never come empty handed and this was very frequently injoined to others in such or the like cases Now for the particulars of these Appeals I could produce a multitude of instances and Cases but designing brevity I had rather refer you to Mat. Paris and others who are not sparing therein I shall only upon this Head further note that not only many particular persons were ruin'd and undone by reason of the great expenses they were put unto upon this account at Rome but also many religious Houses and Covents became by that means so impoverished that they would certainly have been utterly broken and dissolved if some extraordinary courses had not been taken for their support as once the Abbot Par. 3 Ed. 1. m. 13. Pre Abbate Conventu de Fevâ—â—sham and Covent of Feversham being greatly indebted to Merchants Usurers and others by reason of their vast ex ences at Rome the King by his Soveraign Authority to preserve them and their House from ruine took them with all their Possessions Fulco Peyforer Hamon Doges Lands Goods and Chattles into his special protection and committed them to the management of certain persons for the discharge of their debts and their necessary support as appears by the Patent for that purpose yet to be seen but too large to be here inserted Lambert Peromb in Feversham Note it was the Monks of this Abby of Feversham that once contended in a Controversie with King John both by way of Appeal to Rome and by force of Arms against the Sheriff and the Posse Comitatus but had the ill fortune to be worsted at every turn The like Protection and Provision in the same form and for the same reason was granted and made by King Ed. 1. to the Abbots and Covents of Bordesley and Bynedon And also to the Prior and Covent of Thornholm but the custody of them their Lands and Goods were granted to other persons CHAP. VI. Dispensations DIspensations Vid. Centum gravamina Gâ—rm An. D. 1521. and Absolutions from cases reserved and Faculties were other great means of drawing vast summs of money hence to Rome And for the managing and dispencing of these the Popes had their Ministers Officers and Courts ready to make out and grant these Dispensations to such as had occasion or to whom it would be a convenience to purchase them and that in a multitude of cases As to Dispence with one man to hold two Bishopricks or a Plurality of Benefices To make Infants capable of Benefices and Offices To Legitimate Bastards To qualifie persons to marry within the degrees prohibited by the Canons or by God's Law To lay aside Habits of Professions Regular to revert to a secular State To give liberty to live without Rules Order and Discipline which had bin entered into For liberty not to keep rash or prejudicial Oaths To eat Flesh at times ordinarily forbidden To wave the performance of Vows To rescind contracts marriages and covenants And innumerable other the like cases in which exact care was taken that the party purchaser should be served to the height of his ability and the benefit of the Dispensation King Henry the third Matt. Paris in Hen. 3. swore to maintain Magna Charta and Charta de Foresta with other liberties of the People and for that had a great Subsidy given him but for money the Pope Dispenced with his Oath and then he would perform nothing Simon Montford Id. An. 1238. fo 471. Earl of Leicester marryed the Daughter of King John named Elianor who was professed in Religion at which King Henry the third and others being offended the Earl posts to Rome and there effusa promissa infinita pecunia as the Historian hath it he obtained of the Pope to give Order to his Legate Otho to give sentence for the marriage John of Gaunt Tho. Walsing in E. 3. An. 1359. Cambd. An. Eliz. fo 2. Sr. Fr. Bacon Hist Hen. 7. fo 199. by a like Dispensation marryed his Cousin Blanch. King Hen. 8. Marryed his Brothers Widdow by such a Dispensation not cheaply obtained for a noble Author sayes the Pope was very difficil in granting it not for want of power I suppose but to scrue the more money out of the Royal Purchaser It was Pope Julius the Second that gave this Dispensation But asterwards the validity of the Marriage upon such a Dispensation being questioned as being directly against the Scripture Pope Clement 7. at the instance of King Henry Hist Cont. Trid lib. 1. fâ— 68. Camb. Speed c. sent Cardinal Campeggio into England framing a Bull or Breve to dissolve the King's marriage with Queen Catharine to be published when some few proofs were passed which were made ready and to give liberty to the King to marry another But afterwards the Pope conceiving it would disgust the Emperour who was Katharines near Kinsman he sent another Nuntio to Campeggio with order to burn the Bull and to proceed slowly in the cause Resolving like his Predecessor to make the best advantages he could of the plenitude of his power But the King perceiving the juggling went another way to work and how he procured his marriage to be vacated our Histories and Records testifie Also Charls the fifth Emperour procured a marriage between Philip his Son and Mary Queen of England by a Dispensation from Pope Julius the third because they were allyed in the third degree and that Charls himself had contracted to marry her when he was under age Camb. Annal. Eliz. And after her death King Philip desirous to keep his interest in England treated seriously of a marriage with Queen Elizabeth his late wives sister with promise to obtain a special Dispensation from the Pope which the French King laboured secretly to hinder but the Queen gave him a repulse By vertue of these Dispensations it is Sr. Edw. Sâ—nds Earop Spec. 