Liberties but he violated this Oath and was absolved from it soon after by the Pope And we find that Pope Vrban the Fourth absolved King Henry the Third from his Oath made to his Subjects for the observation of certain Articles Mat. Paris fol. 1322. called The Provisions of Oxford whereto he had condescended after long trouble for the peace and quiet of his People Pope Clement the V also did the like to King Edward the First touching his Oath which he had made to the Barons of this Realm Thomas Waisingham f. 61. SECT 11. 11. The Pope taketh upon him Authority to Examine Princes Titles Princes Wars examined by the Pope c. Sicut extra in Jurejurando and the Causes of their Wars and to compound their Controversies at his pleasure compelling them to abide his Order upon pain of Excommunication Interdiction c. A matter very dangerous considering the Corruption of Justice in that See whereof there be so many Examples in Histories as would fill a large Treatise and that the Pope can hardly be indifferent his Affairs and State being such as they are for the most part linked with the one part or the other The claim of this Authorlty appeareth in c. Tram. Extra de ordine Cognition David Prince of North Wales having Wars with King Henry III committed himself his People and his Land into the hands of the Pope promising to hold his Right of him and to pay Five hundred Marks by the year Several Charters were made to the King by the Prince and Nobles of North Wales ratified by their Oaths and voluntary Submissions to Ecclesiastical Censures of Excommunication and Interdict by the Bishops therein nominated in case of Violation And the manner of his Oath is set down by Matth. Paris Et Matth. Paris p. 605 607. Mâ—t. Westm p. 180 181 182. ad omnia firmiter tenenda Ego David juravi super crucem sanctam quam coram me feci deportari And firmly to hold all these things I David have sworn upon the Holy Cross which I have caused to be carried before me And the Reverend Father Howel Bishop of St. Asaph aâ— my request saith David hath firmly promised in his Order that he will do all these things aforesaid and procure them to be observed by all the means that he can And Ednevet Wagan at my Command sware the same thing upon the Cross aforesaid But the Pope layeth hold of the Cause the Controversie being committed by him unto two of his Clergy The King was called before Matth. Paris fol. 880 881. them to answer David's complaint which the King seeing how small likelihood there was of Indifferency refused to do King Edward the First having war with Scotland and being far entred into the Land was by Commandement of the Pope enjoyned to leave off his wars against that Realm upon pretence that Scotland and the people thereof were by his special exemption discharged from all Authority of other Princes and appertained to his See Thomas Walsingham addeth That the King refusing thus to be ordered was moved thereto again by the Pope and commanded to receive Order by way of Justice in his Court The King having received Pope Boniface's Letters assembleth a Parliament at Lincoln by whose advice he addresseth Letters Responsal to the Pope And the Lords Temporal in the name of the whole Parliament answered the Pope That the King of England ought by no means to answer in judgement in any Case nor should bring his Rights into doubt nor ought to send any Proctors or Messengers to the Pope c. And that they will not suffer their Lord the King to do or by any means to attempt the premisses beinâ— so unaccustomed and not heard of before Dated at Lincoln in the year 1301 in the 28th year of the Reign of King Edward the First But the same King in time of war with the French King was required Walsingham fol. 41. on the behalf of Pope Boniface VIII by his Legat to put their whole quarrel to be by way of Arbitrament decided by the Pope And further he was enjoyed upon pain of Excommunication to take truce with the French King for two years whereto he gave place saith Thomas Walfingham SECT 12. 12. Another Grievance was The departure of Prelats and other of Subjects departure out of the Realm against the Kings will the Clergy forth of the Realm and leaving the service thereof against the Kings will Of which sort some voluntarily have gone upon coâ—our of devotion as Anselm Archbishop of Canterbury in the time of King William Rufus notwithstanding that he was expresly forbidden by the King and told that if he went he should no more return into his Realm departed from hence pretending that he went Ad Matth. Paris fol. 29. Visitandum Limina Apostolorum To visit the Thresholds of the Apostles It may be he pretended his Oath for at that time Bishops used to bind themselves by Oath that once every year they should visit the See of Rome except they be otherwise dispensed withal which Oath by the Canon Law is now taken by