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 [Page 4] 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 [...]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.

Restrain [...] of making Laws [...]or Poli [...]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 Const [...]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. [...]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 Murth [...]r, should be tried by the Laws of the Realm (for that it was shewed unto the Parliament that then an hundred M [...]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; sav [...]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 Ki [...]gs of Eng­land, many before me; whereof some were peradventure of greater power than I, the most far less; and again, many Archbishops bef [...]re this man, holy and notable men. Look what Duty was ever performed by the great­est [Page 6] 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, e [...]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 Ho­v [...]den An­nal pars po­sterior p. [...]11, 817 Matth Pa­ris p. 146, 157, 194, Holmshed p. 1 [...], 163, 170, Godwin in h [...]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 [Page 7] Geoffery into his Court to answer all these Contempts; and [...]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 re­p [...]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 [Page 8] 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 L [...]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 h [...]s Epistle to Henry Archbishop of Canterbury, be­fore his Prov [...]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 [...]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, 8 [...]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 [Page 9] Convocations or Council, or acting and doing any thing in them, [...]ejudical to the King or Kingdom. Some Prohibitions were a­ [...]inst Bakers imprinting the sign of the Cross; Agnus Dei, or [...]me of Jesus, upon Sale-bread. Some against Bishops, and other [...]eir Officers, citing Lay Persons to make Inquisitions, Present­ [...]ents, or give testimony upon Oath, or excommunicating them [...]r not taking Oaths in any case, except in matters of Matrimony [...]d Testament, being against the Kings Prerogative, Law, or [...]ustom of the Realm, &c. Against their holding Plea of any Chat­ [...]ls or Goods, which concerned not Marriage or Testament; or [...] Goods Testamentary, for which there is Suit in the Kings Ex­ [...]equer. Against their Citing, Excommunicating, or Interdicting [...]y of the Kings Barons, Bailiffs, Judges, Officers, Sheriffs, for [...]xecuting the Kings Writs, or Misdemeanours in the execution of [...]eir Offices; or any of his Tenants in Capite, or of his Demesne [...]ands, Cities, Castles, without his special License, or Lieutenants, &c. Against Archbishops, Bishops, Convents, or others, presenting to [...]ivings, or Prebends belonging to the King, during Vacations. Against disturbing the Possessions of the Kings Clerks, presented [...]y him to Benefices, or Prebends; or Judgments in his Courts by [...]ny process out of Ecclesiastical Courts; or from the Pope or his [...]eligates. Against Suits in Ecclesiastical Courts, Pro laesione fidei, [...]r breach of Oaths in civil Contracts. Against suing there for Lands [...]evised by Custom, or Actions of Debt devised by the Testator. Against Ordinaries, malicious Excommunications, or Arresting, or [...]prisoning Persons unjustly Excommunicated by them, or for [...]inging Prohibitions to prevent them. Against the bringing of any [...]ulls, Letters from, or sending any Letters to the Pope or Court of [...]ome, prejudicial to the King or Realm. Against citing, or drawing [...]ny of the Kings Subjects for any Suits to Rome, or out of the Realm, [...]y the Pope, his Delegates, or others. Against collecting any Aid, [...]isme, or Money for the Pope or others, by the Popes Authority, [...]ithout the Kings special Licence and Consent, by Popes Nuncioes, [...]egats, Bishops, or any others. Against Popes Provisions to Be­ [...]ifices, Prebendaries, &c. belonging to the Kings Presentation [...] right of his Crown; or by his Prerogative in Vacant Bishopricks, [...]onasteries, Wardships; or to his free Chappels, or Churches im­ [...]ropriated. Against Clerks and others going to Rome, without [...]aking a special Oath to procure nothing to the Kings or Kingdoms [...]amage. Against Popes Legates or Agents, coming into the Realm, [...]nless sent for; and taking an Oath to do or bring nothing to the [Page 10] 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 Ecclesiastical Judge hath determined any Cause according to the Canon Law, if the same Matter be brought befo [...]e a Temporal Judge, he must al [...]ow the Judgment of the Spiri­tual Judge, that it be pleaded before him; cap. ult Extra de 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,Civil Wrongs made Causes Ec­clesiastical. to main­ [...]in Ecclesiastical Liberties, some Wrongs offered to Church Men [...] their Lands and Possessions, which otherwise were to be tried [...]y the Laws of the Land, are by them drawn to their Courts, as [...]here Entries be made by Lay Men upon Church Lands.

Simon Mepham Archbishop of Canterbury, in a Constitution by him [...]nd the Clergy published in the year 1332, hath decreed, that e­ [...]ery one which invadeth the Possessions of an Ecclesiastical Person, [...]all be judged a Violator of Ecclesiastical Liberty, and for the same [...]xcommunicate.

SECT. 8.

8. Generally the Pope claimeth to be judge of his own Liberties,The Pope sole Judge of his own Priviledges [...]nd suffereth no Man to examine or determine of them but him­ [...]lf. c. Cum venissent extra de judiciis.

Whereas it is an old Maxime in all Laws, that Nemo in propria [...]usa potest esse Judex. That no Man can be judge in his own Cause especially if Judge and Witness too) yea Pope Gregory the First, [...]d a whole Council, denounced an Anathema against the Pope [...]mself, or any other, that should presume to be a Judge in his own [...]ause; Sive in rusticano, sive in urbano praedio: whence Bartholomeus [...]axiensis, Dr. John Thierry, and other Canonists, in their Glosses on [...]ratian, do resolve down-right that,Gratian Caus. 16. qu. 6. Alvar. Pe­lag. de Planctu Ec­cles. l. 1. Artic. 34, 35. Papa in sua causa Judex esse non [...]bet; That the Pope ought not to be Judge in his own Cause. Yet [...]lvarus Pelagius, affirms the contrary upon this strong Presumpti­ [...] and Supposition; Quod non debet aliquam causa a se remittere, im­ [...]o non potest (licet suspectus) quamdiu est Papa. Papa enim aut sanctus est, [...]t sanctus praesumitur: non enim praesumendum est, quod alias facit Papa [...]am Christus vel Petrus, cujus est Vicarius & Successor. That the Pope [...]ght not to remit any Cause from himself: yea, he may not (al­ [...]ough suspected) as long as he is Pope; for (saith he) either the [...]ope is Holy, or is presumed to be Holy: for it is not to be presumed [...]at a Pope can do otherwise than Christ, whose Vicar he is, or Peter, [...]hose Successor he is. But this is a Maxime frequently resolved in [...]aw Books, by all the Judges of this Realm, That none can be Judge [...] his own Case; who have farther adjudged, That if an Act of Par­ [...]ment make any Man Judge in his own Case, the very Act it self is void Law, being against the Law of Nature, which ought not to be violated; [...]d all Judgments given thereon are void.

