Sero recusat ferre quod subiit jugum But notwithstanding the infinite subtle arts and mighty efforts for that purpose the Papacy found it at any time a most difficult thing to carry any thing here by a high hand and to bring the Ecclesiastical State of this Nation to depend on Rome For our Princes never did doubt but they had the same Authority within their own Dominions as Constantine had in the Empire and our Bishops the same as St. Peter's Successors in the Church Ego Constantini Ailred Rival Coll. 361.16 Vos Petri gladium habetis in manibus said King Edgar in an eminent Speech unto his Clergy And what Power in the Church our Kings took themselves anciently to have appears by their Laws and Edicts published by themselves Leg. Edv. confess cap. 17. fo 142. Leg. Canut Inae apud Jornal Mart. Paris w. 2. and acknowledged by their subjects All speaking thus That the ordering and disposition of all Ecclesiastical Affairs within their own Dominions was their sole and undoubted Right the Foundation thereof being that Power which the Divine wisdom hath invested the Secular Magistrate withal for the defence and preservation of his Church and People against all attempts whatsoever And all our Laws and Lawyers concurring in this Rex sub nullo nisi tantum sub Deo Bracton Leg. Sanct. Edw. cap. 19.17 That the King of England is subject to no Power on Earth but to God only and in King Edwards Laws he is called Vicarius summi Regis as also in Bracton that being the Cognomen as it were given by Pope Eleutherius long ago to King Lucius here as not being under the power of any other And this in effect acknowledged by the whole Body of the English Clergy Reg. Hoveden in Hen. 2. pa. post fo 510. in a Letter of the Bishops of the Province of Canterbury to Tho. Becket An. D. 1167. as it stands recorded at large by Roger Hoveden To this it will be but seasonable and pertinent to add the Historical Instances and evidences some of them as occurr demonstrating as the continual claim and when they could the exercise of this Right by the Kings of this Island so the worthy resistances as from time to time have been made against all forraign usurpations and incroachments upon the same sufficient to shew that our Princes did not command the Ecclesiasticks here who made up so great a part of their subjects according to the will and pleasure of any forrain Potentate nor that they were only lookers on whilest others governed the English Church Therefore we may observe All Councils and Convocations Eadmer fo 25.5.11 Florent Wigorn An. 1070. fo 434. Stat. 25 H. 8.19 assembled at the King's appointment and by the King 's Writt Jubente praesente Rege as one says and that upon the same Authority as the Emperour Constantine had long before assembled the Council of Nice Some appointed by the King to sit in those Councils and supervise their actions Matt. Paris ad An. 1237. fo 447. ne ibi contra regiam coronam dignitatem aliquid statuere attentarent And Mat. Paris gives us the names of the Commissioners for that purpose in one of the Councils held in the time of King Hen. 3. And when any did otherwise he was forced to retract such Constitutions as did Peckham or they were but in paucis servatae Lyâ—dw de soro competent cap. 1. as were those of Boniface as Lyndwood ingenuously doth acknowledge No Synodical Decree suffered to be of force but by the King's allowance Eadmer fo 6.29 and confirmation In hoc concilio ad emendationem Ecclesiae Anglicanae assensu Domini Regis Gervas Dorobern An. 1175. fo 1429. Mat. Paris Hen. Huntingd Eadm passim Pat. 8 9 Johan R. m. 5.8 primorum omnium regni haec subscripta promulgata sunt capitula as Gervasius Dorobern informs us No Legate suffered to enter into England but by the King's leave and swearing to do nothing prejudicial to the King and his Crown All matters of Episcopacy determined by the King himself Eadmer 115.23 inconsulto Romano Pontifice No Appeals to Rome permitted None to receive Letters from the Pope Thorn Coll. 2152. Coke 3. Instit cap. 54.10.127 Hoveden Hen. 2. fo 496. without shewing them to the King who caused all words prejudicial to him or his Crown to be renounced and dis-avowed by the bringers or receivers of such Letters Permitted no Bishops to Excommunicate Eadmer fo 6.31 or inflict any Ecclesiastical censure on any Peer nisi ejus praecepto Caused the Bishops to appear in their Courts Addit Mat. Paris fo 200 to give account why they excommunicated a subject Bestowed Bishopricks on such as they approved Forent Wigorn An. 1070. fo 536. and translated Bishops from one See to another Erected new Bishopricks Godwin de Praef. Angl. So did King Hen. 1. An. 1109. Ely taking it out of Lincoln Carlile 1133. out of York or rather Durham Commanded by Writ Coke 2. Instit 625. Addit Mat. Paris fo 200. nu 6. the Bishops to Residency Placed by a Lay hand Clerks in Prebendary or Parochial Churches Ordinariis penitus irrequisitis as it is phrased in Matt. Paris By these and many other instances of the like nature exercised by our Kings it appears that the English ever took the outward Policy of this Church or Government of it in foro exteriori to depend on the King And therefore the writs of Summoning all Parliaments express the calling of them to be Pro quibusdam arduis urgentibus negotiis nos statum defensionem Regni nostri Angliae Ecclesiae Anglicanae concernentibus c. In the Reign of King Edward the first Broâ—k Tit. Praemunire pl. 10. A subject brought in a Bull of Excommunication against another subject of this Realm and published it to the Lord Treasurer of England and this was by the ancient Common Law of England adjudged Treason against the King his Crown and Dignity for which the Offendor should have bin drawn and hang'd but at the great instance of the Chancellor and Treasurer he only abjur'd the Realm King Edw. Trin. 19 Ed. 3. Fitzh Quare non admisit pl. 7. presented his Clark to a Benefice within the Province of York who was refused by the Arch-bishop for that the Pope by way of Provision had conferred it on another The King thereupon brought a Quare non admisit the Archbishop to it Pleaded that the Bishop of Rome had long time before Provided to the said Church as one having Supream Authority in that case and that he durst not nor had power to put him out who was possessed by the Pope's Bull. But for this high contempt against the King his Crown and Dignity in refusing to execute his Soveraign's commands against the Pope's Provision by Judgement of the Common Law the Lands of his whole Bishoprick were seized
much upon the Clergy afterward though the King and Temporal Lords oftentimes prov'd sturdy Matt. Paris fo 361 362. For Pope Gregory the ninth An. D. 1229. demanded a Tenth of the moveables both of the Lay and of the Clergy to which the Lords would not consent Nolentes Baronias vel Laicas possessiones Rom. Ecclesiae obligare but the Clergy with some grumbling pay'd it And eleven years after he demanded a fifth part of the goods of the Clergy upon which great debate was taken Matt. Paris An. 1240. fo 536. the Clergy appealing to the King that they held their Baronies of the King and could not charge them without his consent that having before given a Tenth this again of a Fifth might create a custom with divers other weighty reasons But all would not do for the King was not against it and the Archbishop for his private ends beginning to deposite all were drawn in at last to pay which occasion'd that complaint the year following Id. fo 549. That there remain'd not so much treasure in the Kingdom as had in three years bin extorted from it the vessels and ornaments of the Church excepted But notwithstanding that reluctancy Matt. Paris fo 549. 666. 701. notwithstanding that notable Remonstrance preferred in the Council of Lions An. D. 1245. from the body of the Kingdom of the heavy burdens the Nation lay under by the exactions of Rome and likewise to the Pope himself the year following Pope Innocent the fourth invented a new way to charge every Religious House to find a number of Souldiers yearly for his service and to fight for the Church militant and about the same time attempted also ut si Clericus extunc decederet intestatus ejusdem bonas in usus D. Papae converterentur that is the Pope would make himself heir or Executor to every Clark that should dye intestate and not long after it was that he received from the Clergy eleven thousand Marks as an addition to six thousand he had receiv'd the year before And then and from that time the Pope made no spare to drain and exhaust the English Clergy at his pleasure to the shameful scandal of the Holy See at that time and to the notorious ignominy poverty and contempt of this Church and the Clergy thereof Matt. Westm Flor. Hist in An. 1301. And of these times it was that Matthew Westminster makes this complaint Porro illis diebus sal terrae caput vulgi in magnum Hydropem ceciderunt quanto enim plus pecuniam humorem hauriebant tanto amplius eam sitiebant Sedit ergo in tristitia fidelium Ecclesia deducta per vocales tutores suos miserabiliter sub tributo In those dayes the Head of the people was fallen into a dropsie which the more money it suck'd in the more it thirsted after more therefore the Church of the faithful sat disconsolate being by her Governours brought under a most miserable tribute and servitude An. D. 1302. Annal. of Ireâ— in Camb. Brit. fo 163. At this time also it was that these grievous exactions reached into Ireland recorded in the Annals thereof That the Tenths of all Ecclesiastical Benefices in England and Ireland were exacted by Pope Boniface the eight for three years as a Subsidy to the Church of Rome against the King of Arragon Neither did our Hyperborean neighbours escape Scot-free in this deluge of exaction Tho. Walsing Hist fo 48. Ypodig Neust fo 89. Flor. Hist in Ed. 1. fo 417. H. Knighton Coll. c. Pol. Vergil Fabian Speed c. Nay no less there would satisfie the Pope but the whole Kingdom for it was that Boniface the eight that then claimed the whole Realm of Scotland as part of St. Peters Patrimony against our K. Edward the first and sent his Bull of demand to the King for that purpose between whom there passed several Answers and Replies in the point and the conclusion was That the incroaching Pope was glad to sit down worsted in the cause the transactions of all which stand registred amongst the Tower Records exemplified at large to posterity by Walsingham Matthew Westminster Knighton and more briefly by others But all this while the poor Clergy languished being continually pill'd poll'd and squeezed by the unlimited avarice of this Pope and his successors emptying the Kingdom of its money and filling it with complaints the product of its poverty CHAP. IV. King John 's Pension THe troublesom raign of our King John is sufficiently related by all our Historians in whose straits the Pope appeared sometimes for him and sometimes against him but once taking him in a great exigence Jo. Serres Hist in Phil. August Matt. Paris in An 1213. fo 236. the King was wrought upon to surrender his Crown to Pandulfus the Pope's Legate and substitute laying the same with his Scepter Robe Sword and Ring the Royal Ensigns at his feet subscribing also as is said to a Charter whereby he surrendred his Kingdom to the Pope and professing that thence forward he would hold his Crown as a Feudatary to the Pope and paying an annual Pension or Tribute of 1000 marks for both his Kingdoms of England and Ireland the insolent behaviour of the Legate at this the Historians fully describe which I list not now to insist on but cannot but remember that Matt. Paris says that with this Charter and 10000 l. sterl in hand Id. fo 237. Pandulfus goes triumphing away to Rome But then when or how long after this yearly rent or tribute of 1000 marks was paid our Writers seem not to agree though all concur in the invalidity of the surrender Vid. Speed Chron. in vita Johan Rot. Parl. An. 40 Ed. 3. And at a Parliament held at Westm An. 40 Ed. 3. the Chancellour then Bishop of Ely declared to the Lords and Commons How the King understood that the Pope for the Homage that K. John did to the See of Rome for the Realms of England and Ireland and for the Tribute by him granted meant by Process to cite the King to Rome to Answer thereunto wherein the King required their advice The Bishops for themselves desired respite of Answer till the next day as also did the Peers and Commons at which time the whole Estate came together and by common consent Enacted and Declared That forasmuch as neither King John nor any other King could bring this Realm and Kingdom in such thraldom and subjection but by common assent of Parliament the which was not done And therefore that which he did was against his Oath at his Coronation besides many others causes If therefore the Pope should attempt any thing against the King by process or other matters in deed that the King with all his Subjects should with all their force and power resist the same Then for the Tribute or Pension of 1000 marks it appears to have been sometimes paid with intermissions for Pope Honorius having gratified K. Hen.
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
Imprimatur Anto. Saunders Rmo in Christo Patri ac D no D no Gilberto Archi-Episc Cantuar. à sac Dom. Septemb. 24. Ex Aed Lambeth The Romish Horseleech OR AN Impartial ACCOUNT OF THE Intolerable CHARGE OF POPERY TO THIS NATION In an Historical Remembrance of some of those Prodigious summs of money heretofore extorted from all degrees during the exercise of the Papal power here To which is Annexed an Essay of the Supremacy of the King of England Quantas divitias comparavit nobis haec fabula Christi Verè enim hortus deliciarum Papis fuit tum Anglia puteus inexhaustus Innocent 4. Pap. London Printed by R.W. for Ralph Smith at the Sign of the Bible in the Piazza of the Royal Exchange in Cornhill 1674. TO HIS Honoured Friend A.B. SIR WHen you and my self in an exercise of Friendship and Conversation which I always have esteemed no small felicity of my life have frequently within a few years last past entertained our selves in taking together some view of our present Times and sometimes again making a retrospect to the Times of our Fore-fathers in this Kingdom not forgetting also that sometimes by way of prospect we have made no less than a kind of Prophets of our selves in guessing at what might hereafter come to pass amongst us for 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Eurip. Him the best Prophet we confess That well of future things can guess But for what is past we have made some remarks upon those vicissitudes and changes which we and our Ancestors have seen in this Kingdom And particularly noting the different state and posture of the same we concluded that the alteration and change must needs have been very great as to the most important concerns of the Nation since the Power and Jurisdiction of the Popes of Rome was here exauctorated Upon which as I remember we wished some particular account of the State and habit of our Body Politick when the Influences from Rome were praedominant over it and that as well in reference to our Head the King's Majesty as also to the Members the People wherein we desired seriously to know whether the Pope's Power was prejudicial to them or either of them In which matter that I might give some satisfaction to you and my self also I set my self to methodize such notes and instances as formerly had occurred to me First Touching the Property of the People and how that was invaded by the Romish Practices And then touching the Supremacy of the Royal Majesty of the King of England and how that was Eclipsed by the interposition of the Papal Power And now I have put these Collections together you see what they amount unto I confess the Subjects are transcendant and vast and not to be measured with my line The trivial Controversies amongst Neighbours about Meum and Tuum frequently puzzle the gravest Judges but for the Fundamental Arcana imperii he that shall endeavour to poise them shall sooner discover the weakness of his own Arm than their weight I have known the united strenghts of Parliaments put to puffing and blowing when they have lifted at them But as the Divines say of the Holy Scriptures though they contain many Mysteries and things hard to be understood yet there is plainly and clearly deliver'd in them so much as is sufficient to make men good Christians So in the Doctrine of the King's Supremacy though we cannot reach its utmost import there is yet so much of it clearly discoverable as is sufficient to make all Englishmen good Subjects And as to that I have entituled my Discourse an Essay only not pretending to say all that the subject affords and have travelled no farther therein than our Laws Statutes Authorities and Records have lead me and I hope that thereby I have produced Demonstration sufficient that our Soveraign is invested with a most just Authority over all his Subjects and in all Causes within his Dominions and then seeing that Veritas est index sui obliqui it follows by all the rules of consequence that the Pope's Usurpations were most unjust For that other concern relating to the People's Property I took that task at first to have been much the easier of the two that is that it would not have been very hard to have comprehended and given some reasonable estimate of those summs which heretofore went out of England to the Popes and Court of Rome But after a little dealing therein I strangely found the account to swell beyond all bounds and soon experienced the difficulty to lye as much in the mutiplicity in this as in the intireness in the other This Grievance was and could be adequately known only to our Ancestors who felt it but the smart is not as yet quite worn off of their Posterity and therefore what is offered in this affair I have thought fit to stile a Remembrance and indeed it ought not to be forgotten But now Sir I may possibly deliver a sound Paradox That though it is conceiv'd a very hard thing now to understand as formerly it was to endure and once thought more hard to remedy all the mischiefs which our Fore-fathers suffered from the Papal Usurpation and Tyranny yet certainly the Cure was at all times not so very difficult to have been effected the Antidote was as near as the Poyson and there never wanted a Panpharmacon which if duly applyed would at any time have removed those malignant distempers that invaded the Kingdom 's constitution And that was in a word the Execution of the good Laws It is the Honour and Excellency of the Laws of England that no man can have a wrong or damage but the Law if rightly managed will do him right Did the Papal Power usurp and incroach upâ—n the King 's Rights the inherent vertue of the Common Law declared all to be illegal and void Did the Romish Practices weaken and impoverish the People the same Law at once arraigned and damned those Novelties and grievances and hence it was that all the supervenient Statutes ran but as Declaratory of the old Law Vid. Coke 5. Râ—p Cawdrys Case The Law indeed may sometimes be laid asleep by connivance or manaâ—led by some contrivance but it is a true and good Rule Dormit aliquando jus moritur nunquam and when the Law is awakened and let loose it soon discovers and breaks all offences and offendors The incomparable Spenser in his Faery Queen sets forth one Sir Arthegal the Patron of Justice attended with Talus his Iron man the Executioner whom nothing could withstand Pardon me if I give you his description of this notable Officer Our renowned Poet relating how the Divine Astraea loathing to sojourn longer amongst wicked men retired to Heaven from whence at first she came But when she parted hence she left her Groom Faery Queen lib. 5. Canto 1. Stanz 12. An yron man which did on her attend Always to execute her stedfast doom And willed him with Arthegall to
