem Secretary to Pope Gregory the eleventh sayes that Boniface the ninth about the year 1399. reserved first the First Fruits of vacant Churches and Abbies with whom agrees Platina Platina in vita Bonifac. 9. in the life of that Boniface saying Primus Annatarum imposuit usum though he confesseth also that some refer their Original unto Pope John the two and twentieth of which opinion is Polydor Vergil Poâ—yd Vergil de Inv. nâ— rerum lib. 8. cap 2. though he intimates also as if some thought them of a higher time But indeed our own Countrey-men assign their beginning here to that Pope John
Scot who runs presently to Rome for confirmation and the King presently sends after him the Bishop of Lichfield and the Prior of Lanthony to sollicite against Scot but after a long tugging and expence of all their money on both sides it was determined that a third man viz. Richard Poor should have the Bishoprick After the death of Stephen Langton Matt. Paris in An. 1228. fo 350. 355. Anâ—quit Brit. in viti Richard Maâ— Archbishop of Canterbury the Monks made choice of Walter de Hempsham to succede him at which the King then being displeased Walter hasts away to Rome as the use then was for his confirmation and the King presently sends after him as his Proctors the Bishops of Coventry and Rochester who appearing before the Pope complained grievously of the misdemeanor of the Monks in making choice of that man as being of no experience suitable to that Dignity but of mean learning one of a debauched and scandalous life having gotten several Bastards upon a Nun and for his extraction his Father had bin condemn'd and hang'd for Theft as himself had also deserv'd having bin a Ringleader amongst Rebels and Traitors But all this would not satisfie the Pope to set him aside Polychron 1.7 cap. 34. until the King ingaged the Pope should have a Disme or the Tenth part of all the moveable goods both of Clergy and Laity throughout England and Ireland which granted the election of Walter Hempsham was declared null and Richard Wethershed promoted to the place The next Successor to Richard Wethershed was Edmund between whom Antic Brit. Godw. in vita Edmundi and the Monks of Rochester a great contest happen'd about the election of one Richard Wendover to be their Bishop whereupon the Bishop goes to Rome and the Covent send their Proctors and these carrying the most money got the cause and Edmund condemn'd by the Pope in 1000. Marks The Bishoprick of Chichester being once void Matt. Paris iâ— Hen. 3. the Canons there elected one Robert Passelew to gratifie the King who had a great kindness for the man but others stemaching him means was made at Rome to have his election quashed and one Richard de la Wich to have the place and thereupon all parties run to Rome with money Bribes complaints and recriminations all which being heard and the money taken the King's man was fob'd off and Wich setled in the See The story is at large in Matthew Paris and a multitude more of like nature might here be exhibited but these shall suffice with this averrement that seldom any election went so cleverly off but something extraordinary came to the Pope besides what was certain by the first Fruits From which we proceed to payments of other natures CHAP. III. Legatine Levies THE Statute of 25 Henry 8. Stat. 25 Hen. 8. cap. 21. Providing that no more summs of money shall be pay'd to the Bishop of Rome begins with recital how the subjects of this realm had for many years been greatly decayed and impoverished by intolerable exactions of great summs of money taken and claimed by the Bishop of Rome called the Pope and the See of Rome as well in Pensions Censes Peter-pence Procurations Fruits suits for Provisions and Expeditions of Bulls for Archbishopricks and Bishopricks and for Delegacies and Rescripts in Causes of Contentions and Appeals Jurisdictions Legantine Dispensations Licences Faculties Grants Relaxations Writs of perinde valere Rehabilitations Abolitions and other infinite sorts c. as the words of the Statute are I cannot now pretend to enumerate or specifie them all when the Statute declares them to be infinite and therefore we shall content our selves to point but at some of them beginning with the Legatine Levies as I may call them Vid. Matthew Westm Flor. Hist in An. 1245 1246. c. Mart. Paris Polychron c. And these were summs of money exacted and levyed upon the King's Subjects throughout the whole Kingdom by Legats and Officers for that purpose deputed by the Pope And these were called for as often as the Popes pretended a need of them for the Court of Rome did inculcate and would have the world to believe Matth. Paris An. 1226. fo 328. That being a Mother she ought to be relieved by her Children Now the first Extraordinary Contribution raised for the Pope in this Kingdom of this kind appears to have bin about the year 1183. when Pope Lucius the third having some quarrel with the Citizens of Rome Rog. Hovedeâ— P. Postenor fo 622. sent to King Henry the second postulans ab co à clericatu Angliae auxilium requiring Aid from him and his Clergy whereupon Consuluit Rex Episcopos suos Clerum Angliae de petitione Summi Pontificis Cui Episcopi Cleri consuluerunt ut ipse secundum voluntatem suam honorem faceret auxilium D. Papae tam pro seipso quam pro illis quia tolerabilius esset plus placeret eis quod D. Rex si vellet accepisset ab eis auxilii recompensationem quam si permisisset Nuncios D. Papae in Angliam venire ad capiendum de eis auxilium quia si aliter fieret posset verti in consuetudinem ad regni sui detrimentum Adquievit Rex consilio suorum fecit auxilium magnum D. Papae in auro argento The King consulted the Bishops and Clergy about the Popes request to whom the Bishops and Clergy returned That the King might if he so pleased and for his honor send aid to the Pope as well for himself as for them because it would be more tolerable and more acceptable to them for his Majesty if he pleased to take a Compensation from them for his Aid than that he should permit the Pope's Officers to come into England to receive it of them which might turn to a custom detrimental to the Kingdom To this counsel the King adher'd and sent a great Aid to the Pope in Gold and Silver as Rog. Hoveden hath at large related the Carriage of that business In which several passages are very remarkable as that the King did in matters that concern'd the Pope consult with the English Church and follow'd their advice and then the care and circumspection of the Clergy to avoid mischievous consequences for the future and that not without very good cause for the Popes were so prone to be busie and tampering in this matter of money that afterward in the time King Edward the first Papa miâ—it bullas inhibitatorias quod nulla persona Ecclesiastica daret seculari personae contributionem ullam absque licentia specialita Romana curia concessa in hac parte Henry de Knighton Coll. 2489. he prohibited the Clergy from giving any thing to the King without his leave first obtained and that under pain of the great excommunication a great presumption this but without any considerable effect to the purpose intended But notwithwanding the before mention'd caution the Popes gained
would not be behind in their liberal Donations Bequests and Presents especially when they were perswaded it was for their soul's health and to which full hands would contribute as much as bare feet For A Papa undique nunciatum est Antiq. Bri fo 302. si Romam Jubilatum veniant accepturos singulos peccatorum veniam at his qui aut valetudine aut negotiis impediti ire non poterant fecit potestatem vota pecuniâ— redimendi as the provision was in that case Here I conceive it will not be impertinent to make a little inquiry into the Original Use and Ends of these Jubile's And for that we must know Platina in vita Bonifac. 