Selected quad for the lemma: land_n
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A38399
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Englands grievances in times of popery drawn out of the canon law, decretal epistles and histories of those times : with reasons why all sober Protestants may expect no better dealing from the Roman-Catholicks, should God for their sins suffer them to fall under the Popes tyranny again / collected for the information and satisfaction of the English nation at this time.
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1679
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Wing E2975; ESTC R16317
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37,708
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46
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Lay-subjects who greatly stomached this Indignity offered to the King The Pope fearing two such Potentates as the Kings of England and France Mat. Paris Hist Angl. fol. 1 4 135. determineth to labour a Reconciliation betwixt the King and the Archbishop and to make the French King a Mediator for the Archbishop This he effected and brought the two Kings together at Paris Thither also came Thomas Becket who being come into the King's presence falling down upon his knees used these words My Lord and Soveraign I do here commit unto your own judgment the Cause and Controversie between us so far forth as I may salvo honore Dei savâ—ng the honour of God The King being much offended with that last Expression Salvo honore Dei turned himself about unto the French King and said See you not how he goeth about to delude me with this Clause Saving the honour of God for whatsoever shall displease him he will by and by alledge to be prejudicial to the honour of God But this I will say to you Godwin's Catalogue of English Bishops whereas there have been Kiâ—gs of England many before me whereof some were peradventure of greater power than I the most far less and again many Archbishops befâ—re this man holy and notable men Look what Duty was ever performed by the greatest Archbishop that ever was to the weakest and simplest of my Predecessors Hereunto the Archbishop answered cunningly and stoutly That the times were altered his Predecessors which could not bring all things to pass at the first dash were content to bear with many things and that as men they fell and omitted their Duty often times that what the Church had gotten was by the diligence of good Prelates whose Example he would follow thus far forth as that if he could not augment the Priviledges of the Church in his time yet ye would never consent they should be diminished This Answer being heard all Men cried shame upon him imputing the cause of these stirs upon him and so they parted at that time without reconciliation Another instance I will give namely that of Cardinal Pool who in the Dispensation granted to the Realm in the time of Queen Mary for determining Church Lands c. Doth therein plainly declare that it was of favour and in regard of the Peace of the Realm that he so dispensed otherwise all Laws made in derogation of the Churches Rights were void SECT 3. The King forbidden to levy Subsidies upon the Clergy So are his Laws in c. adversus Ext. de Immunitate Ecclesiarum c. 1. de Immunit Ecclesiar in sexto c. Clericis eâ—dem 3. The Pope dischargeth the Clergy from all Payments of Money imposed by any Temporal Prince be it by way of Taxe or of Subsidy or for what necessity of his Realm soever except the Pope be first made privy thereto and give his assent And Clerks yielding to such Imposition do thereby fall into the Popes Curse Roger Hovâ—den Annal pars posterior p. â—11 817 Matth Paris p. 146 157 194 Holmshed p. 1â— 163 170 Godwin in hâ—s Life King John demanding of his Subjects as well Spiritual as Temporal a thirteenth part of their Goods and Chattels Geoffery Plantaginet Archbishop of York the Kings base Brother opposed it So saith Mr. Prynne out of divers Authors That he obstructed the levying of Carvage demanded and granted to the King by common consent and paid by all others on the Demesne Lands of his Church or Tenants beating the Sheriff of York's Servants excommunicating the Sheriff himself by Name with all his Aiders and interdicted his whole Province of York for attempting to levy it Wherefore the King incensed for these intollerable Affronts summoned him to answer these high Contempts his not going over with him into Normandy when summoned and also to pay him 3000 Marks due to his Brother King Richard and by his Writs commanded all the Archbishops Servants where-ever they were found to be imprisoned as they were for beating the Sheriffs Officers and denying to