that in it the Pope began to authorize Perjury and to dispense from Oaths See the 6th Question of the 15th Cause of the Decree which is full of such Examples But leaving this let us return to the Matter in hand how Thomas Becket was discharged of his Oath it hath been shewn before and the Examples be many of Subjects that have sought and obtained like Liberty at the Popes hands in matter of their Allegiance and Duty promised by Oath King John had taken an Oath to observe the Laws of King Henry the First of Edward the Confessor and the great Charter of Liberties but he violated this Oath and was absolved from it soon after by the Pope And we find that Pope Vrban the Fourth absolved King Henry the Third from his Oath made to his Subjects for the observation of certain Articles Mat. Paris fol. 1322. called The Provisions of Oxford whereâ—o he had condescended after long trouble for the peace and quiet of his People Pope Clement the V also did the like to King Edward the First touching his Oath which he had made to the Barons of this Realm Thomas Waisingham f. 61. SECT 11. 11. Princes Wars examined by the Pope c. Sicut extra in Jurejurando The Pope taketh upon him Authority to Examine Princes Titles and the Causes of their Wars and to compound their Controversies at his pleasure compelling them to abide his Order upon pain of Excommunication Interdiction c. A matter very dangerous considering the Corruption of Just ce in that See whereof there be so many Examples in Histories as would fill a large Treatise and that the Pope can hardly be indifferent his Affairs and State being such as they are for the most part linked with the one part or the other The claim of this Authorlty appeareth in c. Tram. Extra de ordine Cognition David Prince of North Wales having Wars with King Henry III committed himself his People and his Land into the hands of the Pope promising to hold his Right of him and to pay Five hundred Marks by the year Several Charters were made to the King by the Prince and Nobles of North Wales ratified by their Oaths and voluntary Submissions to Ecclesiastical Censures of Excommunication and Interdict by the Bishops therein nominated in case of Violation Matth. Paris p. 606 607. Mat. Westm p. 180 181 182. And the manner of his Oath is set down by Matth. Paris Et ad omnia firmiter tenenda Ego David juravi super crucem sanctam quam coram me feci deportari And firmly to hold all these things I David have sworn upon the Holy Cross which I have caused to be carried before me And the Reverend Father Howel Bishop of St. Asaph at my request saith David hath firmly promised in his Order that he will do all these things aforesaid and procure them to be observed by all the means that he can And Ednevet Wagan at my Command sware the same thing upon the Cross aforesaid But the Pope layeth hold of the Cause the Controversie being committed by him unto two of his Clergy Matth. Paris fol. 880 881. The King was called before them to answer David's complaint which the King seeing how small likelihood there was of Indifferency refused to do King Edward the First having war with Scotland and being far entred into the Land was by Commandement of the Pope enjoyned to leave off his wars against that Realm upon pretence that Scotland and the people thereof were by his special exemption discharged from all Authority of other Princes and appertained to his See Thomas Walsingham addeth That the King refusing thus to be ordered was moved thereto again by the Pope and commanded to receive Order by way of Justice in his Court The King having received Pope Boniface's Letters assembleth a Parliament at Lincoln by whose advice he addresseth Letters Responsal to the Pope And the Lords Temporal in the name of the whole Parliament answered the Pope That the King of England ought by no means to answer in judgement in any Case nor should bring his Rights into doubt nor ought to send any Proctors or Messengers to the Pope c. And that they will not suffer their Lord the King to do or by any means to attempt the premisses being so unaccustomed and not heard of before Dated at Lincoln in the year 1301 in the 28th year of the Reign of King Edward the First Walsingham fol. 41. But the same King in time of war with the French King was required on the behalf of Pope Boniface VIII by his Legat to put their whole quarrel to be by way of Arbitrament decided by the Pope And further he was enjoyned upon pain of Excommunication to take truce with the French King for two years whereto he gave place saith Thomas Walsingham SECT 12. 