SECT 9.

9. The Pope challengeth to himself Judgment of Oaths, how far [...]ey extend, and how they are to be taken, and giveth order for [Page 12] redress of the breach of them. Where therefore every Prince at his Coronation taketh an Oath for the good Government of his Realm,Princes cal­led in que­stion for their Go­vernment. he is compelled to answer to his own Subjects at the Court of Rome to every Quarrel and Pretence of his Misgovernment, as Matters falling within the Popes Authority, to examine and reform the breach of Oaths. So did Pope Honorius the Third, in a Cause of a King of Hungary, as appeareth in the Popes Decretals. c. Intellect. Extra de jure jurando.

One of their Canonists of great Reputation, and a Cardinal, writeth thus: Si a Proceribus accusetur Princeps apud Pontificem, & non satisfaciat, vel a Papa se poni potest vel a Proceribus voluntate Papae If a Prince be accused by his Nobles unto the Pope, and doth not give Satisfaction; either he may be laid aside by the Pope or by the Nobles, at the Popes pleasure. c. Alius. 15. q. 6.

SECT. 10.

Assurance betwixt the King and his Subj [...]cts disturbed.10. He taketh upon him also to assoil Men from keeping their Oaths▪ whereby do grow Disturbances, not only of Leagues betwixt one Prince and another, but also of that Assurance which a Prince hath of his own Subjects, and which sometimes the Subjects have of th [...] Prince, in Composition of Quarrels that do happen between them Bellarmine, in the Second Chapter of the Book against Barckley, saith Pontifex potest d spensare in votis & juramentis, quae Deus ipse jussit redd [...] & quorum solutio est de jure divino. The Pope can give Dispensations fro [...] Vows and Oaths, which God hath commanded to be fulfilled, and the keep­ing whereof is of Divine right. Bellarm. lib. 4. de Pontifice cap. 5. And you need not wonder at this, [...] you consider what he saith elsewhere. If the Pope did err (saith he) commanding Vices and prohibiting Vertues, the Church should be obliged t [...] believe, that Vices are good, and Vertues are evil, unless she should si [...] against Conscience.

In the year 882 Marin, or Martin, attained to the Papal Dignity of whom Platina saith, that he came to the Popedom by ill way▪ There was then one Formosus Bishop of Porto, who by the will of Pop [...] John IX, had been obliged by Oath never to receive Episcopacy though it were presented unto him: But that Marin delivered hi [...] from that Oath by a Dispensation, giving him leave to be forswo [...] with a good Conscience.

At that time the Counts of Tusculum had such a Power at Rom [...] that they made Popes such as they listed. Marin being dead, the promoted Adrian the Third to the Popedom, and after him Steph [...] the VII, to whom Formosus succeeded, who made no difficulty to r [...] ceive the Popedom against his Oath. This Formosus had but a sho [...] [Page 13] Reign, he had Boniface the VII for his Successor, whom Stephen the VIII succeeded, who unburied the Body of Formosus; and having arrayed him with his Priestly Robes, put him in full Synod upon the Popes Seat. Then having cut off his Fingers wherewith he gave the Blessing, he caused him to be dragged and cast into the River Tiber, declaring him a Perjured Man, and an Unlawful Pope. That Stephen for his Tyranies was taken by the Roman People and strangled in Prison.

To that Stephen, Romanus succeeded, and to him John the X; both which restored Formosus again to his good Name: For this John as­sembled a Council at Ravenna, where all the Acts of Formosus were made valid, and his Perjury approved. But Sergius that succeeded, abrogated all that, and again unburied the Body of Formosus, with a thousand Reproaches. It is a particular stain to that Age, 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 Ʋrban 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, where [...]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 [Page 15] 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 [...]he Clergy forth of the Realm, and leaving the service thereof against [...]he Kings will: Of which sort some voluntarily have gone upon co­ [...]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 Pe­ [...]ro, sanctaeque Apostolicae Romànae 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 im­ [...]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. &c significavit nobis sanctitas vestra per venerabi­lem Patrem A. Cov [...]ntrensem & Litchfeldensem Episcopum, & dilectum & fidelem nostrum P. Saracenum Civem Romanum, quod gratum habere­ [...]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 v [...]strae nos ro­gaverunt. Ad quod Sanctae Patern tati vestrae duximus respondendum. Quod cum idem Episcopus Regnum nostrum ultimo exivit gratis, & mo [...]u ductus proprio, potius quam nostram, vel alterius compulsionem: Et eti­amsi bene recolitis, ad preces vestras, nob [...]s specialiter inde directas sedem adi [...]t Apostolicam. Ʋnde si memoratus Episcopus voluntatem habuerit re­vertendi, [Page 16] & 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.

[...]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 Ʋrban the second, who at that time was Violently Prosecuting against the Emperour Henry IV, the [Page 17] Quarrel of Investiture, begun by his Predecessours Gregory VII.

This Ʋrban liking the Prudence and Dexterity of Anselm, gave ear [...]o his Counsel, and gave him the Archbishops Pall, thereby voiding [...]he Investiture which he had received from King William, Du Moulin contr. Card du Perron. l. 1. 7. cap. 11. and obli­ [...]ing him there-after to depend upon him. This Anselm did, so beha­ [...]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 in­ [...]o his Kingdom, confiscated the Lands and Estate of the Arcbisho­ [...]rick, and by an express Edict declared, That the Bishops held their [...]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, [...]s the Emperour had in the Empire. At length it was determined, [...]hat all the Abbots and Bishops of England should be called toge­ [...]her to judge of this Controversie.Bp. God­wins Catal. of Bps. They met at Rockingham-Ca­ [...]tle, and the Matter being proposed by the King, for fear or [...]lattery (saith Bishop Godwin) they all assented unto him, and [...]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 af­ [...]er his return from Rome, holding a strict league with the Pope, [...]e began again soon after to disswade the Clergy from receiving [...]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 Ʋrban, who received him honourably, as a Confessor, suffering for the Cause of Christ, The year af­ter Ʋrban 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 Ʋrban 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, [Page 18] 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 Sigebert saith) had enjoyed a­bove three hundred years, the Emperor grew very Angry, and laying hold of this Pope Paschal, committed him to close Prison. Neither would he release him, till he had renounced his claim to the Investitures and Collations of Benefices, saying to him in in scorn that which Jacob said to the Angel wrestling with him, I will not let thee go before thou hast given me thy Blessing.