8. Polydor. Vergil de Invent. â—er lib. 8. cap. 1. Lassels voiage of Italy part 2. fo 38. that Pope Boniface the Eight in some imitation of the Jewish Jubile in the year 1300. instituted the first Jubile promising remission of all their sins to all such as should at Jubile time visit the Limina Apostolonum at Rome Lassels a modern Traveller in his voyage of Italy affirms these Limina Apostolorum to be some steps about the High Altar in St. Peter's Church at Rome And this Pope Boniface ordained should be observed every hundred year at which solemnity there was such a confluence of people that they scarcely could all crowd into the City After that Clement the Sixth appointed the Jubile to be celebrated every Fiftieth year An. D. 1350. Platin. in vita ejus Vid. Chron. Will. Thorn fo 2195. Tho. Walfingh in Ed. 3. fo 160. that all men might be in compass to receive the benefit of it the hundred year Jubile like the Ludi Seculares in old Rome being thought too much out of distance for many that might thirst for the comforts of a Jubile But then Pope Sixtus the 4. out of compassion to all those longing souls appointed the Jubile to be kept every Five and Twentieth year An. D. 1475. and began it in the year 1475. But lastly Pope Alexander the 6. in a strain of Charity beyond all the rest and to accommodate all that should desire the benefits of a Jubile Polyd. Vergil uâ—supra to save the charges and hazard of journeying to Rome as also to improve the profit thought good to make over those graces by way of exchange to such as would pay a competent rate seeing many could not or would not come so far to fetch them And in his time the Jubile falling in the year 1500 being the 16th year of our King H. 7. he sent one Jasper Pons Lo. Bacon Hâ—st Hen. 7. fo 199. a Spaniard his Commissioner over into England One represented to have been better chosen than such as went into Germany on that account who carryed the business with some prudence and semblance of holiness insomuch as he levyed great summs of money to the Pope's use and with little scandal at that time with whom it was thouht then the King shared the moneys although some argument was made to the contrary afterwards by a Letter which Cardinal Adrian the King's Pensioner wrote to the King from Rome some years after for this Cardinal being to perswade the Pope on the King's behalf to expedite the Bull of Dispensation for the Marriage between Pr. Henry and the Lady Katharine to which the Pope seemed somewhat difficil he used it as an argument of the King's merit to that See that he had touched none of those Deniers that Pons had levyed in England And now because the proceeding and managery of this noted Jubile as to the rates and summs that were paid upon the distribution of the Heavenly Grace as they call'd it in that manner may give a little light to what was done elsewhere in like case we will here exemplifie the rates thereof as they were Copyed out of an old Roll heretofore in the custody of the late learned Sr. Wever Fun. Mon. fo 165. Simonds d' Ewes The Roll contains the Articles of the Bull of the holi Jubile of full remissyon and gret joy graunted to the Relme of Englond Wales Irelond and Garnsey according to the trew meaning of our holy Fader wherein was declared That the Kyng with all his progeny all Archebuschopps Buschopps Abbots Duks Erles Barons Knygtes Sqyres Gentilmen Yeomen Cetezins and all oder Chrysten peple which truly confessyd and contryte shold vysit soche Chorches as should be assigned by Gaspar Pons the Holi Fader's Imbassator and ther put into the Cheste soch sum of mony as is here following taxed shall have the same Indulgence Pardon and Grace with remissyon of all syn as if they had gone personally to Rome in the year of Grace c. And then after some preliminary Articles about ordering of the business comes this The tax that every man shall put into the Cheste that woll receyve the gret grace of Jubeley FVrst every man and woman what degree or condition or state soere they be If he be Archebuschop Duk or oder dignite sprituall or Temporall havyng londs to the yerely valour of M M. l. or above if thei will receyve this gret Indulgens and Grace of this Jubiley for themselfs and ther wyfes and chyldren not maryed shall wythout disseyt put into the cheste ordeined for that entent of trew and lawful moni iij l. vij s. viij d. Also every man and woman that hath londs and rents to the yerly value of M l. must pay for themselfs and wyfs xl s. Item all thos that hath londs c. to the yerly valour of CCCC l. must pay xxvj s. viij d. Item All thos that hath londs c. to the yerely valour of CC l. must pay xiij s. iv d. Item All thos that hath londs c. to the yerely valour of C l. must pay vi s. viij d. Item All thos that hath londs c. to the yerely valour of XL l. must pay ij s. vi d. Item All thos that hath londs c. to the yerely valour of XX l. must pay xvi d. Item All men of Religion havyng londs c. to the yerely valour of MM l. must pay for themselfs and their Covent x l. Item Thos that hath londs c. to the yerely valour of M l. must pay for them and their Covent v l. iv s. Item Thos that hath londs c. to the yerely valour of CCCCC l. must pay for them and their Covent iij l. vi s. viij d. Item All thos that hath londs c. to the yerely valour of CC l. must pay for them and their Covent xx s. Item Thos that hath londs c. to the yerely valour of XL l. must pay for them and their Covent x s. Item Secular men and wemen that hath londs c. to the yerely valour of XL l. whos movable goods extendyth to M l. must pay for themselfs and their wyfs xl s. Item Thos whos goods movable extendyth to CCCC l. must pay for themselfs and wyfs vi s. viij
Secundus Salutem Apostolicam benedictionem Charissimum in Christo filium nostrum Henricum Angliae Regem illustrem quem peculiari caritate complectimur aliquo insigni Apostolico munere in hoc regni sui primordio decorandum putantes mittimus nunc ad eum Rosam auream Sancto crismate delibutam odorifico musco aspersam nostrisque manibus de more Rom. Pontificum benedictam quam ei e tuâ fraternitate inter missarum Solemnia per te celebranda cum ceremoniis in notula alligata contentis dari volumus cum nostra Apostolica benedictione Datum Romae apud Sanctum Petrum sub annulo Piscatoris Die quinto Aprilis Anno Millesimo quingentesimo decimo Pontificatus nostri Septimo In the Irish rebellion in the raign of Queen Elizabeth Camâ— Eâ—â—zab the Pope as a token of favour sent to Desmond a principal Leader amongst the Rebels a gracious Agnus Dei and a hallowed Ring â—rom his own finger which Desmond wore about his neck as a charm or preservative against all dangers But his traitorous Consederates being beaten and dispers'd this pittiful deluded favourite wander'd a long time in the woods and bogs till at last almost starved he was found in a poor Cattage and notwithstanding his Defensative had his head cut off by a common Souldier Afterwards Speed Chronâ— in Elizâ—b in another rebellion in Ireland the Pope sent to Tir-Oen the grand Ringleader for his incouragement certain Indulgences and a precious Plume of Phoenix feathers for a Trophey of his victories but they proved but Icarus wings whereby he soared the higher to get the more miserable fall Sometimes again the Pope Bishop Carlton's Remem cap. 4. fo 39. Greg. 13. out of good Husbandry rewards or incourageth his Creatures with Titles of Honour as Thomas Stukeley an Arch Traitor to Queen Elizabeth was by the Pope Created Marquesse of Lagen Earl of Wexford and Caterloghe Vicount of Morough and Baron of Rosse all famous places in Ireland And it was the Pope's design if Stukeley's Rebellion had succeeded Boon Companion to have made his Son James Boncompagno King of Ireland CHAP. XI Collections COllections and Contributions set on foot and vigorously promoted for divers purposes was another means of draining great summs frequently out of the Kingdom And amongst these Contributions for relief of the Holy Land as well for the quantity of the summs as for the misimployment were very considerable but of that we will note more anon in a Chapter apart for that purpose And here we will take notice of some other occasions for which such Collections were made King John to gratifie the Pope granted license and safe Conduct to the Fryers of the Hospital of St. Maries in Rome to Preach and make Collections throughout England for the maintenance of their House built by the Pope as appears by his Letters Patents Pat. 15 Johan m. 7. nu 20. Rex omnibus suis fidelibus tam Clericis quam Laicis c. Salutem Sciatis quod concessimus fratribus Hospitalis S. Mariae in Saxia apud Romam licentiam praedicandi in regno nostro Angliae fideliâ—m eleemosynas caritative petendi accipiendi ad sustentationem pauperum praedicti Hospitalis secundum formam privilegii Apostolici quod inde habent c. Teste moipso apud Rading 10. Die Decembris Anregni nostri 15. In the seventh year of King Edward the first some counterfeit Fryers Bre. Reg. 7 Edw. 1. in Turri Lond. Pro fratribuâ— S. Antonii of the Order of St. Anthony of Vienna wandring abroad and Collecting Alms throughout England the King upon Complaint thereof issued out his writ for their apprehension The Abbots of the Cistercian and Praemonstratensian Orders beyond the Seas Bundel Inq. An. 26 Ed. 1. imposing subsidies Aides and Contributions on the Monasteries of their Orders in England then under them whereby much money wools and other Commodities were transported out of England to the great grievance and mischief of the Kingdom King Edward the first issued out writs to all the Sheriffs of England to inquire of those abuses and to stop the current of them As by the said writs still preserved upon Record it doth appear And afterwards to stop the like exportation of moneys and Goods for they would not be brought totally to give over the same King Pat. 27 Ed. 1. Pro Abbate de Gerendon by his special writ prohibited all of the Cistercian Order except one viz. the Abbot of Gerendon Com. Leic. who was of that Order to presume to go beyond the Seas on that account So the Abbot of Cluny sending his Proctors into England to demand and Collect great summs of money from the Monasteries and Priories of their Order here and on all Ecclesiastical persons on whom they had conferred Benefices without the King's license the King sent out his Writs as well to the said Proctors to inhibite their proceedings as also to the Warden