c significavit nobis sanctitas vestra per venerabilem Patrem A. Covântrensem Litchfeldensem Episcopum dilectum fidelem nostrum P. Saracenum Civem Romanum quod gratum habereâis acceptum si venerabilis Pater P. Wintoniensis Episcopus cum gratia nostra reverti posset in Angliam sicut ad ejus spectat officium curam securus genere pastoralem super hoc ex parte sinceritatis vâstrae nos rogaverunt Ad quod Sanctae Patern tati vestrae duximus respondendum Quod cum idem Episcopus Regnum nostrum ultimo exivit gratis moâu ductus proprio potius quam nostram vel alterius compulsionem Et etiamsi bene recolitis ad preces vestras nobâs specialiter inde directas sedem adiât Apostolicam Vnde si memoratus Episcopus voluntatem habuerit revertendi in Regno nostro commorand bene placet nobis ipsus adventus Nec erit qui ipsum super hoc aliquatenus impediat aut cum redierit tranquilitatem ipsius perturbet licet etiam graviter versus ipsum moveremur ad Instantiam vestram conceptum rancorem siquis esset penitus et remitteremus parati et expositi tanquam filius Sanctae Romanae Ecclesiae devotissimus in hiis aliis vestris inhaerere Conciliis voluntatis vestra pro viribus nostris bene placitum ad implere Teste Rege 40 die Martii Anno c. XIX The King wrote after the like manner unto the Bishop Others and those very often were called to Rome to answer Complaints or Private Mens Suits by which occasion the King lost the use of their Service and a great part of the Wealth and Substance of this Realm was spent in the Court of Rome SECT 13. ââvestiture into Bishopricks and the Kings assent in choice of Bishops taken from him 13. It is well known that the King hath special Interest in the Choice and Investitures of Prelates unto Bishopricks both because a great part of the good Government of his People dependeth upon the good Government of that State and also because in those times he furnished himself with Counsellours taken out of the Number and employed others in places of weighty and most necessary Services of the Realm Wherefore the Kings of England were ever by the Ancient Customs and Laws of the Land allowed their Assent and Directions in all Elections of Persons unto those places This right hath been strangely oppugned by divers Popes some of them disturbing Elections made by the Consent of the King and others bestowing Bishopricks at Pleasure without Election at all and against the Kings will The first that stirred that Quarrel in England was Anselm Arch-bishop of Canterbury For when the Kings of England needy of Moneys borrowed of the Clergy great Loans never to pay again he to exempt himself from Subjection to the King laboured to make his Archbishoprick to depend meerly on the Pope not on the King although he had acquired it by the Concession and free Gift of the King Anselm then being promoted in the year 1092 to the Archbishoprick by King William Rufus the King having franckly bestowed that rich Bishoprick upon him soon after would extort from him a great Sum of Money for the exigence of his Affairs as claiming some recompence for his Gift Anselm refused to give it and stealing away privately out of England went to Pope Vrban the second who at that time was Violently Prosecuting against the Emperour Henry IV the Quarrel of Investiture begun by his Predecessours Gregory VII This Vrban liking the Prudence and Dexterity of Anselm gave ear âo his Counsel and gave him the Archbishops Pall thereby voiding âhe Investiture which he had received from King William Du Moulin contr Card du Perron l. 1. 7. cap. 11. and obliâing him there-after to depend upon him This Anselm did so behaâing himself ever after as holding his Arch-bishoprick by the Popes Ordination not by the King's Concession The King being herewith incensed Prohibited Anselm to enter inâo his Kingdom confiscated the Lands and Estate of the Arcbishoârick and by an express Edict declared That the Bishops held their âlaces and Estates meerly from him and were not subject unto the Pope for the same And that he had the same rights in his Kingdom âs the Emperour had in the Empire At length it was determined âhat all the Abbots and Bishops of England should be called togeâher to judge of this Controversie Bp. Godwins Catal. of Bps. They met at Rockingham-Caâtle and the Matter being proposed by the King for fear or âlattery saith Bishop Godwin they all assented unto him and âorsook their Archbishop All the Bishops of England subscribed except only Gondulphus Bishop of Rochester By the Intervention of Friends Anselm made his Peace but afâer his return from Rome holding a strict league with the Pope âe began again soon after to disswade the Clergy from receiving ânvestitures from the King wherefore he was constrained to fly the second time out of the Kingdom and his Estate was again seized upon and conficated to which he was restored at his return He came then to Pope Vrban who received him honourably as a Confessor suffering for the Cause of Christ The year after Vrban kept a Council at Clermont in Avergne whereby he granted full Pardon of Sins to all that should contribute to the expedition into the Holy Land c. In the same Council he decreed that thence-forth it should not be lawful for any Prelate or Ecclesiastical Man to receive the Investiture or Collation of a Benefice or Church-dignity from the hand of any Lay Person But the Princes derided these Decrees and retained the Possession or these Investitures In the year 1099 King William and Pope Vrban died Henry the First succeeded William who sought to be reconciled with Anselm and called him home again But Anselm being obliged by an Oath to the Pope prevailed with the King that a Council should be gathered at London where he declared the Order he had from the Pope That no Lay Man should have the Power to confer any Investiture and began to degrade the Bishops promoted by the Kings Nomination refusing to consecrate some Bishops named by the King King Henry being highly displeased banished him out of England presently and confiscated his Goods Whilst these things passed in England Pope Paschal prosecuted the Quarrel of his Predecessors against the Emperor Henry IV. He caused the Emperors own Son to rebel against his Father who soon after dying with Grief was so forsaken that Pope Paschal would not suffer him to be buried for his Carcass lay five years at Spire rotting without any Christian Burial The new Emperor Henry V past presently into Italy after the Death of his Father where the Pope hoping to be recompensed for helping him in his Conspiracy against his Father found himself deceived for when he press'd him to renounce the Rights of Investitures which his Ancestors as
Sigebert saith had enjoyed above three hundred years the Emperor grew very Angry and laying hold of this Pope Paschal committed him to close Prison Neither would he release him till he had renounced his claim to the Investitures and Collations of Benefices saying to him in in scorn that which Jacob said to the Angel wrestling with him I will not let thee go before thou hast given me thy Blessing Then Paschal to redeem himself out of Captivity granted to Henry that both he and the Popes after him should leave unto the Emperors the peaceable enjoying of the Investitures of Ecclesiastical Dignities by the Ring and the Staff Also that none should be Consecrated Bishop without an Investiture from the Emperor The Pope and the Emperor reciprocally bound themselves by Oath upon the Host of the Mass which they received together But because that Oath was extorted the Pope thought not himself obliged to keep it So he brake that Agreement and excommunicated Henry and all Princes usurping Investitures This accident confirmed Henry the First King of England in a resolution to retain the Investitures of his Kingdom And that Order was held in England for a long time Only the Popes that they might not be injurious to their pretences by a long Prescription would send the Pall to some Prelats invested by the King confirming that which they could not alter and giving an Approbation which was not sought from them And further as to Elections of Bishops the great Troubles that were in the Reign of King John grew upon no other occasion than because the King refused Stephen Langton whom the Pope would have thrust into the See of Canterbury Mat. Paris fol. 299. notwithstanding that there had passed a former Election of another with the Kings assent and that the King justly alledged he might not trust Langâon in his Realm because he had a long time been on the part of his Enemies The King menaced the Pope and his Creatures seized the Temporalities of the Archbishop banished him his Paâents and Kindred with the Monks of Canterbury as Traitors By his and the Prelats Treachery confederating with him the Kingdom was interdicted the King excommunicated his Subjects absolved from their Allegiance he and his deprived of the Crown given to the French King enforced to resign his Kingdom to the Pope become his sworn Tributary Vassal and Homager to renounce the ancient Rights of his Crown to receive Stephen and his Confederats to favour to restore them to their Bishopricks with the Profits and Damages sustained by their Exile before the King could be absolved The King is forced to humble himself before him and swear to him before he would absolve him He instigates the Nobles against the King threatens to excommunicate him and revive the interdicts if he proceeded by Arms against them He was very severe against the Clergy-men who adhered faithfully to King John He excites the Barons to take up Arms against the King for their Liberties extorts the Great Charter from him with new additional Clauses wresteth a new Charter for the Election of Bishops and Abbots from him and of the Patronage and Royalties of the Bishoprick of Rochester as absolutely as the King enjoyed them To requite which he surrendered the Castle and Ammunition of Rochester to the Barons He refuseth to execute the Popes Excommunication though oft pressed to it by the Legat and others He is aecused and suspended in the Council at Rome for confederating with the Barons against the King A just retaliation At length his Suspension is token off but he not to return into England till Peace made betwixt the King and his Barons Ralph N. v l Bishop of Chichester and Chancellour of England being chosen Archbishop by the Monks of Canterbury was approved by the King and put in Possession of the Temporalties by and by The Monks of