the two and twentieth An. D. 1316. among whom Walsingham speaking of that Pope saith thus Tho Walsingh in Ed 2. fo 84. Summus Pontifex reservavit Camerae fuae primos fructus beneficiorum omnium in Anglia per triennium vacantium And Ranulph Cestrensis thus Johannes 22. Lib. 7. cap. 42. in H. Knighton Coll. fo 2534. Beneficiorum per mortem seu resignationem vacantium sive per translationem primos fructus reservavit But howsoever or by whomsoever these became first impos'd after the Popes had been absolutely and throughly seized of them then they claimed them Jure Divino by example of the High Priest amongst the Jews Numb 18.6 who had Tenths from the Levites But Pol. Vergil sings another note in the place above referr'd to insinuating the maintenance of the Pope's grandeur to be the first rise of them and that this was one of the fairest flowers in the Triple Crown but when the payment of them had been continued some competent time it was politickly done upon any questioning to assign them a Divine Original which was sure to satisfie such as used to take the Pope's word for far greater matters The payment of these with other great summs of which more anon so strangely impoverish'd the Kingdom that notwithstanding that allegation or pretence of Divine Right the Kings of England made no scruple sometimes to forbid the payment of them 2 Ed. 3. Claus Rot. m. 4. 25 Ed. 3. 47 Ed. 3. as K. Ed. 3. once discharged the Pope's Nuntio from collecting the First Fruits c. and many Prohibitions were granted against the Popes Collectors on complaint made by the grieved Commons in Parliament as appears by the several Collections thereof made by the Lord Coke Coke Jurisd of Courts cap. 14 Stat. 2 H. 4. cap. 1. 1 Ric. 2. and in one Statute made to remedy that grievance it was termed a Horrible Mischief and Damnable Custome and at another Parliament it was call'd a Very Novelty But herein did the policy of the Court of Rome notably appear that sometimes when the Kingdom complain'd of its burdens and the Kings in some exigency calling for the Subjects Aids and thereupon the Pope's revenue in danger of a temporary if not a total stop the Popes would in such a juncture and perhaps in a frolick of bounty concede or assign the First Fruits c. for some time to the King as for one year or more as the occasion seem'd to require and in particular Pol. Vergil Hist lib. 20. fo 405. Pope Vrban gave them to King Richard the second to aid him against Charls the French King And this project serv'd excellently well both to habituate the People to payment and to win the Kings for their continuance to whom they might be thus useful in any case of extremity But the policy of after Parliaments went a reach beyond that of the Popes for as a perpetual addition to the revenues of the Crown they were by a Statute in the time of King Henry the eighth given to the King his Heirs Stat 26 Hen. 8. cap. 3. and Successors for ever And then for the ordering of these First Fruits and Tenths there was a Court erected An. 32 Hen. 8. Stat. 32 Hen. 8. cap. 45. but this Court was dissolv'd again An. 1 Mariae but King Philip and Queen Mary gave them not again to the Pope but by Authority of Parliament discharged the Clergy thereof Afterwards by a Statute Stat. 1 Elâ—z 4. in the first year of Queen Elizabeth they were revived and reduced again to the Crown yet was the Court never restored but the First Fruits and Tenths were ordered to be within the Rule Survey and Government of the Court of Exchequer and a new Office and Officer created viz. a Remembrancer of the First Fruits and Tenths of the Clergy who taketh all compositions for them and maketh out Process against such as pay not the same And now they are to be paid in such manner as is directed and appointed in and by the said Statutes oâ— 26 Hen. 8. and 1 Eliz. The Stat. 26 Hen. 8. appointing that every Spiritual person shall pay or secure by Bond his First Fruits before his actual possession of his Benâ—fice and that an Obligation for First Fruits shall be of like force as a Statute Staple and that no more shall be taken for such an Obligation than eight pence and for an Acquittance four pence and if any person shall be convict by Presentment Verdict Confession or Witness before the Lord Chancellor or other Commissioners to have entred upon any Spiritual Living before composition or payment he shall forfeit the double value of the First Fruits Stat. 3 Ed. 6. cap. 20. And if Tenths being due shall not be paid within forty dayes after demand thereof made by the Bishop or his Officers and thereupon certificate made under Seal of the Bishop or Collector the party making default shall be deprived ipso facto of that one Dignity or Benefice Besides it is to be remembred Stâ—t 1 Eâ—iz 4. that Vicarages not exceeding Ten Pounds per annum and Parsonages not exceeding Ten Marks per annum shall not pay First Fruits but all are to pay Tenths Then for the valuation of Ecclesiastical Livings we are to know that antiently they were valued by a Taxation Book made An. 20 Ed. 1. Coke 4 Instir fo 120. which still remaineth in the Exchequer But then another Book of Taxation was made An. 26 Hen. 8. kept in that Court also and according to this latter Taxation are the values of Ecclesiastical Livings computed for the payment of the First Fruits and Tenths And so much as every Living is there valued so much it is said to be in the Kings Books and so much must be paid for First Fruits Yet every Spiritual person at his Composition and entring into Specialties to pay the same shall have deduction of the Tenth part thereof and that in respect of the Tenth as shall be by him paid that year for by the Stat. 27 Hen. 8. Stat. 27 Hen. 8. cap. 8. none shall pay Tenths the same year that they pay First Fruits therefore they are deducted as aforesaid The way now of Composition for First Fruits is for the Parson Presented Admitted c. with sufficient Sureties to enter into Four Bonds each conditioned for the payment of the Fourth part of the First Fruits deducting the Tenth as aforesaid the first Bond payable at half a years end the second Bond at a Twelve-moneths end the third at a year and halfs end and the fourth at two years end and so the party hath two years time to pay the First Fruits And then by the Statute of 1 Eliz. cap. 4. it is appointed That if an Incumbent continue in his Benefice half a year after the last avoidance and then dye or be legally outed before the end of the year then he his Executors Administrators or
Scot who runs presently to Rome for confirmation and the King presently sends after him the Bishop of Lichfield and the Prior of Lanthony to sollicite against Scot but after a long tugging and expence of all their money on both sides it was determined that a third man viz. Richard Poor should have the Bishoprick After the death of Stephen Langton Matt. Paris in An. 1228. fo 350. 355. Anâ—quit Brit. in viti Richard Maâ— Archbishop of Canterbury the Monks made choice of Walter de Hempsham to succede him at which the King then being displeased Walter hasts away to Rome as the use then was for his confirmation and the King presently sends after him as his Proctors the Bishops of Coventry and Rochester who appearing before the Pope complained grievously of the misdemeanor of the Monks in making choice of that man as being of no experience suitable to that Dignity but of mean learning one of a debauched and scandalous life having gotten several Bastards upon a Nun and for his extraction his Father had bin condemn'd and hang'd for Theft as himself had also deserv'd having bin a Ringleader amongst Rebels and Traitors But all this would not satisfie the Pope to set him aside Polychron 1.7 cap. 34. until the King ingaged the Pope should have a Disme or the Tenth part of all the moveable goods both of Clergy and Laity throughout England and Ireland which granted the election of Walter Hempsham was declared null and Richard Wethershed promoted to the place The next Successor to Richard Wethershed was Edmund between whom Antic Brit. Godw. in vita Edmundi and the Monks of Rochester a great contest happen'd about the election of one Richard Wendover to be their Bishop whereupon the Bishop goes to Rome and the Covent send their Proctors and these carrying the most money got the cause and Edmund condemn'd by the Pope in 1000. Marks The Bishoprick of Chichester being once void Matt. Paris iâ— Hen. 3. the Canons there elected one Robert Passelew to gratifie the King who had a great kindness for the man but others stemaching him means was made at Rome to have his election quashed and one Richard de la Wich to have the place and thereupon all parties run to Rome with money Bribes complaints and recriminations all which being heard and the money taken the King's man was fob'd off and Wich setled in the See The story is at large in Matthew Paris and a multitude more of like nature might here be exhibited but these shall suffice with this averrement that seldom any election went so cleverly off but something extraordinary came to the Pope besides what was certain by the first Fruits From which we proceed to payments of other natures CHAP. III. Legatine Levies THE Statute of 25 Henry 8. Stat. 25 Hen. 8. cap. 21. Providing that no more summs of money shall be pay'd to the Bishop of Rome begins with recital how the subjects of this realm had for many years been greatly decayed and impoverished by intolerable exactions of great summs of money taken and claimed by the Bishop of Rome called the Pope and the See of Rome as well in Pensions Censes Peter-pence Procurations Fruits suits for Provisions and Expeditions of Bulls for Archbishopricks and Bishopricks and for Delegacies and Rescripts in Causes of Contentions and Appeals Jurisdictions Legantine Dispensations Licences Faculties Grants Relaxations Writs of perinde valere Rehabilitations Abolitions and other infinite sorts c. as the words of the Statute are I cannot now pretend to enumerate or specifie them all when the Statute declares them to be infinite and therefore we shall content our selves to point but at some of them beginning with the Legatine Levies as I may call them Vid. Matthew Westm Flor. Hist in An. 1245 1246. c. Mart. Paris Polychron c. And these were summs of money exacted and levyed upon the King's Subjects throughout the whole Kingdom by Legats and Officers for that purpose deputed by the Pope And these were called for as often as the Popes pretended a need of them for the Court of Rome did inculcate and would have the world to believe Matth. Paris An. 1226. fo 328. That being a Mother she ought to be relieved by her Children Now the first Extraordinary Contribution raised for the Pope in this Kingdom of this kind appears to have bin about the year 1183. when Pope Lucius the third having some quarrel with the Citizens of Rome Rog. Hovedeâ— P. Postenor fo 622. sent to King Henry the second postulans ab co à clericatu Angliae auxilium requiring Aid from him and his Clergy whereupon Consuluit Rex Episcopos suos Clerum Angliae de petitione Summi Pontificis Cui Episcopi Cleri consuluerunt ut ipse secundum voluntatem suam honorem faceret auxilium D. Papae tam pro seipso quam pro illis quia tolerabilius esset plus placeret eis quod D. Rex si vellet accepisset ab eis auxilii recompensationem quam si permisisset Nuncios D. Papae in Angliam venire ad capiendum de eis auxilium quia si aliter fieret posset verti in consuetudinem ad regni sui detrimentum Adquievit Rex consilio suorum fecit auxilium magnum D. Papae in auro argento The King consulted the Bishops and Clergy about the Popes request to whom the Bishops and Clergy returned That the King might if he so pleased and for his honor send aid to the Pope as well for himself as for them because it would be more tolerable and more acceptable to them for his Majesty if he pleased to take a Compensation from them for his Aid than that he should permit the Pope's Officers to come into England to receive it of them which might turn to a custom detrimental to the Kingdom To this counsel the King adher'd and sent a great Aid to the Pope in Gold and Silver as Rog. Hoveden hath at large related the Carriage of that business In which several passages are very remarkable as that the King did in matters that concern'd the Pope consult with the English Church and follow'd their advice and then the care and circumspection of the Clergy to avoid mischievous consequences for the future and that not without very good cause for the Popes were so prone to be busie and tampering in this matter of money that afterward in the time King Edward the first Papa miâ—it bullas inhibitatorias quod nulla persona Ecclesiastica daret seculari personae contributionem ullam absque licentia specialita Romana curia concessa in hac parte Henry de Knighton Coll. 2489. he prohibited the Clergy from giving any thing to the King without his leave first obtained and that under pain of the great excommunication a great presumption this but without any considerable effect to the purpose intended But notwithwanding the before mention'd caution the Popes gained
3. by his menacing Bull to Geoffry de Lysimaco earnestly demanded by Otho his Legate all the arrears of the 1000 marks annual rent granted by his Father K. John due from the beginning of his Papacy and the King's reign who therupon paid all those arrears amounting to 10000 marks for which he desired the Popes allowance and acquittance by this Letter Claus 10 H. 3. m. 2â— doâ—so still kept upon the file Dom. Papae salutem Ad instantiam magistri O. Subdiaconi Capellani vestri viri utique prudentis merito commendabilis qui ad nos transmissus ex parte vestra requirebat à nobis instanter ea quae restare à tempore Papatus Vestri credidit de annuo censu nostro vobis debito Paternitati vestrae praesentibus intimamus quod venerabili Patri P. Norwic. Episc septem millia quadringentas tresdecem marcas dimidium de praedicto censu solvimus sicut mâ—minit ipse pariter confitetur Et ad perficiendum octo millia marcarum praedicto magistro Ottoni solvi fecimus quingentas quater viginti sex marcas dimidium Et praeterea mille marcas tibi assignari fecimus De mille vero marcis vobis satisfecerint Magister Stephanus de Eketon Magister Stephanus de Ducy nuncii nostri sicut nobis significastis Et sic de toto tempore Papatus vestri plenarie vobis est satisfactum Supplicamus igitur sanctitati vestrae quatenus nobis super hoc literas vestras patentes dignemini destinarâ— Teste meipso apud Westmonast 24. die Martii Anno regni nostri Decimo An even reckoning so far And then it appears that in the 33 year of King Hen. 3. Pope Innocent the 4th in the sixth year of his Papacy sent to the King to demand this 1000 marks due for that year An. 33 H 3. in Turri Lond. by this Instrument or Bull Innocentius Episcopus Servus Servorum Dei charissimo in Christo filio Regi Anglorum illustri salutem Apostolicam benedictionem Excellentiam tuam affectione paterna rogamus quatenus mille marcas sterlingorum quas pro anno praesenti Ecclesiae Romanae nomine Census debes dilecto filio Thesaurario Domus militiae Templi London solitae devotionis affectu nomine nostro facias assignari Dat. Lugdun 5 Kal. Augusti Pontificatus nostri sexto Dorso De censu annuo Dom. Papae debito But whether any thing or no was paid upon this demand appears not But by the Liberate Rolls it appears 31 H. 3. m. 1. that this rent due for the 31 year of K. H. 3. was then paid to the Treasurer of the Temple In the year 1276. Pope John 21. sent such another Bull or demand to K. Edw. 1. still preserv'd amongst the Tower Records whereby he demanded the arrears of this annual rent of 1000 marks for seven years then last past and also for that year but whether payment was made accordingly there remains no evidence and when or how much was afterwards paid upon this account is now uncertain But from these footsteps thereof which we find amongst our Records it may well be collected that the Popes being sensible of the defeasibleness of their Title to this Rent durst not always insist upon it but sometimes when they met with an easie King or one whose affairs required the Pope's countenance or aid then they would put on a demand of this rent with the arrears of it and many times without doubt were gratifi'd therein but then with wise and resolute Kings they had the discretion to let it alone and so by continuance of time and non-claim the rent came at last to be extinguish'd CHAP. V. Appeals APpeals to the Court of Rome was another way of drawing great summs of money out of England continually thither And these began most visibly in the time of King Stephen Gervas Dorobern coll fo 1667. according to that of Gervasius Doroberniensis Inusitatae enim erant in Anglia Appellationes usque quo Henricus extitit Wintoniensis Episcopus remembred also by Hen. Huntingdon Hen. Huntingd lib. 8. â—0 395 who tells us also the occasion related at large by Bishop Godwin in the life of Theobald Archbishop of Canterbury And then when the Popes had tasted the sweets of the gains accruing this way all incouragement was given to Appellants so that afterwards there scarcely happen'd any controversie of value but one party or other would presently Appeal to the Pope and Court of Rome for the management of which Appeals it was necessary to retain Proctors Notaries Advocates Agents Sollicitors and many other Officers who all living by the employment expected always to be well paid And in the Court of Rome were continually resident a multitude of Officers Judges Clarks Scribes Advocates Canonists Civillians Referendaries who every one must have a finger in every cause brought thither by Apppeal and be all well paid and brib'd for Bulls Breves Citations Commissions Sentences References Expeditions with innumerable sorts of Processes issuing during the depending of causes which were never speedily ended but spun out to the utmost length with all incouragement of Appellant Suitors bringing grist to the mill and as long as any money flowed to make the wheel go And as these Appeals were purchased in suits between party and party most commonly to the utter undoing of the Plaintiff or Defendant and many times of them both the Pope having the fineness when he had cracked the Nut to take the kernel to himself and to give one shell to one of them and the other to the other so oftentimes they caused a far greater mischief being made use of by haughty turbulent and undutiful subjects especially Church-men to cross and oppose their Soveraigns upon every or any pretence whatsoever Witness the Appeals of Anselme Becket the Monks of Canterbury with multitudes more from the King and his Laws to the Pope as in all our Histories most frequently occurr All which tended only to carry huge sums to Rome and to bring thence no less mischiefs to the King and Kingdom And besides this multitudes of Appeals were founded upon the Elections of Bishops Abbots Priors Deans c. for it was very rare to have all parties acquiesce in an Election but Incapacity Simony Surprize or some irregularity would be pretended and then presently an Appeal must be made to Rome and there generally the cause determined for that party which brought the most money Venalesque manus ibi fas ubi plurima merces Acts Mon. fo 259. As once John Hereford was elected Abbot of St. Alban's Monastery but upon some dis-satisfaction taken thereat Reynold the Physician and Nicholas a Monk were instantly posted away with a huge bag of Money to Rome whereby the Election was confirm'd upon these terms That the new Abbot should swear every third year by himself or some other to visit the Limina Apostolorum in Rome with a subintelligitur that he should
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
Secundus Salutem Apostolicam benedictionem Charissimum in Christo filium nostrum Henricum Angliae Regem illustrem quem peculiari caritate complectimur aliquo insigni Apostolico munere in hoc regni sui primordio decorandum putantes mittimus nunc ad eum Rosam auream Sancto crismate delibutam odorifico musco aspersam nostrisque manibus de more Rom. Pontificum benedictam quam ei e tuâ fraternitate inter missarum Solemnia per te celebranda cum ceremoniis in notula alligata contentis dari volumus cum nostra Apostolica benedictione Datum Romae apud Sanctum Petrum sub annulo Piscatoris Die quinto Aprilis Anno Millesimo quingentesimo decimo Pontificatus nostri Septimo In the Irish rebellion in the raign of Queen Elizabeth Camâ— Eâ—â—zab the Pope as a token of favour sent to Desmond a principal Leader amongst the Rebels a gracious Agnus Dei and a hallowed Ring â—rom his own finger which Desmond wore about his neck as a charm or preservative against all dangers But his traitorous Consederates being beaten and dispers'd this pittiful deluded favourite wander'd a long time in the woods and bogs till at last almost starved he was found in a poor Cattage and notwithstanding his Defensative had his head cut off by a common Souldier Afterwards Speed Chronâ— in Elizâ—b in another rebellion in Ireland the Pope sent to Tir-Oen the grand Ringleader for his incouragement certain Indulgences and a precious Plume of Phoenix feathers for a Trophey of his victories but they proved but Icarus wings whereby he soared the higher to get the more miserable fall Sometimes again the Pope Bishop Carlton's Remem cap. 4. fo 39. Greg. 13. out of good Husbandry rewards or incourageth his Creatures with Titles of Honour as Thomas Stukeley an Arch Traitor to Queen Elizabeth was by the Pope Created Marquesse of Lagen Earl of Wexford and Caterloghe Vicount of Morough and Baron of Rosse all famous places in Ireland And it was the Pope's design if Stukeley's Rebellion had succeeded Boon Companion to have made his Son James Boncompagno King of Ireland CHAP. XI Collections COllections and Contributions set on foot and vigorously promoted for divers purposes was another means of draining great summs frequently out of the Kingdom And amongst these Contributions for relief of the Holy Land as well for the quantity of the summs as for the misimployment were very considerable but of that we will note more anon in a Chapter apart for that purpose And here we will take notice of some other occasions for which such Collections were made King John to gratifie the Pope granted license and safe Conduct to the Fryers of the Hospital of St. Maries in Rome to Preach and make Collections throughout England for the maintenance of their House built by the Pope as appears by his Letters Patents Pat. 15 Johan m. 7. nu 20. Rex omnibus suis fidelibus tam Clericis quam Laicis c. Salutem Sciatis quod concessimus fratribus Hospitalis S. Mariae in Saxia apud Romam licentiam praedicandi in regno nostro Angliae fideliâ—m eleemosynas caritative petendi accipiendi ad sustentationem pauperum praedicti Hospitalis secundum formam privilegii Apostolici quod inde habent c. Teste moipso apud Rading 10. Die Decembris Anregni nostri 15. In the seventh year of King Edward the first some counterfeit Fryers Bre. Reg. 7 Edw. 1. in Turri Lond. Pro fratribuâ— S. Antonii of the Order of St. Anthony of Vienna wandring abroad and Collecting Alms throughout England the King upon Complaint thereof issued out his writ for their apprehension The Abbots of the Cistercian and Praemonstratensian Orders beyond the Seas Bundel Inq. An. 26 Ed. 1. imposing subsidies Aides and Contributions on the Monasteries of their Orders in England then under them whereby much money wools and other Commodities were transported out of England to the great grievance and mischief of the Kingdom King Edward the first issued out writs to all the Sheriffs of England to inquire of those abuses and to stop the current of them As by the said writs still preserved upon Record it doth appear And afterwards to stop the like exportation of moneys and Goods for they would not be brought totally to give over the same King Pat. 27 Ed. 1. Pro Abbate de Gerendon by his special writ prohibited all of the Cistercian Order except one viz. the Abbot of Gerendon Com. Leic. who was of that Order to presume to go beyond the Seas on that account So the Abbot of Cluny sending his Proctors into England to demand and Collect great summs of money from the Monasteries and Priories of their Order here and on all Ecclesiastical persons on whom they had conferred Benefices without the King's license the King sent out his Writs as well to the said Proctors to inhibite their proceedings as also to the Warden of the Cinque Ports not to permit any Monk of that Order or any other Servant or Messenger to pass the Seas or carry over any moneys without his special license the writ to the Warden of the 5. Ports was thus Rex dilecto fideli suo Roberto de Burghersh Custodi Quinque Portuum suorum Claus 28 Ed. 1. m. 14. Salutem Datum est nobis intelligi quod Abbas Cluniacensis quosdam ex suis Monachis in Angliam specialiter destinavit ad petendum levandum c. reciting the occasion at large Ideo vobis mandamus firmiter injungentes quod nullum Monachum Ordinis praedicti vailettum seu alium nuncium quemcunque pecuniam deferentem ad partes transmarinas transire permittatis sine nostra licentia speciali Teste Rege apud Blidam c. The like mandate went out afterwards to the Constable of Dover Claus 29 Ed. 1. m. 8. dorso and Warden of the Cinque Ports not to permit any Canon Valet or other Messenger of the Order of the Praemonstratenses to carry any moneys or to pass out of England without the King 's special license as was done before for Cluny But yet so prevalent were these begging Fryers by their importunities and favourers that the Monastery of Cluny having sustained great losses and being deeply in debt as was suggested the King notwithstanding his former Prohibitions was perswaded to grant to the Abbot thereof and his Agents to come and collect an Aid and relief from all the Cells and Monasteries here subject to that Order and from all their Tenants within his Dominions with full protection and incouragement so to do Cl. 34 Ed. 1. Pro Abbate Cluniacensi as by his Patent for that purpose remaining upon Record and too long to be here inserted it doth appear And upon such and the like occasions it was that sometimes privately and at other times openly and with the King's license Collections and Contributions were fet on foot and carryed on throughout