of the Cinque Ports not to permit any Monk of that Order or any other Servant or Messenger to pass the Seas or carry over any moneys without his special license the writ to the Warden of the 5. Ports was thus Rex dilecto fideli suo Roberto de Burghersh Custodi Quinque Portuum suorum Claus 28 Ed. 1. m. 14. Salutem Datum est nobis intelligi quod Abbas Cluniacensis quosdam ex suis Monachis in Angliam specialiter destinavit ad petendum levandum c. reciting the occasion at large Ideo vobis mandamus firmiter injungentes quod nullum Monachum Ordinis praedicti vailettum seu alium nuncium quemcunque pecuniam deferentem ad partes transmarinas transire permittatis sine nostra licentia speciali Teste Rege apud Blidam c. The like mandate went out afterwards to the Constable of Dover Claus 29 Ed. 1. m. 8. dorso and Warden of the Cinque Ports not to permit any Canon Valet or other Messenger of the Order of the Praemonstratenses to carry any moneys or to pass out of England without the King 's special license as was done before for Cluny But yet so prevalent were these begging Fryers by their importunities and favourers that the Monastery of Cluny having sustained great losses and being deeply in debt as was suggested the King notwithstanding his former Prohibitions was perswaded to grant to the Abbot thereof and his Agents to come and collect an Aid and relief from all the Cells and Monasteries here subject to that Order and from all their Tenants within his Dominions with full protection and incouragement so to do Cl. 34 Ed. 1. Pro Abbate Cluniacensi as by his Patent for that purpose remaining upon Record and too long to be here inserted it doth appear And upon such and the like occasions it was that sometimes privately and at other times openly and with the King's license Collections and Contributions were fet on foot and carryed on throughout
him that King John wrote to the Pope the next year Matr. Paris in An. 1206. fo 214. Quod uberiores sibi fructus proveniant de regno Angliae quam de omnibus regionibus citra Alpes c. That the Pope had greater profits out of England than all other Countreys on this side the Alpes c. Nay and these Levys were continued sometimes for six years together as Thorn notes Thorn ut supr wherein the Kings themselves were wont to promote the business by being indulged by the Popes to go snips in the gains After the death of Pope Clement the 4th the See of Rome continued void two years and ten months Matt. Westm fo 352. Contin Matt. Paris fo 976. Tho. Walsingh by reason of the great discord and potent factions amongst the Cardinals And at last Theobald the Arch-deacon of Liege who had been comrade and fellow-souldier with our King Edw. 1. in the Holy Land was elected and took the name of Gregory the 10th whereupon was made these verses Papatum munus tenet Archidiaconus unus An. D. 1272. Quem Patrem Patrum fecit discordia fratrum The Papal Office one Archdeacon takes Whom Father of Fathers Brethren's discord makes King Edward the First coming out of the H. Land into England after the death of his Father King Henry the Third touch'd at Rome where he was nobly entertained and caressed by his old friend this then Pope Gregory the 10th and between them it was contrived to raise some great summs in England under pretence of aid and succour for the Holy Land and in pursuance thereof a special Nuntio was sent from the Pope Reimundus to compell all Ecclesiastical persons to pay Two years Dismes but so it happened that as the moneys came in the King and the Pope's Collectors scrambled for it but the Pope as was believed got the greatest share and the King wanting for his occasions of state was forced to borrow several summs of the Collectors on sufficient security given for repayment Pat. 20 Ed. 1. m. 10. as by the Bonds Securities Counter-bonds and Acquittances upon that occasion still extant amongst the Tower Records may be seen and by this token that at one time the King received of the Pope's Collectors 100000 marks but not one penny as I can learn employed for the use pretended And from this practice of the King and Popesgoing sharers in these and other summs gotten from the People when discovered grew that infamous Proverb Matt. Paris in An. 1255. fo 917. That the King and the Pope were the Lion and the Wolf as on the like distasted occasion these Satyrical Rhimes had also been made Ecclesiae navis titubat regni quia clavis Errat Flor. Hist An. 1306. Rex Papa facti sunt unica capa Hoc faciunt Do Des Pilatus hic alter Herodes The Church's ship in safety cannot home pass When the chief Pilot once mistakes his Compass When King and Pope are given both to plundring One Pilate proves the other Herod thundring Which trick of sharing with the Popes Arnold Ferron de reb Gall. was learned by the French Kings of ours but some of them grew so cunning at last as to put all that was raised that way into their own Pockets and so out-shot the Pope in his own Bow CHAP. XIV Croisado's CRoisado's and vowed expeditions to the Holy Land and against Turks and Infidels dispenced withall or commuted was another trick of the like nature and oftentimes brought great summs into the Pope's Exchequer For it being observed that the Turks ever warred against the Christians with great alacrity S. Hen. Blunts voiage into the Levanâ— upon a belief that if they were killed ipso facto they went into Mahomet's Paradise The Pope to beat the Turk at his own Weapon would oftentimes publish a Croisado that is invite persons to undertake expeditions against the Infidels upon promise of pardon of all their sins Gapitula apud Gaitintun Chron Gervas fo 1522. Temp. Hen. 2. Speln Concil Tom. 2. fo 117. Rad. de Diceto Coll. 707. Quicunque Clericus vel Laicus crucem acceperit ab omnibus peccatis suis auctoritate Dei beatorum Apost Petri Pauli summi Pontificis liberatus est absolutus as was declar'd in one of our Councils Upon which multitudes of all sorts as Kings Nobles and Common people according to the zeal and perswasion of those times would vow to go and list themselves for the Holy War and in token thereof continually afterwards wore upon their Backs Crouchbacks the sign or badge of a Red Cross as being to fight against the enemies of Christ's Cross Now the Pope being God's Lieutenant over these Troops for mony would absolve these of their vows or such of them as upon second thoughts desired to stay at home Will. Malmâ—â— lib. 4. cap. 2. Frequently would he also divert and turn their Arms to other uses as to subdue the Albigenses Waldenses and many others of the Popes private enemies Matt. Paris in An. 1250. fo 803. And Matt. Paris tells a story how once the Pope sold these crossed Pilgrims to others even for ready money as the Jews did their Sheep and their Doves in the Temple Besides when some great expedition was in hand and great contributions made to carry on the War the Pope must be made the Treasurer but never gave any account of his disbursements keeping or converting all or most of the money to his own use Also in absence of Princes upon those expeditions the Popes and their Officers took their full swings to the inriching themselves besides many other considerable advantages and acquists as by the Histories and Complaints of Christendom in that matter most fully and at large it doth appear CHAP. XV. Ambassadors Agents AMbassadors Leiger and Extraordinary Proctors and Agents constantly residing at Rome with their retinues and servants maintained there by our Kings drew as constantly great summs of money out of the Kingdom For Rome being the seat of Policy and the Popes making themselves concern'd and busie in the affairs of all Princes these took it as it was indeed their interest to have continually their respective Agents and Ambassadors there to sollicite for their Master's interest to oppose contrary Factions and to gain intelligences And for these and the like purposes our Kings always had two three or more at a time there from and to whom multitudes of Internuntio's Carryers and Messengers were continually posting and running with Letters Instructions and Dispatches all occasioning a vast expence And by these it was â— Ninotismo dâ— Roma that the Popes were courted and caressed their Nephews Cardinal Patrons and Favourites bribed and presented For the Popes are never without their Creatures and Privado's a Caesar Borgia a Donna Olympia or some such like who must be effectually dealt withall and by them way made to the Pope's ear and savour besides