〈◊〉 that the House of Austria for some reasons of State marry all amongst themselves so continuing all of the same family or as limbs of the same body Whereby Philip the second of Spain might have called the Archduke Albert both Brother Cousin Nephew and Son for he was so either by blood or affinity being Uncle to himself Cousin-german to his Father Husband to his Sister and Father to his Wife And it so hapned that by reason of the multitude of Canons as were put forth by divers Popes of restrictions and limitations very few Princely Families in Europe could at any time intermarry without Dispensations from such or such a Canon and then let the Pope alone for setting his own rates and prices upon his own Instruments As great summs of money came thus to the Popes upon their Dispensations in point of marriage So frequently they made their advantages by dispensing with promises Vows and Oaths How King Henry the third obtained a Dispensation about Magna-Charta we have touched before And that power claimed and exercised by the Popes made
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
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
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
Guardians and Chiefs without framing or proposing any more doubts subtilties or scruples With all this contained in a very fair Bull the Delegates and Agents returned home And the Guardians and Chiefs of the Order in pursuance thereof applyed themselves to order and settle these matters But then besides the differences that arose amongst themselves when ever they agreed on any thing those Fryers against whose Opinion it was carryed would quarrel insolently at it and would be so far from yielding conformity that they did not spare to revile their Superiours calling them Fools and Dunces for no better understanding the Text of St. Francis his Rule And in this disorder they continued a long time untill In the year 1323. in the time of Pope John the 22. who resided at Avignion the Guardians and superiours of the Order went to complain once more to his Holiness that the Fryers would not obey the Orders they had agreed upon by vertue of the Bull of Pope Clement and humbly prayed his Holiness further directions and aid therein Whereupon the Pope sent Summons to all those Fryers who refused to obey their Superior's Decrees in all those controverted points that they should either personally or by writing certifie the Reasons of their obstinacy and when these were come in the Pope assembled all his Cardinals in Conclave where the Allegations for and against the Fryer's disobedience were all canvassed and debated at large and many offers and proposals made for a final conclusion of all but nothing of that nature was accepted and no agreement there was like to be except the Pope would juridically and openly and plainly give his Sentence in the case And thereupon the Pope gave Order for his definitive Bull to be drawn up wherein in the first place he highly extolled the Bulls of his Predecessors the Popes Nicholas and Clement wondring why men should decline the import and â—enor of them and then for himself he ordained and declared That the vilitie of Habits should be measured by the custom of every Country and after gave power and Commission to the Guardians and Superiors of the Order as did Pope Clement to make a Rule for the longitude latitude colour thickness fashion substance and vility as well of the Tunics as the Hood and upon all other circumstances accidents and dependances upon the same commanding all the Fryers to obey the Rules that should be made without any more Objections Arguments or Contradictions But neither would this Third Bull do the business for men esteemed it in effect no more than what had bin order'd before without any fruit And so the heats and disputes continued amongst the Fryers as high as ever Nay some spared not to reflect on the Pope himself saying that he did not rightly understand the points in controversie Others that he used too many Councellors and that one honest Tailor if the Pope could have found him would better have inform'd how to stitch up these rents than the whole Conclave and the greatest Scandal was that if the Pope the Vice-deus the Oracle of Truth the unerring Head the infallible Guide could not settle and put an end to differences of such inferiour nature how could he did many say infallibly judge and determine in matters of Faith and the more sublime points of Religion about which there were such differences in the world But at last these heats amongst the Fryers were somewhat allayed and cool'd with time and the generality of the Order betook thmeselves to the White and Black Colours as they come purely from the Beast and thence the denomination to the white and black Fryers and some of them intermingled the two Colours and made a third and from them came the Grey Fryers And for the Garments and Hoods they came to wear them long and large only the difference about the Sleeves was never yet accorded