him that King John wrote to the Pope the next year Matr. Paris in An. 1206. fo 214. Quod uberiores sibi fructus proveniant de regno Angliae quam de omnibus regionibus citra Alpes c. That the Pope had greater profits out of England than all other Countreys on this side the Alpes c. Nay and these Levys were continued sometimes for six years together as Thorn notes Thorn ut supr wherein the Kings themselves were wont to promote the business by being indulged by the Popes to go snips in the gains After the death of Pope Clement the 4th the See of Rome continued void two years and ten months Matt. Westm fo 352. Contin Matt. Paris fo 976. Tho. Walsingh by reason of the great discord and potent factions amongst the Cardinals And at last Theobald the Arch-deacon of Liege who had been comrade and fellow-souldier with our King Edw. 1. in the Holy Land was elected and took the name of Gregory the 10th whereupon was made these verses Papatum munus tenet Archidiaconus unus An. D. 1272. Quem Patrem Patrum fecit discordia fratrum The Papal Office one Archdeacon takes Whom Father of Fathers Brethren's discord makes King Edward the First coming out of the H. Land into England after the death of his Father King Henry the Third touch'd at Rome where he was nobly entertained and caressed by his old friend this then Pope Gregory the 10th and between them it was contrived to raise some great summs in England under pretence of aid and succour for the Holy Land and in pursuance thereof a special Nuntio was sent from the Pope Reimundus to compell all Ecclesiastical persons to pay Two years Dismes but so it happened that as the moneys came in the King and the Pope's Collectors scrambled for it but the Pope as was believed got the greatest share and the King wanting for his occasions of state was forced to borrow several summs of the Collectors on sufficient security given for repayment Pat. 20 Ed. 1. m. 10. as by the Bonds Securities Counter-bonds and Acquittances upon that occasion still extant amongst the Tower Records may be seen and by this token that at one time the King received of the Pope's Collectors 100000 marks but not one penny as I can learn employed for the use pretended And from this practice of the King and Popesgoing sharers in these and other summs gotten from the People when discovered grew that infamous Proverb Matt. Paris in An. 1255. fo 917. That the King and the Pope were the Lion and the Wolf as on the like distasted occasion these Satyrical Rhimes had also been made Ecclesiae navis titubat regni quia clavis Errat Flor. Hist An. 1306. Rex Papa facti sunt unica capa Hoc faciunt Do Des Pilatus hic alter Herodes The Church's ship in safety cannot home pass When the chief Pilot once mistakes his Compass When King and Pope are given both to plundring One Pilate proves the other Herod thundring Which trick of sharing with the Popes Arnold Ferron de reb Gall. was learned by the French Kings of ours but some of them grew so cunning at last as to put all that was raised that way into their own Pockets and so out-shot the Pope in his own Bow CHAP. XIV Croisado's CRoisado's and vowed expeditions to the Holy Land and against Turks and Infidels dispenced withall or commuted was another trick of the like nature and oftentimes brought great summs into the Pope's Exchequer For it being observed that the Turks ever warred against the Christians with great alacrity S. Hen. Blunts voiage into the Levanâ— upon a belief that if they were killed ipso facto they went into Mahomet's Paradise The Pope to beat the Turk at his own Weapon would oftentimes publish a Croisado that is invite persons to undertake expeditions against the Infidels upon promise of pardon of all their sins Gapitula apud Gaitintun Chron Gervas fo 1522. Temp. Hen. 2. Speln Concil Tom. 2. fo 117. Rad. de Diceto Coll. 707. Quicunque Clericus vel Laicus crucem acceperit ab omnibus peccatis suis auctoritate Dei beatorum Apost Petri Pauli summi Pontificis liberatus est absolutus as was declar'd in one of our Councils Upon which multitudes of all sorts as Kings Nobles and Common people according to the zeal and perswasion of those times would vow to go and list themselves for the Holy War and in token thereof continually afterwards wore upon their Backs Crouchbacks the sign or badge of a Red Cross as being to fight against the enemies of Christ's Cross Now the Pope being God's Lieutenant over these Troops for mony would absolve these of their vows or such of them as upon second thoughts desired to stay at home Will. Malmâ—â— lib. 4. cap. 2. Frequently would he also divert and turn their Arms to other uses as to subdue the Albigenses Waldenses and many others of the Popes private enemies Matt. Paris in An. 1250. fo 803. And Matt. Paris tells a story how once the Pope sold these crossed Pilgrims to others even for ready money as the Jews did their Sheep and their Doves in the Temple Besides when some great expedition was in hand and great contributions made to carry on the War the Pope must be made the Treasurer but never gave any account of his disbursements keeping or converting all or most of the money to his own use Also in absence of Princes upon those expeditions the Popes and their Officers took their full swings to the inriching themselves besides many other considerable advantages and acquists as by the Histories and Complaints of Christendom in that matter most fully and at large it doth appear CHAP. XV. Ambassadors Agents AMbassadors Leiger and Extraordinary Proctors and Agents constantly residing at Rome with their retinues and servants maintained there by our Kings drew as constantly great summs of money out of the Kingdom For Rome being the seat of Policy and the Popes making themselves concern'd and busie in the affairs of all Princes these took it as it was indeed their interest to have continually their respective Agents and Ambassadors there to sollicite for their Master's interest to oppose contrary Factions and to gain intelligences And for these and the like purposes our Kings always had two three or more at a time there from and to whom multitudes of Internuntio's Carryers and Messengers were continually posting and running with Letters Instructions and Dispatches all occasioning a vast expence And by these it was â— Ninotismo dâ— Roma that the Popes were courted and caressed their Nephews Cardinal Patrons and Favourites bribed and presented For the Popes are never without their Creatures and Privado's a Caesar Borgia a Donna Olympia or some such like who must be effectually dealt withall and by them way made to the Pope's ear and savour besides
the tenth and afterwards Pope himself by the name of Clement the seventh Hieronymus de Nugutiis upon the resignation of Jul. Medices injoyed it many years And such prevalence had the Popes and Cardinals in this matter that once King Edw. 1. having promised the Cardinal-Bishop of Sabine at his instance to present one Nivianus an Italian his Chamberlain to a Benefice in Licolnshire then in his gift by the death of another Italian the Popes Chaplain and forgetting his promise presented his own Clark thereunto but being reminded thereof to make good his promse Pâ—t 5 E. 1. m. 16. De praesemation pro M Aptonio de Niviano he revoked his first Presentation and Presented Nivianus to it as appears by his Patent for that purpose still preserved amongst our Records At such time as Rubeus Mar. Paris in An. 1240. fo 540 and Ruffinus two of the Pope's Factors were very busie here in England in Collecting money for the Pope one Mumelinus comes from Rome with Four and twenty Italians with orders that they should be admitted to so many of the best Benefices that should next fall void Mâ—â—t Pâ—jâ—â— codem anno And in the same year it was that the Pope made agreement with the People of Rome that if they would effectually aid him against Frederick the Emperour their Children should be put into all the vacant Benefices in England And thereupon order was sent to Edmund Arch-bishop of Cant. the Bishops of Lincoln and Salisbury that Provision should be made for Three hundred Romans Children to be served of the next Benefices that should fall unde stupor magnus corda haec audientium occupavit timebaturque quod in abyssum desperationis talia audiens mergeretur as the Historian hath it But this made such an impression upon the Archbishop being a tender man to see the Church in that manner wounded and so much evil in his days that he disposed of his affairs and retired into France where for a little while he lived Godw. in vita ejus bewailing the deplorable state of his Country and of grief dyed at Pontiniac CHAP. XVII Priories-Alien PRiories-Alien were another cause or means of carrying great summs for a long time out of the Kingdom And these were of this Original viz. according to the devotion of the times many forraign Monasteries and Religious Houses were endowed with possessions here in England and then the Monks beyond Sea partly to propagate more of their own Rule and Order and partly to place Stewards as it were to transmit a good proportion of the Rents and profits of these their new acquir'd possessions at so great a distance would either by themselves or the assistance of others build a Cell or competent and convenient reception for some small Covent to which they sent over from time to time such numbers as they thought fit and constituted Priors over them successively as occasion required and thereupon they were called Priories-Aliens because they were Cells to some Monasteries beyond the Seas And these Foundations became frequent after the Conquest So as in the raign of King Edward the third they were increased to the number of one hundred and ten in England With some proportion or allowance out of the revenues of these the Prior and Monks sent over were maintained and the residue transmitted to the Houses to which they were allyed to the great damage of the Kingdom and inriching of strangers In time the Foundations of these Priories-Alien became very numerous being spread all over the Kingdom Lamb. Peram of Kent Weav Fun. Mon. One John Norbury erected two the one at Greenwich the other at Lewsham in Kent both belonging to the Abby of Gaunt in Flanders At Wolston in Warwick-shire a Cell W. Dugd. Warw. in Wolston or Religious House was founded subordinate to the Abby of St. Peter Super Dinam in France Another at Monks-Kirby in the same County Id. fo 50. founded by Geffry Wirce of Little Brittain in France appropriated to the Monastery of Angiers the principal City of Anjou And another at Wotton Wawen in the same County Id. fo 604. a Cell of Benedictin Monks belonging to Conchis in Normandy of all which Mr. Dugdale hath several remarks of Antiquity At Hinckley in Leicester-shire Burton Descrip of Leic. fo 134. a Priory of Canons Aliens was founded by Robert Blanchmains Earl of Leicester or as some say by Hugh Grandmeisnell Baron of Hinckley belonging to the Abby of Lira in Normandy and this of a very good value Roger de Poictiers founded a cell for Monks-Aliens at Lancaster Cambd. Brit. in Lancast Edward the Confessor Id. in Glocest fo 362. by his Testament assign'd the religious place at Deochirst in the County of Gloucester and the Government thereof to the Monastery of St. Denis near Paris in France in this remarkable that it will be hard to given another instance of such an assignation before the Norman Conquest King Henry the third once gave licence to the Jews Stow Survey in Broadst Ward Lindwood Constit lib. 3. Tit. 20. at their great charge to build a Synagogue in London which when they had finished he order'd should be dedicated to the Virgin Mary and then made it a Cell to St. Anthony's in Vienna And near unto Charing-Cross there was another Stow Survey in Westm fo 495. annexed to the Lady of Runciavall in Navarre in the Diocess of Pampelone founded in the fifteenth year of King Edward 4. At Sion Cambd. in Midd. fo 420. in Middlesex there was antiently a Monastery for Monks-Aliens Mr. Cambden tells us when they were expuls'd and how it was converted into a Nunnery for Virgins to the honour of our Saviour the Virgin Mary and St. Briget of Syon But Lindwood tells us Lindwoed l. 3. Tit. 20. that the Superior House to which at first it belonged not mentioned by Mr. Cambden was at Wastena in the Kingdom of Sweden of the Rule of St. Austin But the richest of all for annual revenue Harpsfield Catalog Ae l. Rel. fo 762. was that which Yvo Talbois built at Spalding in Lincoln-shire giving it to the Monks of Angiers in France the yearly revenue whereof was valued at 878 l. 18 s. 3 d. per annum Instances might be made of a multitude more of the like Foundations all tending to carry money out of the Kingdom and most commonly to the King's Enemies beyond the Seas Which mischief being apprehended Rot. Parl. 50 E 3. nu 128. and great complaints thereof frequently made in Parliament these Priories-Alien became oftentimes seised into the King's hands and the revenues thereof sequestred to the King's use and then restitutions made and seisures again as occasion required untill the fourth year of King Henry the fourth Claus 4 Hâ—n 4. nu 30. when a new consideration was had in Parliament about these Priories-Alien and resolved that all should again be seised into the King's hands
excepting those that were Conventual and thereupon Summons was given to all the said Priors to appear on the Octaves of St. Hillary at Westminster and to bring with them all their Charters and Evidences whereby the King and his Council might be satisfied whether they had been Priories Conventual time out of mind or not But notwithstanding this Act and that the former seisures had been made upon this ground that by transportation of the revenues belonging to these English Cells to those Houses in France whereunto many of them belonged and were subordinate the King's Enemies at such times as he had warrs with the French were assisted in the Parl. held at Leic. An. 2 Henry the fifth it being considered that though a final peace might afterwards be made between England and France yet the carrying over such great summs of money yearly to those forraign Monasteries would be much prejudicial to this Kingdom and the People thereof there was an Act then made that all the possessions in England belonging to the said Priories-Alien should thenceforth remain to the King his Heirs and Successors for ever excepting such whereof special declaration was then made to the Contrary Rot. Parl. 2 Hen. 5. nu 9. Al intent sayes the Act que divine Services en les lieux avantdictz purront pluis duement estre fait per genti Anglois en temps avenir que n'ount este fait devant cest heurs en icelles per gents Francois c. intimating the mis-imployment of the same And so from thenceforth our Kings disposed of these Priories-Alien and all their revenues arising hence in such manner as they thought most conducible to the good and ease of themselves and the People Which Act of State proved a Praeludium to the dissolution which befel the intire English Monasteries in the raign of King Henry the eighth CHAP. XVIII Knights Templars and Hospitallers THE Orders of the Knights Templars and Hospitallers were also possessed of large revenues and lands here a great part of the profits whereof was transported away and spent out of the Kingdom For the Original Rule and nature of these Orders several have collected and exhibited them particularly Mr. Dugdale W. Dâ—gd Hist of Warw. fo 704 An. 1 Ed. 2. to whom those that would be satisfied therein are referred For our purpose let it be sufficient to note That in the year 1307. by the King 's special command Hen. d'Knighton coll 2531 and a Bull from the Pope the Templars were generally throughout the Kingdom laid hold on and cast into prison and all their possessions seised into the King's hands Th. Walsingh Hist fo 73. An. D. 1311. The crimes objected against them were very hainous contain'd in divers Articles but whether true or false we will not now examine And it was not long after that the whole Order was condemned and suppress'd in a General Council at Vienna under Pope Clement the fifth and their possessions given to the Knights Hospitallers who injoyed the same here till the 32. year of King Hen. Stat. 32 H. 8â— cap. 24. 8. when an Act of Parliament was made reciting That divers of the King's subjects called Knights of St. John of Jerusalem abiding beyond the Sea receiving yearly out of this Realm great summs of money have unnaturally and contrary to the duty of their allegiances substained and maintained the usurped power and authority of the Bishop of Rome lately used and practised within this Realm he the said Bishop being common Enemy to the King our Soveraign Lord and this his Realm and considering that it were better that the possessions in this Realm belonging to such as adhered to the Bishop of Rome should be imploy'd and spent within this Realm for the defence of the same than converted to and amongst such unnatural subjects c. It was enacted That the said Corporation of Knights Hospitallers within his Majesties Dominions should be utterly dissolved and that the King his Heirs c. should have all their Mannors Lands c. And so the Kingdom was freed of that mischief which their transporting so much money yearly out of it had occasioned Queen Mary a Princess more zealous than wise or politick made some attempt to restore the Convents dissolved by her Father Sand. de Schism lib. 2. fo 30â— and Brother particularly re-instating the Benedictines at Westminster The Carthusians at Shone The Brigetteans at Sion The Dominicans at Smithfield in London A sort of Franciscans heretofore zealous for the legality of her Mother's marriage at Greenwich And the Hospitallers of St. John's of Jerusalem in Clarkenwell But her example was not followed by any of the Nobility or others who had incorporated any of the Abby Lands into their estates but the Queen restored only what remained in the Crown un-aliened from the same But yet such a beginning of hers gave a shrewd alarme to all the rest that they should be attaqued in convenient time with some Acts of resumption which would compel them to refund and that the rather because Cardinal Pool in that Act in this Queen's raign to secure the Abby Lands to the then Owners without a formal passing whereof to quiet at present so many persons concerned Popery would not so easily have bin restored at that time would not absolve their consciences from restitution but only made as it were a temporary palliate cure the Church of Rome but suspending that power which in due time was to be put in execution But for our Hospitallers as I said before they were with some others restored and placed in their shatter'd mansion in Clarkenwell Stow. Survey fo 483. Sir Thomas Tresham being made the Prior of the Order But the short raign of that Queen prevented further restitutions And Queen Elizabeth coming to the Crown permitted all things to remain for some time as she found them so that at her first Parliament she sent writs to the Lo. Prior Tresham and Abbot Fecknam to appear as Barons therein but they were scarce warm in their Seats but they with all the rest of the late restored Orders were once again dissolved and the Kingdom 's fears of refunding and resumption for that time cured with addition of hope never to be so frighted again As Allies and Successors to these Knights Templars and Hospitallers it will not be amiss something to note of the Knights of Malta How they were first expulsed out of the Holy Land and then out of Rhodes by the Turks how afterwards they seated at Nice and Syracuse successively and at last setled in the Island Malta where now they are we referr those that would be satisfied therein to the Historians and Travellers that have taken notice of them Gro. Sandies Trav. lib. 4. fo 229. Travels of Jo. Ray. fo 303. But we are informed by our late Travellers That now in the City of Valetta in Malta they have Alberges Halls or Seminaries of the eight several Nations of the Order