every Popish Bishop Ego N Episcopus N. ab hac hora in antea fidelis obediens cro beate Petro sanctaeque Apostolica Romanae Ecclesiae ac Domino nostro S. P. suisque Successoribus canonice intrantibus Non ero in consilio aut consensu vel facto ut vitam perdant aut membrum seu capiantur mala captione c. Others again have been called forth of the Realm to the Popes service as Peter Bishop of Winchester in the time of King Henry the Third was called to Rome by the Pope pretending that he would imploy him in compounding certain differences which were betwixt him and the Inhabitants of Rome and betwixt him and the Grecians But truly as Matthew Paris noteth the Pope knew him to be a very rich Matth. Paris sol 549. Bishop and therefore sent for him to Rome to assist him not only with his Advice in his Military Affairs but also with his Purse against the Romans and Grecians And the Pope having made as much of him as he could for those ends importuned the King for his return into England which the King assenting to wrote thus to the Pope and Bishop Domâ—no Papae Rex c significavit nobis sanctitas vestra per venerabilem Claus 19 H 3. Part. 2. memb 2. intus Patrem A. Coventrensem Litchfeldensem Episcopum dilectum fidelâ—m nostrum P. Saracenum Civem Romanum quod gratum haberetis acceptum si venerabilis Pater P Wintoniensis Episcopus cum gratia nostra reverti posset in Angliam sicut ad ejus spectat officium curam securus genere pastoralem super hoc ex parte sinceritatis vâ—strae nos rogaverunt Ad quod Sanctae Paternitati vestrae duximus respondendum Quod cum idem Episcopus Regnum nostrum ultimo exivit gratis motu
opposed in such manner Pyrnn's Exact Hist vol. 2. as hath been related yea totally neglected or seldome put in use in times of Popery by those which made them as Lyndewood himself acknowledgeth in his Epistle to Henry Archbishop of Canterbury before his Provinciale SECT V. 5. The King's Prohibition disobeyed by the Popes Warrant is another Grievance complained of in those days For Pope Eugenius hath The Kings Prohibitions Contemned so decreed That no Spiritual Judge shall stay from proceeding in any Cause termed Ecclesiastical in regard of the Kings Prohibitions c. Decernimus Extra de judiciis The Prohibitions sent by our Kings their Council Courts Judges to Archbishops Bishops Archdeacons Officials and other Eccâ—esiastical Persons were some of them against admitting Clerks to Benefices or Prebendaries till the Title were tried in the Kings Courts Some against holding â— lea of Advowsons of Chappels Churches Prebendaries or determining the Rights of Patronages to Churches Chappels and Prebendaries in Eclesiastical Courts or before Popes Delegates Against Alienation of Lands in Capite in Mortmain or otherwise Against granting Administrations of Intestates Goods Debtors or Accomptants to the King till the Kings Debts satisfied Against Appeals to Popes or any other in cases of Certificates of Pryn's Hist of Popes Usurpations Vol. 2. p. 393 394 878 879. Bastardy to the Kings Courts or trying Bastardy in Spiritual Courts their Canons crossing the Common Law therein Against Abbots or Convents borrowing or others lending them Moneys upon Bond without their joynt consent and the Kings c. Against Archbishops Consecrating Bishops Elect not approved of by the King after their Election Against their holding and meeting in Convocations or Council or acting and doing any thing in them prejudical to the King or Kingdom Some Prohibitions were against Bakers imprinting the sign of the Cross Agnus Dei or name of Jesus upon Sale-bread Some against Bishops and other their Officers citing Lay Persons to make Inquisitions Presentments or give testimony upon Oath or excommunicating them for not taking Oaths in any case except in matters of Matrimony and Testament being against the Kings Prerogative Law or Custom of the Realm c. Against their holding Plea of any Chattels or Goods which concerned not Marriage or Testament or of Goods Testamentary for which there is Suit in the Kings Exchequer Against their Citing Excommunicating or Interdicting any of the Kings Barons Bailiffs Judges Officers Sheriffs for executing the Kings Writs or Misdemeanours in the execution of their Offices or any of his Tenants in Capite or of his Demesne Lands Cities Castles without his special License or Lieutenants c. Against Archbishops Bishops Convents or others presenting to Livings or Prebends belonging to the King during Vacations Against disturbing the Possessions of the Kings Clerks presented by him to Benefices or Prebends or Judgments in his Courts by any process out of Ecclesiastical Courts or from the Pope or his Deligates Against Suits in Ecclesiastical Courts Pro lasione fidei or breach of Oaths in civil Contracts Against suing there for Lands devised by Custom or Actions of Debt devised by the