give the King any of the Archbishops Wine passing through York summoned Geoffery into his Court to answer all these Contempts and â—ssued Writs to the Sheriff of Yorkshire to seize all his Goods Temporalties and to return them into the Exchequer which was executed accordingly The King and Queen repairing to York the next Mid-Lent the Archbishop upon more sober thoughts made his Peace with the King submitted to pay such a Fine for his Offences as four Bishops and four Barons elected by them should adjudge and absolved William de Stutvil the Sheriff and James de Paterna whom he had excommunicated and recalled his former Interdict King Edward the First was in a like case resisted by means of Robert Kilwarby Archbishop of Canterbury For when the King in Parliament holden at St. Edmonds-bury demanded there a Subsidy of his Subjects the Temporalty yielded an Eighth part of the Goods of Citizens and Burgesses and of other Lay Persons the twelfth part but the Clergy encouraged by the Archbishop This is repâ—rted by William Thorn a Monk of Canterbury who had procured from Pope Boniface the VIII Immunity from Subsidies which I take to be the same that is before recited Ex. c. 1. de Immunitate Ecclesiarum in Sexto refused to yield any thing whereupon the King called another Parliament at London without the Clergy where the Goods of the whole Clergy were declared to be forfeited to the King so as afterwards most of the Clergy were content with any condition to redeem that forfeiture SECT IV. 4. Subjects Armed against their Soveraign The Kings own Subjects were by the Pope armed with Censures of Excommunication Interdiction c. by them to be denounced against him for redress of such wrongs as it pleaseth them to take themselves injured by Pope Innocent IV. hath decreed that a Prelate having wrong offered him by a Temporal Judge may defend himself with the Spiritual Sword of Excommunication c. Dilecto De sententia Excommunicationis in Sexto In the Fortieth year of King Henry the Third Boniface Archbishop of Canterbury made a large Constitution wherein he setteth forth how the Clergy shall proceed against the King by whose Writ a Clerk is called in his Court to answer for Matters pertaining to the Ecclesiastical Judge and declareth that it shall be lawful to interdict all the Kings Lands and Possessions This Archbishop had summoned a Council of Bishops and Archdeacons that like the Martyr Thomas saith Matthew Paris he might encounter the Enemies and Rebels of the Church and be a Wall of Defence unto it as was pretended The King directed his Prohibitions to him and the Bishops not to meet in this Council which they contemn The Articles and Canons made in that Council were against the Kings Prerogative Ecclesiastical and Temporal his Temporal Judges Courts Laws Prohibitions Writs and Judgments Exempting of themselves their Clerks Officers Lands and Goods from their Secular Jurisdiction
c significavit nobis sanctitas vestra per venerabilem Patrem A. Covâ—ntrensem Litchfeldensem Episcopum dilectum fidelem nostrum P. Saracenum Civem Romanum quod gratum habereâ—is 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 Patern tati vestrae duximus respondendum Quod cum idem Episcopus Regnum nostrum ultimo exivit gratis moâ—u ductus proprio potius quam nostram vel alterius compulsionem Et etiamsi bene recolitis ad preces vestras nobâ—s specialiter inde directas sedem adiâ—t Apostolicam Vnde si memoratus Episcopus voluntatem habuerit revertendi in Regno nostro commorand bene placet nobis ipsus adventus Nec erit qui ipsum super hoc aliquatenus impediat aut cum redierit tranquilitatem ipsius perturbet licet etiam graviter versus ipsum moveremur ad Instantiam vestram conceptum rancorem siquis esset penitus et remitteremus parati et expositi tanquam filius Sanctae Romanae Ecclesiae devotissimus in hiis aliis vestris inhaerere Conciliis voluntatis vestra pro viribus nostris bene placitum ad implere Teste Rege 40 die Martii Anno c. XIX The King wrote after the like manner unto the Bishop Others and those very often were called to Rome to answer Complaints or Private Mens Suits by which occasion the King lost the use of their Service and a great part of the Wealth and Substance of this Realm was spent in the Court of Rome SECT 13. â—â—vestiture into Bishopricks and the Kings assent in choice of Bishops taken from him 13. It is well known that the King hath special Interest in the Choice and Investitures of Prelates unto Bishopricks both because a great part of the good Government of his People dependeth upon the good Government of that State and also because in those times he furnished himself with Counsellours taken out of the Number and employed others in places