Canterbury thereupon pressing the Pope to confirm his Election Anno 123â the Pope made diligent enquiry of Simon Langton Brother to Stephen elected but rejected by King John and the Pope too at his request to be Archbishop of York concerning Ralphs Person and Disposition Simon told the Pope that he was an hot Fellow Stout Subtle an old Courtier and very gracious with the King and therefore that he would make variance betwixt him and the King and cause him to deny the payment of that Tribute granted unto him by King John This was enough so without any more ado he dissolved the Election never alledging any matter of Exception against him but willed the Monks to chose another Then the Monks chose one John their Sub-prior He being called to Rome and first charged with insufficiency but sufficiently cleared thereof by the testimony of certain Cardinals to whose Examination he was referred he was yet in the end compelled to give over his right to that See And after some other several Elections of Archbishops to that See Mat. Paris fol. 502 515. made with the Kings Allowance they were all one after another declared void by the Pope In the Reign of King Edward the Second Anno 1313 after the Death of Robert Winchelsey Archbishop of Canterbury the Monks of Canterbury elected for his Successour one Thomas Cobham Dean of Salisbury and Prebend of York a Man of such Vertue and Learning that he was commonly called by the Name of the Good Clerk but the Pope bestowed that place upon Walter Reynolds SECT 14. Patronages disturbed and Benefices bestowed upon Aliens 14. In other Promotions and Ecclesiastical Livings the Popes usurped a larger liberty of bestowing them at their will upon such as they made choice of or upon themselves without regard of any Mans right to present or whether the Persons upon whom those Livings were bestowed were the Natural Subjects of the Realm or not Whereupon ensued many Mischiefs one was that a great part of the Wealth of this Realm was bestowed and spent in Forreign Parts Another that many Aliens flocking into the Realm to occupy these Promotions their presence here was dangerous to the State and the King unfurnished of fit Persons being his Liege-Subjects to imploy in necessary and secret Services of this Realm Thirdly That the Natural Subject was discouraged and sought not to make himself fit for any place of Service by diligence in Study seeing that the Rewards of Learning were carried away by Strangers Of these are many Examples in our Histories and the wrong complained of from time to time In the Reign of King Henry the Third Pope Gregory before his Death to carry on his Wars and Designs against the Emperor Frederick and throw him out of the Empire Anno 1240 intended by way of Provision to confer all the Benefices in England especially of the Clergy and Religious Persons on the Sons of Romans and other Forreigners sending his Bulls to three Bishops âiz to Edmond Archbishop of York the Bishops of Lincoln and Saâum to confer no less than 300 of the next Benefices that
their Domiââons by the Popes Mission unless at the Kings special instant reâest to the Pope who eluded this priviledge by sending Nuncio's âaplains Clerks Friers Minors or Praedicants sometimes into ââeir Realm with the full power not Titles or Ensigns of Legats Some Irish Bishops without the Kings Privity endeavouring to ââocure a Legat to be sent into Ireland the King upon notice ââereof by his Chief Justice and others writes to the Pope to send ãâã Legat thither against his will Pope Gregory the Ninth his Legat was imprisoned for stirring ãâã Sedition in Lombardy against the Emperor Three Legats with ândry Archbishops and Bishops were taken by the Emperors Galâys going to a Council upon the Summons of Pope Gregory IX Gualo a Presbiter Cardinal of St. Martin crowned King Henry ãâã causing him to do homage to the Church of Rome and Pope ânocent for England and Ireland and to swear faithfully to pay âe Annual Rent for them which his Father King John had granted ãâã long as he injoyed those Realms He deprived Simon Langton ârchdeacon of Canterbury and Gervase de Habruge who obstinately âdhered to Lewis and the Barons and celebrated Divine Service to âhem and the Londoners after their Excommunication of their Beâefices for which they were compelled to go to Rome He sent ânquisitors through all Provinces of England suspending and deâriving Clerks of their Benefices for very small faults and adhering âo the Barons bestowing their Livings on his own Creatures Clerks ânriched with others Spoils He received a thousand Marks from Hugh Bishop of Lincoln and vast sums from other Religious Peâsons Canons exhausting their Purses and reaping where he ãâã not sow He bare sway in the Councils of King Henry III wâ sealed some Writs and Patents with his Seal before his own Sâ was made and usurped on his Crown during his Minority witâout Opposition Bernardus de Nympha came Armed into Englaââ with the Bulls of Pope Innocent IV to collect Money from thâ Cruce signati for Richard Earl of Cornwall the Kings Brother Dâvers Blank Bulls of the Popes were found in his Chest after ãâã Death containing manifold Machinations of the Romans to debase and oppress England John de Diva an English Frier was armed with many Papâ Bulls to extort Moneys from the English for Pope Innocent IV under dreadful Penalties and Fulminations He exacts six thousanâ Marks out of Lincoln Diocess His Exaction at St. Albans waâ appealed against who demanded 300 Marks notwithstanding thâ Appeal to be paid within Eight days under pain of Excommunication and Interdict which the Pope upon an Appeal caused theâ to pay He had a Bull from the Pope to inquire of all Lands alâenated from Churches and Monasteries Vexations by Proviso's aâ Simoniacal Contracts for Livings to seize them to the Popes use and Excommunicate Interdict all Opposers without Appeal John Ruffin was sent with the power though not the title of a Legat into Ireland to collect Moneys there He extorted six thousand Marks from the Clergy there notwithstanding the Kings Prohibition Otto I. Pope Honorius his Nuncio was sent to King Henry III. Hâ demandeth two Marks by way of Procuration from all Conventuaâ Churches of England he demandeth two Dignities and two Monkâ portions in all Cathedrals and Monasteries Pryn's Hist of Popes Usurpations Otho Cardinal Deacon of St. Nicholas in Carcere Tulliano Legaâ to Pope Gregory IX was received into England with Processions anâ ringing of Bells He disposed of vacant Benefices to all that camâ with him whether worthy or unworthy the King almost did nothing without him and adored his foot-steps He was present iâ the Parliament at York to mediate a peace between the Kings oâ England and Scotland The Charter of Peace was sworn to anâ ratified in his Presence He desireth leave of the King of Scots tâ enter as a Legat into Scotland to regulate Ecclesiastical Affairâ there as in England who answered That neither in his Fathers time nor of any his Ancestors any Legat had Entrance into Scotland neither would he permit it whilst he was in his righe senses But if he ântered at his own peril he must expect violence from his rude Subjects ârom which he was unable to protect him yet he knighted and beââowed some Lands on his Nephew A great Fray was occasioned at Oxford by his Porters Insolence ând he was assaulted by the Scholars at Osney-Abbey stiled an Uâurer a Simoniack a Ravisher of Mens Rents a Thirster after Money a Perverter of the King and Subverter of the Kingdom ãâã forced to fly secretly from thence Both the King and he proâeeded severely against the Scholars for it by Ecclesiastical Cenâures Excommunications Penances Imprisonments almost to âhe ruin of the University He was denied Entrance into Scotland by the King thereof the âecond time He gave a Writing under his Hand and Seal to the King of Scots that his Admission into Scotland should not be drawn ânto Consequence who took it away with him upon his privat reâcess He there collected the fifteenth part of the Goods of all Preâats and Beneficed Clerks and sent it to the Pope The English Noâles send Letters of Complaint to the Pope against his confering of Benefices by Provisions upon Aliens and other Grievances Frederick the Emperor was incensed against King Henry III for this Legats collecting of Moneys in England imployed in Wars against him demanding his Expulsion out of England as the Emperors and the Kingdoms Enemy He demandeth Procurations for himself from the Clergy not exceeding the sum of four Marks for any Procuration The King sent a Prohibition to him to exact the fifth or any other part of the Benefices of his Clerks attending on his Service which he could by no means endure He joyneth with Peter Rubee in exacting a great Tax from the Prelats and Abbots to shed Christian Blood and to conquer the Emperor The Bishops and Canons except against his intollerable Demands He laboured to raise a Schism and Division among the Clergy to obtain his Exactions He demanded Procurations from the Cistercians who manfully denied them as contrary to their Priviledges which the Pope dispensed with by his Non obstante The King upon his Departure out of England by the Popes Summons feasted placed him in his own Royal Throne and at Dinner to the admiration of many Knighted his Nephew and bestowed an Annuity of Thirty pounds per Annum upon him which he presently sold He conferred above Three hundred rich Prebendaries and Benefices at his own and the Popes pleasure on their Creatures He spoiled the Church of Sarum and maâ other Cathedrals leaving them destitute of Consolation He accompanied by the King and Nobles in great state to the Sea-sidâ at his departure out of England He left not so much Money ãâã England behind him when he left it Mat. Paris fol. 735. as he drained out of it Church plate and Ornaments excepted He stayed three years in England great were the rewards demanded