Then Paschal, to redeem himself out of Captivity, granted to Henry, that both he and the Popes after him, should leave unto the Emperors the peaceable enjoying of the Investitures of Eccle­siastical Dignities, by the Ring and the Staff. Also that none should be Consecrated Bishop without an Investiture from the Emperor. The Pope and the Emperor reciprocally bound themselves by Oath upon the Host of the Mass, which they received together. But because that Oath was extorted, the Pope thought not himself obliged to keep it. So he brake that Agreement, and excommunicated Henry, and all Princes usurping Investitures.

This accident confirmed Henry the First, King of England, in a resolution to retain the Investitures of his Kingdom. And that Or­der was held in England for a long time. Only the Popes, that they might not be injurious to their pretences by a long Prescrip­tion, would send the Pall to some Prelats invested by the King, confirming that which they could not alter, and giving an Appro­bation which was not sought from them.

And further, as to Elections of Bishops, the great Troubles that were in the Reign of King John, grew upon no other occasion, than because the King refused Stephen Langton, whom the Pope [Page 19] would have thrust into the See of Canterbury, Mat. Paris fol. 299. notwithstanding that there had passed a former Election of another with the Kings as­sent; and that the King justly alledged, he might not trust Lang­ [...]on in his Realm, because he had a long time been on the part of his Enemies. The King menaced the Pope and his Creatures, seized the Temporalities of the Archbishop, banished him, his Pa [...]ents and Kindred, with the Monks of Canterbury as Traitors.

By his and the Prelats Treachery confederating with him, the Kingdom was interdicted, the King excommunicated, his Subjects absolved from their Allegiance; he and his deprived of the Crown, given to the French King; enforced to resign his Kingdom to the Pope, become his sworn Tributary, Vassal and Homager, to re­nounce the ancient Rights of his Crown, to receive Stephen and his Confederats to favour, to restore them to their Bishopricks, with the Profits and Damages sustained by their Exile, before the King could be absolved: The King is forced to humble himself before him, and swear to him, before he would absolve him. He instigates the Nobles against the King, threatens to excommuni­cate him, and revive the interdicts if he proceeded by Arms against them. He was very severe against the Clergy-men, who adhered faithfully to King John. He excites the Barons to take up Arms a­gainst the King for their Liberties; extorts the Great Charter from him, with new additional Clauses; wresteth a new Charter for the Election of Bishops and Abbots from him, and of the Patronage and Royalties of the Bishoprick of Rochester, as absolutely as the King enjoyed them.

To requite which, he surrendered the Castle and Ammunition of Rochester to the Barons. He refuseth to execute the Popes Excom­munication, though oft pressed to it by the Legat and others. He is aecused and suspended in the Council at Rome, for confederating with the Barons against the King. A just retaliation! At length his Suspension is token off, but he not to return into England till Peace made betwixt the King and his Barons.

Ralph N. v l, Bishop of Chichester, and Chancellour of England, being chosen Archbishop by the Monks of Canterbury, was approved by the King, and put in Possession of the Temporalties by and by. The Monks of Canterbury thereupon pressing the Pope to confirm his Election, Anno 123 [...], the Pope made diligent enquiry of Simon Langton (Brother to Stephen elected, but rejected by King John, and the Pope too at his request, to be Archbishop of York) con­cerning Ralphs Person and Disposition, Simon told the Pope, that [Page 20] he was an hot Fellow, Stout, Subtle, an old Courtier, and very gracious with the King, and therefore that he would make vari­ance betwixt him and the King, and cause him to deny the pay­ment of that Tribute granted unto him by King John: This was enough; so without any more ado he dissolved the Election, ne­ver alledging any matter of Exception against him, but willed the Monks to chose another.

Then the Monks chose one John their Sub-prior. He being called to Rome, and first charged with insufficiency, but sufficiently cleared thereof by the testimony of certain Cardinals, to whose Examination he was referred; he was yet in the end compelled to give over his right to that See. And after some other, several E­lections of Archbishops to that See, Mat. Paris fol. 502, & 515. made with the Kings Allow­ance, they were all one after another declared void by the Pope.

In the Reign of King Edward the Second, Anno 1313, after the Death of Robert Winchelsey, Archbishop of Canterbury, the Monks of Canterbury elected for his Successour, one Thomas Cobham, Dean of Salisbury and Prebend of York, a Man of such Vertue and Learning, that he was commonly called by the Name of the Good Clerk; but the Pope bestowed that place upon Walter Reynolds.

SECT. 14.

Patronages disturbed and Bene­fices be­stowed up­on Aliens.14. In other Promotions and Ecclesiastical Livings, the Popes u­surped a larger liberty of bestowing them at their will upon such as they made choice of, or upon themselves, without regard of any Mans right to present, or whether the Persons upon whom those Livings were bestowed, were the Natural Subjects of the Realm or not.

Whereupon ensued many Mischiefs, one was, that a great part of the Wealth of this Realm, was bestowed and spent in Forreign Parts. Another, that many Aliens flocking into the Realm, to occupy these Promotions; their presence here was dangerous to the State, and the King unfurnished of fit Persons being his Liege-Subjects, to imploy in necessary and secret Services of this Realm. Thirdly, That the Natural Subject was discouraged, and sought not to make himself fit for any place of Service, by diligence in Study, seeing that the Rewards of Learning were carried away by Strangers. Of these are many Examples in our Histories, and the wrong complained of from time to time.

In the Reign of King Henry the Third, Pope Gregory (before his Death) to carry on his Wars and Designs against the Emperor Frederick, and throw him out of the Empire, Anno 1240, in­tended by way of Provision, to confer all the Benefices in England, [Page 21] (especially of the Clergy and Religious Persons) on the Sons of Romans, and other Forreigners; sending his Bulls to three Bishops, [...]iz. to Edmond Archbishop of York, the Bishops of Lincoln and Sa­ [...]um, to confer no less than 300 of the next Benefices, that fell [...]oid within their Diocesses on these Aliens. A dangerous Usurpa­ [...]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) [...]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; [...]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 Cinque­ports 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 [Page 22] 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 [Page 23] 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 Boo­ [...]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 [...]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 [...]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 Privi­ [...]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, [Page 24] 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 Cro [...] ­sado to be preached, and an infinite number of them to be mas­sacred.