12. Another Grievance was Subjects departure out of the Realm against the Kings will The departure of Prelats and other of â—he Clergy forth of the Realm and leaving the service thereof against â—he 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 Matth. Paris fol. 29. Ad Visitandum Limina Apostolorum To visit the Thresholds of the Apostles It may be he pretended his Oath for at that time Bishops used to bind themselves by Oath that once every year they should visit the See of Rome except they be otherwise dispensed withal which Oath by the Canon Law is now taken by every Popish Bishop Ego N Episcopus N. ab hac hora in antea fidelis obediens ero beato Peâ—ro sanctaeque Apostolicae Romà nae Ecclesiae ac Domino nostro S. P. suisque Successoribus canonice intrantibus Non ero in consilio aut consensu vel facto ut vitam perdant aut membrum seu capiantur mala captione c. Others again have been called forth of the Realm to the Pope's service as Peter Bishop of Winchester in the time of King Henry the Third was called to Rome by the Pope pretending that he would imâ—loy him in compounding certain differences which were betwixt him and the Inhabitants of Rome and betwixt him and the Grecians But truly as Matthew Paris noteth the Pope knew him to be a very rich Bishop and therefore sent for him to Rome to assist him Matth. Paris fol. 549. not only with his Advice in his Military Affairs but also with his Purse against the Romans and Grecians And the Pope having made as much of him as he could for those ends importuned the King for his return into England which the King assenting to wrote thus to the Pope and Bishop Domino Papae Rex Claus 15 H 3. Part. 2. memb 2. intus
in divers Churches thorowout the whole year 7. Moreover Every Friday of the Moneth of March and in the days of the Invention and Exaltation of the Cross saying over the Corona or Beads or the Office of the Cross and upon Good-Friday the Seven Psalms with the Litanies being confessed or having purposed to be confest as soon as they may shall obtain therefore all the Indulgences of the Holy Sepulchre at Jerusalem of St. Cross in Rome of the Holy Chappel in Paris and all the places where any Râ—lictâ— be of our Saviour Christ's Passion 8. Item Upon All-souls day saying over the Beads with Contrition and being present at the Service said for the Departed out of thiâ— Life or at the least hearing a Mass or saying over or causing one to be said shall deliver one soul out of the Pains of Purgatory Every Monday also he that saith over his Beads or Dirige for the Departed out of this Life shall obtain the same Indulgenceâ— which be obtained in Rome for Visiting Holy places for that purpose 9. Item Every Sunday and Friday saying over the Beads for â—he increase of all Orders of Religion of Cathedral Churches Cural and others namely Tramontaines they shall be partakers of all the Prayers and Sacrifices of the same as though they were corporally present with them praying also for the Indans and parts without Europe they shall be partakers of their well-doing which travel in those Countreys in the Vineyard of God 10. Item It is granted That for once or twice an Unhallowed Grain or Bead may be put in the place of an Hallowed Bead or Grain if it be lost or broken and have the same Indulgences The Conclusion is in this manner Laus Deo Virginique Matri Praise be to God and the Virgin-Mother 16. Hereto may be added the Special Pardons and Bulls given to special Places of Pilgrimage and the advancing of new found Miracles and Pilgrimages with new granted Bulls and Pardons There is no Church of note among them no notorious Image to which Men go on Pilgrimage no Author of any new Sect scarce any Reâ—igious House which is not famous by one or more pretended Miracles If a man will trouble himself to read the Lives of their Saints their Legends and Books of the like nature he shall tire out himself with the Reports of Miracles far more strange than we can read of any in the Scripture Bellarmine glorieth in the daily Tydings of Miracles wrought by the Jesuits which are brought to Rome Large Narrations are of the Miracles of Navierius a famous Jesuite of our Lady of Mountaign of our Lady of Hall in the Low Countries and of many other such Idols Almost a mans life were too little to read over all of this kind and now more multiplied than ever heretofore And we may suspect their Miracles when divers of their own Authors have called in question the truth of them Lyranus saith That people are much deceived by Miracles made by Priests and their Fellows for worldly gain Alexander Hales a great Schoolman saith That they make sometime Flesh to appear in the Sacrament partly Humana procuratione interdum operatione Diabolica by humane procurement and sometimes by the working of the Devil And Claudius Espencaeus sometime Bishop of Paris saith No stable is so full of dung as their Legends are of Fables in this kind And Canus in hiâ— Common Places saith That in the Legend a man shall read Monsâ—â—â— Miraculorum Thus I say The words of divers eminent Men of their own side do make us suspect their Miracles to be but Tales Many of the things themselves in common conceiving are ridiculous as that old Tale of St. Dionysius that carried his Head in his hand after it was strucken off Of Clement the First that when he was cast into the Sea with a Milstone about his Neck the Sea fled three miles from the Shore and there was found a little Chappel ready built in the Sea where his Body was