which are the French Italians German English Provençal Auvergnois Castilian and Arragonian These Albergs are buildings like Colledges and the Seignior of each Nation is Superiour of the Alberg Grand Prior of his Nation of the Gran Croce as they call it and of the Privy Council of the Great Master Amongst these there is an Alberg or an apartment for the English Nation or rather a piece of ground inclosed with the foundation of an Alberg the Walls being not quite reared up This standing now void for want of English to stock it some of the Citizens would have bought the ground to have built upon but the Grand Master and Council would not sell it expecting that one day the English Nation would be reduced again to the Obedience of the Roman Church and then it would be finished and replenish'd with such for whom it was first designed In the time of Mr. Sand's being there an Irish-man living in Naples and receiving a large Pension from the King of Spain bore the Title of Grand Prior for the English but who hath since succeeded in that Office I have not thought it very necessary to inquire And in like manner as we are informed the other dissolved Orders especially those as were of greatest note and most richly endowed still keep up and continue their Successions as well as they can with Rentals and Particulars of the possessions of their respective Houses in hopes they will revert once again to their former use CHAP. XIX Elections of Popes and Cardinals THE Election and making of Popes and Cardinals was another way of carrying great summs frequently out of England to Rome And that upon this account The Pope being both a spiritual Monarch and a Temporal Prince it could not otherwise be but by that sway which he bore in the Consciences of such as owned his authority he came to have a great influence over all the State affairs of Christendome besides his challenging a power to depose Kings absolve Subjects of their Oaths of Allegiance dispence with Vows and Oaths and dispose of Kingdoms and States as he pleased and then the Kings and States of Europe acting according to their respective rules of State and Policy there continually happen'd a reciprocation and recurrence of Treaties Leagues Alliances Quarrels and Warrs amongst them And the Popedome being Elective all those Princes and States amongst whom our Kings had their proper concerns made it their interest and utmost endeavour in a vacancy to procure the promotion of such a one to that See as might be favourable or at least not noxious to their interests and designs And hence all the subtile contrivances the secret Cabals sometimes the twisting and at other times the unravelling of interests and factions the canvassing of parties the buying of votes the purchasing of intelligence the bribing of Officers and any thing or every thing that money would do must be set on foot and carryed on with utmost vigour cost and pains At such a time and occasion Rome becomes throng'd with Ambassadors and Agents with their Guards and Retinue from all quarters and all at a vast expence watching labouring and sweating every one for his Master's business whilst the roads are pester'd with Messengers Curriers and Posts carrying and re-carrying of News intelligence and instructions Then by reason of all this packing and canvassing it often happens that the Conclave cannot agree in many moneths though generally those Princes who had bin most liberal have had their turns serv'd and many times again by reason of the fierce opposition and difficulties the Cardinals not to disgust the contending factions are fain to pitch upon some heavy old overgrown man who is likely to do neither hurt nor good or at least not long and sometimes again the Conclave becomes so divided and rent that one part of them chooses a Pope and another part an Anti-Pope and when these with their partisans have for some time scuffl'd tug'd and fought for 't in comes a third dog and catches the hare from them both and sometimes three Popes have been up and in play at one time In this hurly-burly St. Peter's chair is overturn'd and broke in pieces one Pope snatches up part of it and runs into Germany another scrambles for another part and runs with it into France whilst another pieces up the remaining shivers and seats himself at Rome Presently the world is fill'd with complaints Remonstrances and Manifesto's The Emperour storms and sayes his man had foul play and that his Imperial Eagle shall fly his utmost pitch to do him right The surly Spaniard grumbles and protests he will hazard all his Indies before his Creature shall be so baffled And the French King swears that all his Flowers de Lis shall wither before his Confident shall be rooted out neither are our Kings of England only lookers on whilst this game is in playing but either their Arms or their money must be layd to stake on one side In this Battle-Royal after many incounters and ran-counters the weakest though not alwayes the worst most commonly goes to the Walls one of them perhaps sent out of the world with a Fig or a Potion another entrapp'd and thrown into a Dungeon whilst the third for a few moneths or it may be years struts up and down claps his wings and crows as victor and then goes himself to the Pot and leaves the Pit for other Combatants and the spectators to their expectation of more sport Of this sort Bellarmine reckons up six and twenty schisms in the Roman Church but Onuphrius a more exact accountant Onuphr in vita Clem. 7. reckons up thirty whereof some lasted ten some twenty and one fifty years The Contemplation whereof hath caused some to make a very shrewd objection against the perfect unity compleat succession and Divine Infallibility so much boasted of in that Church I might and could easily here make particular instance of all these famous bickerings scuffles and counter-scuffles but the same being obvious to all that converse with books Dr. Stilling-fleet of the divisions of the Rom. Churâ—h and something having bin lately worthily done to that purpose and it being a Parergon to the drift of these papers we will no further ingage in these quarrels than to note that they were cause for the reasons aforesaid of great expence to our English Kings when they thought it their interest to have a friend seated in the Pontifical chair and the reason of that Policy now ceasing we being altogether unconcern'd in that affair the money that used to leak that way is kept within the Kingdom to the great ease quiet and benefit both of King and People I will only here take liberty to mention one famous schisme the procedure and conclusion thereof justifying all that we have before pointed at in this matter About the year 1404. Platina in vitis Innoc. 7 Greg. 12. Alex. 5. Jo 24 Innocent the seventh being Pope by the prevalence of a
Faction one Petrus de Luna was set up at Avignion as Antipope against him between these was great strugling and holding till the death of Innocent but the Faction dyed not with him Petâ—r Moon for the Cardinals chose Gregory the twelfth between whom and Peter de Luna who called himself Benedict the thirteenth the schism continued with great sury whereby such mischief and disturbance grew in the world that to appease the matter there was no other remedy but to depose them both which was done in a Council at Pisa and a third man Alexander the fifth chosen in their rooms the two disbanded Popes sneaking away to their Friends But this Alexander soon dying as not injoying his dignity above eight moneths A Neapolitan Balthasar Cossa was chosen in his stead who took the name of John the twenty-fourth and then the two discarded Popes peep out and begin to stir again with many abetters on all sides To compose all which there being now three Popes on foot at once a Council was call'd at Constance where all these three were deposed in which transaction the King of England had a great stroke as Platina expresly sayes but long it was In vita Johan 24. and with much ado before all would submit to Martin the fifth who was then chosen Gregory the twelfth dyed soon of grief upon it Peter de Luna betakes himself to a strong Castle and stands upon his guard and justification having many friends and particularly the Scots as is specially remembred but all would not do his party was run down and he from that time vanished The third that is John 24. took his heels and ran for 't in a disguise but being discovered and apprehended by the Count Palatin he was kept several years a Prisoner Platina sayes in the Castle of Heidelberg Camerar Hist meditat l. 4. cap 7. but Camerarius hath it in the Castle of Mansheim where sayes he they use to shew the Chamber in which he was imprisoned and where at his Exit he left these verses of his own making bewailing the lubricity of fortune the vanity of the world and his own Captivity Qui modo summus eram gaudens nomine Praesul Tristis abjectus nunc mea fata gemo Excelsus Solio nuper versabar in alto Cunctaque gens pedibus oscula prona dabat Nunc ego poenarum fundo devolvor in imo Vultum deformem quemque videre piget Omnibus e terris aurum mihi sponte ferebant Sed nec gaza juvat nec quis amicus adest Sic varians fortuna vices adversa secundis Subdit ambiguo nomine ludit atrox Papa fecit I who of late injoy'd the highest place Now all forlorn bewail my wretched case I lately wore the glorious Triple Crown All kiss'd my feet with humbly-falling down But now I 'me thrown into a pit of woe And my abhorred face dare hardly show From all parts treasure flowed in to me But now or Gold or Friend I cannot see Thus Fortune's rolling wheel pursues its scope Sometimes she smiles and then deludes our hope By the Pope But up his exauctoration or reducement one made this Distich Balthasar imprimis vovitabar inde Johannes Depositus rursus Balthasar ipse vocor First Balthasar and then Pope John I was But now depos'd for Balthasar must pass Neither was all this labouring tugging and canvassing for that supream dignity of the Popedom only but proportionably as great endeavours and expences were had for the obtaining of the intermediate promotions of Priorys Abbacys Bishopricks and Cardinalships all being as mediate steps whereby to mount at last the Pontifical Throne And this matter of promotion and preferment continually carryed great summs to Rome from private and particular persons who aimed to climb as high as money would carry them and without that the greatest merit or endeavours were but to little purpose Ambition is rooted in the nature of all men and scarce ever any took Orders but he design'd to arrive at the highest dignity his Order was capable off hence all that holding thrusting and striving for all those improveable and growing preferments here from the Priest to the Bishop and all that appealing and running to Rome for Confirmation and after that all the sollicitations bribing and driving of interests for a Cardinalship and never any rest till they arrive at St. Peter's Chair or the Grave In the raign of King Henry the Fifth Spâ—ed Chron. in Hen. 5. what a vast summ of money was amassed by H. Beaufort Bishop of Winchester of which at one time he lent the King 20000 l. and took his Crown to pawn for it with part of this he obtain'd a Cardinalship but lived not to finish with the rest his design'd purchase of the Papacy In the raign of King Henry the Eight Lo. Herb. Hist Hen. 8. the great and rich Woolsey was never quiet but alwayes caressing and presenting with great summs sometimes the Emperour sometimes the K. of France and at all times some leading Cardinals for their interest and favour for his Election to the Popedom and thereupon after the death of Pope Leo the tenth he renews his sollicitations to the Emperour and French King and sends Doctor Pace his Agent with good summs to the Cardinals at Rome but Adrian the sixth was chosen before the heavy sollicitor came to the end of his journey But then again after the death of this Adrian Woolsey puts hard for it again with all that wooing intreaty and money could do but such an ill Planer reign'd over his projects that he was gull'd of his money and baffled once again Julio de Medici by the name of Clement the seventh carrying it clear from him but a little to comfort our repulsed Cardinal upon his earnest request this Pope Clement condescended that the Legantine power which Adrian before had granted only for five years and so from five years to five years should now be conferr'd â—on Woolsey for term of life whereby he might injoy a kind of Papal authority in England which he missed at Rome but this Cordial proved too strong for him to digest and utterly ruin'd his constitution as by the series of his story doth appear And now these mighty endeavours and expenses for those promotions in the Court and Church of Rome to Cardinalships and the Papacy makes me conceive it not altogether impertinent here to make a little enquiry what Countrymen of ours attained those dignities and whether the pains and cost expended was answered by the preferment I confess not many of our Countrymen have reached those high dignities of Pope and Cardinal though always some or other of them have been gaping and aspiring that way the Pontifical Chair and the steps to it having been mostly possest by Italians intimated by that noted Observation in Italy it self That of the Romans Sr. Edw. Sands Eâ—rop specal 10.91 the Priests are the most wicked And of the
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
exortus prosapia dum carnis clausus carcere tenebatur pauper spiritu mente mitis justitiam sitiens misericordiae deditus mundus corde vere pacificus prout firmiter recolimus nos expertos utpote cujus apud nos diu laudabilis conversatio gloriosae vitae insignia ex mulâ—a familiaritate quam nobiscum habuit eadem fuerunt evidentius nobis nota quod Sanctitatem ipsius conversationem laudabilem cernebamas quemadmodum degens in seculo magnis pollebat meritis nunc veniens in coelo magnis corruscare miraculis dignoscatur in tantum quod ipsius meritis intercessionibus gloriosis lumen caecis surdis auditus verba mutis gressus claudis alia pleraque beneficia ipsius patrocinium implorantibus coelesti dextera conferuntur de quorum miraculorum corruscatione multiplici nonnullis de regno nostro certitudinaliter innotescit Nos attendentes per Dei gratiam fideles in Christo nosque praecipue populum regni nostri ejus posse suffragiis adjuvari ut quem familiarem habuimus in terris mereamur habere Patronum in coelis Sanctitati vestrae devotissime supplicamus quatenus tantam lucernam absconsam sub modio remanere diutius non sinentes set eam mandantes super Candelabrum collocari hiis qui sunt in domo Domini solatium praebituram dignemini ipsum ascribere Sanctorum Cathologo venerando ut ejus precibus Dominus exoratus gratiam in praesenti gloriam nobis praebeat ia futuro Conservet vos Altissimus ad regimen Ecclesiae suae per tempora foeliciter longiora Dat. apud Westm Secundo die Novemb. Anno regni nostri 33. And upon this as I said before he was Canonized for a Saint The Letter it self I have the rather exemplified at large that you may see upon what ground the Popish Confidence is founded and what by-wayes have been beaten in quest of Heaven King Henry the seventh had a desire to have had King Henry the sixth Lo. Bacon Hist Hen. 7. fo 227. his Predecessor Canonized for a Saint thereby to acquire some coelestial Honour to his own House and Line of Lancaster and for that purpose he dealt with Pope Julius who knowing that he had an able Chapman in hand made his demands accordingly Some indeed say that that Pope who was a little more than ordinary jealous of the dignity of the See of Rome and of the Acts thereof knowing that King Henry the sixth was reputed in the world but for a simple man was afraid it would diminish the estimation of that kind of Honour if there were not a distance kept between Innocents Lo. Bacon supr Speed Chron. in Ed. 4. fo 885. and Saints But the general opinion was that Pope Julius was too dear which the wary King perceiving having somewhat tasted of the charge in expences upon witnesses References Commissions and Reports for the verification of his Holy Acts and Miracles a thing usual in the Court of Rome when a good Client comes thought good to reserve his money for some better bargaine and withdrew his suit betimes Et sic nihil inde venit The manner of Canonizations with the Ordinary charges Sir H. Spelm. Conc. Tomâ— fol. 717 718. too long to be here inserted but most worthy to be noted you may find exhibited by Sir H. Spelman in the second Tome of his excellent collection of the English Councils CHAP. XXI Pope's Legats Collectors IN the foregoing Chapters particular instances have been made of some of those many and great summs of money heretofore going out of England to the Pope and Court of Rome with some of the wayes and means of drawing the same thither wherein we had occasion of mentioning the Pope's Legates Agents Collectors and Officers imployed about the gathering and transmitting those summs of some of whom it will not I conceive be impertinent to revive some memorials as tending something to the amplification of the particulars before specified Pandulfus of these shall be the Antesignanus though not first in time Pandulsus Matt. Paris John Serres Hist in Phil. August Speed Chron. yet as most notorious To him as the Pope's substitute it was that King John was inforced to surrender his Crown laying the same his Scepter Robe Sword and Ring the Royal Ensigns at his feet subscribing to a Charter whereby he surrendred his Kingdom to the Pope and paying an Annual Pension of 1000 marks for both the Kingdoms of England and Ireland and professing that thenceforward he would hold Crown and Kingdoms as a Feudetary to the Pope But of this Legat and this action enough before in King John's Pension from whom we pass to Nicolas Thusculanus Nicolas Thusculanus who was the next Legat and came to get the former Grant of King John renewed This man sped so well in his Negotiation as he returned to his Master with great summs of money besides having disposed of a multitude of the spiritual Dignities and Benefices to the Pope's Kinsmen to Italians and Strangers all absent unknown and insufficient yea and to some unborn John Derlington was several years Collector of Peter-Pence Jo. Derlingt Disms and other summs accruing hence to Pope John Nicolas the third and Martin the third of whom Leland sayes thus Jo. Leland Coll. Nullo enim tempore defuerunt suae artes Romanis corrodendi pecunias relicto religioso Apostoli Petri Derlingtonus iniqui proditoris Judae permansit in Officio to reward which service of Derlington the Pope by Provision made him Archbishop of Dublin In an 7 Ed. 1. Bal. de Script Britt Cent. 4. c. 56. wherein as John Bale sayes he carryed himself ut mercenarius non Pastor non ut pascat sed ut mulgeat vel tondeat Otho comes next Otho Matt. Paris fo 446. Acts Mon. Tom. 140.260 H. d'Knight coll fo 2440. who how received and presented how he abused the King pilled the Clergy and in intolerable manner damnified the whole Kingdom is at large related by Matthew Paris and others one viz. Henry de Knighton gives him this exit Hic cum esset onustus pecunia quaedam Statuta edidisset reversus est ad locum unde exierat Of him we meet with this passage Once making an essay to enter Scotland to see what he could get there the Scots King advised him to beware for his Subjects were rough fellows and certainly would do him a mischief when they understood his errand Besides it being a bare Country he might well be slighted as once an honest poor man did the Thieves which he was told were broken into his house Let them alone said he for they will have much ado to find something in the dark when I my self can find nothing in the light But notwithstanding all this discouragement on he went as far as he durst that is to the Borders where some of the Bishops of Scotland meeting him partly with good words and partly with meances
something he got out of them as I remember about 3000 l. of which no doubt but he gave a good account At another time this Otho came to Oxford where he was entertain'd with good respect Ypod. Neustr fo 59 Knighton Coll. 2432 Polychron l. 7. c. 35. and the Schollers after dinner coming to give him a visite the rude Porter at the Gate gave them an uncivil repulse which with throwing scalding water in one of their faces and in revenge thereof the death of the Master Cook such a hubbub was raised that the Legate was glad for safety to get into the Steeple where sculking he might hear the rabble ranging about searching for him and crying out where is that Usurer that Simoniack that piller and poller and filcher of our money who perverting the King and subverting the Kingdom inricheth strangers with our spoils But in the dead of the night out he creeps and with some difficulty got over the River running to the King not far off to whom he tells a pittiful story with his hazards beseeching his protection for those of his Company in great danger left behind Whereupon the King presently sends a Company of armed men who apprehended thirty Schollers ingaged in the Riot which they carryed in Carts to Wallingford Castle and thence to London who being brought barefoot to the Legate's dore upon great intreaty of the Bishops and their penitent submission all were pardoned and the University released of Interdiction Petrus Rubeus comes next in play Pet. Rubeus for the understanding of whose Negotiation and Artifices I will give you only one Paragraph of Matthew Paris Matt. Paris in An. 1240. fo 533. Flor. Hist An. 1240. viz. Per eosdem dies venit in Angliam nova quaedam pecuniae exactio omnibus saeculis inaudita execrabilis Misit enim Papa pater noster Sanctus quendam exactorem in Angliam Petrum Rubeum qui excogitata muscipulatione infinitam pecuniam a miseris Anglicis edoctus erat emungere Intravit enim Religiosorum Capitula cogens seducens eos ad persolvendum exemplo aliorum Praelatorum quos mentitus asserebat gratanter persolvisse Dixit enim ille Episcopus ille ille Abbas ille jam libens satisfecit quidnam vos ignavi tam moramini ut grates cum muneribus amittatis Fecit enim praedictus Impostor jurare ut hoc genus pecuniam extorquendi nulli hominum infra dimidium anni facerent manifestum quasi eliciens hoc ex singulorum primitiva professione cum tantum de honestis sit Consilium Papale celandum Hoc faciendo more praedonum domesticorum qui fidem ab expoliatis extorquent ut nulli pandant nomina spoliantium Sed etiam si homines silerent lapides Ecclesiarum contra grassatores clamorem levarent Nec potuit hoc maleficium latere sub tenebris quomodo enim possent Praelati à suis sibi subjectis pecuniam exigere nisi causa exactionis exprimeretur To all which being so plain and notorious although there needs neither Translation nor Comment yet the English Reader may please to know the import of it to be this An D. 1240. That about that time came into England an abhominable way of exacting money never heard of before For our Holy Father the Pope sent a notable fellow Peter Rubeus by name who with a cunning mouse-trap trick wip'd the poor English of infinite summs of money For he would come amongst the Ecclesiasticks when they were met together in their Chapters and perswade and compel them to promise and pay certain summs telling them lies that many others had given freely That this Bishop and that this Abbot and that had given such and such summs and upbraiding them for their slackness Then the Impostor would make them swear that they would not discover to any one within half a year what they had given telling them that was the antient way of keeping the Popes secrets according to their Oath or promise at their first profession Therein doing like Thieves that extort Oaths from them they rob not to discover their names But here if men should hold their peace the very stones of the Churches would cry out against these robbers c. Contemporary with Rubeus Ruffious Mumelinus were Ruffinus and Mumelinus who acted their parts also in this Tragedy and of whom something before Stephanus Stephanus An. D. 1249. another of the Pope's Legates took his turn also to the great profit of his Master and the universal damage of the Kingdom For the Pope being at difference with the Emperour Frederick this Stephanus was sent to demand and collect the Tenths of all moveables of all the Clergy and Laity both in England Ireland and Wales on which occasion the Argument was apply'd That Rome being the Mother of all Churches ought to be relieved by her Children which was done very dutifully at that time Walo another Legat Walo must not be forgotten and his Province was to gather Procurations throughout all England of all Cathedrals Churches and Religious Houses which he managed strenuously William de Testa was another of the Pope's Legates and Collectors W. de Testa Flor. Hist An. 1307. Tho. Walsin fo 64. Ypod. Neust 97 98. Matthew Westminster and Thomas Walsingham end the raign of King Edward the first with the general Complaints of the Nobles Commons and Clergy of England against the grievances and exactions of this William de Testa and one Peter Hispan the Pope's Legat à Latere in the Parliament held at Carlile The Petitions and address to the King Ryley Placit Parliamentaria fo 376 377. Albertus c. for remedie of those grievances are very remarkable still preserved amongst our Records and lately exhibited to publick view Albertus Alexander Johannes Anglicus Johannes de Diva Ferentinus Martinus Rustandus Petrus Enguelbanck Gasper Pons Pol. Vergil and a multitude more might here be remembred but our Histories being generally fraught with their Acts and devices the curious are referred thither for more satisfaction if they please Besides these Legates Collectors Caursins Lombards and Factors there was another sort of men came over into England much instrumental in improving An. D. 1235. and transmitting the Pope's moneys And these were called Caursins and Lombards Mart. Paris in Hen. 3. fo 417. Italians by Country and terming themselves the Pope's Merchants these drove the trade of letting out of money of which they had great Banks and were esteemed far more severe and merciless than the Jews Matthew Paris gives this Etymology of the name Caursini quasi Capientes ursini because they worryed men like Bears Now because the Pope's Legates and Collectors were all for ready money when any summ by Levy First Fruits Tenths Dispensations c. became due and payable to the Pope by any Prelate Covent Priest or Lay person these Caursins would furnish them with present Cash upon their entring into some solemn Bond or