he summoneth a Parliament at London by reason of the Complaints of the English against those Grievances which they could no longer tollerate without the brand of sluggishness and their own imminent ruin Great was the Indignation of the Pope against the miserable English for that they durst complain against their daily injuries and oppressions in the Council which he so multiplied that the English were more vile in his eyes and the Court of Rome than any other âen of the remotest Nations Insolently saying It is expedient for ãâã to compound with the Emperour Frederick that we may trample the ââtle King of England under our Feet who now kicks with the heel aââinst us Then the King the Nobles Archbishops Bishops and Abbots âew up seven Articles in Parliament against the Popes Grievances ââd Oppressions 1. In Extorting and Collecting several Sums of Money by General âaxes and Assesses without the Kings Assent or Consent against the anâent Customs Liberties and Rights of the Realm and against the Appeal and Contradiction of the Proctors of the King and Kingdom made ãâã a General Council 2. In hindering Patrons to present their Clerks to Vacant Livings and âestowing them by Proviso's on other Roman Clerks utterly ignorant of the English Tongue to the peril of the peoples souls and impoverishing the âealm beyond measure by transporting Money out of it 3. In granting Pensions out of Livings by provision and more proviââon of Benefices than he promised after his Bull against them 4. That one Italian succeeded another That Subjects causes were ââawn out of the Realm by the Pope's Authority against the Custom of the Realm against the Written Laws that men ought not to be condemned among their Enemies and against Indulgences granted by his Predecessors âo the Kings and Realm of England 5. The frequent mention of that infamous word Non-obstante in his Bulls by which the Religion of an Oath ancient Customs vigour of Writings the Established Authority of Charters Laws Priviledges were debilitated vanished away and his not carrying himself courteâously towards the Realm in revoking the plenitude of his power as he promised 6. That in the Benefices of Italians neither their Rights nor sustentation of the poor nor hospitality nor preaching of God's Word nor the useful Ornaments of the Churches nor Cure of Souls nor Divine Services were performed as they ought to be and according to the Custom of the Countrey 7. That the Walls of their Houses fell down together with their Roofs and were dilapidated To which other Complaints to the King and Parliament against ãâã Court of Rome were super-added which they sent to the Pope by their respective Messengers with five several Letters two from the King to the Pope and his Cardinals a third from all the Archbishops and Bishops a fourth from all the Abbots and Priors the fifth from all the Earls and Temporal Lords speedily to reform all their Grievances to prevent unavoidable Mischiefs to the King the Pope and the Church of Rome and their revolt from Subjection to them They complained that the Pope demanded Knight-service due only to the King to Lords from their Tenants from Prelats and Clergy-men to find him so many Horse or Foot for half a year or pay a great Ransom in lieu of it under pain of Excommunication which they must reveal to no Man That he granted one years Fruits of all Benefices that fell void within the Province of Canterbury to Archbishop Boniface That he by sealed Bulls required the Abbots of the Cistercian Order in England to send him golden Jewels to adorn his Planets and Copes as if they might be goââ for nothing That if any Clerk should from thenceforth die intestate his Goods should be converted to the use of the Pope which he commanded the Friers Preachers and Minors diligently to execute seizing on the Money Goods and Plate oâ three rich Archdeacons which the King hearing of prohibited and by the common advice of his Nobles and Prelats in Parliament issued several successive Prohibitions to the Abbot of St. Albans and others not to pay any Tallage to the Pope or his Agents before the return of their Messengers to Rome against these Grievances under pain of seizing his Barony and to the Bishops not to exact or levy any such Tax for any Clerk Religious Person or Lay-man to the prejudice of his Royal Dignity against his and his Nobles Provisions in Parliament which he neither could nor would indure The Pope contemned the zealous Letters and memorable Complaints of the King and whole Kingdom against his Exactions requiring the Bishop of Norwich and others to levy a Subsidy for him at which all were amazed The King summons a new Parliament at Winton concerning the manifold Grievances of the whole Realm and especially of the Church wherein the Messengers sent to the Court of Rome reported That they could discern no Humility nor Moderation in the Popes Gestures or Words concerning the Oppressions wherein the Church and Realm of England were grieved and whereof they complained That when they expected a pleasing Answer the Pope told them The King of England who now kickâ his Heel and Frederizeth hath his Council and I have mine which I will pursue That from that time scarce any English Man could dispatch any Business in Court yea they were all repelled and reviled as Schismaticks so as so many Epistles of the King and the universality of the Nobles and Prelats of the Realm had no efficiency at all At which Report the King and Nobles being much exasperated the King by their Advice commanded Proclamations to be made through all Countreys Cities Boroughs and Villages of the Realm that no Prelate Clerk or other Person throughout the Realm should consent to any Contribution to the Pope or transmit any Money towards his Aid or in any wise obey his Papal Commandement which was accordingly done The Pope hearing thereof wrote to the English Prelats more sharply than before requiring them under pain of Excommunication and Suspension to pay in the Aid he demanded to his Nuncio in the New Temple before the Feast of Assumption Hereupon the King was so terrified with the Popes Menaces that he and the Richest Prelats complied with his Designs paying 6000 Marks to the Pope to the great impoverishing of the Realm which was transported by the Pope's Nuncio and Merchants to aid the Landgrave against the Emperor Frederick part whereof he intercepting grievously reprehended the Effeminacy of the English and of Richard Earl of Cornwall for yielding to the Popes party to the Destruction of the Realm of England and detriment of the Empire The Pope intended to have interdicted the Realm of England had they not paid his 6000 Marks and the King by his Nuncio's signified his Compliance to it Now all the consolation and hope of relieving the English expired their Enemies being their Judges SECT 22. 22. Hereunto I shall add what I found in an Ancient Manuscript which briefly gives us an
Englands Grievances In TIMES of POPERY Drawn out of the Canon Law Decretal Epistles and Histories of those Times WITH REASONS why all Sober PROTESTANTS May Expect no better Dealing from the Roman-Catholicks Should GOD for their Sins suffer them to fall under the Popes Tyranny AGAIN Collected for the Information and Satisfaction of the English Nation at this Time LONDON Printed for Joseph Collyer and Stephen Foster and are to be sold at the Angel on London-Bridge a little below the Gate 1679. To his much Honoured Friends RICHARD DUKE of OTTERTON High-Sheriff of the County of DEVON AND TO CLEMENT HERNE of HAVERINGLAND In the County of NORFOLK ESQUIRES The AUTHOR Dedicateth this Insuing Treatise Intituled England's Grievances in Times of Popery ENGLAND'S Grievances in Times of POPERY SECTION 1. IT appeareth as well by the Pope's Laws delivered in Decretal Epistles which were particularly and upon sundry occasions directed to the Bishops and other Clergy-men of this Realm of England in Popish times as also by the report of our English Histories that at such time as the Bishop of Rome had his full sway in this Realm the Authority of the King was so obscured as there was hardly left any shew of his Sword and Dignity And on the other side the Subjects destitute of succour by their Natural Prince and left to a most miserable spoil and rapine of the Pope and of such as it pleased him to give them in prey whereof these special Grievances here collected may serve for testimony besides a number of others which come not to my memory but may be easily supplied by any indifferent mans careful Reading GRIEVANCES 1. The first Grievance was The Exemption of the Clergy Exemption of the Clergy who being a considerable part of the Realm by reason that great numbers as well looking to Preferments that then were bestowed upon that State as also drawn by Priviledges and Immunities which they infinitely enjoyed above others sought to be of that number were wholly exempt or at least so took themselves to be from all Jurisdiction of the King and his Justices not in Ecclesiastical Causes only as then they were termed but even in Causes Civil and in Matters of Crime though the same touched the Prince and his Danger in the highest degree The Popes Laws to this purpose are to be seen in C. Clerici extr de Judiciis C. seculares de foro competenti in 6o. and a special Constitution Provincial of this Realm made by Boniface Archbishop of Canterbury in the time of King Henry the Third in the Council of Westminster or Lambeth Anno 1270 or 1272. vid. Prynne's Exact History of Pope's Intollerable Usurpations upon the Liberties of the King and Subjects of England and Ireland Vol. 2. lib. 4. c. 3. Johan de Aton Constitut. Guil. Lindwood Touching the Practice it is recorded in the Decretals that Pope Alexander III. in the time of the Reign of King Stephen wrote to the Bishop of London to take Order by his Jurisdiction in a Civil Controversie of Goods left in the Custody of a Clerk c. 1. de Deposito Likewise it doth there appear that in the time of King Henry II. Pope Lucius III. wrote to the Bishops of Ely and Norwich to compel a Clerk to save his Sureties harmless And to like purpose he wrote in another Case to the Archbishop of Canterbury King Henry III. pretending Title by his Prerogative or by the Common Law to certain Lands which the Archbishop of Canterbury claimed to be parcel of the possessions of his Church was compelled to answer the Bishop in that Cause in the Court of Rome Mat. Paris fol. 494. Adam Tarlton or d'Orlton Bishop of Hereford in a Parliament âolden at London in the year 1324 was accused of Treason against King Edward II. as having aided the Mortimers with Men and Money against that King Being brought before the King and claiming his Priviledge to be judged by the Pope he was forthwith rescued by the rest of the Clergy After a few dayes the King caused him to be brought before him and when he should have been arraigned a thing till that time never heard of that a Bishop should be arraigned the boldness of the three Archbishops of Canterbury York and Dublin was very strange