Bestowed I have also read of another who stuck his Staff down by him at the Bank-side which kept the River from over-flowing the Banks and soon after it sprang up and spread it self into a mighty Tree There are a world of such Tales enough to weary any one to recite them And yet even such as these had Bulls and Indulgences granted to them 17. The special Jurisdictions and Exemptions that one Bishop and Abbot procured above another 18. Their providing that no Condemned Clerk might be Executed SECT 23. In this state as hath been expressed this Realm stood for the most part by the space of 300 years after the Conquest The times that followed were somewhat freed from certain degrees of the Popes Tyranny by reason that the Kings of this Realm armed themselves with Laws made in defence of some of their ancient Liberties and Executed others with better Courage than their Predecessors But I doubt if God for our sins should cast us again under his Yoke none of those Laws would save us from the extreamest of all those mischiefs which I have here set down My Reasons are 1. The Popes are no Changelings but were the same after those Statutes and are the same men that they were before and to put us out of doubt made continual claim to their Usurped Authority in the time of the later Princes For in the Reign of King Henry V. Pope Martin the Fifth sent to levy a Subsidy upon the Clergy of this Land for maintenance of his Wars against the Bohemians And he made Henry Beaufort the rich Cardinal of Winchester his Legat for these Wars who did valiantly there for certain moneths together assisted with the foresaid Subsidy until he was re-called by the Pope And two other Subsidies were afterwards required to persecute two private persons of this Realm viz. Peter Clerk Fox Acts and Monuments and William Rusâ— In the time of King Henry VI. the Cardinal of Winchester notwithâ—â—â—nding the Statute against Provision procured the Popes Bull to â—â—e again his Bishoprick of Winchester which he had lost by his Carâ—alship and after obtained a Pardon from the Pope against the peâ—ty of the Statute And in the same Prince's Reign Lewes Archbishop of Roan after 〈◊〉 death of the Bishop of Ely had all the Fruits and Revenues of â—t Bishoprick granted unto him during life but was therein reâ—ed by the King Other Examples there be of like sort 2. In the last Council of Trent Concil Trident. Sess 5. c. 18â— there is a special Constitution for â—estitution of all Ecclesiastical Liberties and therein the Emperour 〈◊〉 Kings Princes and States are commanded that they see them â—otected The Title of Ecclesiastical Liberties reacheth to every of the â—ints before touched and therefore we may conjecture what 〈◊〉 are to look for 3. The Pope yearly publisheth one Excommunication which is â—led Bulla de Coena wherein by Name are comprised all that â—any let to such as would prosecute any Suit at Rome or that â—fer not the Popes Bulls Commissions and other Processes â—atsoever to be executed And all that execute any Statutes Degative to the Liberties of Rome be the custom to the contrary â—ver so ancient and such as impose Tenths Subsidies upon the â—ergy or receive them at their hands with good consent exâ—ot the Pope allow thereof and those also which force any Ecâ—â—siastical Person to answer before them in Criminal Causes beâ—â—g Lay-Judges c. So saith Martinus ab Azpil in Enchyridion 〈◊〉 27. Which Book was made by the special Commandement of â—ope Gregory XIII The warning given us by Bulls published in â—een Elizabeths Reign assureth us that if he may have place â—ain he meaneth not to dally with us 4. Some of our unnatural Countrey-men in some desperate Books 〈◊〉 theirs long since cast abroad against the Execution of Justice â—â—ve not spared to tell us that the Laws made in Catholick â—â—es viz. the Statute of Praemunire and some other were bad â—â—ws and not to be allowed And again there were found â—on some which came in Queen Elizabeths time to disturb the â—ace of this Realm small Pamphlets containing Directions as â—â—ey would have them taken for Mens Consciences wherein they â—â—livered many things to trouble those persons whose Consciences were possibly in those Points stayed in confidence of the 〈◊〉 Laws of this Realm and upon some Grants made by the 〈◊〉 himself 5. The Pope hath challenged a Soveraignty over this Realm bestow it where he listeth as feudary unto himself having foâ—merly received a Tribute viz. The Peter-pence which was 〈◊〉 times of Popery of every House a penny Whereby Bâ—diu in 〈◊〉 Book de Republica argueth that the Realm of England is not Soveraign Estate not to speak of the yearly Tribute paid unto thâ— Pope by King John and some other Princes his Successors Thâ— may serve the Pope for a mean to bridle all the Old Statutes anâ— the Liberties of our Countrey and to spoil the Prince of all 〈◊〉 Prerogatives We know how he dealt with Sicily and Naplâ—â— long agone wherein it were an hard matter for the proudest 〈◊〉 his side to justifie his Title And that he hath put out and put 〈◊〉 Kings at his will and sometime offered their Kingdoms to salâ— And from King Henry the Third by the shadow of a bare Title the Pope got infinite sums of Money to the great exhausting 〈◊〉 his Treasure and impoverishing of the Realm When Stukeley and Fitz-moris were at Rome they and the Poâ— practiced to give this Realm in Prey as he did the Kingdom 〈◊〉 Navarre and the Empire from the Emperor Frederick and also 〈◊〉 get an Investiture of the Realm of Ireland from the Pope as of Soveraign but they could not agree upon whom the Pope shouâ—â— bestow that Realm FINIS