Obligation as security for so much money lent The form of which Bond or Obligation in English was as followeth To all that shall see this present writing Thomas the Prior and the Convent of Barnwell greeting c. Know ye that we have borrowed and received at London for our selves and profitably to be expended for the affairs of us and our House from Francisco and Gregorio for them and their partners Citizens and Merchants of Millain one hundred and four marks 13 s. 4 d. of lawful money Sterling being counted to every mark Which said one hundred and 4 marks we promise to re-pay at the Feast of St. Peter ad Vincula at the new Temple in London An. D. 1235. And if the said money be not fully payd at the said time and place we bind our selves to pay to the said Merchants or to any one of them or their certain Attorney for every Ten marks forborn two moneths one mark for damages by reason of non-payment with the expences of one Merchant with his horse and man till the money be all payd And for payment of Principal Interest damages and expences we oblige our selves our Church and successors and all our goods and the goods of our Church moveable and immoveable Ecclesiastical or Temporal which we have or shall have wheresoever they shall be found to the said Merchants and their heirs And do recognize and acknowledge that we possess and hold the said goods from the said Merchants by way of courtesie only untill the said money be fully payd And we renounce for our selves and successors all aid of Canon and Civil Law all Priviledges and Clerkship the Epistle of St. Adrian all Customs Statutes Letters Indulgences Priviledges obtained for the King of England from the See Apostolick as also we renounce the benefit of all Appeals or Injunctions with all other exceptions real or personal which may be excepted against the validity of this Instrument All which we promise faithfully to observe In witness whereof we have hereunto set the seal of our Covent Dated at London Die quinto Elphegi Fest S. Elph. April 19. in the year of Grace 1235. You see by this how sure and firm they made their security and then the severity of these Caursins oftentimes constrained their Debtors to sell even their Chalices and Church Plate to discharge these Obligations and secure the rest of their goods for which they became so hated and obnoxious that Roger Bishop of London once excommunicated them for their wicked oppressions but then they appealing to their good friend the Pope Stow Survey of London fo 217. he interpos'd and caused the Bishop to desist A street in London from their meeting and residing there then acquir'd and to this day retains the name of Lombard-street quasi Banker-street On sall of the Pope's revenues here these Caursins pack'd up and transplanted themselves into other Countrys CHAP. XXII Complaints of the People WHat sense the People had of all these grievances burdens and extorsions and what complaints they made upon the same if I should go about to exemplifie out of our Records and the Historians who have delivered them amply and at large it would be infinite and far exceed our designed limits Nay many learned Romanists themselves as Cl. Espencaeus Marsilius of Padua Nic. Clemanges Theodoric de Nyem Aeneas Sylvius Mantuan and a multitude more have with open mouths cryed out against the avarice and exactions of the Popes and Court of Rome one of them saying That Rome being at first founded by Robbers doth yet retain her first Original and that it is called Roma quasi rodens manus and this Rhime thereupon made Roma manus rodit quos rodere non valet Johan Andreas odit and this Dante 's custodit non dantes spernit odit And Germanus Matt. Paris in Hen. 3. Archbishop of Constantinople once signified to the Cardinals at Rome That the Grecians were much scandalized and stumbled at this That the Cardinals desired to be accounted his Disciples who said Silver and Gold have I none when they were altogether intent upon gathering of Silver and Gold Petrarch in an Epistle of his saith That the grim Porter is appeased with Gold That Heaven is open'd with Gold and Christ himself sold for money Impres Paris An. D. 1520. And for the prices and rates there is a notorious Book styled Taxa Camerae Apostolicae specifying what may be had at Rome for money and for how much For our selves what a multitude of complaints do we meet withall made in and by Parliaments in the raigns of King Hen. 3. Ed. 1. Ed. 3. and of other Kings of all these grievances An. 21 Ed. 3. An. 40 Ed. 3. Rot. Par. and mischiess all preserved upon the Rolls as so many scarrs of the wounds which that way our Ancestors received from Rome And what advices the Parliaments gave to our Kings in that case our Records abundantly testifie Anno 18 Ed. Rot. Parl. 18 Ed. 3. 3. The Commons find great fault with Provisions coming from Rome whereby strangers injoyed the best Dignities and Benefices causing decay of Hospitality transporting the Treasure of the Land to the Kings Enemies the discovering the secrets of the Realm with many other mischiefs and inconveniences humbly beseeching the King and Nobles to find some remedy whereupon by common consent the Act of Provision was made to remedy those mischiefs as by the Act at large it doth appear The transactions in Parliament held at Carlile are very memorable to this purpose Ryley Placit Parliament fo 376 c. consisting of Petitions to the King for some relief in these grievances which produced a Letter or Remonstrance of all the Papal oppressions and exactions drawn up in the name of the King Nobles and Commons of England and sent to Pope Clement by special messengers all still preserved amongst our Tower Records and lately published to the World A multitude more of Petitions Remonstrances Orders Ordinances and Statutes to the same purpose might here be amassed against the Pope and the intolerable exactions and extorsions of his Legates Nuncio's and Collectors but to avoid tediousness I referr the Reader to that excellent Abridgement of the Tower Records from K. Edw. 2. Sr. Rob. Cotton's Records Impres An. 1657. vid. ib. 50 Ed. 3. fo 128. to K. Ric. 2. by Sir Robert Cotton lately Printed where most plentiful satisfaction may be had Hitherto of publick complaints now for those of particular persons I cannot omit that of Robert Grosthead the devout and famous Bishop of Lincoln who observing the miserable burdens endured by his Countrey from these Romish exactions took the boldness to write a Letter thereof to Pope Innocent the fourth exemplified at large by Mat. Matt. Paris in Hen. 3. An. 1253. fo 870. Paris expostulating with him to this purpose That by his exactions and Instruments with non obstante he brought on this Nation a Noah's
flood of Mischiefs whereby the purity of the Church was desiled and the Common-wealth perturbed That by his Reservations Commenda's and Provisions of Benefices for such persons as sought to fleece and not to feed the flock of God he committed a sin than which none was at any time more hateful to God or destructive unto man except that of Lucifer nor ever will be but the sin of Antichrist He signified further that no man could with a good Conscience obey the mandates he had sent though they came from the highest order of Angels for they tended not to the edification but the utter ruine of the Church With much more to the like purpose At all which the Pope was so gall'd that he exclaim'd against him thus What means this old dotard this surd absurd man thus to arraign our actions By Peter and Paul I could find in my heart to make him a dreadful example to all the World Is not the King of England our Vassal and both he and his at our pleasure But some of the more temperate Cardinals endeavour'd to allay the Pope's heat telling him the Bishop had said nothing Ut enim vera fateamur vera sunt quae dicit Mat. Parisupr but what they all knew to be true and that it would not be discretion to meddle with a person of his piety worth and fame whereupon all was smother'd and no more words made on 't But for that notable Epistle it self I have been credibly told that it is inrolled in perpetuam rei memoriam in the Red Book in the King's Exchequer at Westminster with this Marginal Note Papa Antichristus And there is a very memorable Epistle of Petrus Cassiodorus a noble Italian Knight Jo. Bal. de Rom. Pont. Act. lib. 6. Acts Mon. vol. 1. fo 46◠written to the English Church about the twenty ninth year of K. Edw. 1. exhorting them to cast off the Romish yoak of Tyranny oppression and exaction formerly preserved in Manuscript in St. Albans Monastery but since made publick too large to be here inserted but most worthy to be perused The Poets also according to the scantling of the wit of those times spared not to satyrize upon these intolerable exactions of the Popes one whereof made this Distich Roma capit marcas bursas exhaurit Antiquit. Britt An. 1337. arcas Vt tibi tu parcas fuge Papas Patriarchas Rome drains all Bags all Chests and Burses Of all their Pounds and Marks If therefore you would save your Purses Fly Popes and Patriarchs Observable also is it upon these incroachments and extorsions how sometimes our Kings would despond and tamely suffer the Popes and their Legates to grow upon them and at other times rouze up themselves and give some check to their insolencies As K. Hen. 3. though a facile man yet was once so inrag'd against Rubeus that he bad him be gone out of his Kingdom in the Devil's name And as these exactions were at the height in that King's time yet his Successors did not always suffer them so to continue being forced to set some bounds to those avaricious torrents Pol. Vergil Hist in Ric 2. lib. 20. by the Statutes of Provisors and Premunire and oftentimes to give stout denials to unreasonable demands as the English Clergy themselves at last Lo. Herb. Hen. 8. fo 57 59. adventured to do in the years 1515. and 1518. And observable also is it that Q. Mary though most zealous for the Doctrines of the Church of Rome yet in restoring the Pope's Supremacy she and the State were very cautious like those whom others harms had made to beware and some prudent provisions were made in that behalf Stat. 1 2 Phil. mar cap. 8. Coke 3. Instit cap. 4. fo 127. neither were the Statutes of Premunire repeal'd in all her raign but the Pope's Supremacy was restor'd not simpliciter but secundum quid as bounded within some legal limitations But her raign was short and not pleasant and the Pope wanted time to work her for his purpose for having got his head in he did not doubt but by degrees to thrust in his whole body for it is ever observable that in the Papal concerns there is no moderation for they must have all or nothing let their pretences and promises at first admission be what ever they will And whatever Prince or State shall once admit of any Papal authority within their Dominions their destiny may easily be read that they and their people must for ever after be slaves or if they once begin to boggle or kick the Casuists have legitimated many ways to rid them out of the World for the advancement of the Catholick cause and the propagation of the Roman Faith Now after this imperfect Account given of the Rents and Revenues of the Popes heretofore issuing out of this Kingdom if any one shall desire to have some estimate made of the summs I must profess it beyond the reach of my Arithmetick and when I see any Accountant do it Erit mihi magnus Apollo Yet this is certain that they were very vast Otherwise there was no ground for that Complaint which was made by the Kingdom 's Representative in the raign of K. Edw. 3. Rot. Parl. 50 Ed. 3. nu 105. Mat. Paris 224. That the Pope's Collector held a receipt or audit equal to a Prince Or for that which King John wrote to the Pope in his time That this Kingdom yielded him more profits than all the other Countreys on this side the Alpes Id. 224. Or for that boast of the Pope Vere inquit Papa hortus noster deliciarum est Anglia vere puteus est inexhaustus Et ubi multa abundant de multis multa sumere licet Antiq Britt fo 178. Or for the computation made in the time of King Hen. 3. Repertus est annuus redditus Papae talis quem ne regius quidem attigit That the Pope's rents exceeded the Crown revenues Or the Remonstrance to the same purpose from the whole Kingdom to Pope Innocent the fourth in the year 1245. Matt. Paris fo 666. 698. Act. Mon. Tom. 1. exhibited by Mat. Paris Fox and others too long to be here inferred but most worthy to be read and the import thereof throughly understood Nay we may well judge the Pope's incomes to exceed all account when it appears that notwithstanding some notable provisions of State to the contrary the Pope's intradó should yet carry so huge a proportion That in the Parliament held in the twenty third year of King Hen. Io. Herb. Hist Hen. 8. fo 330. 8. it was computed that the Papacy had received out of England for the Investitures of Bishops only since the second year of King Hen. 7. not much above 40 years 160000 l. sterling an incredible sum considering the scarcity and value of silver at that time and the laws against such exportations And the sums going to Rome
injoined such penances as made to the prejudice of the sinners purse but their own profit Of the Exorbitances of these cloister'd Monks and Fryers many examples might be produced as of their Ribauldry Lechery Quarelling Fighting Idleness Cheating Thieving Debauchery Gluttony c. all maintain'd by the People's money but we will here content our selves with one instance only Cook 4 Insti c. 11. fo 112. King Edward the first about the latter end of his raign having collected a vast summ of money to carry on his warr against the Scots and layd it up in his Treasury at Westminster his Treasury was broken up in the night and one hundred thousand pounds in money besides Plate and Jewels stol'n out of it by the Abbot and Monks of Westminster and their confederates whereof eight and forty Monks with the Abbot were apprehended and sent Prisoners to the Tower and by Inquisition and examination of witnesses it appeared that divers of the Monks and other persons in the night time were seen often passing to and fro the Kings treasury Pat. 31 Ed. 1. m. 23. dors De inquirend de thesaurar Regis fracto and the Abby carrying bundles in their arms and laps and that they conveyed away by water great hampers that were very heavy and some part of the King's Plate and Jewels were found and seised in London and other places upon which the Monks were long detained in prison till afterwards released by the King 's special command when he repaired to Westminster to give thanks to God for his Victories over the Scots Matthew Westminster Matt. Westm An. 1303. a Monk of that Abby minceth this story of the Robbery of the Kings Treasury in favour of the Monks and sayes that only Ten of them were imprisoned when it appears by the Record that 48 of them Cook ut Supra with the Abbot were imprisoned and Indited for it And upon this occasion it was that the Court of Exchequer sometimes called the Novel Exchequer was new built Chanterys Free-Chappels and Colledges as they were instituted and employed spent and exhausted huge summs of money and revenues the purposes of which expence will appear in the brief description of the nature of those Foundations A Chantery so called à Cantando was a Chappel commonly annexed to some Parochial Chantery Collegiate or Chathedral Church endowed with Lands or some other yearly revenues for the maintenance of one or more Priests daily to sing Masse Vid. Stat. 37 H. 8. ca. 4. 1 Ed. 6. ca. 14. for the souls of the Donors or Founders and such others as they did appoint Now the exact number of all these in England cannot be known for they were very numerous but if at Mathematician measured Hercules by his foot a probable conjecture may be made of them from those which were founded in the Chathedral of St. Paul in London for in the second year of King Ed. the sixth a certificate was returned by the Dean and Chapter of St. Paul's to the King's Commissioners affirming that they had seven and forty Chanterys in that Church according to which proportion there was certainly a vast revenue swallowed up by them throughout the whole Kingdom For there was not a Cathedral or Collegiate Church in England but some number of Chanterys were founded in them and in many Parochial Churches also And if the modell of the Country Churches be observed very often some additional building or excrescence appears differing from the old or first Fabrick erected and used for these Chanterys And that the nature and use of these may be the better apprehended we will here specifie the Foundation and Ordination of one of them viz. Thomas de Pakinton in the year 1348. W. Duadale Amiq. Warw. in Chelmscote An. 22. Edward the third founded a Chantery at Chelmescote in Warwickshire and setled Lands and Tenements of a good value to maintain four Priests to sing Mass for his Lord the Earl of Warwick his Countess Children and Ancestors as also for himself his Parents Kinsfolks and their posterity and for the Souls of all faithful people deceased in manner following viz. Two of them which were to inhabite near the Chappel at Chelmscote every day to sing the Mattens of the day and of the blessed Lady with all Canonical hours distinctly and openly and to sing Mass daily viz. one of them every Sonday and on the great Festivals and on Monday the Mass of the holy Trinity Tuesday of St. Thomas the Martyr on Wednesday of St. Katherine and St. Margaret Thursday of Corpus Christi Friday of the holy Cross and Saturday of the Annunciation of our Lady The other Priest to celebrate every day the Mass of Requiem for the Souls of all faithful departed this life and in every Mass to say 7 Collects one of the celebration of the Mass the second for him the said Thomas de Pukinton viz. Deus qui Caritatis c. the third also for him after his death Deus cujus misericordiae c. the fourth of St. Thomas the Martyr the fifth of the Annunciation of the blessed Virgin the sixth for the Souls of the deceased beginning with Inclina the seventh the general Collect which beginneth Sanctissima Dei genetrix Maria especially naming therein the said Earl his Countess and Children and him the said Thomas de Pakinton and all his kindred and upon all Holy dayes to say a Placebo and Dirige with special commendation of the Souls of the Persons before spoken of and the souls of all the faithful deceased Likewise he ordained that the other two Priests should live together near the Church and be daily present therein at Mattens and all other Canonical hours to joyn with the other Priests except just cause and hinderance happened and daily sing Mass at the Altar near his Fathers grave And that all these Priests before their admission to these Chanterys should take their corporal Oaths to observe all the Orders to their utmost power And this Ordination containing several other particulars was confirm'd by the Canons of Kenilworth Rectors of the Church by John de Chelmescote Vicar the Earl of Warwick and Bishop of Worcester Free-Chappels were such as were founded Free-Chappels and endowed and had no relation unto or dependance on a Mother-Church saving only the right of Sepulture and these were greater than Chanterys having greater Revenues and more room for Priests and more Priests for that room to fing Mass and pray for the souls of the Founders and others according to the institution Colledges were Foundations of like nature Colledges and though fewer in number yet were richer than both the former amongst which the Colledge of Fotheringhay Speed Catal. in Northampt. in Northamptonshire was yearly valued at four hundred nineteen pounds eleven shillings ten pence half-penny For the Offices and imployments of the Priests in these and the Free-Chappels maintained they were much of the nature of Chanterys of