Testator Against Ordinaries malicious Excommunications or Arresting or Imprisoning Persons unjustly Excommunicated by them or for bringing Prohibitions to prevent them Against the bringing of any Bulls Letters from or sending any Letters to the Pope or Court of Rome prejudicial to the King or Realm Against citing or drawing any of the Kings Subjects for any Suits to Rome or out of the Realm by the Pope his Delegates or others Against collecting any Aid Disme or Money for the Pope or others by the Popes Authority without the Kings special Licence and Consent by Popes Nuncioes Legats Bishops or any others Against Popes Provisions to Benifices Prebendaries c. belonging to the Kings Presentation in right of his Crown or by his Prerogative in Vacant Bishopricks Monasteries Wardships or to his free Chappels or Churches impropriated Against Clerks and others going to Rome without taking a special Oath to procure nothing to the Kings or Kingdoms damage Against Popes Legates or Agents coming into the Realm unless sent for and taking an Oath to do or bring nothing to the prejudice of the King Church or Kingdom Against receiving or assisting a Bishop or Archbishop made by the Popes Provision Against Popes and their Delegates Sequestration of the Temporalties Goods and Profits of Monasteries Against Sheriffs or Gaolers detaining Clerks in Prison after demand by their Ordinaries Against the Cruce signati or others going over Sea out of the Realm without the Kings special Licence Against offering violence to the Goods or Persons of Clerks Churches or Church-yards Against removing Moneys of Delinquents and Alliens out of Monastories Against offering Violence to Jews or their Goods Against Noblemens siding with Bishops in their Quarrels Against Suits between Persons for Tithes when the Patron may be prejudiced or for the Money of Tithes sold until it be discussed by the King and Council whether the Right belongs to the King or whether the Cause belong to the King or the Ecclesiastical Court. Against Examining things in the Ecclesiastical Court that have been judged in the Kings Courts in cases of Presentations to Churches and the like Against Womens Marriages who held Castles or Lands in Capite without the Kings Licence SECT 6. 6. Another Grievance was That the King was forbidden in Restraint of the Common Law causes of Clerks to use the Canon Laws of his Realm but is commanded to decide them only by the Common Law c. Quod Clericus de foro competenti Some Causes ever taken to be meerly Civil and to appertain to the Crown were drawn to the Ecclesiastical Usurpation against Common Law Authority As namely The right to determine Questions of Patronage whereof Pope Alexander the Third wrote to the King of England that it was to be tried by Ecclesiastical Laws and before an Ecclesiastical Judge cap 3. Extra de judiciis Again in some Causes Civil the King was restrained from the use of the Common The King not permitted to use the Common Law in some Cases of Lay Persons Law of his Realm though the same concern Lay Persons As when a Woman by Oath maketh release of her Joynture or Dower the temporal Judge is compellable by the Ordinary his Excommunication to judge of the Oath according to the Canon Law c. Licet jure jurand And where again an Ecclesiastical Judge hath determined any Cause according to the Canon Law if the same Matter be brought before a Temporal Judge he must allow the Judgment of the Spiritual Judge that it be pleaded before him cap. ult Extrade exeptionibus But contrariwise If a Clerk be first Condemned by a Temporal Judge the Canon Law hath no regard thereof nor receiveth any thing for proof that was done before him c. At si Clerici de judiciis SECT 7 7. That under the general colour of their Authority to maintain Civil
England Enslaved UNDER POPISH SUCCESSORS BEING A True HISTORY OF THE OPPRESSIONS this NATION Groaned under in Times of POPERY LONDON Printed for Jonathan Wilkins at the Star in Cheapside next Mercers Chappel MDCLXXXI ENGLAND'S Grievances in Times of POPERY SECTION 1. IT appeareth as well by the Pope's Laws delivered in Decretal Epistles which were particularly and upon sundry occasions directed to the Bishops and other Clergy-men of this Realm of England in Popish times as also by the report of our English Histories that at such time as the Bishop of Rome had his full â—way in this Realm the Authority of the King was so obscured as there was hardly left any shew of his Sword and Dignity And on the other side the Subjects destitute of succour by their Natural Prince and left to a most miserable spoil and rapine of the Pope and of such as it pleased him to give them in prey whereof these special Grievances here collected may serve for testimony besidâ—s a number of others which come not to my memory but may be easily supplied by any indifferent mans careful