Pope Gregory IX. (who compiled the Decretals) needing Money [Page 25] for his War against the Emperor Frederick, sent a Legat into Eng­ [...]and, named Stephen, who exacted a tenth part of all their move­ [...]ble Goods (that is) of all their Flocks, Rents, Fruits, Wares, Offerings, and Gifts to the Church. And the said Legat had power [...]o Excomunicate all that should refuse to pay, and to put the Churches in Interdict. He injoyned the Prelates upon pain of Ex­ [...]ommunication, to make that Collection speedily, and without [...]elay. All that should cross that Holy Work, he Excommunicated [...]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 [...]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 in­ [...]ading many Towns belonging to the Emperor in Italy. And the Emperor could not defend them, because he was ingaged against [...]he Saracens in the Levant, where he took Jerusalem, and put the Affairs of the Christians in a flourishing Estate. And it is probable, [...]hat he had utterly destroyed the Saracens, if the Injuries which he [...]eceived from the Pope had not re-called him. For the Emperor making a League for ten years with the Saracens, and returning [...]nexpectedly from the Holy L [...]nd, Mat. Paris p. 351, 352. Matth Westm. p. 128, 129. interrupted the Popes proceed­ [...]ngs, and soon recovered all his Castles; so that the Pope was [...]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 Rea­ [...]ons, sent Nuncios with power of Legats, who by Sermons, Ex­ [...]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 [...]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 [...]or that expedition, to any Prince that paid Armies, and sought [...]or that Quarrel. All was thrown into the Popes Coffers, as into [...] Gulph, and by him imployed to make War against Frederick, [Page 26] 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 7 [...]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, no other cause be­ing known but the Popes pleasure.

Levies of Moneys to the Popes use without cause.In the year 1245, the Pope demanded of all Clerks that were Non-resident, half their Revenues, and of those that were resident a third part.

Matthew Paris writeth, that in the year 1257, the Popes Pro­ctors sent with his Bulls into this Realm, extorted of Clerks and Religious Persons, great sums of Money; and if any found them­selves Grieved, and offered to appeal, they were forthwith by one Commission or other Excommunicated.

Mat. Paris fol. 1002.In the year 1248, he exacted of the Monastery of St. Edmonds­bury (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 [Page 27] because they were maintained by the Pope, he was not able to ef­ [...]ect it.

The Franciscans and Dominicans preached up the Popes Power. [...]nd drew all the Confessions to themselves, and every day obtained [...]riviledges to the prejudice of the Parochial Priests, who became [...]lmost useless. The State of England was deplorable, for hungry [...]talians of the baser sort, with Bulls and Warrants from the Pope, came daily to fleece the People, and to raise such sums of Money, [...]s 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 Matthew Paris, that lived then, and beheld these things, to lament, That the Daughter of Sion was become like a shame­less Harlot that could not blush, by the just Judgment (saith he) of h [...]m 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 Laurentius 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 Canterbury to collect the Fruits of all vacant Benefices within his Pro­vince for one year.Mat. Paris fol. 1000.

SECT. 18.

The way that yielded to the Pope his greatest Harvest,The Popes Legats. was by 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 opportunity not only to gather to their Masters whatsoever they liked to demand, but also prevailed 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 Legati à latere were brought in Autho­rity [Page 28] 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 R [...]me 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 Patriarchs, or his Legat.

Petrie's Church History p. 272.These Primats did gladly imbrace the show of Honour, that for 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 charitativae, 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, Praetores; 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 injoyn their Legats to acknowledge duly the inferior Bishops within their own Jurisdicti­on; but now they pass by the Metropolitans, and draw all Actions unto themselves and the Court of Rome. Likewise their Ambition [Page 29] and Avarice have so provoked some Nations, that they will scarce [...]it any Legat, as Sicily and France have intrenched their Office. [...]e particultrs are more largely written by Antonius de Dominis, [...]hbishop of Spalato de Republ. Ecclesiast. lib. 4. cap. 12.

[...]f these some had the Titles and Ensigns, others the power of [...]ats (or more) without the Title or Badges. Some were sent [...]essively into England, Wales, Ireland, France, and elsewhere, [...]ublish Popes Excommunications, Interdicts, Bulls, Croisados, [...]ms, Suspensions, Citations, Mandats, &c. to and against Em­ [...]ors, Kings, Princes, Bishops, Abbots, Priors, and all sorts of [...]sons; to exact, collect Moneys, Pillage Sacred Churches, [...]nasteries, Mansions founded by our devout simple Ancestors, for [...]ief of the poor, of Strangers, and Sustentation of Religious [...]rsons, &c.

[...]t was an Ancient Priviledge of the Kings of England and Scot­ [...]d, that no Legat à latere, should come into any of their Domi­ [...]ons by the Popes Mission, unless at the Kings special instant re­ [...]est to the Pope, who eluded this priviledge by sending Nuncio's, [...]aplains, Clerks, Friers, Minors, or Praedicants, sometimes into [...]eir Realm, with the full power, not Titles or Ensigns of Legats.

Some Irish Bishops without the Kings Privity, endeavouring to [...]ocure a Legat to be sent into Ireland, the King upon notice [...]ereof by his Chief Justice and others, writes to the Pope to send [...] Legat thither against his will.

Pope Gregory the Ninth, his Legat was imprisoned for stirring [...] Sedition in Lombardy against the Emperor. Three Legats, with [...]ndry Archbishops and Bishops, were taken by the Emperors Gal­ [...]ys, going to a Council upon the Summons of Pope Gregory IX.

Gualo, a Presbiter Cardinal of St. Martin, crowned King Henry [...], causing him to do homage to the Church of Rome, and Pope [...]nocent for England and Ireland, and to swear faithfully to pay [...]e Annual Rent for them, which his Father King John had granted [...] long as he injoyed those Realms. He deprived Simon Langton, [...]rchdeacon of Canterbury and Gervase de Habruge (who obstinately [...]dhered to Lewis and the Barons, and celebrated Divine Service to [...]hem and the Londoners after their Excommunication) of their Be­ [...]efices, for which they were compelled to go to Rome. He sent [...]nquisitors through all Provinces of England, suspending and de­ [...]riving Clerks of their Benefices for very small faults, and adhering [...]o the Barons; bestowing their Livings on his own Creatures Clerks. [...]nriched with others Spoils. He received a thousand Marks from [Page 30] Hugh Bishop of Lincoln, and vast sums from other Religious Pe [...] ­sons, Canons, exhausting their Purses, and reaping where he [...] not sow. He bare sway in the Councils of King Henry III, w [...] sealed some Writs and Patents with his Seal before his own S [...] was made, and usurped on his Crown, during his Minority wit [...] out Opposition. Bernardus de Nympha came Armed into Engla [...] with the Bulls of Pope Innocent IV, to collect Money from th [...] Cruce signati, for Richard Earl of Cornwall, the Kings Brother. D [...] vers Blank Bulls of the Popes were found in his Chest after [...] Death, containing manifold Machinations of the Romans to debase and oppress England.