for they with ten other Bishops with their Crosses erected came to the Bar before the Kings Justices and took him from thence into their own Custody In his absence he was attainted with High Treason notwithstanding and his Temporalties were seized into the King's hand until such time as the King much by his device and machination was deposed of his Kingdom But though the King took away his goods yet he was not suffered to meddle with his Body Tho. Walsingham Hist Angl. p. 98 99. SECT 2. Restrainâ of making Laws âor Poliây 2. Whatsoever Laws the King in his Parliament made which in any sort impeached the Priviledge or Liberty of the Clergy or touched their Lands or Goods were for that time holden by the Pope and his Clergy void and of no force And it helped not the King how just cause soever he pretended of any right appertaining to his Ancestors For so are the Popes Laws in precise terms save that some of the later sort reserve to the King Laws touching Services and some other rights in Church lands c. qu. Ecclesiarum de Constât c. Eccles Sanct. Alar c. Noverit c. Gravem de Sententia Excommunicationis And some Popes were so jealous over Princes in the Point that they refused to allow Laws by them made to the benefit of the Church As where Basil Lieutenant to Odoacer King of the Lombards provided by Law in favour of the Church that no Prescription should make his Title good who had bought ought of the Church the Pope misliking that a Lay-man should deal in those Causes disannulled the Law c. âene quidem Distinct 96. The pract ce of this injury is notable in the dealing of Thomas Archbishop of Canterbury with King Henry II. For whereas the King in his Parliament had made very reasonable Laws in maintainance of the Ancient Rights of the Crown against the licentious Liberties claimed by the Clergy Among which one was That Clerks in Causes of Felony and Murthâr should be tried by the Laws of the Realm for that it was shewed unto the Parliament that then an hundred Mârthers had been committed by Church-men So Nuburgensis noteth lib. 2. cap. 16. not duly punished whereto the said Archbishop and the rest of the Prelats gave their consents and bound themselves to the observation of them by their Oaths the Archbishop afterwards grudging at these Laws departed the Realm obtained at the Pope's hand Absolution from his Oath and forced the King to answer for those Laws in the Court of Rome where the King finding no favour that Garboil insued which after fell out betwixt the King the Pope and the Archbishop and many Murthers committed upon Clerks by the
fell âoid within their Diocesses on these Aliens A dangerous Usurpaâion on the Kings Prerogative the Churches Priviledges and the Patrons Rights The next year the King issued Writs to the Archbishops and Bishops of sundry Diocesses by way of Opposition âo inquire how many Aliens were promoted to Benefices or Prependaries with their Values and Names In that injurious course of conferring Benefices upon Italians the Archbishop of York withstood the Pope and was constrained to leave the Realm Pope Gregory fore-mentioned in the same Kings Reign Mat. Paris fol. 735. wrote to the Abbot of Bury to bestow upon him a Benefice of the yearly value of One hundred Marks but so as they the Abbot and his Convent should farm the Benefice at his hands and pay him yearly 200 marks rent The same Author writeth of another Benefice Ibid fol. 815. and of the Treasureship of Sarum bestowed upon Innocent his little Nephew by one Martin at that time the Popes Legat in this Realm This Man was sent into England by Pope Innocent IV. to extort Moneys âe was armed with Bulls to excommunicate to suspend and by manifold ways to punish all as well Bishops Abbots as others who opposed his Rapines and Extortions Provisions of Benefices Rents to the use of the Popes Clerks and Kinsmen He extorted Gifts Garments Palfreys from them suspending those who refused though upon reasonable Excuses till satisfaction He twice summoned the English Bishops and Clergy for a Contribution to the Pope and their Mother the Church of Rome against the Emperor The King sent a Prohibition to them not to give him any aid under pain of forfeiting their Baronies He suspended all to present to Benefices of ten Marks value or upward till his and the Popes Covetousness was satisfied The King sent memorable Prohibitions to him against his intollerable Provisions and Rapines who persevereth therein with a stony heart notwithstanding The Cinque-ports were guarded to interrupt the Popes Bulls and Provisions sent unto him His Messenger was imprisoned in Dover-castle but released upon his Complaint to the King The King by advice of his Nobles sent Prohibitions to all the Bishops in England and Chief Justice in Ireland not to suffer him or any other Nuncio to collect any Moneys for the Pope or confer any Benefices without his Privity or Consent The Nobles sent a Message to him in behalf of the whole Kingdom to depart the Realm within three days else they would hew him and all his in pieces And when he demanded the Kings Protection against the fury of the Nobles Mat. Paris p. 640. the King wished the Devil to take him whereupon he departed the Realm in a terrible Pannick fear The Abbot of Abingdon refusing to bestow upon a Roman the Benefice of St. Helens in Abingdon which was esteemed at the value of an hundred Marks and belonged to the Monastery of Abingdon because the King had demanded it for his Brother Idem fol. 1002. was cited to appear personally at Rome and could not obtain his Release until he had assured to the Pope a yearly Annuity of Fifty Marks to be paid out of his Monastery Pope John XXII bestowed the Bishoprick of Winchester upon his Chaplain Rigandus in the time of King Edward the Second having before made reservation thereof Tho. Walsingham fol. 90. and giving special charge that no Election should take place though approved by the King We find in the Canon Law that in the time of King Richard the First though from the Records of the Tower we understand in the Reign of King John that Pope Innocent contriving how to usher in his Provisions into England by degrees without any observation imployed the Archbishop of Ragusa whom he discharged from that Church because he could not live quietly there to move King John to bestow a Bishoprick and other Benefices upon him in England to relieve his Necessities and support his Dignity whereupon the King out of his Royal Bounty bestowed the Bishoprick of Carlile the Archbishop of York and the Church of Melbourn upon him Of these Wrongs the People of this Land made often Complaints but could find no Redress The Usurpations of the Popes Legats and Agents by Exactions Provisions Disposing Churches to Aliens and other Innovations became so intollerably Oppressive to all sorts of People in England that by several Letters of Complan it dispersed against them in the year 1231 1232 there was stirred up a general Commotion and Opposition against them throughout England for finding that most of the Ecclesiastical Livings of this Realm to be in the hands of Strangers they were so offended that they set fire on their Barns in all parts of the Realm The Pope on the other side stormeth with the King and commandeth the Bishops of the Realm to excommunicate the Authors of that injury and withal to send them personally to Rome to receive their Absolution at his hand Speed in his History relateth Speeds Chronic. In the Reign of King Henry III. that it was alledged by these Reformers that they had under-hand the Kings Letters Patents the Lord Chief Justices Assent the Countenance of the Bishop of London and the Sheriffs aid in divers Shires whereby the Armed Troops took heart every where violently to seize on the Romans Corn and their other Wealth which Booâies they imployed to good purposes and for relief of the poor Roger de Wend. M. S. the Romans the mean while hiding their Heads for fear of losing them In the time of King Edward the Third Pope Clement granted to âwo Cardinals at one time Provisions of so many Spiritual Livings as would amount to the yearly value of Two thousand Marks Hereof the King complained to the Pope Tho. Walsingham Hist in Edw. III. alledging that the Rights of Patronages were disturbed the Treasure of his Realm spent upon Aliens in Foreign parts and that the Students his Subjects were thereby discouraged Which Reasons are delivered in a Statute by him made for restraint of Provisions from Rome SECT 15. 15. The Pope claimeth to have one proper Authority Plenitudo Potestatis in Beneficialibus which he calleth Plenitudo Potestatis in Beneficialibus and is an infinite and unbridled Licence to do in Matters of Church-livings what himself âisteth By force whereof he taketh from any Prelate or Beneficedman his Bishoprick or Benefice at his pleasure without yielding any Cause or Reason thereof He hath used to bestow Bishopricks of this Realm at his pleasure and when any of the Bishops died then the Pope claimed a Priviâedge to have the Gift of them as Decedentes in Curia Romana and so kept them many years as Decedentes in Curia for they never came into England to die here as Salisbury and Worcester which were claimed by that Title in Queen Maries time Again the Pope might dissolve Ecclesiastical Dignities and Benefices at will and turn them into what shape it best liked him Moreover he might