Reading GRIEVANCES 1. The first Grievance was The Exemption of the Clergy who being Exemption of the Clergy a considerable part of the Realm by reason that great numbers as well looking to Preferments that then were bestowed upon that State as also drawn by Priviledges and Immunities which they infinitely enjoyed above others sought to be of that number were wholly exempt or at least so took themselves to be from all Jurisdiction of the King and his Justices not in Ecclesiastical Causes only as then they were termed but even in Causes Civil and in Matters of Crime though the same touched the Prince and his Danger in the highest degree The Popes Laws to this purpose are to be seen in C. Clerici extr de Judiciâ—s C. seculares de fore compet enti in 6o. and a special Constitution Provincial of this Realm made by Boniface Archbâ—shop of Canterbury in the time of King Henry the Third in the Council of Westminster or Lambeth Anno 1270 or 1272. vid. Prynne's Exact History of Pope's Intollerable Usurpations upon the Liberties of the King and Subjects of England and Ireland Vol. 2. lib. 4. c. 3. Johan de Aton Constitut. Guil. Lindwood Touching the Practice it is recorded in the Deâ—retals that Pope Alexander III. in the timâ— of the Reign of King Stephen wrote to the Bishop of London to take Order by his Jurisdiction in a Civil Controversie of Goods left in the Custody of a Clerk c. 1. de Deposito Likewise it doth there appear that in the time of King Henry II. Pope Lucius III. wrote to the Bishops of Ely and Norwich to compel a Clerk to save his Sureties harmless And to like purpose he wrote in another Case to the Archbishop of Canterbury King Henry III. pretending Title by his Prerogative or by the Common Law to certain Lands which the Archbishop of Canterbury claimed to be parcel of the possessions of his Church was compelled to answer the Bishop in that Cause in the Court of Rome Mat. Paris fol. 494. Adam Tarlton or d'Orlâ—on Bishop of Hereford in a Parliament holden at London in the year 1324 was accused of Treason against King Edward II. as having aided the Mortimers with Men and Money against that King Being brought before the King and claiming his Priviledge to be judged by the Pope he was forthwith rescued by the rest of the Clergy After a few dayes the King caused him to be brought before him and when he should have been arraigned a thing till that time never heard of that a Bishop should be arraigned the boldness of the three Archbishops of Canterbury York and Dublin was very strange for they with ten other Bishops with their Crosses erected came to the Bar before the Kings Justices and took him from thence into their own Custody In his absence he was attainted with High Treason notwithstanding and his Temporalties were seized into the King's hand until such time as the King much by his device and machination was deposed of his Kingdom But though the King took away his goods yet he was not suffered to meddle with his Body Tho. Walsingham Hâ—st Angl. p. 98 99. SECT 2. 2. Whatsoever Laws the King in his Parliament made which in any Restraint of making Laws for Policy sort impeached the Priviledge or Liberty of the Clergy or touched their Lands or Goods were for that time holden by the Pope and his Clergy void and of no force And it helped not the King how just cause soever he pretended of any right appertaining to his Ancestors For so are the Popes Laws in precise terms save that some of the later sort reserve to the King Laws touching Services and some other rights in Church lands c. qu. Ecclesiarum de Constit c. Eccles Sanct. Alar c. Noverit c. Gravâ—m de Sententia Excommunicationis And some Popes were so jealous over Princes in the Point that they refused to allow Laws by them made to the benefit of the Church As where Basil Lieutenant to Odoacer King of the Lombards provided by Law in favour of the Church that no Prescription should make his Title good who had bought ought of the Church the Pope misâ—iking that a Lay-mâ—n should deal in those Causes disannulled the Law c. Pene quidâ—m Distinct 96. The practâ—ce of this injury is notable in the dealing of Thomas Archbishop of Canterbury with King Henry II. For whereas the King in his Parliament had made very reasonable Laws in maintainance of the Ancient Rights of the Crown against the licentious Liberties claimed by the Clergy Among which one was That Clerks in Causes of Felony and Murther should be tried by the Laws of the Realm for that it was shewed unto the Parliament that then an hundred So Nuburgensis noteth lib. 2. cap. 15. Mâ—rthers had been committed by Church-men not duly punished whereto the said Archbishop and the rest of the Prelats gave their consents and bound themselves to the observation of them by their Oaths the Archbishop afterwards grudging at these Laws departed the Realm obtained