of weighty and most necessary Services of the Realm Wherefore the Kings of England were ever by the Ancient Customs and Laws of the Land allowed their Assent and Directions in all Elections of Persons unto those places This right hath been strangely oppugned by divers Popes some of them disturbing Elections made by the Consent of the King and others bestowing Bishopricks at Pleasure without Election at all and against the Kings will The first that stirred that Quarrel in England was Anselm Arch-bishop of Canterbury For when the Kings of England needy of Moneys borrowed of the Clergy great Loans never to pay again he to exempt himself from Subjection to the King laboured to make his Archbishoprick to depend meerly on the Pope not on the King although he had acquired it by the Concession and free Gift of the King Anselm then being promoted in the year 1092 to the Archbishoprick by King William Rufus the King having franckly bestowed that rich Bishoprick upon him soon after would extort from him a great Sum of Money for the exigence of his Affairs as claiming some recompence for his Gift Anselm refused to give it and stealing away privately out of England went to Pope Vrban the second who at that time was Violently Prosecuting against the Emperour Henry IV the Quarrel of Investiture begun by his Predecessours Gregory VII This Vrban liking the Prudence and Dexterity of Anselm gave ear â—o his Counsel and gave him the Archbishops Pall thereby voiding â—he Investiture which he had received from King William Du Moulin contr Card du Perron l. 1. 7. cap. 11. and obliâ—ing him there-after to depend upon him This Anselm did so behaâ—ing himself ever after as holding his Arch-bishoprick by the Popes Ordination not by the King's Concession The King being herewith incensed Prohibited Anselm to enter inâ—o his Kingdom confiscated the Lands and Estate of the Arcbishoâ—rick and by an express Edict declared That the Bishops held their â—laces and Estates meerly from him and were not subject unto the Pope for the same And that he had the same rights in his Kingdom â—s the Emperour had in the Empire At length it was determined â—hat all the Abbots and Bishops of England should be called togeâ—her to judge of this Controversie Bp. Godwins Catal. of Bps. They met at Rockingham-Caâ—tle and the Matter being proposed by the King for fear or â—lattery saith Bishop Godwin they all assented unto him and â—orsook their Archbishop All the Bishops of England subscribed except only Gondulphus Bishop of Rochester By the Intervention of Friends Anselm made his Peace but afâ—er his return from Rome holding a strict league with the Pope â—e began again soon after to disswade the Clergy from receiving â—nvestitures from the King wherefore he was constrained to fly the second time out of the Kingdom and his Estate was again seized upon and conficated to which he was restored at his return He came then to Pope Vrban who received him honourably as a Confessor suffering for the Cause of Christ The year after Vrban kept a Council at Clermont in Avergne whereby he granted full Pardon of Sins to all that should contribute to the expedition into the Holy Land c. In the same Council he decreed that thence-forth it should not be lawful for any Prelate or Ecclesiastical Man to receive the Investiture or Collation of a Benefice or Church-dignity from the hand of any Lay Person But the Princes derided these Decrees and retained the Possession or these Investitures In the year 1099 King William and Pope Vrban died Henry the First succeeded William who sought to be reconciled with Anselm and called him home again But Anselm being obliged by an Oath to the Pope prevailed with the King that a Council should be gathered at London where he declared the Order he had from the Pope That no Lay Man should have the Power to confer any Investiture and began to degrade the Bishops promoted by the Kings Nomination refusing to consecrate some Bishops named by the King King Henry being highly displeased banished him out of England presently and confiscated his Goods Whilst these things passed in England Pope Paschal prosecuted the Quarrel of his Predecessors against the Emperor Henry IV. He caused the Emperors own Son to rebel against his Father who soon after dying with Grief was so forsaken that Pope Paschal would not suffer him to be buried for his Carcass lay five years at Spire rotting without any Christian Burial The new Emperor Henry V past presently into Italy after the Death of his Father where the Pope hoping to be recompensed for helping him in his Conspiracy against his Father found himself deceived for when he press'd him to renounce the Rights of Investitures which his Ancestors as