John de Diva, an English Frier, was armed with many Pap [...] Bulls to extort Moneys from the English for Pope Innocent IV, under dreadful Penalties and Fulminations. He exacts six thousan [...] Marks out of Lincoln Diocess. His Exaction at St. Albans wa [...] appealed against, who demanded 300 Marks, notwithstanding th [...] Appeal, to be paid within Eight days, under pain of Excommunication and Interdict, which the Pope upon an Appeal caused the [...] to pay. He had a Bull from the Pope to inquire of all Lands al [...] enated from Churches and Monasteries, Vexations by Proviso's, a [...] Simoniacal Contracts for Livings, to seize them to the Popes use and Excommunicate, Interdict all Opposers without Appeal.

John Ruffin was sent with the power (though not the title) of a Legat into Ireland, to collect Moneys there. He extorted six thou­sand Marks from the Clergy there, notwithstanding the Kings Pro­hibition.

Otto I. Pope Honorius his Nuncio, was sent to King Henry III. H [...] demandeth two Marks by way of Procuration from all Conventua [...] Churches of England; he demandeth two Dignities, and two Monk [...] portions in all Cathedrals and Monasteries.

Pryn's Hist. of Popes U­surpations. Otho, Cardinal Deacon of St. Nicholas in Carcere Tulliano, Lega [...] to Pope Gregory IX, was received into England with Processions an [...] ringing of Bells. He disposed of vacant Benefices to all that cam [...] with him, whether worthy or unworthy, the King almost did no­thing without him, and adored his foot-steps. He was present i [...] the Parliament at York, to mediate a peace between the Kings o [...] England and Scotland. The Charter of Peace was sworn to, an [...] ratified in his Presence. He desireth leave of the King of Scots t [...] enter as a Legat into Scotland, to regulate Ecclesiastical Affair [...] there as in England, who answered, That neither in his Fathers time nor of any his Ancestors, any Legat had Entrance into Scotland, nei­ther [Page 31] would he permit it, whilst he was in his righe senses. But if he [...]ntered, at his own peril he must expect violence from his rude Subjects, [...]rom which he was unable to protect him: yet he knighted and be­ [...]owed some Lands on his Nephew.

A great Fray was occasioned at Oxford by his Porters Insolence, [...]nd he was assaulted by the Scholars at Osney-Abbey, stiled an U­ [...]urer, a Simoniack, a Ravisher of Mens Rents, a Thirster after Money, a Perverter of the King, and Subverter of the Kingdom, [...] forced to fly secretly from thence. Both the King and he pro­ [...]eeded severely against the Scholars for it, by Ecclesiastical Cen­ [...]ures, Excommunications, Penances, Imprisonments, almost to [...]he ruin of the University.

He was denied Entrance into Scotland by the King thereof the [...]econd time. He gave a Writing under his Hand and Seal to the King of Scots, that his Admission into Scotland should not be drawn [...]nto Consequence, who took it away with him upon his privat re­ [...]cess. He there collected the fifteenth part of the Goods of all Pre­ [...]ats, and Beneficed Clerks, and sent it to the Pope. The English No­ [...]les send Letters of Complaint to the Pope against his confering of Benefices by Provisions upon Aliens, and other Grievances. Fre­derick the Emperor was incensed against King Henry III, for this Legats collecting of Moneys in England, imployed in Wars a­gainst him, demanding his Expulsion out of England, as the Em­perors and the Kingdoms Enemy. He demandeth Procurations for himself from the Clergy, not exceeding the sum of four Marks for any Procuration. The King sent a Prohibition to him to exact the fifth, or any other part of the Benefices of his Clerks attending on his Service, which he could by no means endure. He joyneth with Peter Rubee in exacting a great Tax from the Prelats and Ab­bots to shed Christian Blood, and to conquer the Emperor. The Bishops and Canons except against his intollerable Demands. He laboured to raise a Schism and Division among the Clergy, to ob­tain his Exactions. He demanded Procurations from the Cisterci­ans, who manfully denied them, as contrary to their Priviledges, which the Pope dispensed with by his Non obstante.

The King upon his Departure out of England, by the Popes Summons, feasted, placed him in his own Royal Throne, and at Dinner (to the admiration of many) Knighted his Nephew, and bestowed an Annuity of Thirty pounds per Annum upon him, which he presently sold. He conferred above Three hundred rich Prebendaries and Benefices, at his own and the Popes pleasure, on [Page 32] their Creatures. He spoiled the Church of Sarum, and ma [...] other Cathedrals, leaving them destitute of Consolation. He accompanied by the King and Nobles in great state to the Sea-sid [...] at his departure out of England He left not so much Money [...] England behind him when he left it,Mat. Paris fol. 735. as he drained out of it, Church plate and Ornaments excepted. He stayed three years in England great were the rewards demanded by, and given unto Legats. Pop [...] Innocentius sent one Martin into England for his Legat,Rewards given to Legats. who wa [...] not ashamed to demand Plate, Geldings, and other Reward without measure. And if those things wherewith he was presented liked him not,Mat. Paris f. 870. he would proudly send them back to their Owner [...] and threaten them with Excommunications, except they brough [...] him better. And other Examples in the same Authors there we [...] divers. Rich Presents were sent unto the Legats. The Bishop of Wi [...] ­ton presented Otho with Fifty fat Oxen, One hundred Quarters o [...] the best Wheat, and Eight Tun of the strongest Wine for his Table Others presented him with handsome Palfreys, rich Vessels, Furrs Vestments; and divers other Provisions of Meat and Drink.

Again, the charge of the ordinary Entertainments of a Legat wa [...] a great matter, for all his Charges were born by the Realm. Wha [...] those Expences might grow unto, may be conjectured by one de­mand of Procurations made by the said Otho (which yet was bu [...] a piece of his Allowance) for in the year 1240, giving notice to the Clergy that he must tarry in the Realm some time longer than at first was assigned unto him (in which space he was not to spend of his own) commanded a second Levy of Procurations to be made,Mat. Paris fol. 702. wherein he made shew of some favour more than was ordinary▪ giving to understand, that he meant not to receive of any Church above four Marks: and where the Churches were poor, he would be content that two Churches should joyn in contributing those four Marks.

The use of Legats.What benefit the Realm received for all these charges upon the Legats, the Monuments of two of the chief of these Legats, Otho and Ottobon (I mean their Legantine Constitutions, which were the fruits of their Reformation) do well shew. They contain Mat­ter of little or no moment in the World, and such as every Bi­shop in his Diocess might have ordered well enough, viz. Trif­fles about Citations, Proxies, and other small matters.

Danger by the stay of Legats in the Realm; Nich Ma­chiavel History of Florence.Moreover, their long abode and lingering in Countreys, cannot but be dangerous to the States where they come; because having opportunity to know the secrets of the Realm, they bestow that [Page 33] knowledge often times unhappily, being persons imployed in [...]ore Countreys than one, and often where discovery of such [...]ecrets proveth perillous to those Realms; where they have served [...]efore. Nicholas Machiavel; that great States Man, in his Hi­ [...]ory of Florence, noteth of his time, that the most of all the Wars [...]nd Garboiles in Christendom, were kindled by the Whisperings of [...]e Popes Legats.