Pensions and Gratuities to servants and Officers through whose hands business ran for expedition Intelligence c. One memorable Record testifying all this with the King's care to transmit moneys to his Ambassadors for the purposes aforesaid it will not be amiss here to exhibit Paâ— 8 9 Joh. Reg. â— 5 m. 3. Rex omnibus Mercatoribus ad quos c. Sciatis quod quicunque mutuo tradiderit Hen. Abbati Belli loci Thomae de Ardinton Amfredo de Dene nunciis nostris quos misimus ad curiam Romanam pro negotiis nostris quingentas marcas nos ei vel nuncio suo has literas nostras referenti una cum literis praedictorum nunciorum summam illius mutui eas plene persolvemus Et ad hoc nos obligamus per nostras has literas patentes Teste Dom. P. Winton Episcopo apud Rokingham 20 die Febr. anno regni nostri 8. Et injunctum est Thomae de Ardinton Amfredo de Dene qui habent in hac forma quatuor paria chartarum singulas de D. Marcis ita quod per totum sunt M M marc quod nihil inde expendant sicut diligant corpora sua ante consummationem negocii pro quo remittuntur ad Curiam Et debent reddere Justic cartam de M marcis de priore itinere suo in quo tulerunt chartas de MMM marcis non expenderunt per totum nisi M M marcas vacatis inde 30 Marc. de uno anno de foedo P. fil Ric. fratri Dom. Papae O. Hanibal 60 Marc. ad dict termin cassand de 50 Marc. Et nepoti Dom. Port. 20 Marc. Et Praeceptum est Justicâ— quod cartam illam afferat Regi Et praeceptum est Thomae de Ardinton quod cartam nepotis Dom. Port quae liberetur antequam nomen inserebatur afferat quoniam nomen nesciebatur cum carta scripta fuit A notable Record this implying the King's care and caution in that affair So King Edward the First sending Franciscus Accursius and other Messengers to Rome about his Affairs there issued several Instruments for furnishing them with money and payment of the annual Pension to his Advocate in Rome and to a Cardinal at Rome granted to them till they could be preferred by him to Benefices or Offices of greater value all preserv'd to this day too long to be here transcrib'd Pat. 6. Ed. 1. m. 6. De Dâ—â—â—iis Fran. Accursio fociis nunciis Regis ad cur Romaâ—am and of which let this one satisfie as a specimen of the rest Rex Orlandino de Podio sociis suis mercatoribus de Luk salutem Mandamus vobis quod de denariis nostris vel vestris is custodia vestra existentibus habere faciatis dilecto Cierico nostro Domino Francisco Accursio sociis suis nunciis nostris ad curiam Romanam proficiscentibus rationabiles expensas suas quibus indigent in cundo ibidem morando redeundo ad expeditionem negotiorum praedictorum Et cum sciverimeâ— quantum eis liberaveritis nos debitam allocationem seu quietanciam vobis inde habere faciemus Teste Rege apud Shetwik xvij die Sept. Many other transcripts Chart. 1 John nu 12. Claus 10 Hen. 3. m. 1. dors Pat. 52 Hen. 3. nu 15. Pro R.S. Angeli Diacon Cardinal Claus 9 Ed. 1. and Instruments of like nature might here be produced as likewise promises and assurances of gratuities and annual pensions to Cardinals and others to ingage them to promote the King's businesses in the Court of Rome And in one year only King Edw. 1. sent Letters and Addresses with competent summs and arrears of Pensions to no fewer than seventeen Cardinals and Officers in the Court of Rome to ingage them to attend and promote his affairs there By these Ambassadors and Agents the Kings gratuities and bounty was handed to the Popes upon several occasions Lo. Herb. Hist fo 211. as King Henry the Eighth in the year 1526. sent to Pope Clement the seventh being in some distress Holinshead in Hâ—n 8. Thirty Thousand Ducats for a Present At another time in the same King's raign the Pope being under restraint and want by the Emperours means the Cardinal of York carryed at one time out of the Kingdom 240000 l. of the King's Treasure Speed in H. 8. to work his delivery The last publick Ambassador sent hence and residing at Rome was Sir Edward Carne Doctor of the Civil Law Knighted by the Emp. Charles the Fifth who lay Leiger there several years and there dyed about the beginning of the raign of Queen Elizabeth and ever since that way of negotiation and expence to the great ease of the Exchequer hath ceased CHAP. XVI Strangers Beneficed ANother way of draining infinite summs out of this Kingdom to Rome and Italy was the conferring of Bishopricks and all sorts of Ecclesiastical Benefices Offices and Promotions upon Strangers and chiefly Italians These constantly residing at Rome and in Italy had their Farmers Factors and Agents here to Collect their Rents and Revenues and transmit the same to Rome to be received and spent there In the year 1253. Matt. Paris in An. 1253. an Inquisition was taken of this whereby it appeared that the Ecclesiastical Revenues in England of the Italians whereof many were Boys more Dunces but all Aliens did amount to no less than Threescore and ten thousand Marks per annum esteemed a greater revenue at that time than that of the King which occasioned the sharp Letter of Rob. Grosthead to the Pope about that grievance with the Pope's disdainful reception of the same at large related by Mat. Paris and of which more hereafter At a Parliament held An. 1379. Rot. Parl. An. 3 Ric. 2. a great complaint was made of forrainers holding Ecclesiastical Benefices many Cardinals at Rome having the best Promotions and Livings conferred on them or granted to hold in Commendam Acts Mon. Tom. 1. f. 389. of which there are Catalogues yet extant And of this many mischiefs did insue As little or no Divine Service or Instruction of the People No Hospitality kept for relief of the Poor Decay of Houses and increase of Barbarisme so that between the Italian Hospitality which none could ever see and a little Latin Service which few or none could understand the poor English were ill fed but worse taught And lastly the exhausting the wealth of the land to the impoverishing of the People and weakning of the King and Kingdom in case of invasion or any attempts against them But how all this was then resented you shall hear more anon Memorable is it that in the raigns of King Hen. 7. and King Hen. 8. the Bishoprick of Worcester had four Italians successively of which none ever lived there Johannes Gigles or de Liliis Goâ—w de Pâ—aeful Angl. in Wâ—gâ—â—n born at Luca. Sylvester Gigles his Nephew succeeded Julius Medices a Cardinal of Rome Nephew to Pope Leo
the tenth and afterwards Pope himself by the name of Clement the seventh Hieronymus de Nugutiis upon the resignation of Jul. Medices injoyed it many years And such prevalence had the Popes and Cardinals in this matter that once King Edw. 1. having promised the Cardinal-Bishop of Sabine at his instance to present one Nivianus an Italian his Chamberlain to a Benefice in Licolnshire then in his gift by the death of another Italian the Popes Chaplain and forgetting his promise presented his own Clark thereunto but being reminded thereof to make good his promse Pâ—t 5 E. 1. m. 16. De praesemation pro M Aptonio de Niviano he revoked his first Presentation and Presented Nivianus to it as appears by his Patent for that purpose still preserved amongst our Records At such time as Rubeus Mar. Paris in An. 1240. fo 540 and Ruffinus two of the Pope's Factors were very busie here in England in Collecting money for the Pope one Mumelinus comes from Rome with Four and twenty Italians with orders that they should be admitted to so many of the best Benefices that should next fall void Mâ—â—t Pâ—jâ—â— codem anno And in the same year it was that the Pope made agreement with the People of Rome that if they would effectually aid him against Frederick the Emperour their Children should be put into all the vacant Benefices in England And thereupon order was sent to Edmund Arch-bishop of Cant. the Bishops of Lincoln and Salisbury that Provision should be made for Three hundred Romans Children to be served of the next Benefices that should fall unde stupor magnus corda haec audientium occupavit timebaturque quod in abyssum desperationis talia audiens mergeretur as the Historian hath it But this made such an impression upon the Archbishop being a tender man to see the Church in that manner wounded and so much evil in his days that he disposed of his affairs and retired into France where for a little while he lived Godw. in vita ejus bewailing the deplorable state of his Country and of grief dyed at Pontiniac CHAP. XVII Priories-Alien PRiories-Alien were another cause or means of carrying great summs for a long time out of the Kingdom And these were of this Original viz. according to the devotion of the times many forraign Monasteries and Religious Houses were endowed with possessions here in England and then the Monks beyond Sea partly to propagate more of their own Rule and Order and partly to place Stewards as it were to transmit a good proportion of the Rents and profits of these their new acquir'd possessions at so great a distance would either by themselves or the assistance of others build a Cell or competent and convenient reception for some small Covent to which they sent over from time to time such numbers as they thought fit and constituted Priors over them successively as occasion required and thereupon they were called Priories-Aliens because they were Cells to some Monasteries beyond the Seas And these Foundations became frequent after the Conquest So as in the raign of King Edward the third they were increased to the number of one hundred and ten in England With some proportion or allowance out of the revenues of these the Prior and Monks sent over were maintained and the residue transmitted to the Houses to which they were allyed to the great damage of the Kingdom and inriching of strangers In time the Foundations of these Priories-Alien became