no other cause being known but the Popes pleasure Levies of Moneys to the Popes use without cause In the year 1245 the Pope demanded of all Clerks that were Non-resident half their Revenues and of those that were resident a third part Matthew Paris writeth that in the year 1257 the Popes Proctors sent with his Bulls into this Realm extorted of Clerks and Religious Persons great sums of Money and if any found themselves Grieved and offered to appeal they were forthwith by one Commission or other Excommunicated Mat. Paris fol. 1002. In the year 1248 he exacted of the Monastery of St. Edmondsbury the place of the Abbot being void 1000 Marks and would not confirm the Election of the new Abbot until the Monks had promised to pay 800 Marks In the Reign of King Edward the Second Pope John XXII reserved to his See the First-fruits of all vacant Benefices for the space of three years At that time also certain Usurers set up in England called Caursins who by Usuries and strange Arts devised in Italy did eat up the poor People and the Clergy The King himself was much indebted to them The Bishop of London would have repressed them but because they were maintained by the Pope he was not able to efâect it The Franciscans and Dominicans preached up the Popes Power ând drew all the Confessions to themselves and every day obtained âriviledges to the prejudice of the Parochial Priests who became âlmost useless The State of England was deplorable for hungry âtalians of the baser sort with Bulls and Warrants from the Pope came daily to fleece the People and to raise such sums of Money âs they would demand upon the Clergy If any denied what they demanded he was presently Excommunicated And they that held the great Benefices were Strangers who were but the Popes Farmers This caused Matthew Paris that lived then and beheld these things to lament That the Daughter of Sion was become like a shameless Harlot that could not blush by the just Judgment saith he of hâm that made an Hypocrite to reign and a Tyrant to domineer Sometimes the Pope made his advantage by Grants made to other Bishops to spoil the Realm as to the Bishop of Rochester whose Name was Laurentius de Sancto Martino a Chaplain and Counsellour of King Henry the Third This Man got a Dispensation from the Pope to hold all his former Livings in Commendam with this Bishoprick And yet alledging that his Bishoprick was the poorest of England and therefore his Living yet unable to maintain the Port of a Bishop he never ceased till he had extorted from the Clergy of his Diocess a Grant of a fifth part of all their Spiritual Livings for five years and appropriated unto his See for ever the Parsonage of Friends-bury The Pope at the same time granted a Bull to the Archbishop of Canterbury to collect the Fruits of all vacant Benefices within his Province for one year Mat. Paris fol. 1000. SECT 18. The way that yielded to the Pope his greatest Harvest The Popes Legats was by Legats sent into this Realm for they coming hither under a plausible title of care to reform things that were amiss within the Realm and the presence of a Legate having an Authority little inferior to the Pope himself being terrible to the Subject they had opportunity not only to gather to their Masters whatsoever they liked to demand but also prevailed intollerably for themselves and some of them with such insolence as it is strange that any Prince could ever suffer them in his Realm I shall here speak something of the Original of these Legats and shew how by degrees the Legati à latere were brought in Authority amongst the Nations and how they did inlarge the Popes Phylacteries At first because Rome was the chief City of the Empire from thence as from a Seminary were preachers sent to sundry Nations to preach and plant the Gospel or to confute Heresies afterwards to provide vacant Benefices and to supply the absence of the Roman Bishop in Synods in all which they did no other thing but as other Bishops might have done and also did But when the Bishops of Râme were made Patriarchs and became ambitious these Legats did the same Offices at some times but therewith they began craftily to injoyn unto Archbishops and Metropolitans to execute some things which they were commanded by the Word of God to do and they would give them power within their own Diocesses as if Bishops had been Vicars of the Roman Patriarchs or his Legat. Petrie's Church History p. 272. These Primats did gladly imbrace the show of Honour that for reverence of the Roman Church they might be the more respected in their own Jurisdiction and sometimes the more easily advance themselves above their Competitors Sometimes the Popes sent Legats into other Diocesses with such modesty that they had Authority to attempt nothing without concurrence of the Bishops or Synod of that Countrey Albeit these Legations were partly good and just and at the worst were tollerable yet they were not potestativae or imperious but charitativae or exhortatory nevertheless the Popes brought the Churches and Bishops into subjection by such means for afterwards they were sent only for ambitious Usurpation Covetousness and Worldly Affairs The ordinary Legats at Pisa Romandiola Bononia Ferrara Avignon and if there be any other such are Provincial Deputies Praetores or Vice-Roys The Nuncio's at the Court of the Emperor or of any King Prince or State are Ambassadors or Spies for Secular Affairs The Affairs of any Church that are gainful if they be of less account are reserved unto the Judgment of the Nuncio yet not definitively but to be determined at Rome And things of greater importance are wholly reserved for the Court of Rome The Ancient Bishops of Rome did severely injoyn their Legats to acknowledge duly the inferior Bishops within their own Jurisdiction but now they pass by the Metropolitans and draw all Actions unto themselves and the Court of Rome Likewise their Ambition and Avarice have so provoked some Nations that they will scarce âit any Legat as Sicily and France have intrenched their Office ââe particultrs are more largely written by Antonius de Dominis âhbishop of Spalato de Republ. Ecclesiast lib. 4. cap. 12. âf these some had the Titles and Ensigns others the power of âats or more without the Title or Badges Some were sent âessively into England Wales Ireland France and elsewhere âublish Popes Excommunications Interdicts Bulls Croisados âms Suspensions Citations Mandats c. to and against Emâââors Kings Princes Bishops Abbots Priors and all sorts of âsons to exact collect Moneys Pillage Sacred Churches âânasteries Mansions founded by our devout simple Ancestors for ââief of the poor of Strangers and Sustentation of Religious âârsons c. ât was an Ancient Priviledge of the Kings of England and Scotâââd that no Legat à latere should come into any of
Lay-subjects who greatly stomached this Indignity offered to the King The Pope fearing two such Potentates as the Kings of England and France Mat. Paris Hist Angl. fol. 1 4 135. determineth to labour a Reconciliation betwixt the King and the Archbishop and to make the French King a Mediator for the Archbishop This he effected and brought the two Kings together at Paris Thither also came Thomas Becket who being come into the King's presence falling down upon his knees used these words My Lord and Soveraign I do here commit unto your own judgment the Cause and Controversie between us so far forth as I may salvo honore Dei savâng the honour of God The King being much offended with that last Expression Salvo honore Dei turned himself about unto the French King and said See you not how he goeth about to delude me with this Clause Saving the honour of God for whatsoever shall displease him he will by and by alledge to be prejudicial to the honour of God But this I will say to you Godwin's Catalogue of English Bishops whereas there have been Kiâgs of England many before me whereof some were peradventure of greater power than I the most far less and again many Archbishops befâre this man holy and notable men Look what Duty was ever performed by the greatest Archbishop that ever was to the weakest and simplest of my Predecessors Hereunto the Archbishop answered cunningly and stoutly That the times were altered his Predecessors which could not bring all things to pass at the first dash were content to bear with many things and that as men they fell and omitted their Duty often times that what the Church had gotten was by the diligence of good Prelates whose Example he would follow thus far forth as that if he could not augment the Priviledges of the Church in his time yet ye would never consent they should be diminished This Answer being heard all Men cried shame upon him imputing the cause of these stirs upon him and so they parted at that time without reconciliation Another instance I will give namely that of Cardinal Pool who in the Dispensation granted to the Realm in the time of Queen Mary for determining Church Lands c. Doth therein plainly declare that it was of favour and in regard of the Peace of the Realm that he so dispensed otherwise all Laws made in derogation of the Churches Rights were void SECT 3. The King forbidden to levy Subsidies upon the Clergy So are his Laws in c. adversus Ext. de Immunitate Ecclesiarum c. 1. de Immunit Ecclesiar in sexto c. Clericis eâdem 3. The Pope dischargeth the Clergy from all Payments of Money imposed by any Temporal Prince be it by way of Taxe or of Subsidy or for what necessity of his Realm soever except the Pope be first made privy thereto and give his assent And Clerks yielding to such Imposition do thereby fall into the Popes Curse Roger Hovâden Annal pars posterior p. â11 817 Matth Paris p. 146 157 194 Holmshed p. 1â 163 170 Godwin in hâs Life King John demanding of his Subjects as well Spiritual as Temporal a thirteenth part of their Goods and Chattels Geoffery Plantaginet Archbishop of York the Kings base Brother opposed it So saith Mr. Prynne out of divers Authors That he obstructed the levying of Carvage demanded and granted to the King by common consent and paid by all others on the Demesne Lands of his Church or Tenants beating the Sheriff of York's Servants excommunicating the Sheriff himself by Name with all his Aiders and interdicted his whole Province of York for attempting to levy it Wherefore the King incensed for these intollerable Affronts summoned him to answer these high Contempts his not going over with him into Normandy when summoned and also to pay him 3000 Marks due to his Brother King Richard and by his Writs commanded all the Archbishops Servants where-ever they were found to be imprisoned as they were for beating the Sheriffs Officers and denying to give the King any of the Archbishops Wine passing through York summoned Geoffery into his Court to answer all these Contempts and âssued Writs to the Sheriff of Yorkshire to seize all his Goods Temporalties and to return them into the Exchequer which was executed accordingly The King and Queen repairing to York the next Mid-Lent the Archbishop upon more sober thoughts made his Peace with the King submitted to pay such a Fine for his Offences as four Bishops and four Barons elected by them should adjudge and absolved William de Stutvil the Sheriff and James de Paterna whom he had excommunicated and recalled his former Interdict King Edward the First was in a like case resisted by means of Robert Kilwarby Archbishop of Canterbury For when the King in Parliament holden at St. Edmonds-bury demanded there a Subsidy of his Subjects the Temporalty yielded an Eighth part of the