and unacquainted and half forgotten Suppliants poor Prisoners of God the silly Souls in Purgatory here abiding and induring the grievous pains and hote clensing fire c. But yet not trusting to the uncertain Charity of others most persons strained to the utmost and many most excessively their fortunes considered to leave some provision behind them for that purpose and most commonly by their last Wills and Testaments which were accounted sacred and carrying an Obligation more than ordinary for all persons concern'd to see them performed and thereby or by Acts executed in their life-time it was not rare for many men though they had many Children to provide for or many debts to pay to post-pone all relations and considerations to this concern of the Soul and to appoint and take Order for Masses Satisfactory Anniversaries Obits Requiems Dirges Placebo's Trentalls Lamps Lights and other offices to be performed daily weekly monethly or yearly as far as the summs destin'd would afford for the ease and help of the Testator's Soul Masses satisfactory Masses were the Romish service appointed to be said or sung at a certain time or times and at an appointed place at such an Altar or in such a Chappel with special reference to or remembrance of such a Soul or Souls tormented in Purgatory An Anniversary Anniversaâ—y was the appointment and performance of Prayers at such or such a time once a year for the souls of deceased persons Commonly upon the day of the death of the party who appointed it and this in imitation of the old Anniversary dayes whereon the Martyrdom or deaths of Saints were celebrated An Obit Obit was a funeral Office performed for the dead and for his Soul's health at certain times and place appointed A Requiem Requiem was on Office or Mass commonly sung for the dead so called from those words in it Requiem aeternam dona eis Domine A Dirge Dirge quasi dirige was an office of the same nature for Souls in Purgatory so called from the first word of the first Antiphone in the Office Dirige c. A Placebo Placebo was another such like Office or Service performed for the health and good Estate of some Soul or Souls so called from the word Placebo being the first word of the Office A Trental from the French Trente Trental was a service of thirty Masses said or sung for the dead or a service performed thirty dayes after their death Lamps and Lights Lamps Lights were by many ordered to be continually burning before some certain Altan Image or place or over some Sepulcher so hallowed as conceived to afford some ease or benefit to Souls in Purgatory The revenues that were given and setled for the maintenance of these and such like devices which were very considerable throughout the Kingdom were by the Stat. 1 Edward the sixth Cap. 14. Stat. 1 Ed. 6. Cap. 14. given to the King and they as vain and Superstitious inventions quite nulled What an esteem was formerly had of the vertue and efficacy of these Masses c. may partly appear by a memorable Record still extant viz. Alianor Consort of King Edward the first dying Pat. 19 E. 1. m. 11. Litera supplicatoria de orando pro regina defuncta the King sent out a writ to all the religious Houses and Monks of Cluny in England to sing Masses and make Prayers for her Soul and to câ—rtifie him the number of the Masses they should perform on that behalf that proportionably he might shew his gratitude to them So in the year 1290. Chron. W. Thorn Coll. 1958. Dominus Thomas Prior of Christs Church in Canterbury concessit Domino Regi in festa translationis beati Edvarâ—i Quinquaginta Psalteria Duo Millia CCCL Missas pro animabus Progenitorum suorum Reginarum Angliae as an Extraordinary liberality and spiritual Alms. As is related by W. Thorn And about the same time also it was Bundel Brev An. 19 Ed. 1. in Turt Lond. that Arnald Otho Abbot of Condam sent a certificate to the King to inform him what Prayers Masses and Anniversarys he and his Monastery had ordered for the speedy translation of his deceased Queen to the heavenly joys From all this now may easily be apprehended the force of vitiated and depraved Imaginations when men's Intellectua's are first blinded with ignorance and then led by Superstition being affrighted with uncouth relations of Apparitions Miracles and the horrours of an imaginary Purgatory what will they not do or undertake to alleviate and mitigate in tanto if not in toto those approaching torments and for that purpose suffer themselves to be haled and pulled sometimes one way by guides as blind as themselves and sometimes another by treacherous and dangerous designers Yet in the darkest of these times there wanted not some that could discern that all was not right and that they were gotten into a very uncertain and dangerous road and in as much danger from their guides as the enemy which they would avoid Some of these in a more serious way protesting and advising both against the Errour and the danger of it had their mouths soon stopp'd when others more jocular between jest and earnest as it were made bold with the corruptions and abuses of the times witness the wits and Satyrists of their respective times Rob. of Glocester John Harding Jeffrey Chancer John Gower Rob. Longland alià s Piers Plowman Lydgate and many more whose dull rimes carryed a cutting sence with them Indeed though the Lashes of a Satyrist seldom or never produce amendment of Epidemical vices and Errors yet in this they have their fruit that thereby posterity is oftentimes more truly informed of the manners and genius of times than by the professed Historian who rarely touches that string And by these the abuses and cheats of Priests Monks and Fryers in their Masses Confessions Shrifts Penances Pardons Indulgences Miracles Reliques c. all serving to fill the people's brains with vain and terrible apprehensions and to empty their purses were according to the wit of their respective Ages to the warning of this notably and smartly detected arraigned and condemned A multitude more of instances might be given of the Chargeableness and expensiveness of Popery whereby the People were daily abused and improverished to the inriching of others with their spoils whose natural office and duty was to feed and not to fleece the flock Hence hath bin noted the ready tendency of degenerate Religion when it throws off its spiritual temper at the same time to grasp at Temporal Power and Temporal Riches How that Power was usurp'd we have in part seen in the first Tract and how the Riches were ingross'd we have endeavoured to make some discovery in this and amongst all the Arts used for that purpose none proved more effectual than this device of Purgatory this was the fire that alwayes kept the Pope's Kitchin warm and gave life
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
of the King's Supremacy in Ecclesiastical matters without professing yet a stature to reach the top of this sublime or the bottom of this profound concern In the first place then we are to know that the King 's just and lawful Authority in Ecclesiastical matters is in part declared by a statute made in the first year of Queen Elizabeth Stat. 1 Eliz. Ca. 1. Non novam introduxit sed antiquam declaravit Coke 5. Rep. Cawdrys Case fo 8. And it was one of the Resolutions of the Judges in Cawdry's Case That the said Act of the First year of the Queen concerning Ecclesiastical Jurisdiction was not a Statute introductory of a new Law but Declaratory of the Old But for our purpose it will be sufficient to transcribe the Preamble of the Act which runs thus Most humbly beseech your most excellent Majesty your faithful and obedient Subjects the Lords Spiritual and Temporal and the Commons in this your present Parliament assembled that where in time of the raign of your most dear Father of worthy memory King Henry 8. divers good Laws and Statutes were made as well for the better extinguishment and putting away of all usurped and forrain powers and authorities out of this your Realm and other your Highness Dominions and Countrys as also for the * Nota. restoring and uniting to the Imperial Crown of this Realm the ancient Jurisdictions authorities Superiorities and preheminences to the same of right belonging by reason whereof we your most humble and obedient Subjects from the 25. year of the raign of your said dear Father were continually kept in good order and were disburdened of divers great and intolerable charges before that time unlawfully taken and exacted by such forrain power and authoritie as before that was usurped until such time as all the said good laws and Statutes by one Act of Parliament made in the first and second years of the raigns of the late King Philip and Queen Mary your Highness Sister Intituled An Act repealing all Statutes Articles and Provisions made against the See Apostolick of Rome since the 20th year of King Henry 8. and also for the establishment of all Spiritual and Ecclesiastical possessions and hereditaments conveyed to the Laity were all clearly repealed and made void as by the same Act of repeal more at large appears By reason of which Act of repeal your said humble Subjects were est-soons brought again under an usurped forrain power and authority and yet do remain in that bondage to the intolerable charges of your loving Subjects if some redress by the Authority of this your High Court of Parliament with the assent of your Highness be not had and provided May it therefore please your Highness for the repressing of the said usurped forrain power and the restoring of the Rights Jurisdictions and preheminences appertaining to the Imperial Crown of this your Realm that it may be Enacted by the Authority of this present Parliament c. And then it proceeds to Repeal the said Act of Philip and Mary and revives the former Statutes of King Hen. 8. and King Edw. 6. abolisheth all usurped forrain powers and authorities and restoreth and uniteth all Jurisdictions Priviledges Superiorites and Preheminences Spiritual and Ecclesiastical to the Imperial Crown of this Realm This Statute doing Right to the Queen and her Successors ever since as in Temporal Causes the Kings of England by the mouths of their Judges in the Courts of Justice have judged and determined the same by the Temporal Laws of England So in all Ecclesiastical and spiritual Causes as Blasphemy Ecclesiastical Causes Stat. de circumsuecte agatis 13 Edw. 1. Articuli Cleri 9 Edw. 2. Fitzh Nat. Bre. 41 42 43 c. Apostasie from Christianity Heresie Schisme Ordering Admissions and Institution of Clarks Celebration of Divine service Rites of Matrimony Divorces Bastardy Substraction and Right of Tiths Oblations Obventions Dilapidations Reparation of Churches Probate of Wills and Testaments Administrations and Accounts upon the same Simony Fornication Incest Adulteries Sollicitation of Chastity Appeals in Ecclesiastical causes Commutation of Penance Pensions Procurations c. the Conusans of all which belongs not to the Common Law but the determination and decision of the same hath been by Ecclesiastical Judges according to the King 's Ecclesiastical Laws of this his Realm And although the said Stat. 1 Eliz. declares how and by whom the King may appoint the same to be done yet as is intimated before the King by Law may do the same although that Statute had not bin made And hence it was that Stephen Gardiner the noted Bishop of Winchester Significantiori vocabulo competentem Principi jure Divino poâ—estâ—tem exprâ—mi clarius voluâ—runt in his Oration De vera Obedientia once said That by the Parliaments stiling of King Hen. 8. Head of the Church it was no new invented matter wrought only their mind was to have the power pertaining to a Prince by God's law to be more clearly expressed by this Emphatical compellation And certainly this was the ground of that answer which King James gave to the Non-conforming Divines at the conference at Hampton Court upon the seven and thirtieth Article of the Church of England the said Divines urging that these words in the Article viz. Confer at Hamp Court fo 37. The Bishop of Rome hath no Authority in this land were not sufficient unless it was added nor ought to have To which the King being somewhat moved roundly replyed What speak you of the Pope's authority here Habemus jure quod habemus and therefore in as much as it is said He hath not it is plain and certain enough that he ought not to have Nor is this Authority united to the Crown of England only but of right also to all other Christian Crowns and accordingly avowed by all other Christian Princes And to this purpose I could multiply the Suffrages of many antient Fathers and Doctors of the Church but my aim being rather at matter of fact I will forbear the particularizing the explicite Judgements and Declarations of those Devout and just men who were as careful in its degree and proportion to give unto Caesar the things that are Caesar's as to God the things that are God's But for the matter of practice And in the first place here I cannot but take notice That in the first Ages of Christianity Religion did not only subsist but spread by immediate influence from Heaven only but when by vertue of the same influence it had once prevailed and triumphed over all oppositions of Pagan superstition and persecution and subdued the Emperours themselves and became the Imperial Religion then Ecclesiastical Authority assumed and fixed it self in its natural and proper place and the excercise of its Jurisdiction and what that was I shall shew also was restored to the Imperial Diadem and Constantine was no sooner setled in his Imperial Throne but he took the settlement of all Ecclesiastical
matters into his care and cognisans He call'd Synods and Councils and ratified their Canons into Laws He routed the Conventicles of the Donatists made Edicts concerning Festivals the Rites of Sepulture the immunities of Churches the Authority of Bishops the Priviledges of the Clergy with divers other things relating to the outward Politie of the Church In which affair he was carefully followed by his Successors as evidently may appear to all conversant in the Civil Law And the aforesaid Stephen Gardiner in that his notable Oration of true Obedience makes instance in the Roman Emperour Justinian who with the approbation of all the world at that time set forth those Laws of the most Blessed Trinity the Catholique Faith Justiniani factum qui leges edidit de Trinitate de fide Catholica c. Steph. Wint. Orat. fo 19. of Bishops and Clergy-men and the like The like also appears by the most famous Partidas set forth by Ferdinando the Saint and his Son Alphonso for the antient Kingdoms of Castile Toledo Leon and others of Spain celebrated in the Spanish Histories Correspondent to which also hath bin the practice of the Kingdom of France Lew. Turquet Hist of Spain whose Kings have ever been esteemed in some sence the Heads of their Church and this is the reason that the opening their most ancient Councils under the first and second the Merovingian and Caroline line was ever by the power and authority and sometimes the presidency of their Kings and Princes It being a noted saying in one of their Councils Câ—ncil Parisienâ— 6. lib. 2. cap. 2. Cognoscant Principes Seculi se Deo debere rationem propter Ecclesiam quam à Deo tuendam accipiunt And according to this Doctrine C d. Lâ—g Antiq Gall. fâ— 827. Lâ—ndenbrog for matters of Church or State of Charls the Great Ludovicus Pius Lewis le Gros Pepin and others collected by the French Antiquaries And at this day generally amongst the Lawyers and most learned of the French Nation it is held and declared Vid. le Reâ—â—w de le Council de Trent Boreâ— lib. 4. de Decret Eccl. Gall. That the Bishop of Rome was anciently the First and chiefest Bishop according to the dignity of of Precedency and order not by any Divine institution but because Rome was the chief City of the Empire That he obtained this Primacy over the Western Church by the grace and gift of Pepin Charls the Great and other Kings of France And that he hath no power to dispose of temporal things That it belongs to Christian Kings and Princes to call Ecclesiastical Synods to establish their Decrees to make wholesome Laws for the government of the Church and to punish and reform abuses therein That the Laws whereby their Church is to be governed are only the Canons of the more ancient Councils and their own National Constitutions and not the Extravagants and Decretals of the Bishop or Court of Rome That the Council of Constance assembled by Sigismund the Emperour with a concurrent consent of other Christian Princes Decreeing a General Synod or Council to be Superior to the Pope and correcting many abuses in the Roman Church which yet remain in practice was a true Oecumenical Council as also was the Council of Basil That the Assembly of Trent was no lawful Council and the Canons thereof rather to be esteemed the Decrees of the Popes who call'd and continued it than the Decrees of the Council it self and that in regard the number of Bishops there met was but small bearing no proportion to the import of a General Council as also the greatest part of those present were Italian and Vassals to the Pope and nothing there resolved on but what was before determined at Rome which then occasion'd this infamous by-word That the Holy Ghost was carryed in Cloak-bags every Post from Rome to Trent That the Sacrament of the Lords Supper ought to be administred under both kinds and that at the least a great part of Divine Service ought to be performed in the vulgar Tongue Thus far the French and Many the like instances might here be added to the same purpose but yet under favour all Crowns Imperial must give place in regard of this one Flower or Jewel of Ecclesiastical Jurisdiction to the Crown of England For as the first Christian King that ever the world saw is recorded to have been of this Island the renowned Lucius so is he intimated to be the first that ever exercised Ecclesiastical Jurisdiction being directed thereunto by Pope Eleutherius Vâ—d Eleuth Epist to fetch his Laws by the advice of his Council out of the Old and New Testament and by the same to Govern his Kingdom wherein he was God's Vicar According to which advice the Brittish Saxon Danish and first Kings of the Normans have governed their Churches and Church-men as may appear by the Laws by them for that purpose made Archaionem Analect Angl. Brit. li. 1 2. Hist Cambr. fo 59. Jo. Brompton c. and lately exhibited to the publick by Mr. Lambard Mr. Selden Dr. Powell and others Neither can any Ecclesiastical Canons for Government of the English Church be produced till long after the conquest which were not either originally promulged or afterwards allowed either by the Monarch or some King of the Heptarchy sitting or directing in the National or Provincial Synod Nay in the after usurping times there is to be seen the Transcript of a Record An. Manus Chronic Abb. de Bello Vide the like Charter of exemption to the Abbot of Abbindon by Kâ—nulphus in Stanf. pl. Cor. l. 2. fo 111. b. 1 Hen. 7. fo 23 25. 3 Hen. 2. wherein when the Bishop of Chichester opposed some Canons against the Kings exemption of the Abby of Battel from Episcopal Jurisdiction the King in anger replyed Tu pro Papae authoritate ab hominibus concessa contra dignitatum Regalium authoritates mihi à Deo concessas calliditate arguta niti praecogitas Dost thou go about by subtilty of Wit to oppose the Pope's authority granted by the connivence of men against the authority of my Regal Dignity given by God himself And thereupon requires reason and justice against the Bishop for his insolence And thus it is most easily demonstrable that the Kings of England have had these Flowers of Ecclesiastical Jurisdiction planted in the Imperial Crown of this Realm even from the very beginning of the Christian Monarchy in this Island where we hope they have now taken such root that neither any Fanatick whispers at home nor the roaring of any Romish Bulls from abroad will ever be able to shake or blast the same And from hence was the Resolution of our Judges mentioned before in the Case of Cawary Cook 5. Rep. De Jure Reg. Eccl. that the said Statute made in the first year of the Queen concerning Ecclesiastical Jurisdiction was not introductory of a new Law but Declaratory of the old which appears
as well by the Title of the said Act as by the Body of it An Act restoring to the Crown the ancient jurisdiction over the state Ecclesiastical and spiritual 1 Eliz. 1. in divers places for that Stat. doth not annex any Jurisdiction to the Crown but that which in truth was or of right ought to be by the ancient Laws of this Realm parcel of the Kings Jurisdiction Now it is not unknown how from the root as it were of this inherent Authority grow the several Branches of the same 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 As that he hath the supream Right of Patronage over all England and all Ecclesiastical Benefices within the same so that if the immediate Patron present not a Clark in due time nor the Ordinary nor Metropolitan the Right of Presentation devolves on the King and there rests Nullum tempus occurrit Regi He only hath the Patronage of all Bishopricks and none can be chosen but by his Conge d' Eslier and whom he nominates none can be consecrated Bishop or take possession of the Revenues of the Bishoprick without a special Writ or Assent from the King The King only calls National or Provincial Synods and by his Commissioners or Metropolitans gives life to Canons Orders Ordinances and Constitutions relating to the Government and Ceremonies of the Church for reformation and correction of Heresies Schismes Contempts c. Halls Case Coke 5 Rep. The King hath Power to pardon the violation of Ecclesiastical Laws to dispence with the rigour of them and to regulate all Ecclesiastical Persons as that a Bastard may be made a Priest 11 Hen. 7.12 a. That a Priest may hold more Benefices than one That he may succeed his Father That he may be non-Resident c. And for his Superintendency over the whole Church the King hath the First-Fruits and Tenths of all Ecclesiastical Benefices And from him lyes no Appeal to any forrain Jurisdiction whatsoever Neither is it unknown what strange incroachments and usurpations have been made upon the fundamental Right of our Kings by the Popes and Court of Rome and again how strenuously in all times it hath been asserted and vindicated by the Kings and People of England the Papal Dominion rising and falling here according to the quality of the Times and the measures of resistance which it met withall And evident is it also by what means this forrain Dominion came to be owned here for in the Empire the Bishops of Rome usurp'd one half of the Imperial Power and annexed the Ecclesiastical Jurisdiction and Supremacy to their own See for taking advantage of the publick distractions occasion'd partly by the incursions of the Barbarians on the North and East parts and chiefly by the divisions of the Empire it self and by some opportunities of serving some weak and vicious Emperours in their unworthy purposes they gain'd at last by force or fraud the whole Dominion of Religion to themselves and by pretending to the Spirit of Infallibility they usurp'd an absolute Empire over the Faiths and Consciences of men which yet they could not maintain without the continual disdained affronts to the Princes of Christendom the last whereof reduced under this yoke were the Kings of this Island and for which there were not Arts enough wanting As by making a bad use of innocent and good meanings and improving the humility of others for an advantageous step whereon to mount it self For when Religion came to a consistency here the Bishop of Rome was greatly reverenced by the Christians of this Island as one that was the Primate of one of the then most glorious Churches in the World Patriarch of the West and residing in a City famous for Arts and Learning and the seat of the Empire And then the fame of this eminent Bishop crescens eundo Tacit. Hist lib. 2. and majora credi de absentibus as Tacitus speaks acquired a mighty reverence for him in these remoter parts though the devout Brittains who received more probably their first conversion from Asia applyed themselves chiefly to Judaea as a place of the greatest sanctity yet amongst the Saxons for the reasons aforesaid Beda Hist li. 4. cap. 23. Romam adire magnae virtutis aestimabatur as Ven. Beda hath it But as this was of their part no other than as to a great Doctor or Prelate from whose countenance and assistance they hoped for great advantages so those Instructions they received from Rome were not as coming from one that had Dominion over their Faith the one side not at all giving nor the other assuming more respect than what was decent and fit out of Charity Reverence and Christian affection each unto the other And therefore observable is it in that famous transaction of the Kingdom of France Platina in vita Zach 1. Spondan in eod about the deposing of Childerick and setting up Pepin in his room which some have contended to have been done by the Pope's Authority The Truth is Mente stupidus vitâ ignavus Paul Aemil. Childerick was set aside by the Peers of France for a Fool or Frantick and Pepin stepping up applyed himself to the then Pope Zachary to confirm not to confer his new obtained Kingdom for in those days they gave no such power neither did Pope Zachary claim it Only that such an extraordinary action might carry the better face in the world it was thought requisite to have the suffrage of so grave an Oracle and therefore Baronius confesses and that you will will say is much Baron Annal. Francos non Zachariae paruisse decreto sed acquievisse consilio and there is great difference between an Authoritative Injunction and a Prudential Advice which is only an Answer out of discretion and left to discretion and so can imply no obligation at all And Sabellicus relates it thus That the Peers of France deposed Childerick Sabell Ennâ—ad 8 lib. 8. and set up Pepin in his stead Romano Pontifice consulto whence this Gloss upon one of their Laws Papa deposuit id est deponentibus consensit But enough of this But certain it is that by one way or other the Papal Dominion arrived to a great height in the World and particularly in this Island in after times and then the former addresses of the Christians of this Island to the Bishop of Rome were made use of as notes and evidences of subjection and what had passed by the Popes advice and Counsel only was afterward said to have been done by his Authority And so the ordering and determining of Ecclesiastical affairs was endeavoured to be drawn to a forraign Judicature to the apparent prejudice and diminution as well of the Rights of the Crown as of this Church And therefore in this case it fared with our Ancestors as with her in the Tragedy Quisquis in primo obstitit Repulitque amorem tutus ac victor fuit Sâ—nec Trag. Hippolyt Qui blandiendo dulce nutrivit malum