very numerous being spread all over the Kingdom Lamb. Peram of Kent Weav Fun. Mon. One John Norbury erected two the one at Greenwich the other at Lewsham in Kent both belonging to the Abby of Gaunt in Flanders At Wolston in Warwick-shire a Cell W. Dugd. Warw. in Wolston or Religious House was founded subordinate to the Abby of St. Peter Super Dinam in France Another at Monks-Kirby in the same County Id. fo 50. founded by Geffry Wirce of Little Brittain in France appropriated to the Monastery of Angiers the principal City of Anjou And another at Wotton Wawen in the same County Id. fo 604. a Cell of Benedictin Monks belonging to Conchis in Normandy of all which Mr. Dugdale hath several remarks of Antiquity At Hinckley in Leicester-shire Burton Descrip of Leic. fo 134. a Priory of Canons Aliens was founded by Robert Blanchmains Earl of Leicester or as some say by Hugh Grandmeisnell Baron of Hinckley belonging to the Abby of Lira in Normandy and this of a very good value Roger de Poictiers founded a cell for Monks-Aliens at Lancaster Cambd. Brit. in Lancast Edward the Confessor Id. in Glocest fo 362. by his Testament assign'd the religious place at Deochirst in the County of Gloucester and the Government thereof to the Monastery of St. Denis near Paris in France in this remarkable that it will be hard to given another instance of such an assignation before the Norman Conquest King Henry the third once gave licence to the Jews Stow Survey in Broadst Ward Lindwood Constit lib. 3. Tit. 20. at their great charge to build a Synagogue in London which when they had finished he order'd should be dedicated to the Virgin Mary and then made it a Cell to St. Anthony's in Vienna And near unto Charing-Cross there was another Stow Survey in Westm fo 495. annexed to the Lady of Runciavall in Navarre in the Diocess of Pampelone founded in the fifteenth year of King Edward 4. At Sion Cambd. in Midd. fo 420. in Middlesex there was antiently a Monastery for Monks-Aliens Mr. Cambden tells us when they were expuls'd and how it was converted into a Nunnery for Virgins to the honour of our Saviour the Virgin Mary and St. Briget of Syon But Lindwood tells us Lindwoed l. 3. Tit. 20. that the Superior House to which at first it belonged not mentioned by Mr. Cambden was at Wastena in the Kingdom of Sweden of the Rule of St. Austin But the richest of all for annual revenue Harpsfield Catalog Ae l. Rel. fo 762. was that which Yvo Talbois built at Spalding in Lincoln-shire giving it to the Monks of Angiers in France the yearly revenue whereof was valued at 878 l. 18 s. 3 d. per annum Instances might be made of a multitude more of the like Foundations all tending to carry money out of the Kingdom and most commonly to the King's Enemies beyond the Seas Which mischief being apprehended Rot. Parl. 50 E 3. nu 128. and great complaints thereof frequently made in Parliament these Priories-Alien became oftentimes seised into the King's hands and the revenues thereof sequestred to the King's use and then restitutions made and seisures again as occasion required untill the fourth year of King Henry the fourth Claus 4 Hâ—n 4. nu 30. when a new consideration was had in Parliament about these Priories-Alien and resolved that all should again be seised into the King's hands
excepting those that were Conventual and thereupon Summons was given to all the said Priors to appear on the Octaves of St. Hillary at Westminster and to bring with them all their Charters and Evidences whereby the King and his Council might be satisfied whether they had been Priories Conventual time out of mind or not But notwithstanding this Act and that the former seisures had been made upon this ground that by transportation of the revenues belonging to these English Cells to those Houses in France whereunto many of them belonged and were subordinate the King's Enemies at such times as he had warrs with the French were assisted in the Parl. held at Leic. An. 2 Henry the fifth it being considered that though a final peace might afterwards be made between England and France yet the carrying over such great summs of money yearly to those forraign Monasteries would be much prejudicial to this Kingdom and the People thereof there was an Act then made that all the possessions in England belonging to the said Priories-Alien should thenceforth remain to the King his Heirs and Successors for ever excepting such whereof special declaration was then made to the Contrary Rot. Parl. 2 Hen. 5. nu 9. Al intent sayes the Act que divine Services en les lieux avantdictz purront pluis duement estre fait per genti Anglois en temps avenir que n'ount este fait devant cest heurs en icelles per gents Francois c. intimating the mis-imployment of the same And so from thenceforth our Kings disposed of these Priories-Alien and all their revenues arising hence in such manner as they thought most conducible to the good and ease of themselves and the People Which Act of State proved a Praeludium to the dissolution which befel the intire English Monasteries in the raign of King Henry the eighth CHAP. XVIII Knights Templars and Hospitallers THE Orders of the Knights Templars and Hospitallers were also possessed of large revenues and lands here a great part of the profits whereof was transported away and spent out of the Kingdom For the Original Rule and nature of these Orders several have collected and exhibited them particularly Mr. Dugdale W. Dâ—gd Hist of Warw. fo 704 An. 1 Ed. 2. to whom those that would be satisfied therein are referred For our purpose let it be sufficient to note That in the year 1307. by the King 's special command Hen. d'Knighton coll 2531 and a Bull from the Pope the Templars were generally throughout the Kingdom laid hold on and cast into prison and all their possessions seised into the King's hands Th. Walsingh Hist fo 73. An. D. 1311. The crimes objected against them were very hainous contain'd in divers Articles but whether true or false we will not now examine And it was not long after that the whole Order was condemned and suppress'd in a General Council at Vienna under Pope Clement the fifth and their possessions given to the Knights Hospitallers who injoyed the same here till the 32. year of King Hen. Stat. 32 H. 8â— cap. 24. 8. when an Act of Parliament was made reciting That divers of the King's subjects called Knights of St. John of Jerusalem abiding beyond the Sea receiving yearly out of this Realm great summs of money have unnaturally and contrary to the duty of their allegiances substained and maintained the usurped power and authority of the Bishop of Rome lately used and practised within this Realm he the said Bishop being common Enemy to the King our Soveraign Lord and this his Realm and considering that it were better that the possessions in this Realm belonging to such as adhered to the Bishop of Rome should be imploy'd and spent within this Realm for the defence of the same than converted to and amongst such unnatural subjects c. It was enacted That the said Corporation of Knights Hospitallers within his Majesties Dominions should be utterly dissolved and that the King his Heirs c. should have all their Mannors Lands c. And so the Kingdom was freed of that mischief which their transporting so much money yearly out of it had occasioned Queen Mary a Princess more zealous than wise or politick made some attempt to restore the Convents dissolved by her Father Sand. de Schism lib. 2. fo 30â— and Brother particularly re-instating the Benedictines at Westminster The Carthusians at Shone The Brigetteans at Sion The Dominicans at Smithfield in London A sort of Franciscans heretofore zealous for the legality of her Mother's marriage at Greenwich And the Hospitallers of St. John's of Jerusalem in Clarkenwell But her example was not followed by any of the Nobility or others who had incorporated any of the Abby Lands into their estates but the Queen restored only what remained in the Crown un-aliened from the same But yet such a beginning of hers gave a shrewd alarme to all the rest that they should be attaqued in convenient time with some Acts of resumption which would compel them to refund and that the rather because Cardinal Pool in that Act in this Queen's raign to secure the Abby Lands to the then Owners without a formal passing whereof to quiet at present so many persons concerned Popery would not so easily have bin restored at that time would not absolve their consciences from restitution but only made as it were a temporary palliate cure the Church of Rome but suspending that power which in due time was to be put in execution But for our Hospitallers as I said before they were with some others restored and placed in their shatter'd mansion in Clarkenwell Stow. Survey fo 483. Sir Thomas Tresham being made the Prior of the Order But the short raign of that Queen prevented further restitutions And Queen Elizabeth coming to the Crown permitted all things to remain for some time as she found them so that at her first Parliament she sent writs to the Lo. Prior Tresham and Abbot Fecknam to appear as Barons therein but they were scarce warm in their Seats but they with all the rest of the late restored Orders were once again dissolved and the Kingdom 's fears of refunding and resumption for that time cured with addition of hope never to be so frighted again As Allies and Successors to these Knights Templars and Hospitallers it will not be amiss something to note of the Knights of Malta How they were first expulsed out of the Holy Land and then out of Rhodes by the Turks how afterwards they seated at Nice and Syracuse successively and at last setled in the Island Malta where now they are we referr those that would be satisfied therein to the Historians and Travellers that have taken notice of them Gro. Sandies Trav. lib. 4. fo 229. Travels of Jo. Ray. fo 303. But we are informed by our late Travellers That now in the City of Valetta in Malta they have Alberges Halls or Seminaries of the eight several Nations of the Order