Englands Grievances In TIMES of POPERY Drawn out of the Canon Law Decretal Epistles and Histories of those Times WITH REASONS why all Sober PROTESTANTS May Expect no better Dealing from the Roman-Catholicks Should GOD for their Sins suffer them to fall under the Popes Tyranny AGAIN Collected for the Information and Satisfaction of the English Nation at this Time LONDON Printed for Joseph Collyer and Stephen Foster and are to be sold at the Angel on London-Bridge a little below the Gate 1679. To his much Honoured Friends RICHARD DUKE of OTTERTON High-Sheriff of the County of DEVON AND TO CLEMENT HERNE of HAVERINGLAND In the County of NORFOLK ESQUIRES The AUTHOR Dedicateth this Insuing Treatise Intituled England's Grievances in Times of Popery ENGLAND'S Grievances in Times of POPERY SECTION 1. IT appeareth as well by the Pope's Laws delivered in Decretal Epistles which were particularly and upon sundry occasions directed to the Bishops and other Clergy-men of this Realm of England in Popish times as also by the report of our English Histories that at such time as the Bishop of Rome had his full sway in this Realm the Authority of the King was so obscured as there was hardly left any shew of his Sword and Dignity And on the other side the Subjects destitute of succour by their Natural Prince and left to a most miserable spoil and rapine of the Pope and of such as it pleased him to give them in prey whereof these special Grievances here collected may serve for testimony besides a number of others which come not to my memory but may be easily supplied by any indifferent mans careful Reading GRIEVANCES 1. The first Grievance was The Exemption of the Clergy Exemption of the Clergy who being a considerable part of the Realm by reason that great numbers as well looking to Preferments that then were bestowed upon that State as also drawn by Priviledges and Immunities which they infinitely enjoyed above others sought to be of that number were wholly exempt or at least so took themselves to be from all Jurisdiction of the King and his Justices not in Ecclesiastical Causes only as then they were termed but even in Causes Civil and in Matters of Crime though the same touched the Prince and his Danger in the highest degree The Popes Laws to this purpose are to be seen in C. Clerici extr de Judiciis C. seculares de foro competenti in 6o. and a special Constitution Provincial of this Realm made by Boniface Archbishop of Canterbury in the time of King Henry the Third in the Council of Westminster or Lambeth Anno 1270 or 1272. vid. Prynne's Exact History of Pope's Intollerable Usurpations upon the Liberties of the King and Subjects of England and Ireland Vol. 2. lib. 4. c. 3. Johan de Aton Constitut. Guil. Lindwood Touching the Practice it is recorded in the Decretals that Pope Alexander III. in the time of the Reign of King Stephen wrote to the Bishop of London to take Order by his Jurisdiction in a Civil Controversie of Goods left in the Custody of a Clerk c. 1. de Deposito Likewise it doth there appear that in the time of King Henry II. Pope Lucius III. wrote to the Bishops of Ely and Norwich to compel a Clerk to save his Sureties harmless And to like purpose he wrote in another Case to the Archbishop of Canterbury King Henry III. pretending Title by his Prerogative or by the Common Law to certain Lands which the Archbishop of Canterbury claimed to be parcel of the possessions of his Church was compelled to answer the Bishop in that Cause in the Court of Rome Mat. Paris fol. 494. Adam Tarlton or d'Orlton Bishop of Hereford in a Parliament â—olden at London in the year 1324 was accused of Treason against King Edward II. as having aided the Mortimers with Men and Money against that King Being brought before the King and claiming his Priviledge to be judged by the Pope he was forthwith rescued by the rest of the Clergy After a few dayes the King caused him to be brought before him and when he should have been arraigned a thing till that time never heard of that a Bishop should be arraigned the boldness of the three Archbishops of Canterbury York and Dublin was very strange for they with ten other Bishops with their Crosses erected came to the Bar before the Kings Justices and took him from thence into their own Custody In his absence he was attainted with High Treason notwithstanding and his Temporalties were seized into the King's hand until such time as the King much by his device and