for some wear strait and little Sleeves and others wear large and wide for some conveniences and of this sort was that Fryer who when he was Preaching against stealing had all the time a Goose in his Sleeve And thus though their Infallible Judge could not or would not put an end to these differences amongst his own Creatures with all his Decretals and Extravagants as those Bulls were called yet at this time we shall here to them all put a FINIS An Essay of the Supremacy of the King of England within his Majesty's Realms and Dominions IN our view of the resplendent Majesty of our Soveraign Lord the King of England it must needs fare with us as with a curious eye that looks on the Sun in its full luster thereby discovering its own weakness sooner than the nature of that Glorious Body being dazell'd if it gaze too long and scorched Excellens objectum destruit sensum if it approach too near such a refulgent and disproportion'd Object And therefore that I may proceed with Truth and safety in this affair I must make use of the Instruments of Law and the skreen of Authorities to direct and defend me in my intended progress therein In the first place therefore we are to know That the King of England hath two capacities in him viz. One as a natural Body being descended of the Blood Royal of this Realm and this Body is of the same nature with his Subjects Plowd Comment seig Barkly's Case fo 234. Id. Case de Duchy fo 213. and subject to Infirmity Death and the like The other as a Politick Body or Capacity so called because it is framed by the Policy of man and in this Capacity the King is esteemed to be Immortal not subject to Infirmity Death Nonage c. And therefore when a King of England dyes the Lawyers have a peculiar way of expressing the same not saying the Death of the King but the King's demise Demise le Roy. And therefore in respect of this Politick Capacity it is often said That the King of England never dyes and by the Law of England there can be no Interregnum for upon the King's Demise his lawful Successor is ipso facto King without any essential Ceremony or Act ex post facto to be done For the coronation is but a Royal ornament Calvin's Case fo 10 11. and solemnization of the Royal Descent but no part of the Title And all this may be collected from the Resolutions of all the Judges in the case of Watson and Clark Seminary Priests who with others Hill An. 1 Jac. Cok. Pl. Coron 7. entered into Treason against King James before his coronation So King Henry the sixth was not crowned untill the eighth year of his Raign and yet several men before his Coronation were Attaint of Treason and Felony as by the Records thereof it doth appear The Reasons and causes wherefore by the Policy of the Law the King of England is thus a Body Politick are three viz. First Causa Masestatis The King cannot give or take Calvin's Case fo
12. but by matter of Record and that in regard of the Dignity of his Person Secondly Causa Necessitatis as in case to avoyd the Attainder of him that hath Right to the Crown As if the right Heir to the Crown be Attaint of High Treason yet shall the Crown descend to him and eo instanti when it happens without any other reversal the Attainder is purged as it fell out in the Case of King Henry 7. lest in the interim 1 Hen. 7. fo 4. b. there should be an Interregnum which the Law of England will not suffer any more than nature doth a Vacuum As also by vertue of this Politick Capacity though the King be within Age yet he may make Leases and Grants and the same shall be valid for otherwise his revenue would decay and the King would not be able to reward service c. Thirdly Causa Vtilitatis As when Lands and Tenements or Possessions descend from his collateral Ancestors being Subjects as suppose from the Earl of March c. to the King the King is seised or possessed of them jure Coronae in his Politick Capacity and they shall go with the Crown And in this Capacity it was that Queen Elizabeth had and injoyed all that belonged to Queen Mary though they were but Sisters of the half Blood which no others could do And as the Crown of England is Descendible to the Heirs males yet when a King dies and leaves no Son but Daughters only the Crown and Dignity Royal descends to the Kings eldest Daughter alone and to her Posterity and so it hath bin declared by a Parliament for Regnum non est divisibile Stat. 25 Hen. 8. cap. 22. And there shall be no Possessio fratris of the Lands of the Crown for the quality of the Person doth in these and many other likes cases alter the descent So as all the Lands and Possessions whereof the King is seised or possessed jure coronae shall attend upon and follow the Crown unto whomsoever it shall Descend for the Crown and the Possessions of the same are concomitantia The naturall Body of the King being thus invested with his Politick and Royal Capacity we behold him as the Representative and Lieutenant of God Almighty who is King of Kings All Power is from God and Imperium non nisi Divino fato datur And therefore Plato did say That God did not appoint and establish men that is men of a common sort and sufficiency and purely Humane to rule and govern others cautiously to be understood but such as by some Divine touch singular vertue and gift of Heaven do excel others and therefore they are called Heroes and