SECT. 19.

19. It is also proved by the Canon Law,Original Suits at Rome. that any Ecclesiastical [...]uit may be commenced Originally at Rome.

This cannot be void of great charges to the Subject, and is very [...]ainful to the See of Rome: and the Charge lieth not alone in the long Travel thither, and tedious Attendance upon that Court, but in [...]he Cumbersomness of many intricate Questions arising upon Com­missions, sometimes one crossing another, and sometimes doubtfully [...]enned; sometimes again controlled by colour of wrong Suggestion, [...]nd a great number of ways besides, whereof the Decretals are full, [...]nd most of them are directed to Bishops of this Realm, which be­ [...]okeneth that this Plague hath touched our English People more than [...]ny other.

The Subjects were constrained to follow the Popes Consistory for [...]heir right, and there to waste themselves in Suit, in such wise, that one Case of England was thirty years depending in Rome, Ante litem contestatam, as Speculator writeth. And the case between the Arch­bishop of Canterbury and the Archbishop of York, for the Controversie whether the Archbishop of York might have Cross born before him within the Diocess of Canterbury (a goodly Matter for Bishops to contend about) did hang many years in the Court of Rome. And likewise the Case between the Bishop of Worcester and the Abbot of Evesham, [...]or the Vale of Evesh [...]m. The Decretals are full of English Cases, decreed even as the parties found favour in the Court of Rome. And the poor Cause of Matrimony of Cetwood, did hang in Rome, and was reserved there by Act of Parliament, and never was decided. And that very point was the occasion that King Henry VIII, did look into the Usurpation of Rome; because the Pope would needs Excommunicate the King for not answering in his own Case at Rome, as is notably discovered by Bellay in his Memoires, Bellay in Memoires. who was the Ambassador for the French King in England, and was sent of purpose to Rome, to stay the Ex­communication, and could not get six day [...] respite; and yet with­ [...]n these six days the Messenger came with Instructions to have ap­peased the Matter.

SECT. 20.

Great sums carried out of the Realm for Dispensati­ons.What infinite Treasure was there carried out of the Realm by th [...] Pope's Collectors, and by Bankers for Bulls and Dispensations, [...] man can tell. Therefore the French King hath many times made Edicts against the Carrying out of Money for Bulls out of France, a [...] of a thing that spoiled the Realm of their Treasure; using the Ter [...] Epuiser les Treasors du Royaume, as a man doth draw the water of [...] Well, to dry up the Water.

The Sums that were yearly made of Dispensations and Absolution in Cases reserved, were infinite; as also of Pardons and Indulgence [...] and other Faculties. It appeareth by the Book of Taxes made fo [...] Dispensations in the Reign of Henry VIII. that there were foun [...] Two hundred and sixteen Letters of Dispensations given by th [...] Pope, and that the Taxe of some of them were Two hundred Marks of others an Hundred Pounds, &c.

Tho. Wal­singham fol. 257. Thomas Walsingham writeth, That in the time of King Richard th [...] Second, one Pileus the Pope's Legate, made such a Market wit [...] Sale of Faculties, that his Officers that were about him in that Ser­vice, grew weary of taking Silver; and did not stick to say, Th [...] they had Silver enough, and therefore would not afterwards be paid fo [...] their Wares in any Coin but in Gold.

Robert Grosted Bishop of Lincoln, being suspended his Bishoprick for opposing the Pope's Provisions,Matth. Pa­ris fol. 1145. Anno 1252. and trampling them under hi [...] feet, caused his Clerks to take a view of all the Spiritual Livings o [...] Aliens in this Realm, and to make a diligent Inquiry to what an An­nual Sum they amounted unto; who found them to exceed above Seventy thousand Marks. And it may be easily collected what the Pope's Share was in those Gifts.

What the ordinary Payments were, that were yearly made to the See of Rome, he that shall make the strictest Inquisition, shall hard­ly understand.

SECT. 21.

The Kingdom of England being daily oppressed with many intol­lerable Grievances, and divers new Devices to extort Moneys more than before, in the dayes of King Henry the Third, he summoneth a Parliament at London, by reason of the Complaints of the English against those Grievances, which they could no longer tollerate without the brand of sluggishness, and their own imminent ruin. Great was the Indignation of the Pope against the miserable En­glish, for that they durst complain against their daily injuries and oppressions in the Council; which he so multiplied, that the English [Page 35] were more vile in his eyes and the Court of Rome, than any other [...]en of the remotest Nations: Insolently saying, It is expedient for [...] to compound with the Emperour Frederick, that we may trample the [...]tle King of England under our Feet, who now kicks with the heel a­ [...]inst us.

Then the King, the Nobles, Archbishops, Bishops, and Abbots, [...]ew up seven Articles in Parliament against the Popes Grievances [...]d Oppressions:

1. In Extorting and Collecting several Sums of Money by General [...]axes and Assesses, without the Kings Assent or Consent, against the an­ [...]ent Customs, Liberties, and Rights of the Realm, and against the Appeal and Contradiction of the Proctors of the King and Kingdom made [...] a General Council.

2. In hindering Patrons to present their Clerks to Vacant Livings, and [...]estowing them by Proviso's on other Roman Clerks, utterly ignorant of the English Tongue, to the peril of the peoples souls, and impoverishing the [...]ealm beyond measure, by transporting Money out of it.

3. In granting Pensions out of Livings by provision, and more provi­ [...]on of Benefices than he promised, after his Bull against them.

4. That one Italian succeeded another, That Subjects causes were [...]awn out of the Realm by the Pope's Authority against the Custom of the Realm, against the Written Laws; that men ought not to be condemned a­mong their Enemies; and against Indulgences granted by his Predecessors [...]o the Kings and Realm of England.

5. The frequent mention of that infamous word, Non-obstante in his Bulls, by which the Religion of an Oath, ancient Customs, vigour of Writings, the Established Authority of Charters, Laws, Priviledges, were debilitated, vanished away; and his not carrying himself courte­ [...]ously towards the Realm, in revoking the plenitude of his power, as he promised.

6. That in the Benefices of Italians, neither their Rights, nor susten­tation of the poor, nor hospitality, nor preaching of God's Word, nor the useful Ornaments of the Churches, nor Cure of Souls, nor Divine Ser­vices, were performed as they ought to be; and according to the Custom of the Countrey.