Goods of Citizens and Burgesses and of other Lay Persons the twelfth part but the Clergy encouraged by the Archbishop This is repârted by William Thorn a Monk of Canterbury who had procured from Pope Boniface the VIII Immunity from Subsidies which I take to be the same that is before recited Ex. c. 1. de Immunitate Ecclesiarum in Sexto refused to yield any thing whereupon the King called another Parliament at London without the Clergy where the Goods of the whole Clergy were declared to be forfeited to the King so as afterwards most of the Clergy were content with any condition to redeem that forfeiture SECT IV. 4. Subjects Armed against their Soveraign The Kings own Subjects were by the Pope armed with Censures of Excommunication Interdiction c. by them to be denounced against him for redress of such wrongs as it pleaseth them to take themselves injured by Pope Innocent IV. hath decreed that a Prelate having wrong offered him by a Temporal Judge may defend himself with the Spiritual Sword of Excommunication c. Dilecto De sententia Excommunicationis in Sexto In the Fortieth year of King Henry the Third Boniface Archbishop of Canterbury made a large Constitution wherein he setteth forth how the Clergy shall proceed against the King by whose Writ a Clerk is called in his Court to answer for Matters pertaining to the Ecclesiastical Judge and declareth that it shall be lawful to interdict all the Kings Lands and Possessions This Archbishop had summoned a Council of Bishops and Archdeacons that like the Martyr Thomas saith Matthew Paris he might encounter the Enemies and Rebels of the Church and be a Wall of Defence unto it as was pretended The King directed his Prohibitions to him and the Bishops not to meet in this Council which they contemn The Articles and Canons made in that Council were against the Kings Prerogative Ecclesiastical and Temporal his Temporal Judges Courts Laws Prohibitions Writs and Judgments Exempting of themselves their Clerks Officers Lands and Goods from their Secular Jurisdiction
that in it the Pope began to authorize Perjury and to dispense from Oaths See the 6th Question of the 15th Cause of the Decree which is full of such Examples But leaving this let us return to the Matter in hand how Thomas Becket was discharged of his Oath it hath been shewn before and the Examples be many of Subjects that have sought and obtained like Liberty at the Popes hands in matter of their Allegiance and Duty promised by Oath King John had taken an Oath to observe the Laws of King Henry the First of Edward the Confessor and the great Charter of Liberties but he violated this Oath and was absolved from it soon after by the Pope And we find that Pope Vrban the Fourth absolved King Henry the Third from his Oath made to his Subjects for the observation of certain Articles Mat. Paris fol. 1322. called The Provisions of Oxford whereâo he had condescended after long trouble for the peace and quiet of his People Pope Clement the V also did the like to King Edward the First touching his Oath which he had made to the Barons of this Realm Thomas Waisingham f. 61. SECT 11. 11. Princes Wars examined by the Pope c. Sicut extra in Jurejurando The Pope taketh upon him Authority to Examine Princes Titles and the Causes of their Wars and to compound their Controversies at his pleasure compelling them to abide his Order upon pain of Excommunication Interdiction c. A matter very dangerous considering the Corruption of Just ce in that See whereof there be so many Examples in Histories as would fill a large Treatise and that the Pope can hardly be indifferent his Affairs and State being such as they are for the most part linked with the one part or the other The claim of this Authorlty appeareth in c. Tram. Extra de ordine Cognition David Prince of North Wales having Wars with King Henry III committed himself his People and his Land into the hands of the Pope promising to hold his Right of him and to pay Five hundred Marks by the year Several Charters were made to the King by the Prince and Nobles of North Wales ratified by their Oaths and voluntary Submissions to Ecclesiastical Censures of Excommunication and Interdict by the Bishops therein nominated in case of Violation Matth. Paris p. 606 607. Mat. Westm p. 180 181 182. And the manner of his Oath is set down by Matth. Paris Et ad omnia firmiter tenenda Ego David juravi super crucem sanctam quam coram me feci deportari And firmly to hold all these things I David have sworn upon the Holy Cross which I have caused to be carried before me And the Reverend Father Howel Bishop of St. Asaph at my request saith David hath firmly promised in his Order that he will do all these things aforesaid and procure them to be observed by all the means that he can And Ednevet Wagan at my Command sware the same thing upon the Cross aforesaid But the Pope layeth hold of the Cause the Controversie being committed by him unto two of his Clergy Matth. Paris fol. 880 881. The King was called before them to answer David's complaint which the King seeing how small likelihood there was of Indifferency refused to do King Edward the First having war with Scotland and being far entred into the Land was by Commandement of the Pope enjoyned to leave off his wars against that Realm upon pretence that Scotland and the people thereof were by his special exemption discharged from all Authority of other Princes and appertained to his See Thomas Walsingham addeth That the King refusing thus to be ordered was moved thereto again by the Pope and commanded to receive Order by way of Justice in his Court The King having received Pope Boniface's Letters assembleth a Parliament at Lincoln by whose advice he addresseth Letters Responsal to the Pope And the Lords Temporal in the name of the whole Parliament answered the Pope That the King of England ought by no means to answer in judgement in any Case nor should bring his Rights into doubt nor ought to send any Proctors or Messengers to the Pope c. And that they will not suffer their Lord the King to do or by any means to attempt the premisses being so unaccustomed and not heard of before Dated at Lincoln in the year 1301 in the 28th year of the Reign of King Edward the First Walsingham fol. 41. But the same King in time of war with the French King was required on the behalf of Pope Boniface VIII by his Legat to put their whole quarrel to be by way of Arbitrament decided by the Pope And further he was enjoyned upon pain of Excommunication to take truce with the French King for two years whereto he gave place saith Thomas Walsingham SECT 12. 12. Another Grievance was Subjects departure out of the Realm against the Kings will The departure of Prelats and other of âhe Clergy forth of the Realm and leaving the service thereof against âhe Kings will Of which sort some voluntarily have gone upon coâour of devotion as Anselm Archbishop of Canterbury in the time of King William Rufus notwithstanding that he was expresly forbidden by the King and told that if he went he should no more return into his Realm departed from hence pretending that he went Matth. Paris fol. 29. Ad Visitandum Limina Apostolorum To visit the Thresholds of the Apostles It may be he pretended his Oath for at that time Bishops used to bind themselves by Oath that once every year they should visit the See of Rome except they be otherwise dispensed withal which Oath by the Canon Law is now taken by every Popish Bishop Ego N Episcopus N. ab hac hora in antea fidelis obediens ero beato Peâro sanctaeque Apostolicae Romà nae Ecclesiae ac Domino nostro S. P. suisque Successoribus canonice intrantibus Non ero in consilio aut consensu vel facto ut vitam perdant aut membrum seu capiantur mala captione c. Others again have been called forth of the Realm to the Pope's service as Peter Bishop of Winchester in the time of King Henry the Third was called to Rome by the Pope pretending that he would imâloy him in compounding certain differences which were betwixt him and the Inhabitants of Rome and betwixt him and the Grecians But truly as Matthew Paris noteth the Pope knew him to be a very rich Bishop and therefore sent for him to Rome to assist him Matth. Paris fol. 549. not only with his Advice in his Military Affairs but also with his Purse against the Romans and Grecians And the Pope having made as much of him as he could for those ends importuned the King for his return into England which the King assenting to wrote thus to the Pope and Bishop Domino Papae Rex Claus 15 H 3. Part. 2. memb 2. intus
unite appropriate divide such Livings and do many strange things else about them no cause appearing to any man but his own will The Popes Legates also procured of the Kings of England Stipends and Provisions of good value out of Ecclesiastical Benefices and other Dignities Rustand the Popes Legate being in Favour with King Henry the Third procured from him besides the Livings he obtained by the Popes Provisions a Grant of Provisions out of the Ecclesiastical Benefices Dignities and Prependaries which should first happen in his own Gift amounting to 300 Marks by the year to be preferred before all others formerly granted by him one only excepted SECT 16. Souldiers mustered and sent out of the Realm 16. Soulders have been Mustered and sent to Foreign Wars out of the Realm upon the Popes Commandment which Case hapned in the time of King Richard the Second the Pope gathering within this Realm a Band of Souldiers for the Wars of the Holy Land and appointing them for their Captain the Bishop of Norwich The Realm generally misliked that their Souldiers should be committed to the Guidance of an Ecclesiastical Person unacquainted with the Wars and therefore resisted for awhile but at length suddenly yielded upon a superstitious Conceit taken in their Heads The Croisado's for the Relief of the Holy Land was a Papal Cheat for Popes and others to pick simple Christians Purses for Popes Designs to maintain Wars against Christian Emperors and Princes the Greek Church and the Albigenses detesting and opposing Papal Usurpations and Corruptions to inthral depose and murder them So great was Pope Innocent's Animosity against the Emperor Frederick that when Forces of the Croisado came out of France or England or other parts to sail into Syria to defend Jerusalem and the Holy Sepulchre against the Saracens he stopt them and gave them the same Graces and Indulgences as if they had performed the Journey into the Holy Land upon