machination was deposed of his Kingdom But though the King took away his goods yet he was not suffered to meddle with his Body Tho. Walsingham Hist Angl. p. 98 99. SECT 2. Restrainâ— of making Laws â—or Poliâ—y 2. Whatsoever Laws the King in his Parliament made which in any sort impeached the Priviledge or Liberty of the Clergy or touched their Lands or Goods were for that time holden by the Pope and his Clergy void and of no force And it helped not the King how just cause soever he pretended of any right appertaining to his Ancestors For so are the Popes Laws in precise terms save that some of the later sort reserve to the King Laws touching Services and some other rights in Church lands c. qu. Ecclesiarum de Constâ—t c. Eccles Sanct. Alar c. Noverit c. Gravem de Sententia Excommunicationis And some Popes were so jealous over Princes in the Point that they refused to allow Laws by them made to the benefit of the Church As where Basil Lieutenant to Odoacer King of the Lombards provided by Law in favour of the Church that no Prescription should make his Title good who had bought ought of the Church the Pope misliking that a Lay-man should deal in those Causes disannulled the Law c. â—ene quidem Distinct 96. The pract ce of this injury is notable in the dealing of Thomas Archbishop of Canterbury with King Henry II. For whereas the King in his Parliament had made very reasonable Laws in maintainance of the Ancient Rights of the Crown against the licentious Liberties claimed by the Clergy Among which one was That Clerks in Causes of Felony and Murthâ—r should be tried by the Laws of the Realm for that it was shewed unto the Parliament that then an hundred Mâ—rthers had been committed by Church-men So Nuburgensis noteth lib. 2. cap. 16. not duly punished whereto the said Archbishop and the rest of the Prelats gave their consents and bound themselves to the observation of them by their Oaths the Archbishop afterwards grudging at these Laws departed the Realm obtained at the Pope's hand Absolution from his Oath and forced the King to answer for those Laws in the Court of Rome where the King finding no favour that Garboil insued which after fell out betwixt the King the Pope and the Archbishop and many Murthers committed upon Clerks by the
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
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 Lâ—ndewood 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 opposed in such manner as hath been related Prynn's Exact Hist vol. 2. yea totally neglected or seldome put in use in times of Popery by those which made them as Lyndewood himself acknowledgeth in hâ—s Epistle to Henry Archbishop of Canterbury before his Provâ—nciale SECT V. The Kings Prohibitions Contemned 5. The King's Prohibition disobeyed by the Popes Warrant is another Grievance complained of in those days For Pope Eugenius hath 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 Ecclesiastical 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 Ecclesiastical 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 Pryn's Hist of Popes Usurpations Vol. 2. p. 393 394 878 8â—9 or any other in cases of Certificates of 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 â—ejudical to the King or Kingdom Some Prohibitions were aâ—â—inst Bakers imprinting the sign of the Cross Agnus Dei or â—â—me of Jesus upon Sale-bread Some against Bishops and other â—â—eir Officers citing Lay Persons to make Inquisitions Presentâ—â—ents or give testimony upon Oath or excommunicating them â—â—r not taking Oaths in any case except in matters of Matrimony â—â—d Testament being against the Kings Prerogative Law or â—ustom of the Realm c. Against their holding Plea of any Chatâ—â—ls or Goods which concerned not Marriage or Testament or 〈◊〉 Goods Testamentary for which there is Suit in the Kings Exâ—â—equer Against their Citing Excommunicating or Interdicting â—â—â—y of the Kings Barons Bailiffs Judges Officers Sheriffs for â—xecuting the Kings Writs or Misdemeanours in the execution of â—â—eir Offices or any of his Tenants in Capite or of his Demesne â—ands Cities Castles without his special License or Lieutenants c. Against Archbishops Bishops Convents or others presenting to â—ivings or Prebends belonging to the King during Vacations Against disturbing the Possessions of the Kings Clerks presented â—y him to Benefices or Prebends or Judgments in his Courts by â—ny process out of Ecclesiastical Courts or from the Pope or his â—eligates Against Suits in Ecclesiastical Courts Pro laesione fidei â—r breach of Oaths in civil Contracts Against suing there for Lands â—evised by Custom or Actions of Debt devised by the Testator Against Ordinaries malicious Excommunications or Arresting or â—â—prisoning Persons unjustly Excommunicated by them or for â—inging Prohibitions to prevent them Against the bringing of any â—ulls Letters from or sending any Letters to the Pope or Court of â—ome prejudicial to the King or Realm Against citing or drawing â—ny of the Kings Subjects