stand in Comparison with others as we may conceive of the Air which if we do compare with the Heavens it is a kind of Earth but if we compare it with the Earth it is then a kind of Heaven So of King's if we compare them with God Almighty they are but a kind of men but if we compare them with other men they are a kind of gods both intimated in that of the Psalmist I have said ye are gods but ye shall dye like men This Royal majesty of the King of England is replenished with plenary and undoubted Right and Authority to rule and govern all his Subjects and that in all Causes as well Ecclesiastical as Temporal For this Kingdom of England is a Soveraign Empire or Monarchy consisting of one Head the Soveraign or King and of a Body Politick the People and this Body is distinguished into the Clergy and the Laity all of them intirely Subject to their Royal Head the King who as before is said is furnished and instituted with an intire Authority over every Subject of what degree or quality soever and that in all causes Ecclesiastical and Temporal For otherwise the King would be imperfect in his Authority contrary to the true notion of Soveraignty and thereby disabled to deliver Justice in all causes to all his Subjects or to punish all crimes and offences within his Dominions a consideration of high import for the necessary security both of Prince and People But notwithstanding the full and Soveraign Right of the King to rule and govern all his Subjects and that in all causes and consequently the just and necessary duty of all his Subjects to yield a full and intire Obedience to all the Kings good Laws for it is the Law that measures out and spiriteth the King's Authority as it directs and enforces the Subject's Obedience yet so it hath bin and so it is in our Antinomian times partly by the obstinacy and devotedness of some the weakness and ignorance of others and the peevishness and perversness of many that there is a multitude of natural born Subjects in this Kingdom who in defiance of the Laws both in their Opinions and Practices deny or oppose our Soveraigns Supremacy On the one hand there are the Sectaries who notwithstanding the Law is the Standard of true Allegiance make the ground the rule and measures of their Allegiance to be their own private fancies And though the Law is the bright Sun shining in the Horizon of this Kingdom by the Light whereof every one ought to guide his actions yet these men out-stare this Sun and giddily run some of them after the Ignis fatuus of a pretended Light within them some after the false fires of a misguided zeal too many after the Boutfeaus or male-content Incendiaries and some after the very fumes of Hypochondriacal fits mistaken for visions and Revelations On the other hand there are the Devoto's of Rome who in contempt of the King's Laws and Authority make the rules and measures of their Allegiance to be the will and pleasure of a Forrainer As the Sectaries set up a Pope in every man's Conscience whilst they invest it with a power to control the Decrees of Princes and new Lights for themselves to live and walk by these contrarily put out their own Eyes and give themselves up to be led by an infallible Head as they think to whom whilst they yield a blind Obedience they cannot see to be good Subjects These men of both sorts strike at our Supremacy the very foundation and heart-string of Government and by whom the very Sinews of Soveraignty are cut asunder when either upon the suggestions of fanatical delusions or the imperious awes of an extraneous Power the King 's natural Subjects shall audaciously lift up their Hands and Heels against him My Province at this time to wave all disputes shall only be to make some discovery of those Foundations of Law Right and Authority whereon our King's Supremacy is built by the Legal and unquestionable Historical Evidences and Manifesto's of the same and whilst I keep close there I shall be sure to be on a safe bottom I shall not pretend to wade into the vast Ocean of the King's Prerogative in all its extensions but shall confine my self to the affair
would not touch one of such a Character made him a Cardinal but the policy fail'd and it rather hastned his death for by that time his Hat was come to Callis his Head was struck off at Tower-Hill Reginald Pool Regin Pool An. D. 1536. Sleidan Câ—m Charls 5. Archbishop of Canterbury and Cardinal being beyond the Seas about the beginning of the Reformation wrote a Book for the Pope's Supremacy against the King and therein incited the Emperour preparing against the Turk to bend his forces against his natural Soveraign and native Country-men as being worse than Turks This Book writ by a natural born subject of the King of England was then adjudged a sufficient overt act within the Stat. 25. Edward the third De proditionibus and therefore High Treason Cook Pl. Coron fo 14. Brook Treason Tit. 24. Antiq. Brit. in vita Poli. and Pool attainted thereupon But he keeping out of the reach of Justice after the death of P. Paul the third was just upon point of being elected Pope but his own stupidity Act. Mon. fo 1774. with the imputation of incontinency slurr'd him of the dignity In the raign of Queen Mary over he comes and what he did both to the Living and Dead our Historians abundantly testifie and that the next day after the