Condition that they should turn their Armes against Frederick whose Power lay upon him because he stiffly maintained the Rights of the Empire The Pope proceeded so far as to give the Empire to Robert Brother of Lewis IX King of France upon condition that he should conquer it But Robert sent his Present back to the Pope both because he sent him no Money to furnish him for that Conquest and because he found it very strange that the Pope would give that which was none of his Also because he shewed himself an Enemy to a great and vertuous Prince who had done and suffered so much bravely fighting for the Cause of the Christians against the Infidels Then he added That the Popes are lavish of the Blood of others and that their end is to tread all the Princes of the world under their feet and to put on the Horns of Pride Mean-while persecution grew sore against those whom they called Vaudeois and Albigenses against whom the Pope caused the Croâsado to be preached and an infinite number of them to be massacred Pope Gregory IX who compiled the Decretals needing Money for his War against the Emperor Frederick sent a Legat into Engâand named Stephen who exacted a tenth part of all their moveâble Goods that is of all their Flocks Rents Fruits Wares Offerings and Gifts to the Church And the said Legat had power âo Excomunicate all that should refuse to pay and to put the Churches in Interdict He injoyned the Prelates upon pain of Exâommunication to make that Collection speedily and without âelay All that should cross that Holy Work he Excommunicated âpso facto He would be paid in new Coin and of good Weight He took the Tithe even of the Corn in the first Blade that is of âhe Crop of the year after In these Exactions he was so urgent and griping that the Parishes were forced to engage the Chalices and Church-Plate to satisfie his Covetousness And he had certain Usurers with him who lent Money upon double use to those who had no ready Money This caused a great Clamour and Lamentation over all the Countrey but without effect The Money was imployed by the Pope in inâading many Towns belonging to the Emperor in Italy And the Emperor could not defend them because he was ingaged against âhe Saracens in the Levant where he took Jerusalem and put the Affairs of the Christians in a flourishing Estate And it is probable âhat he had utterly destroyed the Saracens if the Injuries which he âeceived from the Pope had not re-called him For the Emperor making a League for ten years with the Saracens and returning ânexpectedly from the Holy Lând Mat. Paris p. 351 352. Matth Westm p. 128 129. interrupted the Popes proceedângs and soon recovered all his Castles so that the Pope was âorced by meditation of Friends to stoop to the Emperor and make his Peace with him beyond all Expectation Scarce was the Collection ended made by Stephen the Legate when Pope Gregory inventing Extortions grounded upon fair Reaâons sent Nuncios with power of Legats who by Sermons Exâortations and Excommunications brought an infinite number of English Men to Mendicity and turned them out of their Houses This was done under a pretence of contributing to the expence of the Holy War of which himself hindered the success and yet he promised to them that should contribute Money for it the remission of âll their sins and to them that should go in Person an Augmentation of Glory yet the Pope never gave any part of the Money raised âor that expedition to any Prince that paid Armies and sought âor that Quarrel All was thrown into the Popes Coffers as into ãâã Gulph and by him imployed to make War against Frederick for he presently broke the Covenant sworn unto him The Treasure of the Realm spent in the Popes Wars Mat. Paris fol. 703 704. Moreover Wars made by the Pope were oftentimes supported at the Charges of Forreign Countreys the Pope bearing them in hand that they were the Wars of the Church and therefore did in common concern every of their States and Interests under which colour large Contributions have been drawn out of this Realm In the year 1240 the Pope forced all Aliens within this Realm to contribute to the Wars against Frederick the fifth part of the Revenues of their Spiritual Livings and in the same year took another fifth part of all Bishopricks to the same use The Pope ceased not thus but immediately commanded new Collections to be made still pretending his Wars with the Emperor against which Commandment the Clergy made divers Exceptions which are at large set down by Matth. Paris fol. 714. and 7â5 Idem 1219. In the year 1255 Alexander IV. sent a Legate into the Realm who exacted the tenth part of all the Goods and Chatels in England Scotland and Ireland pretending the Church-wars against Manfred who had invaded the Kingdom of Naples which the Pope claimed to appertain to his See SECT 17. Sometimes again great sums were levyed
by and given unto Legats Popâ Innocentius sent one Martin into England for his Legat Rewards given to Legats who waâ not ashamed to demand Plate Geldings and other Reward without measure And if those things wherewith he was presented liked him not Mat. Paris f. 870. he would proudly send them back to their Ownerâ and threaten them with Excommunications except they broughâ him better And other Examples in the same Authors there weââ divers Rich Presents were sent unto the Legats The Bishop of Wiâton presented Otho with Fifty fat Oxen One hundred Quarters oâ the best Wheat and Eight Tun of the strongest Wine for his Table Others presented him with handsome Palfreys rich Vessels Furrs Vestments and divers other Provisions of Meat and Drink Again the charge of the ordinary Entertainments of a Legat waâ a great matter for all his Charges were born by the Realm Whaâ those Expences might grow unto may be conjectured by one demand of Procurations made by the said Otho which yet was buâ a piece of his Allowance for in the year 1240 giving notice to the Clergy that he must tarry in the Realm some time longer than at first was assigned unto him in which space he was not to spend of his own commanded a second Levy of Procurations to be made Mat. Paris fol. 702. wherein he made shew of some favour more than was ordinary giving to understand that he meant not to receive of any Church above four Marks and where the Churches were poor he would be content that two Churches should joyn in contributing those four Marks The use of Legats What benefit the Realm received for all these charges upon the Legats the Monuments of two of the chief of these Legats Otho and Ottobon I mean their Legantine Constitutions which were the fruits of their Reformation do well shew They contain Matter of little or no moment in the World and such as every Bishop in his Diocess might have ordered well enough viz. Triffles about Citations Proxies and other small matters Danger by the stay of Legats in the Realm Nich Machiavel History of Florence Moreover their long abode and lingering in Countreys cannot but be dangerous to the States where they come because having opportunity to know the secrets of the Realm they bestow that knowledge often times unhappily being persons imployed in âore Countreys than one and often where discovery of such âecrets proveth perillous to those Realms where they have served âefore Nicholas Machiavel that great States Man in his Hiââory of Florence noteth of his time that the most of all the Wars ând Garboiles in Christendom were kindled by the Whisperings of ââe Popes Legats SECT 19. 19. It is also proved by the Canon Law Original Suits at Rome that any Ecclesiastical âuit may be commenced Originally at Rome This cannot be void of great charges to the Subject and is very âainful to the See of Rome and the Charge lieth not alone in the long Travel thither and tedious Attendance upon that Court but in âhe Cumbersomness of many intricate Questions arising upon Commissions sometimes one crossing another and sometimes doubtfully âenned sometimes again controlled by colour of wrong Suggestion ând a great number of ways besides whereof the Decretals are full ând most of them are directed to Bishops of this Realm which beâokeneth that this Plague hath touched our English People more than âny other The Subjects were constrained to follow the Popes Consistory for âheir right and there to waste themselves in Suit in such wise that one Case of England was thirty years depending in Rome Ante litem contestatam as Speculator writeth And the case between the Archbishop of Canterbury and the Archbishop of York for the Controversie whether the Archbishop of York might have Cross born before him within the Diocess of Canterbury a goodly Matter for Bishops to contend about did hang many years in the Court of Rome And likewise the Case between the Bishop of Worcester and the Abbot of Evesham âor the Vale of Eveshâm The Decretals are full of English Cases decreed even as the parties found favour in the Court of Rome And the poor Cause of Matrimony of Cetwood did hang in Rome and was reserved there by Act of Parliament and never was decided And that very point was the occasion that King Henry VIII did look into the Usurpation of Rome because the Pope would needs Excommunicate the King for not answering in his own Case at Rome as is notably discovered by Bellay in his Memoires Bellay in Memoires who was the Ambassador for the French King in England and was sent of purpose to Rome to stay the Excommunication and could not get six dayâ respite and yet withân these six days the Messenger came with Instructions to have appeased the Matter SECT 20. Great sums carried out of the Realm for Dispensations What infinite Treasure was there carried out of the Realm by thâ Pope's Collectors and by Bankers for Bulls and Dispensations ãâã man can tell Therefore the French King hath many times made Edicts against the Carrying out of Money for Bulls out of France aâ of a thing that spoiled the Realm of their Treasure using the Terâ Epuiser les Treasors du Royaume as a man doth draw the water of ãâã Well to dry up the Water The Sums that were yearly made of Dispensations and Absolution in Cases reserved were infinite as also of Pardons and Indulgenceâ and other Faculties It appeareth by the Book of Taxes made foâ Dispensations in the Reign of Henry VIII that there were founâ Two hundred and sixteen Letters of Dispensations given by thâ Pope and that the Taxe of some of them were Two hundred Marks of others an Hundred Pounds c. Tho. Walsingham fol. 257. Thomas Walsingham writeth That in the time of King Richard thâ Second one Pileus the Pope's Legate made such a Market witâ Sale of Faculties that his Officers that were about him in that Service grew weary of taking Silver and did not stick to say Thââ they had Silver enough and therefore would not afterwards be paid foâ their Wares in any Coin but in Gold Robert Grosted Bishop of Lincoln being suspended his Bishoprick for opposing the Pope's Provisions Matth. Paris fol. 1145. Anno 1252. and trampling them under hiâ feet caused his Clerks to take a view of all the Spiritual Livings oâ Aliens in this Realm and to make a diligent Inquiry to what an Annual Sum they amounted unto who found them to exceed above Seventy thousand Marks And it may be easily collected what the Pope's Share was in those Gifts What the ordinary Payments were that were yearly made to the See of Rome he that shall make the strictest Inquisition shall hardly understand SECT 21. The Kingdom of England being daily oppressed with many intollerable Grievances and divers new Devices to extort Moneys more than before in the dayes of King Henry the Third