for any Suits to Rome or out of the Realm â—y the Pope his Delegates or others Against collecting any Aid â—isme or Money for the Pope or others by the Popes Authority â—ithout the Kings special Licence and Consent by Popes Nuncioes â—egats Bishops or any others Against Popes Provisions to Beâ—ifices Prebendaries c. belonging to the Kings Presentation 〈◊〉 right of his Crown or by his Prerogative in Vacant Bishopricks â—onasteries Wardships or to his free Chappels or Churches imâ—ropriated Against Clerks and others going to Rome without â—aking a special Oath to procure nothing to the Kings or Kingdoms â—amage Against Popes Legates or Agents coming into the Realm â—nless 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 fignati 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 Monasteries 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 Agasnst Womens Marriages who held Castles or Lands in Capite without the Kings Licence SECT 6. Restraint of the Common Law 6. Another Grievance was That the King was forbidden in 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 Usurpation against Common Law and to appertain to the Crown were drawn to the Ecclesiastical 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 not permitted to use the Common Law in some Cases of Lay Persons the King was restrained from the use of the Common 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
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
fell â—oid within their Diocesses on these Aliens A dangerous Usurpaâ—ion on the Kings Prerogative the Churches Priviledges and the Patrons Rights The next year the King issued Writs to the Archbishops and Bishops of sundry Diocesses by way of Opposition â—o inquire how many Aliens were promoted to Benefices or Prependaries with their Values and Names In that injurious course of conferring Benefices upon Italians the Archbishop of York withstood the Pope and was constrained to leave the Realm Pope Gregory fore-mentioned in the same Kings Reign Mat. Paris fol. 735. wrote to the Abbot of Bury to bestow upon him a Benefice of the yearly value of One hundred Marks but so as they the Abbot and his Convent should farm the Benefice at his hands and pay him yearly 200 marks rent The same Author writeth of another Benefice Ibid fol. 815. and of the Treasureship of Sarum bestowed upon Innocent his little Nephew by one Martin at that time the Popes Legat in this Realm This Man was sent into England by Pope Innocent IV. to extort Moneys â—e was armed with Bulls to excommunicate to suspend and by manifold ways to punish all as well Bishops Abbots as others who opposed his Rapines and Extortions Provisions of Benefices Rents to the use of the Popes Clerks and Kinsmen He extorted Gifts Garments Palfreys from them suspending those who refused though upon reasonable Excuses till satisfaction He twice summoned the English Bishops and Clergy for a Contribution to the Pope and their Mother the Church of Rome against the Emperor The King sent a Prohibition to them not to give him any aid under pain of forfeiting their Baronies He suspended all to present to Benefices of ten Marks value or upward till his and the Popes Covetousness was satisfied The King sent memorable Prohibitions to him against his intollerable Provisions and Rapines who persevereth therein with a stony heart notwithstanding The Cinque-ports were guarded to interrupt the Popes Bulls and Provisions sent unto him His Messenger was imprisoned in Dover-castle but released upon his Complaint to the King The King by advice of his Nobles sent Prohibitions to all the Bishops in England and Chief Justice in Ireland not to suffer him or any other Nuncio to collect any Moneys for the Pope or confer any Benefices without his Privity or Consent The Nobles sent a Message to him in behalf of the whole Kingdom to depart the Realm within three days else they would hew him and all his in pieces And when he demanded the Kings Protection against the fury of the Nobles Mat. Paris p. 640. the King wished the Devil to take him whereupon he departed the Realm in a terrible Pannick fear The Abbot of Abingdon refusing to bestow upon a Roman the Benefice of St. Helens in Abingdon which was esteemed at the value of an hundred Marks and belonged to the Monastery of Abingdon because the King had demanded it for his Brother Idem fol. 1002. was cited to appear personally at Rome and could not obtain his Release until he had assured to the Pope a yearly Annuity of Fifty Marks to be paid out of his Monastery Pope John XXII bestowed the Bishoprick of Winchester upon his Chaplain Rigandus in the time of King Edward the Second having before made reservation thereof Tho. Walsingham fol. 90. and giving special charge that no Election should take place though approved by the King We find in the Canon Law that in the time of King Richard the First though from the Records of the Tower we understand in the Reign of King John that Pope Innocent contriving how to usher in his Provisions into England by