which are the French Italians German English Provençal Auvergnois Castilian and Arragonian These Albergs are buildings like Colledges and the Seignior of each Nation is Superiour of the Alberg Grand Prior of his Nation of the Gran Croce as they call it and of the Privy Council of the Great Master Amongst these there is an Alberg or an apartment for the English Nation or rather a piece of ground inclosed with the foundation of an Alberg the Walls being not quite reared up This standing now void for want of English to stock it some of the Citizens would have bought the ground to have built upon but the Grand Master and Council would not sell it expecting that one day the English Nation would be reduced again to the Obedience of the Roman Church and then it would be finished and replenish'd with such for whom it was first designed In the time of Mr. Sand's being there an Irish-man living in Naples and receiving a large Pension from the King of Spain bore the Title of Grand Prior for the English but who hath since succeeded in that Office I have not thought it very necessary to inquire And in like manner as we are informed the other dissolved Orders especially those as were of greatest note and most richly endowed still keep up and continue their Successions as well as they can with Rentals and Particulars of the possessions of their respective Houses in hopes they will revert once again to their former use CHAP. XIX Elections of Popes and Cardinals THE Election and making of Popes and Cardinals was another way of carrying great summs frequently out of England to Rome And that upon this account The Pope being both a spiritual Monarch and a Temporal Prince it could not otherwise be but by that sway which he bore in the Consciences of such as owned his authority he came to have a great influence over all the State affairs of Christendome besides his challenging a power to depose Kings absolve Subjects of their Oaths of Allegiance dispence with Vows and Oaths and dispose of Kingdoms and States as he pleased and then the Kings and States of Europe acting according to their respective rules of State and Policy there continually happen'd a reciprocation and recurrence of Treaties Leagues Alliances Quarrels and Warrs amongst them And the Popedome being Elective all those Princes and States amongst whom our Kings had their proper concerns made it their interest and utmost endeavour in a vacancy to procure the promotion of such a one to that See as might be favourable or at least not noxious to their interests and designs And hence all the subtile contrivances the secret Cabals sometimes the twisting and at other times the unravelling of interests and factions the canvassing of parties the buying of votes the purchasing of intelligence the bribing of Officers and any thing or every thing that money would do must be set on foot and carryed on with utmost vigour cost and pains At such a time and occasion Rome becomes throng'd with Ambassadors and Agents with their Guards and Retinue from all quarters and all at a vast expence watching labouring and sweating every one for his Master's business whilst the roads are pester'd with Messengers Curriers and Posts carrying and re-carrying of News intelligence and instructions Then by reason of all this packing and canvassing it often happens that the Conclave cannot agree in many moneths though generally those Princes who had bin most liberal have had their turns serv'd and many times again by reason of the fierce opposition and difficulties the Cardinals not to disgust the contending factions are fain to pitch upon some heavy old overgrown man who is likely to do neither hurt nor good or at least not long and sometimes again the Conclave becomes so divided and rent that one part of them chooses a Pope and another part an Anti-Pope and when these with their partisans have for some time scuffl'd tug'd and fought for 't in comes a third dog and catches the hare from them both and sometimes three Popes have been up and in play at one time In this hurly-burly St. Peter's chair is overturn'd and broke in pieces one Pope snatches up part of it and runs into Germany another scrambles for another part and runs with it into France whilst another pieces up the remaining shivers and seats himself at Rome Presently the world is fill'd with complaints Remonstrances and Manifesto's The Emperour storms and sayes his man had foul play and that his Imperial Eagle shall fly his utmost pitch to do him right The surly Spaniard grumbles and protests he will hazard all his Indies before his Creature shall be so baffled And the French King swears that all his Flowers de Lis shall wither before his Confident shall be rooted out neither are our Kings of England only lookers on whilst this game is in playing but either their Arms or their money must be layd to stake on one side In this Battle-Royal after many incounters and ran-counters the weakest though not alwayes the worst most commonly goes to the Walls one of them perhaps sent out of the world with a Fig or a Potion another entrapp'd and thrown into a Dungeon whilst the third for a few moneths or it may be years struts up and down claps his wings and crows as victor and then goes himself to the Pot and leaves the Pit for other Combatants and the spectators to their expectation of more sport Of this sort Bellarmine reckons up six and twenty schisms in the Roman Church but Onuphrius a more exact accountant Onuphr in vita Clem. 7. reckons up thirty whereof some lasted ten some twenty and one fifty years The Contemplation whereof hath caused some to make a very shrewd objection against the perfect unity compleat succession and Divine Infallibility so much boasted of in that Church I might and could easily here make particular instance of all these famous bickerings scuffles and counter-scuffles but the same being obvious to all that converse with books Dr. Stilling-fleet of the divisions of the Rom. Churâ—h and something having bin lately worthily done to that purpose and it being a Parergon to the drift of these papers we will no further ingage in these quarrels than to note that they were cause for the reasons aforesaid of great expence to our English Kings when they thought it their interest to have a friend seated in the Pontifical chair and the reason of that Policy now ceasing we being altogether unconcern'd in that affair the money that used to leak that way is kept within the Kingdom to the great ease quiet and benefit both of King and People I will only here take liberty to mention one famous schisme the procedure and conclusion thereof justifying all that we have before pointed at in this matter About the year 1404. Platina in vitis Innoc. 7 Greg. 12. Alex. 5. Jo 24 Innocent the seventh being Pope by the prevalence of a
Faction one Petrus de Luna was set up at Avignion as Antipope against him between these was great strugling and holding till the death of Innocent but the Faction dyed not with him Petâ—r Moon for the Cardinals chose Gregory the twelfth between whom and Peter de Luna who called himself Benedict the thirteenth the schism continued with great sury whereby such mischief and disturbance grew in the world that to appease the matter there was no other remedy but to depose them both which was done in a Council at Pisa and a third man Alexander the fifth chosen in their rooms the two disbanded Popes sneaking away to their Friends But this Alexander soon dying as not injoying his dignity above eight moneths A Neapolitan Balthasar Cossa was chosen in his stead who took the name of John the twenty-fourth and then the two discarded Popes peep out and begin to stir again with many abetters on all sides To compose all which there being now three Popes on foot at once a Council was call'd at Constance where all these three were deposed in which transaction the King of England had a great stroke as Platina expresly sayes but long it was In vita Johan 24. and with much ado before all would submit to Martin the fifth who was then chosen Gregory the twelfth dyed soon of grief upon it Peter de Luna betakes himself to a strong Castle and stands upon his guard and justification having many friends and particularly the Scots as is