7. That the Walls of their Houses fell down, together with their Roofs, and were dilapidated.

To which other Complaints to the King and Parliament against [...] Court of Rome, were super-added; which they sent to the Pope by their respective Messengers, with five several Letters, two from the King to the Pope and his Cardinals, a third from all the Arch­bishops and Bishops, a fourth from all the Abbots and Priors, the fifth from all the Earls and Temporal Lords, speedily to reform all their Grievances, to prevent unavoidable Mischiefs to the King, the Pope, and the Church of Rome, and their revolt from Subjection to them.

They complained, that the Pope demanded Knight-service due only to the King, to Lords from their Tenants, from Prelats and Clergy­men, to find him so many Horse or Foot for half a year, or pay a great Ransom in lieu of it, under pain of Excommunication, which they must reveal to no Man. That he granted one years Fruits of all Benefices that fell void within the Province of Can­terbury to Archbishop Boniface. That he by sealed Bulls required the Abbots of the Cistercian Order in England, to send him golden Jewels to adorn his Planets and Copes, as if they might be go [...] for nothing. That if any Clerk should from thenceforth die inte­state, his Goods should be converted to the use of the Pope which he commanded the Friers, Preachers, and Minors, dili­gently to execute, seizing on the Money, Goods, and Plate o [...] three rich Archdeacons, which the King hearing of prohibited; and by the common advice of his Nobles and Prelats in Parliament, issued several successive Prohibitions to the Abbot of St. Albans, and others, not to pay any Tallage to the Pope or his Agents, before the return of their Messengers to Rome against these Grievan­ces, under pain of seizing his Barony: and to the Bishops, not to exact or levy any such Tax, for any Clerk, Religious Person, or Lay-man, to the prejudice of his Royal Dignity, against his and his Nobles Provisions in Parliament, which he neither could nor would indure.

The Pope contemned the zealous Letters and memorable Com­plaints of the King and whole Kingdom against his Exactions, re­quiring the Bishop of Norwich and others, to levy a Subsidy for him, at which all were amazed. The King summons a new Par­liament at Winton, concerning the manifold Grievances of the whole Realm, and especially of the Church; wherein the Messen­gers sent to the Court of Rome reported, That they could discern no Humility nor Moderation in the Popes Gestures or Words, concerning the Oppressions wherein the Church and Realm of England were grieved, [Page 37] and whereof they complained. That when they expected a pleasing An­swer, the Pope told them, The King of England, who now kick [...] his Heel, and Frederizeth, hath his Council, and I have mine, which I will pursue. That from that time scarce any English Man could di­spatch any Business in Court; yea, they were all repelled, and reviled as Schismaticks; so as so many Epistles of the King, and the universa­lity of the Nobles and Prelats of the Realm, had no efficiency at all.

At which Report the King and Nobles being much exasperated the King by their Advice commanded Proclamations to be made through all Countreys, Cities, Boroughs, and Villages of the Realm, that no Prelate, Clerk, or other Person, throughout the Realm, should con­sent to any Contribution to the Pope, or transmit any Money to­wards his Aid, or in any wise obey his Papal Commandement: which was accordingly done.

The Pope hearing thereof, wrote to the English Prelats more sharply than before, requiring them under pain of Excommunicati­on and Suspension, to pay in the Aid he demanded, to his Nuncio in the New Temple before the Feast of Assumption. Hereupon the King was so terrified with the Popes Menaces, that he and the Richest Pre­lats complied with his Designs, paying 6000 Marks to the Pope, to the great impoverishing of the Realm; which was transported by the Pope's Nuncio and Merchants, to aid the Landgrave against the Emperor Frederick; part whereof he intercepting, grievously reprehended the Effeminacy of the English, and of Richard Earl of Cornwall, for yielding to the Popes party, to the Destruction of the Realm of England, and detriment of the Empire.

The Pope intended to have interdicted the Realm of England, had they not paid his 6000 Marks, and the King by his Nuncio's signi­fied his Compliance to it. Now all the consolation and hope of re­lieving the English, expired; their Enemies being their Judges.

SECT. 22.

22. Hereunto I shall add what I found in an Ancient Manu­script, which briefly gives us an account of what things were heretofore beneficial to the Court of Rome, and prejudicial to the Realm of England; which are as followeth:

1. The procuring of Favour for all manner of Faculties, and Di­spensations at Rome.

2. The ordinary Fees for Dispensations and Faculties, besides Ex­pences in suing out the same.

[Page 38] 3. The kinds of Faculties and Dispensations, that in the beginning of Queen Elizabeths Reign, appeared in the Book of Faculties, re­maining then with the Queens Clerk of the Faculties.

4. The stranger the Faculty and Dispensation was, which was sued for, the dearer was the Favour and Fees that were paid for the same.

5. The Gift of all Bishopricks, Abbeys, Monasteries, &c. in Eng­land, whereof the present Incumbent died in the Court of Rome.

6. The Provisions procured from Rome for the best Bishopricks, Ab­beys, &c. when they fell void, or were voidable by the Law.

7. The Appellations to Rome, to stay all ordinary Law and Justice of Courts.

8. The Citations from Rome, in arrest of Judgment procured from Rome, when Men knew or suspected the Law would pass against them.

9. The Bishops Suit at Rome for their Pall.

10. The Abbots Suit at Rome for the confirmation of their Ele­ctions.

11. The prefering of Strangers to the best Promotions of the Realm (as hath been largely shewn before.)

12. The procuring of Bulls by Bishops, Abbots, Priors, and Colledges, to be out of the Kings V [...]sitation and Prerogative.

13. The First-fruits and Tenths of all Spiritual Promotions. The First fruits of vacant Benefices were granted by Pope Innocent IV. to Archbishop Boniface for seven years, to raise Ten thousand Marks, to pay pretended Debts of the Bishoprick; an unheard of Innovation in England; opposed by the Bishops, Nobles, and the King at first; yet inforced by Excommunications. But the Benefices of Noblemens, and Lay-mens Patronage, and the King's free Chappels, were exempted from them by Order of Parliament, and the Kings Writs.

14. Peter-pence granted by the Kings Ina and Offa to the English School at Rome, not to St. Peter; called Peter-Pence, because pay­able upon St. Peter's day, excepted in King John's Charter to the Pope, frequently demanded by the Popes. Granted to St. Albans Ab­bey by King Offa, confirmed since by Popes Bulls.

[...]leidan's Comment. lib. 15. 15. The strange number and kinds of Pardons, to allure all sorts of People to take and purchase them. Frier Tecel, to set forth the glory and prevalency of the Popes Pardons (whereof he was the Pedler in Germany) for the comfort and incouragement of Harlots and Whore­mongers, so far forgot the Honour and Reverence he should have given to the chaste Virgin Mary, that he impiously averred, If a Man had lain with our Blessed Lady, the Mother of Christ, and gotten her with-child, yet the Popes Pardon was able to set him free from this Offenc [...].