degrees without any observation imployed the Archbishop of Ragusa whom he discharged from that Church because he could not live quietly there to move King John to bestow a Bishoprick and other Benefices upon him in England to relieve his Necessities and support his Dignity whereupon the King out of his Royal Bounty bestowed the Bishoprick of Carlile the Archbishop of York and the Church of Melbourn upon him Of these Wrongs the People of this Land made often Complaints but could find no Redress The Usurpations of the Popes Legats and Agents by Exactions Provisions Disposing Churches to Aliens and other Innovations became so intollerably Oppressive to all sorts of People in England that by several Letters of Complan it dispersed against them in the year 1231 1232 there was stirred up a general Commotion and Opposition against them throughout England for finding that most of the Ecclesiastical Livings of this Realm to be in the hands of Strangers they were so offended that they set fire on their Barns in all parts of the Realm The Pope on the other side stormeth with the King and commandeth the Bishops of the Realm to excommunicate the Authors of that injury and withal to send them personally to Rome to receive their Absolution at his hand Speed in his History relateth Speeds Chronic. In the Reign of King Henry III. that it was alledged by these Reformers that they had under-hand the Kings Letters Patents the Lord Chief Justices Assent the Countenance of the Bishop of London and the Sheriffs aid in divers Shires whereby the Armed Troops took heart every where violently to seize on the Romans Corn and their other Wealth which Booâ—ies they imployed to good purposes and for relief of the poor Roger de Wend. M. S. the Romans the mean while hiding their Heads for fear of losing them In the time of King Edward the Third Pope Clement granted to â—wo Cardinals at one time Provisions of so many Spiritual Livings as would amount to the yearly value of Two thousand Marks Hereof the King complained to the Pope Tho. Walsingham Hist in Edw. III. alledging that the Rights of Patronages were disturbed the Treasure of his Realm spent upon Aliens in Foreign parts and that the Students his Subjects were thereby discouraged Which Reasons are delivered in a Statute by him made for restraint of Provisions from Rome SECT 15. 15. The Pope claimeth to have one proper Authority Plenitudo Potestatis in Beneficialibus which he calleth Plenitudo Potestatis in Beneficialibus and is an infinite and unbridled Licence to do in Matters of Church-livings what himself â—isteth By force whereof he taketh from any Prelate or Beneficedman his Bishoprick or Benefice at his pleasure without yielding any Cause or Reason thereof He hath used to bestow Bishopricks of this Realm at his pleasure and when any of the Bishops died then the Pope claimed a Priviâ—edge to have the Gift of them as Decedentes in Curia Romana and so kept them many years as Decedentes in Curia for they never came into England to die here as Salisbury and Worcester which were claimed by that Title in Queen Maries time Again the Pope might dissolve Ecclesiastical Dignities and Benefices at will and turn them into what shape it best liked him Moreover he might
unite appropriate divide such Livings and do many strange things else about them no cause appearing to any man but his own will The Popes Legates also procured of the Kings of England Stipends and Provisions of good value out of Ecclesiastical Benefices and other Dignities Rustand the Popes Legate being in Favour with King Henry the Third procured from him besides the Livings he obtained by the Popes Provisions a Grant of Provisions out of the Ecclesiastical Benefices Dignities and Prependaries which should first happen in his own Gift amounting to 300 Marks by the year to be preferred before all others formerly granted by him one only excepted SECT 16. Souldiers mustered and sent out of the Realm 16. Soulders have been Mustered and sent to Foreign Wars out of the Realm upon the Popes Commandment which Case hapned in the time of King Richard the Second the Pope gathering within this Realm a Band of Souldiers for the Wars of the Holy Land and appointing them for their Captain the Bishop of Norwich The Realm generally misliked that their Souldiers should be committed to the Guidance of an Ecclesiastical Person unacquainted with the Wars and therefore resisted for awhile but at length suddenly yielded upon a superstitious Conceit taken in their Heads The Croisado's for the Relief of the Holy Land was a Papal Cheat for Popes and others to pick simple Christians Purses for Popes Designs to maintain Wars against Christian Emperors and Princes the Greek Church and the Albigenses detesting and opposing Papal Usurpations and Corruptions to inthral depose and murder them So great was Pope Innocent's Animosity against the Emperor Frederick that when Forces of the Croisado came out of France or England or other parts to sail into Syria to defend Jerusalem and the Holy Sepulchre