specially remembred but all would not do his party was run down and he from that time vanished The third that is John 24. took his heels and ran for 't in a disguise but being discovered and apprehended by the Count Palatin he was kept several years a Prisoner Platina sayes in the Castle of Heidelberg Camerar Hist meditat l. 4. cap 7. but Camerarius hath it in the Castle of Mansheim where sayes he they use to shew the Chamber in which he was imprisoned and where at his Exit he left these verses of his own making bewailing the lubricity of fortune the vanity of the world and his own Captivity Qui modo summus eram gaudens nomine Praesul Tristis abjectus nunc mea fata gemo Excelsus Solio nuper versabar in alto Cunctaque gens pedibus oscula prona dabat Nunc ego poenarum fundo devolvor in imo Vultum deformem quemque videre piget Omnibus e terris aurum mihi sponte ferebant Sed nec gaza juvat nec quis amicus adest Sic varians fortuna vices adversa secundis Subdit ambiguo nomine ludit atrox Papa fecit I who of late injoy'd the highest place Now all forlorn bewail my wretched case I lately wore the glorious Triple Crown All kiss'd my feet with humbly-falling down But now I 'me thrown into a pit of woe And my abhorred face dare hardly show From all parts treasure flowed in to me But now or Gold or Friend I cannot see Thus Fortune's rolling wheel pursues its scope Sometimes she smiles and then deludes our hope By the Pope But up his exauctoration or reducement one made this Distich Balthasar imprimis vovitabar inde Johannes Depositus rursus Balthasar ipse vocor First Balthasar and then Pope John I was But now depos'd for Balthasar must pass Neither was all this labouring tugging and canvassing for that supream dignity of the Popedom only but proportionably as great endeavours and expences were had for the obtaining of the intermediate promotions of Priorys Abbacys Bishopricks and Cardinalships all being as mediate steps whereby to mount at last the Pontifical Throne And this matter of promotion and preferment continually carryed great summs to Rome from private and particular persons who aimed to climb as high as money would carry them and without that the greatest merit or endeavours were but to little purpose Ambition is rooted in the nature of all men and scarce ever any took Orders but he design'd to arrive at the highest dignity his Order was capable off hence all that holding thrusting and striving for all those improveable and growing preferments here from the Priest to the Bishop and all that appealing and running to Rome for Confirmation and after that all the sollicitations bribing and driving of interests for a Cardinalship and never any rest till they arrive at St. Peter's Chair or the Grave In the raign of King Henry the Fifth Spâ—ed Chron. in Hen. 5. what a vast summ of money was amassed by H. Beaufort Bishop of Winchester of which at one time he lent the King 20000 l. and took his Crown to pawn for it with part of this he obtain'd a Cardinalship but lived not to finish with the rest his design'd purchase of the Papacy In the raign of King Henry the Eight Lo. Herb. Hist Hen. 8. the great and rich Woolsey was never quiet but alwayes caressing and presenting with great summs sometimes the Emperour sometimes the K. of France and at all times some leading Cardinals for their interest and favour for his Election to the Popedom and thereupon after the death of Pope Leo the tenth he renews his sollicitations to the Emperour and French King and sends Doctor Pace his Agent with good summs to the Cardinals at Rome but Adrian the sixth was chosen before the heavy sollicitor came to the end of his journey But then again after the death of this Adrian Woolsey puts hard for it again with all that wooing intreaty and money could do but such an ill Planer reign'd over his projects that he was gull'd of his money and baffled once again Julio de Medici by the name of Clement the seventh carrying it clear from him but a little to comfort our repulsed Cardinal upon his earnest request this Pope Clement condescended that the Legantine power which Adrian before had granted only for five years and so from five years to five years should now be conferr'd â—on Woolsey for term of life whereby he might injoy a kind of Papal authority in England which he missed at Rome but this Cordial proved too strong for him to digest and utterly ruin'd his constitution as by the series of his story doth appear And now these mighty endeavours and expenses for those promotions in the Court and Church of Rome to Cardinalships and the Papacy makes me conceive it not altogether impertinent here to make a little enquiry what Countrymen of ours attained those dignities and whether the pains and cost expended was answered by the preferment I confess not many of our Countrymen have reached those high dignities of Pope and Cardinal though always some or other of them have been gaping and aspiring that way the Pontifical Chair and the steps to it having been mostly possest by Italians intimated by that noted Observation in Italy it self That of the Romans Sr. Edw. Sands Eâ—rop specal 10.91 the Priests are the most wicked And of the
as well by the Title of the said Act as by the Body of it An Act restoring to the Crown the ancient jurisdiction over the state Ecclesiastical and spiritual 1 Eliz. 1. in divers places for that Stat. doth not annex any Jurisdiction to the Crown but that which in truth was or of right ought to be by the ancient Laws of this Realm parcel of the Kings Jurisdiction Now it is not unknown how from the root as it were of this inherent Authority grow the several Branches of the same 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 As that he hath the supream Right of Patronage over all England and all Ecclesiastical Benefices within the same so that if the immediate Patron present not a Clark in due time nor the Ordinary nor Metropolitan the Right of Presentation devolves on the King and there rests Nullum tempus occurrit Regi He only hath the Patronage of all Bishopricks and none can be chosen but by his Conge d' Eslier and whom he nominates none can be consecrated Bishop or take possession of the Revenues of the Bishoprick without a special Writ or Assent from the King The King only calls National or Provincial Synods and by his Commissioners or Metropolitans gives life to Canons Orders Ordinances and Constitutions relating to the Government and Ceremonies of the Church for reformation and correction of Heresies Schismes Contempts c. Halls Case Coke 5 Rep. The King hath Power to pardon the violation of Ecclesiastical Laws to dispence with the rigour of them and to regulate all Ecclesiastical Persons as that a Bastard may be made a Priest 11 Hen. 7.12 a. That a Priest may hold more Benefices than one That he may succeed his Father That he may be non-Resident c. And for his Superintendency over the whole Church the King hath the First-Fruits and Tenths of all Ecclesiastical Benefices And from him lyes no Appeal to any forrain Jurisdiction whatsoever Neither is it unknown what strange incroachments and usurpations have been made upon the fundamental Right of our Kings by the Popes and Court of Rome and again how strenuously in all times it hath been asserted and vindicated by the Kings and People of England the Papal Dominion rising and falling here according to the quality of the Times and the measures of resistance which it met withall And evident is it also by what means this forrain Dominion came to be owned here for in the Empire the Bishops of Rome usurp'd one half of the Imperial Power and annexed the Ecclesiastical Jurisdiction and Supremacy to their own See for taking advantage of the publick distractions occasion'd partly by the incursions of the Barbarians on the North and East parts and chiefly by the divisions of the Empire it self and by some opportunities of serving some weak and vicious Emperours in their unworthy purposes they gain'd at last by force or fraud the whole Dominion of Religion to themselves and by pretending to the Spirit of Infallibility they usurp'd an absolute Empire over the Faiths and Consciences of men which yet they could not maintain without the continual disdained affronts to the Princes of Christendom the last whereof reduced under this yoke were the Kings of this Island and for which there were not Arts enough wanting As by making a bad use of innocent and good meanings and improving the humility of others for an advantageous step whereon to mount it self For when Religion came to a consistency here the Bishop of Rome was greatly reverenced by the Christians of this Island as one that was the Primate of one of the then most glorious Churches in the World Patriarch of the West and residing in a City famous for Arts and Learning and the seat of the Empire And then the fame of this eminent Bishop crescens eundo Tacit. Hist lib. 2. and majora credi de absentibus as Tacitus speaks acquired a mighty reverence for him in these remoter parts though the devout Brittains who received more probably their first conversion from Asia applyed themselves chiefly to