into the King's hands and lost during his life And this Judgement was before any Act of Parliament made in that case Nota. And there it is said That for the like offence the Archbishop of Canterbury had bin in worse case by the Judgement of the Sages in the Law if the King had not extended favour to him Although by the Ordinance of Circumspecte agatis Coke 5 Rep. Case de jure R. Eccl. made in the thirteenth year of King Edward the first and by a general allowance and usage the Ecclesiastical Court held Plea of Tithes Oblations Obventions Mortuaries Redemption of Penance Laying of violent hands on a Clark Defamations c. yet did not the Clergy think themselves assured nor quiet from Prohibitions purchased by subjects till King Edward the second by his Letters Patents under the Great Seal Staâ— 9 Edw. 2. Artic. cler ca. 16. in and by consent of Parliament upon Petition of the Clergy had granted them Jurisdiction in those cases An Excommunication by the Archbishop Finzh Excom 4.16 Ed. 3. Broâ—k Excom pl. 5.14 H. 4. although it be dis-annulled by the Pope or Legate is to be allowed Neither may the Judges give any allowance of any such sentence of the Pope or his Legate And it hath often bin adjudg'd 30 Ed 3 Lib. Assiz pl. 19.12 Ed. 4.16 and declared That the Pope's Excommunication is of no force in England It is often Resolved in our Books that all the Bishopricks in England were founded by the King's Progenitors and the Advowsons vowsons of them all belong to the King and at first they were * Per traditionem annuli pastorasis baculi Donative And that if an Incumbent of any Church with cure dyes if the Patron Present not within six months the Bishop of that Diocess ought to collate that the cure be supply'd if he neglect by the space of six moneths the Metropolitan of that Diocess shall confer one unto that Church and if he also neglect six moneths then the Law gives to the King as Supreame within his own Kingdom and not to the Pope power to provide a Pastor The King may not only exempt any Ecclesiastical Person from the Jurisdiction of the Ordinary but may grant unto him Episcopal Jurisdiction as it appears the King had done of antient time to the Archdeacon of Richmond 17 Ed 3.13 20 Ed. 3. And the Abbot of Bury was exempted from Episcopal Jurisdiction by the King's Charter The King Presented to a Benefice 21 Ed. 3.40 and his Presentee was disturbed by one that had obtained Bulls from Rome for which offence he was condemned to perpetual imprisonment If Excommunication be the final end of any suit in the Court of Rome as indeed it is and be not allowed Fitzh Nat. Br. fo 64. f. or allowable in England as it hath often bin Declared It then follows that by the Ancient Common Law of England no suit for any cause though it be spiritual arising within this Realm may or can be determined in the Court of Rome Quia frustra expectatur eventus cujus effectus nullus sequitur At a Parliament held An. Stat. 25 Ed. 3. de Provisorib 25 Edward the third It was Enacted That as well they that obtained Provisions from Rome as they that put them in execution should be out of the King's Protection and that they should be dealt withal as the King's Enemies and no man so dealing with them should be impeached for the same At a Parliament held An. Stat. 16 Ric. 2. cap. 5. 16 Ric. 2. It is declar'd That the Crown of England hath bin so free at all times that it hath bin in subjection to none but immediately subject to God and none other and that the same ought not in any thing touching the Regality of the said Crown to be submitted to the Bishop of Rome nor the Laws and Statutes of this Realm by him frustrated or defeated at his Will And the Commons in that Parliament affirmed that the things attempted by the Bishop of Rome be clearly against the King's Crown and his Regality used and approved in time of all his Progenitors in which points the said Commons professed to live and dye and to all which the Lords assented also as being thereto bound by their Allegiances It is resolved that the Pope's Collector 2 Hen. 4 fo 9. though he have the Pope's Bull for that purpose hath no Authority within this Realm And there it is said That the Archbishops and Bishops of this Realm are the King 's spiritual Judges And in another place it is said Papa non potest mutare Leges Angliae 11 Hen. 4. fo 37. Per Curiam In the raign of King Henry the sixth 1 Hen. 7. fo 10. the Pope wrote Letters in derogation of the King and his Regality and the Church-men durst not speak any thing against them But Humfrey Duke of Glocester for their safe keeping put them into the fire In the raign of King Edward the fourth 1 Hen. 7. fo 20. the Pope granted to the Prior of St. John's to have Sanctuary in his Priory and this was pleaded and claim'd by the Prior but resolved by the Judges Keilway Reports 8 H. 8. fo 191. b. That the Pope had no power to grant any Sanctuary within this Realm and therefore the same was disallowed by Judgement of Law In Brook Tit. Presentation al Esglise Bro. Present al Esglise p. 12. It is affirmed That the Pope was permitted to do certain things within this Realm by usurpation and not of right untill the Raign of King Kenry the eighth quod nota sayes the Book Stat. 24 Hen. 8. ca. 12.25 H. 8.21 And in what esteem the Pope's Authority here was in that King's time may sufficiently be collected from the Tenor and Purview of the Statutes about that affair in his raign made In the raign of King Kenry the sixth Henry Beaufort Uncle to the King being Bishop of Winchester was made Cardinal and thereupon purchased from the Pope a Bull Declaratory that he might still hold his Bishoprick yet it was held and adjudged that the See of Winchester was become void by the assumption of the Cardinalship and therefore the Cardinal fallen into a Praemunire 4 Hen. 6. in Arch. Turr. Lond. for which he was glad to purchase his pardon as by the Records of all this it doth appear It was Adjudged in the Court of Common Pleas Dier 12 Eliz. by Sir James Dyer Weston and the whole Court That a Dean or any other Ecclesiastical Person may resign as divers did to King Edward the sixth Vid. Grend ca. in Plowd Com. for that he had the Authority of the Supream Ordinary With all this may be noted also the several Statutes heretofore made against the usurpations of the Bishops of Rome in this Kingdom the principal whereof these viz. Stat. 25 Ed. 3. de Provisorib Stat. 27 28 Ed.
3. Cap. 1 2. Stat. 38 Ed. 3. Cap. 3. Stat. Statutes of Pâ—ovâ—sors and Preminire 16 Ric. 2. Cap. 5. Stat. 2 Hen. 4. Cap. 3. Stat. 6 Hen. 4. Cap. 1. Stat. 7 Hen. 7. Cap. 6. Stat. 3 Hen. 5. Cap. 4. Stat. 1 Hen. 7. Cap. 4. Stat. 24 Hen. 8. Cap. 12. Stat. 25 Hen. 8. Cap. 21. Stat. 1 Eliz. Cap. 1. c. By all which with the foregoing Resolutions and Presidents to which a multitude more to the same purpose might be added it doth appear clearly that long before the time of King Hen. 8. divers Statutes and Laws were made and declared against forrain incroachments upon the Rights of the Crown in this matter and those as sharp and severe as any Statutes for that purpose have been made in later times though then both King Lords and Commons that made those Laws and the Judges that did interpret them did for the most part follow the same Opinions in Religion which were held and taught in the Church of Rome And therefore those that will lay upon this Nation the imputation of Schism for denying the Pope's Supremacy here Vid. Case de Premunire in St. John Davys Rep. must charge it many Ages before the time of King Henry the eighth For the Kings Lords and Commons of this Realm have ever been most eminent for asserting their just Rights and Liberties disdaining to become a Tributary Province as it were to the See of Rome or part of St. Peter's earthly Patrimony in Demesn And the Faith and Loyalty of the English race hath bin generally such though true it is that every Age hath brought forth some singular monsters of disloyalty as no pretence of zeal or Religion could ever draw the greater part of the Subjects for to submit themselves to a forrain Yoke no not when Popery was in greatest height and exaltation of all which the aforesaid Statutes are manifest Evidences being generally made at the Prayer of the Commons as by their Preambles may appear most worthy to be read Particularly in the Preamble to the Statute of 16 Ric. 2. They complain Sta. 16 Ric. 2. cap. 5. That by Bulls and Processes from Rome the King is deprived of that Jurisdiction which belongs of right to his Imperial Crown That the King doth lose the service and Counsel of his Prelates and learned men by translations made by the Bishop of Rome That the King's Laws are defeated at his will the Treasure of the Realm is exhausted and exported to inrich his Court And that by those means the Crown of England which hath ever bin free and subject unto none but immediately unto God should be submitted unto the Bishop of Rome to the utter destruction of the King and the whole Realm which God defend say they and thereupon out of their zeal and loyalty they offer to live and dye with the King in defence of the liberties of the Crown And then they pray the King to examine all the Lords in Parliament what they thought of these wrongs and usurpations and whether they would stand with the King in defence of his Royal liberties which being done the Lords Spiritual and Temporal did all answer that these usurpations of the Bishop of Rome were against the liberties of the Crown and that they were all bound by their Allegiance to stand with the King and to maintain his Honour and Prerogative Upon producing and averrement of all this it is requisite some satisfaction be given about the conclusion that hapned so different to these premises For if the Kings and People of England have in all times been so sensible of and zealous for their just Rights how could the Roman Power in derogation of those Rights arrive to such a consistence and height as here it was for many years To this as to the means and manner of that acquist to keep within our Historical compass First let it be premised as undoubtedly true That before the time of the Norman Conquest the Bishops of Rome had very little or nothing to do here as well in matter of Fact as of Right For before that time the Pope's Writ did not run in England His Bulls of Excommunication and Provision came not hither no Citations or Appeals were made from hence to the Court of Rome Our Archbishops did not purchase their Palls there Neither had the Pope the Investiture of any of our Bishopricks And Ingulphus who lived in the Conquerours time a Favourite and one preferred by him thus informs Ingulph Hist fo 901. A multis namque annis retroactis nulla Electio Praelatorum erat libera mere Canonica sed omnes dignitates tam Episcoporum quam Abbatum per annulum baculum regis curia pro sua Complacentia conferebat For as it is observable that under the Temporal Empire of Rome Brittain was one of the last Provinces that was won and one of the first that was lost again So under the Spiritual Empire of the Pope England was one of the last Countrys of Christendom that received the Yoke and one of the first that cast it off But for our purpose that the Bishops of Rome had any Jurisdiction or Hierarchical Authority in the times of the Brittains Saxons or Danes there is an altum silentium in all our Histories and Records For the times of the Brittains Eleuth Epist Eleutherius Pope about 180 years after Christ writes to Lucius the Brittish King and stiles him God's Vicar within his own Kingdom and sure he would not have given that Title to the King if himself under pretence of being God's Vicar-General on Earth had claimed Jurisdiction over all Christian Kingdoms After that Beda Eccl. Hist Matt. Westm Polychron Fab. Huntingd. c. about the year 600. Austin the Monk was sent by Pope Gregory into England to convert the Saxons to the Christian Faith But the Brittish Bishops then residing in Wales gave no regard either to his Commission or his Doctrines as not owing any duty to or dependence upon Rome but still retained their Ceremonies and Traditions which they received from the East Church upon the first plantation of Christianity being both divers and contrary to those of the Church of Rome which Austin did indeavour to impose upon them Usser de Prim. Eccl. Brit. Then about the year 660 there is a famous disputation celebrated between one Colman and one Wilfrid touching the Observation of Easter wherein the Brittains differed from the practice of the Roman Church from which is plainly inferrable that the Authority of the Bishop of Rome was at that time of no estimation in this Island And that the Primitive Churches of Brittain were instituted according to the form of the East and not of the West Church Nay upon the first coming of Austin and his retinue into Brittain there was such a strangness and averseness to him that one Daganus a British Beda Eccl. Hist lib. 2. cap. 4 Spelm. Concil Tom. 1. fo 129.
or Scottish Bishop happening into their Company he would neither eat with them nor under the same roof where they were as Mellitus Laurentius and Justus complained in an Epistle of theirs to the Scots Bishops For the Saxons though King Ina Larga Reg is Benignitas or some other gave the Peter-pence partly as Alms and partly in recompence of a house erected in Rome for entertainment of English Pilgrims Yet it is certain that Alfred Athelstan Edgar Edmund Canutus Edward the Confessor so called and divers other Kings of the Saxon race gave all the Bishopricks of England per annulum baculum without any other Ceremony or any application to Rome as was usual by the Emperour the French King and other Christian Princes so to do as also in all their Laws for the Government of the Church here they consulted only with their own Clergy without any regard to the Authority of Rome But under the Norman Conquest the Papal usurpation march'd in for as the Conquerour came in with the Pope's Banner So either by the way of complemental gratitude or surprize the Pope presently layd hold upon part of the purchase as boasting all was gain'd by his aid and blessing And thereupon he sent two Legats into England favourably received by the Norman by whom a Synod of the Clergy was convened Will. Malm. de gest Ponâ—if Angl. lib. 1. fo 204. Rog. Hoveden pa. prior fo 453. and old Stigand Archbishop of Canterbury deposed because he had not purchased his Pall in the Court of Rome and many other Bishops and Abbots displaced on supposal for the like reasons of the invalidity of their Titles but speciously to place the Normans in their rooms or rather ultimately to introduce the Papal authority in cases of the Church Amongst these is to be noted that the King having earnestly moved the old Bishop of Worcester Matt. Paris Hist in Will 2. fo 20. Wulstan to give up his Staff his answer was that he would only give it up to him of whom he first receiv'd the same and so the old man went to St. Edwards Tombe and there offer'd up his Staff and Ring with these words Of thee O holy Edward I received my Staff and Ring and to thee I now Surrender the same again not acknowledging any authority in the Pope or in any other on his behalf to receive or dispose them as Matthew Paris relates the story at large And though the Conqueror did thus Complement the Pope in the admission of his Legates and some other small matters yet how far he really submitted himself appears by an Epistle to Gregory the seventh by him wrote thus Excellentissimo S. Eccl. Pastori Gregorio Gratia Dei Anglorum Rex Dux Normannorum Willielmus Salutem cum amicitia Hubertus tuus Legatus ad me veniens ex tua parte me admonuit ut tibi successoribus tuis fidelitatem facerem de pecunia quam antecessores mei ad Romanam Ecclesiam mittere solebant melius cogitarem unum admisi alterum non admisi fidelitatem facere nolui nec volo quia nec ego promisi nec antessores mees antecessoribus tuis id fecisse comperio Pecunia tribus fere annis in Gallia me agente negligenter collecta est nunc vero divina misericordia me in regnum meum reverso quod collectum est per praefatum Legatum mittetur quod reliquum est per Legatos Lanfranci Archiep. fidelis nostri cum opportunum fuerit transmittetur c. But in the time of his next successor K. Will. Rufus a further attempt was made that is to draw Appeals to the Court of Rome and that appears in the noted transactions with Anselme Archbishop of Canterbury at large reported in our stories And afterwards in the time of King Henry the first another step was made viz. to gain to the Pope the Patronage and Donations of Bishopricks and other Benefices Ecclesiastical at which the King taking courage writes roundly to the Pope thus Notum habeat Sanctitas vestra Hist Jorvall Coll. quod me vivente Deo auxiliante dignitates usus regni nostri non minuentur si ego quod absit in tanta me directione ponerem magnates mei imo totius Angliae populus id nullo modo pateretur Notwithstanding which upon the regress or restoring of Anselme and some difficulties that pressed the King in reference to his elder Brother Robert Matt. Paris in Hen. 1. fo 63. in a Synod held by Anselme at London in the year 1107. a Decree passed Cui annuit Rex Henricus statuit as Matthew Paris saith ut ab eo tempore in reliquum nunquam per donationem baculi pastoralis vel annuli quisquam de Episcopatu vel Abbatiaper Regem vel quamlibet laicam manum investiretur in Anglia But yet with this clause of salvo Sr. H. Spelâ— Concil Tom. 2. fo 28. Suis tantum juribus regalibus sepositis exceptis as appears in the Exemplification of the Acts of that Synod by the learned Collector of our English Councils In recompence whereof the Pope that there might be quid pro quo yielded to the King that thenceforth no Legate should be sent into England without the King's leave and that the Archbishop of Canterbury for the time being should be for ever Legatus natus and for the honour of the See it was obtained that the Archbishop of Canterbury should in all General Councils sit at the Pope's foot tanquam alterius orbis Papa But this agreement was soon broken on both sides the Pope sending his Legates and the King resuming the Investiture of Bishops Matr. Paris fo 65. as the same Historian relates in divers instances In the next troublesome raign of King Stephen it was won clearly that Appeals should be made to the Court of Rome established in a Synod at London Speim Concil Tom. 2. fo 44. held by Henry Bishop of Winchester the Pope's Legat for before that time In Anglia namque Appellationes in usu non erant as un unquestionable Historian hath it donec eas Henricus Wintoniensis dum Legatus esset Hen Huntingdon lib. 8. fo 395. malo suo crudeliter intrusit in eodem namque Concilio ad Romani Pontificis audientiam ter appellatus est And in the raign of King Henry the second began the claime and usage of exempting Clarks from the secular Power whatever their crimes were And from this root sprang the famous contention between this King and his Archbishop Thomas Becket together with the Constitutions of Clarendon for the rectifying that abuse at large to be read and observed in the Historians of those times To all this it will be but pertinent to subjoine some brief disquisition touching the Canon Law how and by whom compiled and when introduced into this Iland under which where admitted no small part of the Papal authority was neatly and artificially drawn in For which