in divers Churches thorowout the whole year 7. Moreover Every Friday of the Moneth of March and in the days of the Invention and Exaltation of the Cross saying over the Corona or Beads or the Office of the Cross and upon Good-Friday the Seven Psalms with the Litanies being confessed or having purposed to be confest as soon as they may shall obtain therefore all the Indulgences of the Holy Sepulchre at Jerusalem of St. Cross in Rome of the Holy Chappel in Paris and all the places where any Râlictâ be of our Saviour Christ's Passion 8. Item Upon All-souls day saying over the Beads with Contrition and being present at the Service said for the Departed out of thiâ Life or at the least hearing a Mass or saying over or causing one to be said shall deliver one soul out of the Pains of Purgatory Every Monday also he that saith over his Beads or Dirige for the Departed out of this Life shall obtain the same Indulgenceâ which be obtained in Rome for Visiting Holy places for that purpose 9. Item Every Sunday and Friday saying over the Beads for âhe increase of all Orders of Religion of Cathedral Churches Cural and others namely Tramontaines they shall be partakers of all the Prayers and Sacrifices of the same as though they were corporally present with them praying also for the Indans and parts without Europe they shall be partakers of their well-doing which travel in those Countreys in the Vineyard of God 10. Item It is granted That for once or twice an Unhallowed Grain or Bead may be put in the place of an Hallowed Bead or Grain if it be lost or broken and have the same Indulgences The Conclusion is in this manner Laus Deo Virginique Matri Praise be to God and the Virgin-Mother 16. Hereto may be added the Special Pardons and Bulls given to special Places of Pilgrimage and the advancing of new found Miracles and Pilgrimages with new granted Bulls and Pardons There is no Church of note among them no notorious Image to which Men go on Pilgrimage no Author of any new Sect scarce any Reâigious House which is not famous by one or more pretended Miracles If a man will trouble himself to read the Lives of their Saints their Legends and Books of the like nature he shall tire out himself with the Reports of Miracles far more strange than we can read of any in the Scripture Bellarmine glorieth in the daily Tydings of Miracles wrought by the Jesuits which are brought to Rome Large Narrations are of the Miracles of Navierius a famous Jesuite of our Lady of Mountaign of our Lady of Hall in the Low Countries and of many other such Idols Almost a mans life were too little to read over all of this kind and now more multiplied than ever heretofore And we may suspect their Miracles when divers of their own Authors have called in question the truth of them Lyranus saith That people are much deceived by Miracles made by Priests and their Fellows for worldly gain Alexander Hales a great Schoolman saith That they make sometime Flesh to appear in the Sacrament partly Humana procuratione interdum operatione Diabolica by humane procurement and sometimes by the working of the Devil And Claudius Espencaeus sometime Bishop of Paris saith No stable is so full of dung as their Legends are of Fables in this kind And Canus in hiâ Common Places saith That in the Legend a man shall read Monsâââ Miraculorum Thus I say The words of divers eminent Men of their own side do make us suspect their Miracles to be but Tales Many of the things themselves in common conceiving are ridiculous as that old Tale of St. Dionysius that carried his Head in his hand after it was strucken off Of Clement the First that when he was cast into the Sea with a Milstone about his Neck the Sea fled three miles from the Shore and there was found a little Chappel ready built in the Sea where his Body was Bestowed I have also read of another who stuck his Staff down by him at the Bank-side which kept the River from over-flowing the Banks and soon after it sprang up and spread it self into a mighty Tree There are a world of such Tales enough to weary any one to recite them And yet even such as these had Bulls and Indulgences granted to them 17. The special Jurisdictions and Exemptions that one Bishop and Abbot procured above another 18. Their providing that no Condemned Clerk might be Executed SECT 23. In this state as hath been expressed this Realm stood for the most part by the space of 300 years after the Conquest The times that followed were somewhat freed from certain degrees of the Popes Tyranny by reason that the Kings of this Realm armed themselves with Laws made in defence of some of their ancient Liberties and Executed others with better Courage than their Predecessors But I doubt if God for our sins should cast us again under his Yoke none of those Laws would save us from the extreamest of all those mischiefs which I have here set down My Reasons are 1. The Popes are no Changelings but were the same after those Statutes and are the same men that they were before and to put us out of doubt made continual claim to their Usurped Authority in the time of the later Princes For in the Reign of King Henry V. Pope Martin the Fifth sent to levy a Subsidy upon the Clergy of this Land for maintenance of his Wars against the Bohemians And he made Henry Beaufort the rich Cardinal of Winchester his Legat for these Wars who did valiantly there for certain moneths together assisted with the foresaid Subsidy until he was re-called by the Pope And two other Subsidies were afterwards required to persecute two private persons of this Realm viz. Peter Clerk Fox Acts and Monuments and William Rusâ In the time of King Henry VI. the Cardinal of Winchester notwithââânding the Statute against Provision procured the Popes Bull to ââe again his Bishoprick of Winchester which he had lost by his Carâalship and after obtained a Pardon from the Pope against the peâty of the Statute And in the same Prince's Reign Lewes Archbishop of Roan after ãâã death of the Bishop of Ely had all the Fruits and Revenues of ât Bishoprick granted unto him during life but was therein reâed by the King Other Examples there be of like sort 2. In the last Council of Trent Concil Trident. Sess 5. c. 18â there is a special Constitution for âestitution of all Ecclesiastical Liberties and therein the Emperour ãâã Kings Princes and States are commanded that they see them âotected The Title of Ecclesiastical Liberties reacheth to every of the âints before touched and therefore we may conjecture what ãâã are to look for 3. The Pope yearly publisheth one Excommunication which is âled Bulla de Coena wherein by Name are comprised all that âany let to such as would prosecute any Suit at Rome or that âfer not the Popes Bulls Commissions and other Processes âatsoever to be executed And all that execute any Statutes Degative to the Liberties of Rome be the custom to the contrary âver so ancient and such as impose Tenths Subsidies upon the âergy or receive them at their hands with good consent exâot the Pope allow thereof and those also which force any Ecââsiastical Person to answer before them in Criminal Causes beââg Lay-Judges c. So saith Martinus ab Azpil in Enchyridion ãâã 27. Which Book was made by the special Commandement of âope Gregory XIII The warning given us by Bulls published in âeen Elizabeths Reign assureth us that if he may have place âain he meaneth not to dally with us 4. Some of our unnatural Countrey-men in some desperate Books ãâã theirs long since cast abroad against the Execution of Justice ââve not spared to tell us that the Laws made in Catholick ââes viz. the Statute of Praemunire and some other were bad ââws and not to be allowed And again there were found âon some which came in Queen Elizabeths time to disturb the âace of this Realm small Pamphlets containing Directions as ââey would have them taken for Mens Consciences wherein they ââlivered many things to trouble those persons whose Consciences were possibly in those Points stayed in confidence of the ãâã Laws of this Realm and upon some Grants made by the ãâã himself 5. The Pope hath challenged a Soveraignty over this Realm bestow it where he listeth as feudary unto himself having foâmerly received a Tribute viz. The Peter-pence which was ãâã times of Popery of every House a penny Whereby Bâdiu in ãâã Book de Republica argueth that the Realm of England is not Soveraign Estate not to speak of the yearly Tribute paid unto thâ Pope by King John and some other Princes his Successors Thâ may serve the Pope for a mean to bridle all the Old Statutes anâ the Liberties of our Countrey and to spoil the Prince of all ãâã Prerogatives We know how he dealt with Sicily and Naplââ long agone wherein it were an hard matter for the proudest ãâã his side to justifie his Title And that he hath put out and put ãâã Kings at his will and sometime offered their Kingdoms to salâ And from King Henry the Third by the shadow of a bare Title the Pope got infinite sums of Money to the great exhausting ãâã his Treasure and impoverishing of the Realm When Stukeley and Fitz-moris were at Rome they and the Poâ practiced to give this Realm in Prey as he did the Kingdom ãâã Navarre and the Empire from the Emperor Frederick and also ãâã get an Investiture of the Realm of Ireland from the Pope as of Soveraign but they could not agree upon whom the Pope shouââ bestow that Realm FINIS