at the Pope's hand Absolution from his Oath and forced the King to answer for those Laws in the Court of Rome where the King finding no favour that Garboil insued which after fell out betwixt the King the Pope and the Archbishop and many Murthers committed upon Clerks by the Lay-subjects who greatly stomached this Indignity offered to the King The Pope fearing two such Potentates as the Kings of England and Mat. Paris Hist Angl. fol. 1â— 4 135. France determineth to labour a Reconciliation betwixt the King and the Archbishop and to make the French King a Mediator for the Archbishop This he effected and brought the two Kings together at Paris Thither also came Thomas Becket who being come into the King's presence falling down upon his knees used these words My Lord and Soveraign I do here
commit unto your own judgment the Cause and Controversiâ— between uâ— so far forth as I may salvo honore Dei saving the honour of God The King being much offended with that last Expression Salvo honore Dei turned himself about unto the French King and said See you not how he goeth about to delude me with this Clause Saving the honour of God for whatsoever shall displease him he will by and by alledge to be prejudicial to the honour of God But this I will say to you whereas there have been Kings of England Godwin's Catalogue of English Bishops many before me whereof some were peradventure of greater power than I the most far less and again many Archbishops before this man holy and notable men Look what Duty was ever performed by the greatest Archbishop that ever was to the weakest and simplest of my Predecessors Hereunto the Archbishop answered cunningly and stoutly That the times were altered his Predecessors which could not bring all things to pass at the first dash were content to bear with many things and that as men they fell and omâ—tted their Duty often times thaâ— what the Church had gotten was by the diligence of good Prelates whosâ— Example he would follow thus far forth as that â—f he could not augment the Priviledges of the Church in his time yet ye would nâ—vâ—r consent they should be diminished This Answer being heard all Men cried shame upon him imputing the cause of these stirs upon him and so they parted at that time without reconciliation Another instance I will give namely that of Cardinal Pool who in the Dispensation granted to the Realm in the time of Queen Mary for determining Church Lands c. Doth therein plainly declare that it was of favour and in regard of the Peace of the Realm that he so dispensed otherwise all Laws made in derogation of the Churches Rights were void SECT 3. 3. The Pope dischargeth the Clergy from all Payments of Money The King forbidden to lâ—vy Subsidâ—â—s upon the Clergy So are his Laws in c. adversus Ext. de Immunitate Ecclesiarum c. 1. de Immunit Ecclesiar in sext c. Clericis eâ—dem Roger Hoveden Anâ—al pars â—osteriorpâ— 1â— 817. Matth. Paris p. 146 15â— 194 Holinâ—hâ—d p. 143 1â—7 153 170 Gâ—dwin in his Life imposed by any Temporal Prince be it by way of Taxe or of Subsidy or for what necessity of his Realm soever except the Pope be first made privy thereto and give his assent And Clerks yielding to such Imposition do thereby fall into the Popes Curse King John demanding of his Subjects as well Spiritual as Tempâ—ral a thirteenth part of their Goods and Chattels Geâ—ffery Plantaginet Archbishop of York the Kings base Brother opposed it Sâ— saith Mr. Prynne out of divers Authors That he obstructed the levying of Carvage demanded and granted to the King by common consent and paid by all others on the Demesne Lands of his Church or Tenants beating the Sheriff of York's Servants excommunicating the Sheriff himself by Name with all his Aiders and interâ—icted his whole Province of York for attempting to levy it Wherefore the King incensed for these intollerable Affâ—onts summoned him to answer these high Contempts his not going over with him into Normandy when summoned and also to pay him 3000 Marks due to his Brother King Richard and by his Writs commanded all the Archbishops Servants where-ever they were found to be imprisoned as they were for beating the Sheriffs Officers and denying to give the King any of the Archbishops Wine passing through York summoned Geoffery into his Court to answer all these Contempts and issued Writs to the Sheriff of Yorkshire to seize all his Goods Temporalties and to return them into the Exchequer which was executed accordingly The King and Queen repairing to York the next Mid-Lent the Archbishop upon more sober thoughts made his Peace with the King submitted to pay such a Fine for his Offences as four Bishops and four Barons elected by them should adjudge and absolved William de S utvil the Sheriff and James de Paterna whom he had excommunicated and recalled his former Interdict King Edward the