purpose we must know that after the Power of the Bishops of Rome came to some consistency in the world and the Pope began to look upon himself as a spiritual Prince or Monarch he presently began to attempt to give Laws to Nations and People as a badge of his Soveraignty but then well knowing That ubi non est condendi authoritas ibi non est parendi necessitas he would not impose those Laws at first peremptorily upon all People but offered them timide and precario and in such places where he presumed they would find the freest reception and in order to this at first he caused certain Rules to be collected for the Order and Government of the Clergy only which he called Decreta and not Laws or Statuta and these Decrees as they were called were first published in the year 1150 in the raign of our King Stephen and whereas Sr. Edward Coke Sr Ed. Coke Pref. aâ— 8. Relat. in the Preface to the eighth Report sayes that Roger Bacon the learned Fryer saith in his Book de impedimentis Sapientiae That King Stephen forbad by publick edict that no man should retain the Laws of Italy then brought into England we may with some assurance intend it of these Decrees about that time compil'd and publish'd And these were received Keilways Rep. 7 Hen. 8. fo 184. and observed by the Clergy of the Western Churches only for those of the Eastern Churches would never admit these Rules or Canons Afterwards the Bishops of Rome attempted to bring the Laity also under the obedience of these Canons and for that purpose they first began with Rules or Canons about abstinence and dayes of Fasting to be observed by the Laity Maâ—sil Pat. lib. Defens Pac. pa. 2. c. 23 Durard Rat. Di. l. 4. c. 6 7. as well as Clergy which at the first institution were termed by that mild word Rogationes and thence the week of Fasting before the Feast of Pentecost came to be called Rogation week in regard this time of Abstinence was at first appointed by an Ordinance called Rogatio and not Praeceptum or Statutum When the Laity had swallowed this Ordinance of Fasting then De una praesumptione ad aliam transivit Romanus Pontifex as Marsil Pata hath it that is the Bishop of Rome proceeded to make and publish several other orders by the name of Decretals and these were published about the year 1230. An. 14 Hen 3. Mat. Paris in Hen. 3. fo 417. and made or proposed to bind all the Laity as well Princes as their Subjects in several matters relating to their Civil and Temporal concerns As That no Lay-man should have the Donation of Ecclesiastical Benefices That no Lay man should marry within certain degrees out of the degrees limited by the Levitical Law That all Infants born before Espousals should after Espousals be adjudged Legitimate and capable to inherit That all Clarks should be exempt from the Secular Power and divers more such like But then we must know that these Decretals so made were not intirely and absolutely receiv'd in all parts of Christendom but only at first in the Temporal Territory of the Pope which on that account is call'd by the Canonists Patria Obedientiae but wholly rejected in England France and other Christian Countreys which thence are sometimes called Patriae consuetudinariae as resolving to adhere to their old Laws and Customs As the Canon that prohibits Donation of Benefices per Laicam manum was always disobeyed in England France the Realm of Naples and divers other Countrys The Canon to legitimate Infants born before marriage was specially rejected in England when in the Parliament held at Merton Stat. de Merton An. 20 Hen. 3. Omnes Comites Barones una voce responderunt Keilway 7 H. 8. fo 181. b. Nolumus Leges Angliae mutari quae hucusq usitatae sunt c. The Canon that exempted Clerks from the Secular Power was never observed fully in any part of Christendom Infallible arguments that these Canons received not the force of Laws from the Court of Rome as if that had power to give Laws to all Nations without their respective consents but the approbation and usage of the People received them as they pleased partially and specially as to Places Times and parts of those Canons and for the same reason that some rejected one others did more and some all of them as Bodin says Bodin de Repub lib. 1. cap. 8. That the Kings of France upon erecting of their Universities there declare in their Charters that the Profession of the Civil and Canon Laws may there be receiv'd and used according to discretion but not to bind as Laws Now when the Bishop of Rome perceived that many of his Canons were embraced in several Countreys under colour thereof he claim'd Ecclesiastical Jurisdiction within those Realms with power to interpret and dispence with his own Canons and for that purpose sent his Legates about with Commissions to hear and determine causes according to those Laws which upon their first exhibition Marsil Pat. ut supr pa. 2. c. 23. as is before noted he durst not call Laws or Statuta ne committeret crimen laesae Majestatis in Principes as Marsil Patav observes who further says that these Canons inasmuch as they were made by the Pope neque sunt humanae leges neque divinae sed documenta quaedam narrationes But as is said when he perceiv'd they were allowed and used in part or in whole in divers Countreys they were revised digested and compil'd into Volumes and called Jus Canonicum and being appointed to be read and expounded in publick Schools and Universities they were commanded to be obeyed by all under pain of Excommunication with declaration of the Pope's power to interpret abrogate or dispence with them at his pleasure and thereupon the Canonists say Lib. 6. de Const cap. Licet Papa in omnibus pure positivis in quibusdam ad jus Divinum pertinentibus dispensare potest quia dicitur omnia jura habere in scrinio pectoris sui quantum ad interpretationem dispensationem In the 25th year of King Ed. 1. An Dom. 1297 Tho. Walsing Stow in hoc anno one Simon a Monk of Walden began first to read the Canon Law in the University of Cambridge and the year after it began to be read also in the University of Oxford in the Church of the Friers Praedicants and from that time got ground in England being sometimes admitted and sometimes rejected according to the Ebb or Flow of the Papal interest here but how really this Canon Law was an innovation and usurpation here it is sufficient but to peruse the Preamble to the Statute of Faculties Stat. 25 Hen. 8. cap. 21. and Dispensations made in the raign of King Hen. 8. to which the Reader is referred As another Branch of the Pope's power in the matters aforesaid we may observe that
this clause or words non obstante was first invented and used in the Court of Rome whereupon Marsil Petav. pronounces a dreadful Vae against that Court for introducing this clause of non obstante as being a bad president and mischievous to all the People of Christendom for when the Temporal Princes perceived the Pope to dispence with his own Canons they made no scruple to imitate him and dispence with their Penal Laws and Statutes Vid. le Case de Penal stat in Coke 7. Rep. and hereupon one Canonist said thus Dispensatio est vulnus quod vulnerat jus commune and another thus That all abuses would be reform'd if these two words viz. non obstante did not hinder And Matt. Paris reciting several Decrees made in the Council of Lions beneficial to the Church Mat. Paris in An. 1245. says thus Sed omnia haec alia per hoc repagulum non obstante infirmantur But now to return We have seen how by several steps and gradations it was after the Norman Conquest that the Court of Rome usurp'd upon the Crown of England in four main points of Jurisdiction under four of our Kings not immediately succeeding for of King Will. Rufus the Pope could gain nothing viz. 1. Upon the Conquerour by sending Legats or Commissioners to hear and determine Ecclesiastical causes and other purposes 2. Upon King Hen. 1. the Donation and Investiture of Bishopricks and other Benefices 3. Upon King Stephen in drawing of Appeals to the Court of Rome 4. Upon King Hen. 2. in the exemption of Clerks from the secular Power all rivetted and clinch'd by the new Decrees and Canons which were continually multiplyed and obtruded here and all this notwithstanding the generous resistances which at several times were made to all Neither would all this satisfie till an entire surrender of the Crown it self was obtain'd from King John re-granted him again to hold in Fee-Farm and Vassallage of the Court of Rome For it was both before in and after this King's time that by the boldness and activity of strangers and treachery or pusillanimity of subjects co-operating with the weaknesses and necessities of Princes the Papacy arrived to that height as to domineer in a most intolerable way both over the Purse the Conscience the Regality and all the most weighty concernments of the Nation Now to redress all this some unequal resistances were at divers times made Vid. Mat. Paris in H. 3. in toto King Hen. 3. was totally born down and his Kingdom and subjects reduced to utter poverty and slavery by this usurpation After him comes the noble King Edw. 1. who truly may be stiled Vindex Libertatis Anglicanae at his Father's death he was abroad in the Holy Land but no sooner return'd and Crown'd and finding his Kingdom in such a bad plight his first work was to put some stop to the career of Papal incroachments For the Pope having then summoned a General Council he would not suffer his Bishops to repair to it till he took a solemn Oath of them for their Loyalty and good abearing Then the Pope forbidding the King to War against Scotland he slights his prohibition and proceeds The Pope demands the First Fruits of Ecclesiastical Livings but the King forbids the payment thereof to him The Pope sends forth a general Bull prohibiting the Clergy to pay Subsidies to Temporal Princes whereupon a Tenth being granted to the King in Parliament the Clergy refused to pay it but the King seiseth their Temporalties for the Contempt and obtained payment notwithstanding the Pope's Buâ— After this he made the Statute of Mortâ—â—ain that the Church might not grow monstrous in temporal possessions In his time one of his subjects brougth in a Bull of Excommunication against another and the King Commanded he should be executed as a Traitor according to the ancient law but the Chancellor and Treasurer on their knees begged that he should be only banished He caused Laws to be made against bringing in of Bulls of Provision and Breves of Citation and made the first Statute against Provisors His Successor King Edw. 2. being but a weak Prince suffered the Pope to grow upon him but then the Peers and People withstood him all they could and when that unhappy King was to be depos'd amongst the Articles fram'd against him one of the most hainous was That he had given allowance to the Pope's Bulls After him King Ed. 3. a magnanimous Prince couragiously resisted the Pope's incroachments and caused the Statutes against Provisors to be severely put in execution and the Bishops of Winchester and Ely and Abbot of Waltham convicted and punished for their high contempts Yet during the nonage of King Rich. 2. the Pope's Bulls Stat. 16 R. 2. ca. 5. Breves and Legats became very busie and daring again whereof the People became so sensible and impatient that upon their special prayer the Stat. 16. R. 2. of Praemunire was enacted more severe and penal than all the former Statutes against Provisors and yet against this King as against King Ed. 2. it was objected at the time of his depose that he had allowed the Pope's Bulls to the enthralling of the Crown After this comes a weak King Hen. 6. and then another attempt was made if possible to revive the usurped Jurisdiction for the commons denying the King money when he was in great wants the Archbishop of Canterbury and the rest of the Bishops offered the King a large supply if that he would consent that all the Laws against Provisors and especially that of 16 Ric. 2. might be repealed but the Duke of Glocester who before had burnt the Pope's Letters caused this motion to be rejected so that all those Laws by especial providence have stood in force untill this day All which with the Resolutions and Judicial Judgements before specified founded upon the ancient and good Laws of the Land have enabled our Kings at all times since to vindicate the just Rights of their Crown But King Hen. 8. designing a further Reformation which could not be effected whilest the Pope's authority had any life in England took this course First he writes to the Universities the Great Monasteries and Churches in his Kingdom and in particular May 18. 1534. to the University of Oxford requiring them as men of vertue In Archivis Oxon. ad An. 1534. Antiq. Eccl. Brit. fo 384. 37. Integrity and profound Learning diligently to examine discuss and resolve a certain Question of no small import viz. An Romanus Episcopus habeat majorem aliquam jurisdictionem sibi collatam in Sacra Scriptura in hoc regno Angliae quam alius quivis externus Episcopus and to return their Opinion in Writing under their common seal according to the meer and sincere truth thereof To which after mature deliberation and examination not only of the places of the Holy Scriptures but of the best Interpreters of the same for many days they returned Answer Jun. 27. 1534.
Romanum Episcopum majorem aliquam Jurisdictionem non habere sibi à Deo collatam in Sacra Scriptura in hoc regno Angliae quam alium quemvis Externum Episcopum Conformable to which was also the Resolution of all the English Clergy Upon which and presently after King Hen. 8. was by Parliament agnized Supream Head of the Church in these his Dominions Stat 26 Hen. 8 cap. 1. whereby it was also Enacted and Declared That the King his Heirs and Successors Kings of England should have and enjoy united and annexed to the Imperial Crown of this his Realm as well the Title and Stile thereof as all Honours Dignities Jurisdictions c. to the said Dignity of Supream Head of the Church of England belonging or appertaining with full power and authority to visit redress reform order correct restrain and amend all errours heresies abuses c. which Act Io. Hâ—rb Hist of Hen. 8 fo 380. though much to the support of the Regal Authority seem'd not suddenly to be approv'd by the King nor before he had consulted with his Council who shewed him many precedents of Kings of England that had used this power and with his Bishops who having fully discussed the point in their Convocations Declared That the Pope had no Jurisdiction in this Kingdom warranted by Gods word suitable to what was Declared by the Universities Colledges and Religious Houses with learned men of all sorts maintaining it necessary that such a power should be extant in the Realm for the Peace good Order and Government of the same the Reasons and Arguments of all which were couched in a Book of the King 's about that time published De vera differentiae Regiae Ecclesiasticae potestatis whence also the Learned Bishop Andrews in his Tortura Torti seems to have drawn diver assertions of the Regal Authority to which the Reader is referred A practice this I mean of consulting the Clergy and the Learned in a case of so great an import agreeable to former Presidents Tho. Walsing in An 1408. fo 420. as I find in Tho. Walsingham In concilio cleri celebrato Londoniis assistentibus Doctoribus Vniversitatum Cantabrigiae Oxoniae tractatum est de censu obedientia Papae subtrahendis vel non subtrahendis And as King Hen. 2. Rog. Hoveden in Hen. 2. pa. prior professed he would proceed in the great cause depending between him and his Archbishop Becket Now when King Hen. 8. was by Parliament agnized Supream Head of the Church within his own Dominions and by him for the reasons aforesaid owned and accepted what they meant by this may well enough be collected from the premises and from that notable Oration of Stephen Gardiner of True Obedience before mentioned which Title he neither took nor the Parliament gave in other sence than the French have always attributed it to their Princes and what the Royal Ancestors of King Hen. 8. Spelm. Conc. 437. Seld. ad Eadm 1â—5 â—â—g Edvard c. himself assumed under the Homonymous names of Tutors Protectors Governours Domini Christi Vicarii Agricolae c. and the like And this is the Supremacy which the Kings of England have always claimed and exercised within their own Dominions with the temporary obstructions above mentioned that is in Soveraign way to Rule and Govern all their Subjects of what degree and quality soever to call their own Clergy and Church-men together and with their advice to see the Church reformed and by Act of Parliament to have all Ecclesiastical Jurisdiction restored and united to the Crown as in the First year of Q. Eliz. was done inlarged on before And here it will not be unnecessary to observe and know how that Restitution was resented by the Queen's Subjects at that time And for that observe and observable it was the general complyance and complacence of the People in it as also that from the First until the Eleventh year of that Queen's raign Cokâ— 5 Rep. de ure Reg. Eâ—câ—esiastico fo 35. no person of what perswasion of Christian Religion soever at any time refused to come to the Publick Divine Service celebrated in the Church of England and established by publick Authority within this Realm until the Bull of Pope Pius Quintus in the Eleventh year of her Majesties Raign came out against her whereby he deprived her of all her Right Authority Dignity and Priviledge in or unto these her Realms and Dominions and absolved all her Subjects of their Allegiance After this Bull it was that those who regarded the Pope's power or threats more than their Prince's just Authority or their own Allegiance refused to come to Church and from that occasion first acquired the stile of Recusants Vid. Camb. Annal. This gave rise also to a multitude of treasonable practices and conspiracies against the Queens life taken up also against King James Vid. Arth. Crohagans case in Crook 1. Rep. continued against our late Soveraign King Charls the First and still fermenting to break forth upon all opportunities to promote the Catholick cause and all abetted by the traitorous Doctrine of King-killing justified and proclaimed to the World by Bellarmin Co licenzâ— con priviâ—egio Baronius Mariana Emanuel Sa Allen Creswell and others both Natives and Strangers the consequence whereof was this That though Treason was always in the intention yet God be praised nothing hath yet been brought to Execution but the Traitors In this affair St. Jo. Davys D sc of Ireland fo 242. I find a memorable Observation of a grave Statesman That in the Indentures of submission of the Irish to King Hen. 8. all the Irish Lords did acknowledge him to be their Soveraign Lord and King and owned his Supremacy in all causes utterly renouncing the Pope's Jurisdiction most worthy of note says he in that when the Irish had once resolved to obey the King they made no scruple to renounce the Pope Besides these which have been experienc'd in our own Country infinite have been the mischiefs occasion'd in the World upon this score of Supremacy and Dominion and that by the mighty strugling and bickerings that have been maintained between the Papacy and the Princes of the Earth about the gaining and keeping this Power Besides the general Observations that a great means of the growth of the Turkish Empire to it s now formidable stature hath been the Wars and disturbances wrought upon this ground amongst the Christians themselves Also the decay and corruption of sincere piety and devotion by the turning the current of Religion out of its pure primitive channel into the sink of disputes and controversies about the Rights and Bounds of Dominion when Christ himself hath told us That his Kingdom is not of this world This caused Divine Religion to degenerate into Humane Policy and upon this it was that Machiavel too truly observed Mach. Disc on Tit. Liv. lib. 1. cap. 12. That there was now here less Piety
And that of Vzziah a King indeed proclaming aloud both the sin and danger in trespassing beyond the stated and just bounds and limits in Religious Offices whilst under his usurped Pontifical Robes 2 Chron. 26.21 he wore a loaâ—hsome leprosie to his dying day as a most signal mark of the Divine vengeance for Exchanging his Scepter for a Censer to offer up unwarranted and noisome Incense But God be thanked neither of these is the case of our Kings who otherwise have taken f r their patterns divers other Noble Hâ—zekiah Jâ—siah c. vertuous and Religious Princes to whose Honour it is recorded how though they neither offered Sacrifice nor Incense yet that they cleansed the polluted Temple reformed the corrupted Religion and manners of their times and caused Judah and Jerusalem to serve the Lord. So ours never assumed to themselves a Power or Authority of Preaching Teaching binding or loosing in foro animae Administring the Holy Sacraments conferring Orders or any thing in particu ar properly annexed to those Orders But only in matters External that is of Jurisdiction external the last Branch of Ecclâ—siastical Authority and what belongs to the outward Polity of the Church they look upon it as their duty and honour to become Nursing Fathers to see that the true God be publickly worshipped to see that Atheists Polyâ—heists and all such as break the Moral and eternal Law be Corrected chastised and restrained upon which acconut it is often said that Rex est Custos utriusque Tabulae To see that good and wholesome Laws be made and established for the good government of the Church That both the Church and Church-men be regulated and defended in their respective Rights Possessions Interests and concerns and that such as do transgress the lawful constitutions of the Church be duely punished and to this purpose the Regal Office is thus described in King Edward's Law Rex Leg. Edv. Confes cap. 17. fo 142. quia vicarius Summi Regis est ad hoc est constitutus ut regnum terrenum populum Domini super omnia Sanctam veneretur Ecclesiam ejus regat ab injuriosis defendat Jo. Brompt Coll. 761 923. c. And much to the same purpose in those of Ina Canutus and others And hence it also is that in those Laws we often find the Prince extending his Commands unto the same things the Priest did his Exhortations And thus the premises considered it plainly may be collected wherein the formalis ratio of our King's Supremacy and Ecclesiastical Authority doth consist which being inherent in their Crowns they do and may at all times put in practice sine ulla labe Christianitatis and without praying the Aid of any forraign Power or Potentate whatsoever And further to anticipate all prejudice and Scandal in this matter Queen Elizabeth in the same year of the Restitution of Ecclesiastical Jurisdiction to her Crown did declare she did not challenge any other authority Admoniâ—ions annexâ—d unto the Injâ—â—ctions 1 El. then was challenged and lately used by King Henry the eighth and King Edward the sixth which is and was of ancient time due to the Imperial Crown of this Realm that is under God to have the Soveraignty and rule over all manner of persons within her Realms and Dominions c. And for the Oath of Supremacy appointed by the said Stat. 1 Eliz. whereby her Highnesse's Supremacy was Declared in the stile aforesaid It was Dâ—clared in a Statute made the next Parliament Stâ—t 5 El. Ca. 1. That the said Oath shall be taken and expounded in such form as is set forth in an Admonition annexed to the Q. Majesty's Injunction c. At which time also a Synod being held for avoiding of diversity of Opinions and establishing of consent touching true Religion c. It did expresly declare Artic. 37. That they did not give to our Princes the ministring of God's word or the Sacraments But only that Prerogative as is given in the Holy Scriptures by God himself viz. That they should rule all Estates and degrees committed to their charge by God whether they be Ecclesiastical or Temporal and restrain with the Civil sword the stubborn and evil doers c. Stat. 13 Eliz. cap. 12. And thâ— Articles of this Synod were likewise confirmed by Parliament So that now no man need doubt but that all this was but acknowledgement that what our Kings and Princes had done in former Ages might lawfully be continued by their Royal Successors and that therein they did not usurp upon the Rights and Offices of others but only maintained their own and that all these Declaratory Supervening Statures passed and Enacted upon the most weighty Reasons of State were not Introductory of any new Law but only Assertory of the just Rights and Prerogative of the Kings and Crown of England Like as a Reformation once made in the ancient Roman Empire Jul. Capitolin vit Ant. 〈◊〉 by the Emperour Antoninus Philosophus is thus celebrated by Julius Capitolinus in his life Jus autem magis vetus restituit quam novum fecit Applicable as well to all the other points and branches of the Reformation here as to that of the King 's Ecclesiastical Jurisdiction But the clearing that I leave to the Divines And thus have taken a brief view only for much more might have bin added out of our authentick Records and Histories as of the ancient Rights of Kings and Princes in general so particularly of our own in matters Ecclesiastical How the same have for some time been suppressed and usurp'd upon by the Papal Faction but happily Vindicated and restored in these latter Ages In which affair no Country hath proceeded more regularly laudably or legally than this our Kingdom of England the Princes of the same as Supream within their own Dominions calling together their own Clergy and with their assistance and advice reforming the Church And what remains now but my submission and pardon for the presumption of this attempt upon my Soveraign's Supremacy seeing that Prince may be said in a manner to be deposed that is made the Subject of an usurping Pen. FINIS