against the Saracens he stopt them and gave them the same Graces and Indulgences as if they had performed the Journey into the Holy Land upon Condition that they should turn their Armes against Frederick whose Power lay upon him because he stiffly maintained the Rights of the Empire The Pope proceeded so far as to give the Empire to Robert Brother of Lewis IX King of France upon condition that he should conquer it But Robert sent his Present back to the Pope both because he sent him no Money to furnish him for that Conquest and because he found it very strange that the Pope would give that which was none of his Also because he shewed himself an Enemy to a great and vertuous Prince who had done and suffered so much bravely fighting for the Cause of the Christians against the Infidels Then he added That the Popes are lavish of the Blood of others and that their end is to tread all the Princes of the world under their feet and to put on the Horns of Pride Mean-while persecution grew sore against those whom they called Vaudeois and Albigenses against whom the Pope caused the Croâ—sado to be preached and an infinite number of them to be massacred Pope Gregory IX who compiled the Decretals needing Money for his War against the Emperor Frederick sent a Legat into Engâ—and named Stephen who exacted a tenth part of all their moveâ—ble Goods that is of all their Flocks Rents Fruits Wares Offerings and Gifts to the Church And the said Legat had power â—o Excomunicate all that should refuse to pay and to put the Churches in Interdict He injoyned the Prelates upon pain of Exâ—ommunication to make that Collection speedily and without â—elay All that should cross that Holy Work he Excommunicated â—pso facto He would be paid in new Coin and of good Weight He took the Tithe even of the Corn in the first Blade that is of â—he Crop of the year after In these Exactions he was so urgent and griping that the Parishes were forced to engage the Chalices and Church-Plate to satisfie his Covetousness And he had certain Usurers with him who lent Money upon double use to those who had no ready Money This caused a great Clamour and Lamentation over all the Countrey but without effect The Money was imployed by the Pope in inâ—ading many Towns belonging to the Emperor in Italy And the Emperor could not defend them because he was ingaged against â—he Saracens in the Levant where he took Jerusalem and put the Affairs of the Christians in a flourishing Estate And it is probable â—hat he had utterly destroyed the Saracens if the Injuries which he â—eceived from the Pope had not re-called him For the Emperor making a League for ten years with the Saracens and returning â—nexpectedly from the Holy Lâ—nd Mat. Paris p. 351 352. Matth Westm p. 128 129. interrupted the Popes proceedâ—ngs and soon recovered all his Castles so that the Pope was â—orced by meditation of Friends to stoop to the Emperor and make his Peace with him beyond all Expectation Scarce was the Collection ended made by Stephen the Legate when Pope Gregory inventing Extortions grounded upon fair Reaâ—ons sent Nuncios with power of Legats who by Sermons Exâ—ortations and Excommunications brought an infinite number of English Men to Mendicity and turned them out of their Houses This was done under a pretence of contributing to the expence of the Holy War of which himself hindered the success and yet he promised to them that should contribute Money for it the remission of â—ll their sins and to them that should go in Person an Augmentation of Glory yet the Pope never gave any part of the Money raised â—or that expedition to any Prince that paid Armies and sought â—or that Quarrel All was thrown into the Popes Coffers as into 〈◊〉 Gulph and by him imployed to make War against Frederick for he presently broke the Covenant sworn unto him The Treasure of the Realm spent in the Popes Wars Mat. Paris fol. 703 704. Moreover Wars made by the Pope were oftentimes supported at the Charges of Forreign Countreys the Pope bearing them in hand that they were the Wars of the Church and therefore did in common concern every of their States and Interests under which colour large Contributions have been drawn out of this Realm In the year 1240 the Pope forced all Aliens within this Realm to contribute to the Wars against Frederick the fifth part of the Revenues of their Spiritual Livings and in the same year took another fifth part of all Bishopricks to the same use The Pope ceased not thus but immediately commanded new Collections to be made still pretending his Wars with the Emperor against which Commandment the Clergy made divers Exceptions which are at large set down by Matth. Paris fol. 714. and 7â—5 Idem 1219. In the year 1255 Alexander IV. sent a Legate into the Realm who exacted the tenth part of all the Goods and Chatels in England Scotland and Ireland pretending the Church-wars against Manfred who had invaded the Kingdom of Naples which the Pope claimed to appertain to his See SECT 17. Sometimes again great sums were levyed