Queen dyed Cardinal Pool Et sic exit Papismus in Anglia Peter Petow Peter Petow Cambd. Britt in Warw. made Cardinal and Legaâ— Ã Latere by P. Paul the third in time of Queen Mary was coming over in pursuance of his Legatine power But the wary Queen suspecting he might act something derogatory to her regality forbad his entrance which the Cardinal took so to heart that he dyed presently after Allen Will. Allen. the last Cardinal Englishman in the raign of Queen Elizabeth appears a Herald before the Spanish Armado in 88. and by a Book dispersed over England stirs up the Nobles Sp. fo 1177. B. Carlton Remembr 141. and People to joyn with the Spaniard in execution of the Pope's sentence of deposition of the Queen But all coming to nothing our Cardinal dyed an exile at Rome An. D. 1594. Godw. in vita Bishop Godwin takes farewel of him with this character He was last of our England Cardinals in time and worst in wickedness deserving not to be reckon'd amongst Englishmen as like another Herostratus to get himself a name endeavoring to fire the English Church without envy be it spoke the noblest in the world so that his memory deserves oblivion Et sic exit Cardinalismus Several others are reckon'd in the Cataeogues of England Cardinals but because it is doubtful whether some of them were English and others whether ever Cardinals and little memorable left of most of them these already mentioned shall suffice to testifie that the Italian promotions were generally more fatal than fortunate to our Countrymen and that the pains and cost was not recompensed by the acquist And so we pass from these highest dignities on Earth to such coelestial Honour as was and is to be purchased in the Church of Rome CHAP. XX. Canonizations c. CAnonization and Sainting of Men Women and Boyes was another way whereby great summs were often brought unto the Popes And that was when any person lived more austerely or devoutly than ordinary or being fam'd for any miracles pretended to have been done by him in his life time or by his Reliques or at his Tomb after his death or that he dyed for or in defence of the truth or the Church's cause Then if his Surviving friends or relations made application to the Pope upon payment of good summs according to the abilities and qualities of the persons solliciting for sentences fees Orders references and others things requisite in such case the party by a kind of Apotheosis was made a Saint and a place assign'd him in the Calender Of this extraction were the famous St. Cuthbert St. Guthlac St. Dunstan St. William St. Swithun St. Tibba St. Thomas of Canterbury St. Thomas of Lancaster St. Winisniâ—d St. Hugh and infinite more who for money had their names put into the rolls of Glory and their fames and merit celebrated and supplicated here on Earth I find that great endeavours were used to have Robert Grosthead the renowned Bishop of Lincoln sainted and particularly King Edward the first laboured it by an express unto the Pope for that purpose Rot. Rom. An. 34 Ed. 1. but nothing could prevail in regard he had so signalized himself against the corruptions of the Church and times then when as Becket Anselme Hugh of Lincoln and multitudes more were Canonized for money or something they had done signally and meritorious for the Papacy But this King had better success in his sollicitation to the Pope for the Cononization of Thomas de Cantelupe Bishop of Hereford then deceased famed for a multitude of miracles as was suggested Tho. Walsing in Ed. 1. fo 11. Thomas Walsingham abounds in the celebration of him and his miracles Mart. Westm in Ed. 1. but more modestly than the Monk of Westminster who ascribes to him no less then 163 miracles and others many more too many in all conscience to be believed or here remembred in particular But of such esteem it seems he was Godw. in vita ejus that this King Edward the first to obtain the benefit of his Prayers and intercession in Heaven for himself and his Realm according to the perswasion prevailing in those ignorant times sent his Letter of request to Pope John 22. to have him a Canonized Saint to which the Pope after some dealing withal for that purpose was at last wrought But for the King's Letter being still preserv'd amongst our Records and which we conceive may be acceptable to some to peruse we will take the liberty to transcribe Sanctissimo in Christo Patri Domino Divina Providentia Sacrosanctae Romanae ac universalis Ecclesâ—ae Summo Pontifici Claus 33 Ed. 1. m. 3. dorso De translatione S. Thomae de Hereford Edwardus eadem gratia Rex Angliae c. devota pedum oscula beatorum Pium justum esse censetur ut sicut gloriosus Deus in Sanctis suis in Majestate mirabilis Ministros fideles suos magnificat altis decorat honoribus coelestis efficit beatitudinis possessores in coelis Sic Sacrosancta Romana Ecelesia vestigia ipsius prosequens eos ad quorum memorias ipse Deus suae virtutis potentiam manifestat signa ac prodigia faciens pro eisdem digno venerationis offlcio laudari glorificari studiis sollicitis honorari efficiat in terris ut per hot fides catholica roboretur idem altissimus qui laudabilis est in saecula glorificetuâ— amplius laudetur ac ex hoc salutis nostre causam miserecordius miseribilius operari dignetur Cum itaque Thomas dictus de Cantilupo Ecclesiae Herefordensis Antistes qui nobili