Judaea as a place of the greatest sanctity yet amongst the Saxons for the reasons aforesaid Beda Hist li. 4. cap. 23. Romam adire magnae virtutis aestimabatur as Ven. Beda hath it But as this was of their part no other than as to a great Doctor or Prelate from whose countenance and assistance they hoped for great advantages so those Instructions they received from Rome were not as coming from one that had Dominion over their Faith the one side not at all giving nor the other assuming more respect than what was decent and fit out of Charity Reverence and Christian affection each unto the other And therefore observable is it in that famous transaction of the Kingdom of France Platina in vita Zach 1. Spondan in eod about the deposing of Childerick and setting up Pepin in his room which some have contended to have been done by the Pope's Authority The Truth is Mente stupidus vitâ ignavus Paul Aemil. Childerick was set aside by the Peers of France for a Fool or Frantick and Pepin stepping up applyed himself to the then Pope Zachary to confirm not to confer his new obtained Kingdom for in those days they gave no such power neither did Pope Zachary claim it Only that such an extraordinary action might carry the better face in the world it was thought requisite to have the suffrage of so grave an Oracle and therefore Baronius confesses and that you will will say is much Baron Annal. Francos non Zachariae paruisse decreto sed acquievisse consilio and there is great difference between an Authoritative Injunction and a Prudential Advice which is only an Answer out of discretion and left to discretion and so can imply no obligation at all And Sabellicus relates it thus That the Peers of France deposed Childerick Sabell Ennâ—ad 8 lib. 8. and set up Pepin in his stead Romano Pontifice consulto whence this Gloss upon one of their Laws Papa deposuit id est deponentibus consensit But enough of this But certain it is that by one way or other the Papal Dominion arrived to a great height in the World and particularly in this Island in after times and then the former addresses of the Christians of this Island to the Bishop of Rome were made use of as notes and evidences of subjection and what had passed by the Popes advice and Counsel only was afterward said to have been done by his Authority And so the ordering and determining of Ecclesiastical affairs was endeavoured to be drawn to a forraign Judicature to the apparent prejudice and diminution as well of the Rights of the Crown as of this Church And therefore in this case it fared with our Ancestors as with her in the Tragedy Quisquis in primo obstitit Repulitque amorem tutus ac victor fuit Sâ—nec Trag. Hippolyt Qui blandiendo dulce nutrivit malum
into the King's hands and lost during his life And this Judgement was before any Act of Parliament made in that case Nota. And there it is said That for the like offence the Archbishop of Canterbury had bin in worse case by the Judgement of the Sages in the Law if the King had not extended favour to him Although by the Ordinance of Circumspecte agatis Coke 5 Rep. Case de jure R. Eccl. made in the thirteenth year of King Edward the first and by a general allowance and usage the Ecclesiastical Court held Plea of Tithes Oblations Obventions Mortuaries Redemption of Penance Laying of violent hands on a Clark Defamations c. yet did not the Clergy think themselves assured nor quiet from Prohibitions purchased by subjects till King Edward the second by his Letters Patents under the Great Seal Staâ— 9 Edw. 2. Artic. cler ca. 16. in and by consent of Parliament upon Petition of the Clergy had granted them Jurisdiction in those cases An Excommunication by the Archbishop Finzh Excom 4.16 Ed. 3. Broâ—k Excom pl. 5.14 H. 4. although it be dis-annulled by the Pope or Legate is to be allowed Neither may the Judges give any allowance of any such sentence of the Pope or his Legate And it hath often bin adjudg'd 30 Ed 3 Lib. Assiz pl. 19.12 Ed. 4.16 and declared That the Pope's Excommunication is of no force in England It is often Resolved in our Books that all the Bishopricks in England were founded by the King's Progenitors and the Advowsons vowsons of them all belong to the King and at first they were * Per traditionem annuli pastorasis baculi Donative And that if an Incumbent of any Church with cure dyes if the Patron Present not within six months the Bishop of that Diocess ought to collate that the cure be supply'd if he neglect by the space of six moneths the Metropolitan of that Diocess shall confer one unto that Church and if he also neglect six moneths then the Law gives to the King as Supreame within his own Kingdom and not to the Pope power to provide a Pastor The King may not only exempt any Ecclesiastical Person from the Jurisdiction of the Ordinary but may grant unto him Episcopal Jurisdiction as it appears the King had done of antient time to the Archdeacon of Richmond 17 Ed 3.13 20 Ed. 3. And the Abbot of Bury was exempted from Episcopal Jurisdiction by the King's Charter The King Presented to a Benefice 21 Ed. 3.40 and his Presentee was disturbed by one that had obtained Bulls from Rome for which offence he was condemned to perpetual imprisonment If Excommunication be the final end of any suit in the Court of Rome as indeed it is and be not allowed Fitzh Nat. Br. fo 64. f. or allowable in England as it hath often bin Declared It then follows that by the Ancient Common Law of England no suit for any cause though it be spiritual arising within this Realm may or can be determined in the Court of Rome Quia frustra expectatur eventus cujus effectus nullus sequitur At a Parliament held An. Stat. 25 Ed. 3. de Provisorib 25 Edward the third It was Enacted That as well they that obtained Provisions from Rome as they that put them in execution should be out of the King's Protection and that they should be dealt withal as the King's Enemies and no man so dealing with them should be impeached for the same At a Parliament held An. Stat. 16 Ric. 2. cap. 5. 16 Ric. 2. It is declar'd That the Crown of England hath bin so free at all times that it hath bin in subjection to none but immediately subject to God and none other and that the same ought not in any thing touching the Regality of the said Crown to be submitted to the Bishop of Rome nor the Laws and Statutes of this Realm by him frustrated or defeated at his Will And the Commons in that Parliament affirmed that the things attempted by the Bishop of Rome be clearly against the King's Crown and his Regality used and approved in time of all his Progenitors in which points the said Commons professed to live and dye and to all which the Lords assented also as being thereto bound by their Allegiances It is resolved that the Pope's Collector 2 Hen. 4 fo 9. though he have the Pope's Bull for that purpose hath no Authority within this Realm And there it is said That the Archbishops and Bishops of this Realm are the King 's spiritual Judges And in another place it is said Papa non potest mutare Leges Angliae 11 Hen. 4. fo 37. Per Curiam In the raign of King Henry the sixth 1 Hen. 7. fo 10. the Pope wrote Letters in derogation of the King and his Regality and the Church-men durst not speak any thing against them But Humfrey Duke of Glocester for their safe keeping put them into the fire In the raign of King Edward the fourth 1 Hen. 7. fo 20. the Pope granted to the Prior of St. John's to have Sanctuary in his Priory and this was pleaded and claim'd by the Prior but resolved by the Judges Keilway Reports 8 H. 8. fo 191. b. That the Pope had no power to grant any Sanctuary within this Realm and therefore the same was disallowed by Judgement of Law In Brook Tit. Presentation al Esglise Bro. Present al Esglise p. 12. It is affirmed That the Pope was permitted to do certain things within this Realm by usurpation and not of right untill the Raign of King Kenry the eighth quod nota sayes the Book Stat. 24 Hen. 8. ca. 12.25 H. 8.21 And in what esteem the Pope's Authority here was in that King's time may sufficiently be collected from the Tenor and Purview of the Statutes about that affair in his raign made In the raign of King Kenry the sixth Henry Beaufort Uncle to the King being Bishop of Winchester was made Cardinal and thereupon purchased from the Pope a Bull Declaratory that he might still hold his Bishoprick yet it was held and adjudged that the See of Winchester was become void by the assumption of the Cardinalship and therefore the Cardinal fallen into a Praemunire 4 Hen. 6. in Arch. Turr. Lond. for which he was glad to purchase his pardon as by the Records of all this it doth appear It was Adjudged in the Court of Common Pleas Dier 12 Eliz. by Sir James Dyer Weston and the whole Court That a Dean or any other Ecclesiastical Person may resign as divers did to King Edward the sixth Vid. Grend ca. in Plowd Com. for that he had the Authority of the Supream Ordinary With all this may be noted also the several Statutes heretofore made against the usurpations of the Bishops of Rome in this Kingdom the principal whereof these viz. Stat. 25 Ed. 3. de Provisorib Stat. 27 28 Ed.