First was in a like case resisted by means of Robert Kilwarby Archbishop of Canterbury For when the King in Parliament holden at St. Edmonds-bury demanded there a Subsidy of his Subjects the Temporalty yielded an Eighth part of the Goods of Citizens and Burgâ—sses and of other Lay Persons the twelfth part but the Clergy encouraged by the Archbishop who had procured This is repâ—rted by William Thorn a Monk of Canterbury from Pope Boniface the VIII Immunity from Subsidies which I take to be the same that is before recited Ex. c. 1. de Immunitate Ecclesiarum in Sexto refused to yield any thing whereupon the King called another Parliament at London without the Clergy where the Goods of the whole Clergy were declared to be forseited to the King so as afterwards most of the Clergy were content with any condition to redeem that forfeiture SECT IV. 4. The Kings own Subjects were by the Pope armed with Censures Subjects Armed against their Soveraign of Excommunication Interdiction c. by them to be denounced against him for redress of such wrongs as iâ— pleaseth them to take themselves injured by Pope Innocent IV. hath decreed that a Prelate having wrong offered him by a Temporal Judge may defend himself with the Spiritual Sword of Excommunication c. Dilecto Dâ— sententia Excommunicationis in Sexto In the Fortieth year of King Henry the Third Boniface Archbishop of Canterbury made a large Constitution wherein he setteth forth how the Clergy shall proceed against the King by whose Writ a Clerk is called in his Court to answer for Matters pertaining to the Ecclesiastical Judge and declareth that it shall be lawful to interdict all the Kings Lands and Possessions This Archbishop had summoned a Council of Bishops and Archdeacons that like the Martyr Thomas saith Matthew Paris he might encounter the Enemies and Rebels of the Church and be a Wall of Defence unto it as was pretended The King directed his Prohibitions to him and the Bishops not to meet in this Council which they contemn The Articles and Canon made in that Council were against the Kings Prerogative Ecclesiastical and Temporal his Temporal Judges Courts Laws Prohibitions Writs and Judgments Exempting of themselves their Clerks Officers Lands and Goods from their Secular Jurisdiction and Judicatures Decreeing Interdicts and Excommunications against the King his Judges Officers Lands Castles and Lay-subjects for which Liberties they resolved to contend even unto Death The Archbishop was forced by the King and Barons to fly the Kingdom for this and other like Constitutions against whom they complained appealed and sent their Proctors to Rome Which Constitutions are yet printed in Lyndewood and Aton and urged for the Canon-Law of this Realm by some aspiring Prelates and Ignorant Canonists of late times saith Mr. Prynne though always
Paris fol. 1002. the place of the Abbot being void 1000 Marks and would not confirm the Election of the new Abbot until the Monks had promised to pay 800 Marks In the Reign of King Edward the Second Pope John XXII reserved to his See the First-fruits of all vacant Benefices for the space of three years At that time also certain Usurers set up in England called Caursins who by Usuries and strange Arts devised in Italy did eat up the poor People and the Clergy The King himself was much indebted to them The Bishop of London would have repressed them but because they were maintained by the Pope he was not able to effect it The Franciscans and Dominicans preached up the Popes Power and drew all the Confessions to themselves and every day obtained Priviledges to the prejudice of the Parochial Priests who became almost useless The State of England was deplorable for hungry Italians of the baser sort with Bulls and Warrants from the Pope came daily to fleece the People and to raise such sums of Money as they would demand upon the Clergy If any denied what they demanded he was presently Excommunicated And they that held the great Benefices were Strangers who were but the Popes Farmers This caused Matthex Paris that lived then and beheld these things to lament That the Daughter of Sion was become like a shameless Harlot that could not bâ—ush by the just Judgment saith he of him that made an Hypocrite to reign and a Tyrant to domineer Sometimes the Pope made his advantage by Grants made to other Bishops to spoil the Realm as to the Bishop of Rochester whose Name was Laurentim de Sancto Martino a Chaplain and Counsellour of King Henry the Third This Man got a Dispensation from the Pope to hold all his former Livings in Commendam with this Bishoprick And yet alledging that his Bishoprick was the poorest of England and therefore his Living yet unable to maintain the Port of a Bishop he never ceased till he had extorted from the Clergy of his Diocess a Grant of a fifth part of all their Spiritual Livings for five years and appropriated unto his See for ever the Parsonage of Friends-bury The Pope at the same time granted a Bull to the Archbishop of Mat. Paris fol. 1000. Canterbury to collect the Fruits of all vacant Benefices within his Province for one year SECT 18. The way that yielded to the Pope his greatest Harvest was by The Popes Legats Legats sent into this Realm for they coming hither under a plausible title of care to reform things that were amiss within the Realm and the presence of a Legate having an Authority little inferior to the Pope himself being terrible to the Subject they had opportinity not not only to gather to their Masters whatsoever they liked to demand but also provailed intollerably for themselves and some of them with such insolence as it is strange that any Prince could ever suffer them in his Realm I shall here speak something of the Original of these Legats and shew how by degrees the Legatâ— Ã latere were brought in Authority amongst the Nations and how they did inlarge the Popes Phylacteries At first because Rome was the chief City of the Empire from thence as from a Seminary were preachers sent to sundry Nations to preach and plant the Gospel or to confute Heresies afterwards to provide vacant Benefices and to supply the absence of the Roman Bishop in Synods in all which they did no other thing but as other Bishops might have done and also did But when the Bishops of Rome were made Patriarchs and became ambitious these Legats did the same Offices at some times but therewith they began craftily to injoyn unto Archbishops and Metropolitans to execute some things which they were commanded by the Word of God to do and they would give them power within their own Diocesses as if Bishops had been Vicars of the Roman Parriarchs or his Legat. These Primats did gladly imbrace the show of Honour that for Petrie's Church History p. 272. reverence of the Roman Church they might be the more respected in their own Jurisdiction and sometimes the more easily advance themselves above their Competitors Sometimes the Popes sent Legats into other Diocesses with such modesty that they had Authority to attempt nothing without concurrence of the Bishops or Synod of that Countrey Albeit these Legations were partly good and just and at the worst were tollerable yet they were not potestativae or imperious but charitativâ— or exhortatory nevertheless the Popes brought the Churches and Bishops into subjection by such means for afterwards they were sent only for ambitious Usurpation Covetousness and Worldly Affairs The ordinary Legats at Pisa Romandiola Bononia Ferrara Avignon and if there be any other such are Provincial Deputies Prâ—tores or Vice-Roys The Nuncio's at the Court of the Emperor or of any King Prince or State are Ambassadors or Spies for Secular Affairs The Affairs of any Church that are gainful if they be of less account are reserved unto the Judgment of the Nuncio yet not definitively but to be determined at Rome And things of greater importance are wholly reserved for the Court of Rome The Ancient Bishops of Rome did severely in joyn their Legats to acknowledge duly the inferâ—oâ— Bishops within their own Jurisdiction but now they passby the Metropolitans and draw all Actions unto themselves and the Court of Rome Likewise their Ambition and Avarice have so provoked some Nations that they will scarce admit any Legat as Sicily and France have intrâ—nched their Office These particultrs are more largely written by Antoniuâ— de Dominis Archbishop of Spalato de Republ. Ecclesiast lib. 4. cap. 12. Of these some had the Titles and Ensigns others the power of Legats or more without the Title or Badges Some were sent successively into England Wales Ireland France and elsewhere to publish Popes Excommunications Interdicts Bulls Croisados Disms Suspensions Citations Mandats c. to and against Emperors Kings Princes Bishops Abbots Priors and all sorts of Persons to exact collect Moneys Pillage Sacred Churches Monasteries Mansions founded by our devout simple Ancestors for relief of the poor of Strangers and Sustentation of Religious Persons c. It was an Ancient Priviledge of the Kings of England and Scotland that no Legat à latere should come into any of their Dominions by the Popes Mission unless at the Kings special instant request to the Pope who eluded this priviledge by sending Nuncio's Chaplains Clerks Friers Minors or Prâ—dicants sometimes into their Realm with the full power not Titles or Ensigns of Legats Some Irish Bishops without the Kings Privity endeavouring to procure a Legat to be sent into Ireland the King upon notice thereof by his Chief Justice and others writes to the Pope to send no Legat thither against his will Pope Gregory the Ninth his Legat was imprisoned for stirring up Sedition in Lombardy against the Emperor Three Legats