Pardons were granted from the Pope for Eighty two thousand years, [...]or saying a short Prayer at Christs Sepulchre in Venice, toties quoties. For saying every Ave Maria in our Ladies Crown, consisting of 63 Aves, Two hundred eighty eight days Pardon of all sins; and every Holy Mary in it 40 days Pardon: and for saying the whole Crown of 63 Aves, and 12 Pater-nosters, by several Popes Indulgences, Two hundred se­venty three thousand, seven hundred fifty eight days of Pardon. And by the Bull of Pope Sixtus IV. Twelve thousand years of Pardon for [...]very time any Person in the State of Grace, shall say this Prayer: Hail most holy Mary, Mother of God, Queen of Heaven, Bernardinus de Busti Martiale. part 12. Gate of Paradice, Lady of the World, Singular and Pure; Thou art a Virgin, thou hast conceived Christ without sin: Thou hast brought forth the Creator and Saviour of the World, in whom I doubt not; Deliver me from all Evil, and pray for my Sins. Amen.

Here I shall present you with some Indulgences granted by Pope Gregory XIII. at the instance of the Popish Bi­shop of St. Asaph, in favour of one Mr. John Swynborn an English man, the last day of March 1574.

1. WHosoever having one of these blessed Grains or Beads (viz some consecrated Grains and Beads sent by the Pope) among his other Beads; and shall (being confessed and communicated) say over his Beads, or the Rosary; or shall read the passion of Christ our Saviour; or say the Seven Psalms with the Letanies, praying for the Pope's Holiness, or for the Unity of the whole Common-wealth of Princes and Christian people, with the See Apostolick, and for the Reducti­on of the Hereticks Septentrional; shall for every time obtain full Remission of their Sins, as is granted in the Holy Wars against Infi­dels.

2. And in the days of the Conception, Nativity, Annunciation, Visitation, Purification, and Assumption of Our Blessed Lady, being confessed and communicated; and saying over your Beads, or the Office of our Lady; and praying for the Reduction of the Hereticks of England and other Countries Septentrional; shall obtain in every the above-na­med days, all the Indulgences that be granted to our Lady of Loretto, of Monteserato, of St. Angelo, and of Sta. Maria Maggiore of Rome, and any other Churches of our Lady in the whole World.

3. And so often as any having Contrition of their Sins, shall de­voutly hear Mass, or Sermon, or say the Ave Mary in the Morn­ing, [Page 40] Mid-day, and at Night, when the Bell tolleth, they being bare-headed, and kneeling upon their Knees; or shall bear with them three Beads at their Girdle, or other place open to be seen, or shall do reverence to the Image of the Cross, of our Lady, or any other Saint; or shall examine their Conscience at Night before they go to sleep: or shall, going in or out of the Church, or their Cham­ber, take Holy Water; or perswade or move others to do the same; or shall charitably reprehend Blasphemers and other Sinners, shall for every time so doing obtain an hundred years of Indulgences.

4. And such as shall teach the Ignorant the Matters of the Faith, according to his or their Estate; or openly defend in every place the Catholick Church, by Writing, Catechising, Preaching, or by any other means, they then shall obtain thereby the third part of their sins to be forgiven.

5. Also thrice in a mans life-time, after he shall have fasted three days, and said over the whole Psalter, and his Beads once; or gi­ven sufficient Alms, or done some other good Deed equivalent; making to a Confessor appointed by his Ordinary, or Superiour, a general Confession (that is) either of his whole life, or of that which is passed since his last general Confession was made; and being com­municated, shall obtain thereby full remission of all his other sins.

6. Moreover, every day in Lent, saying over with Devotion and Contrition of Heart, and Desire of the Increasing of the Holy Faith, his Beads, Fasting also if he may, otherwise praying, or doing some other Charitable Works, according to his Confessors Counsel, shall obtain therefore all the stations of Rome day by day, as they be appointed 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 R [...]lict [...] 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 thi [...] 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, [Page 41] for the Departed out of this Life, shall obtain the same Indulgence [...] which be obtained in Rome for Visiting Holy places for that pur­pose.

9. Item, Every Sunday and Friday, saying over the Beads for [...]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 Re­ [...]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 [Page 42] dung, as their Legends are of Fables in this kind. And Canus in hi [...] Common Places saith, That in the Legend a man shall read Mons [...] 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 [Page 43] two private persons of this Realm; viz. Peter Clerk, Fox. Acts and Monu­ments. and William Rus­ [...] In the time of King Henry VI. the Cardinal of Winchester, notwith­ [...]nding the Statute against Provision, procured the Popes Bull to [...]e again his Bishoprick of Winchester, which he had lost by his Car­ [...]alship; and after obtained a Pardon from the Pope against the pe­ [...]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 [...]t Bishoprick granted unto him during life; but was therein re­ [...]ed by the King. Other Examples there be of like sort.

2. In the last Council of Trent, Concil. Trident. Sess. 5. c. 18 [...] there is a special Constitution for [...]estitution of all Ecclesiastical Liberties; and therein the Emperour, [...] Kings, Princes, and States, are commanded that they see them [...]otected.

The Title of Ecclesiastical Liberties, reacheth to every of the [...]ints before touched, and therefore we may conjecture what [...] are to look for.

3. The Pope yearly publisheth one Excommunication, which is [...]led Bulla de Coena, wherein by Name are comprised all that [...]any let to such as would prosecute any Suit at Rome; or that [...]fer not the Popes Bulls, Commissions, and other Processes [...]atsoever, to be executed. And all that execute any Statutes, De­gative to the Liberties of Rome, be the custom to the contrary [...]ver so ancient; and such as impose Tenths, Subsidies upon the [...]ergy, or receive them at their hands with good consent, ex­ [...]ot the Pope allow thereof; and those also which force any Ec­ [...]siastical Person to answer before them in Criminal Causes, be­ [...]g Lay-Judges, &c. So saith Martinus ab Azpil, in Enchyridion; [...] 27. Which Book was made by the special Commandement of [...]ope Gregory XIII. The warning given us by Bulls published in [...]een Elizabeths Reign, assureth us that if he may have place [...]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, [...]ve not spared to tell us, that the Laws made in Catholick [...]es, viz. the Statute of Praemunire, and some other, were bad [...]ws, and not to be allowed. And again, there were found [...]on some which came in Queen Elizabeths time to disturb the [...]ace of this Realm, small Pamphlets, containing Directions (as [...]ey would have them taken) for Mens Consciences, wherein they [...]livered many things to trouble those persons whose Consciences [Page 44] 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 fo [...] merly received a Tribute, viz. The Peter-pence, which was [...] times of Popery of every House a penny. Whereby B [...]diu in [...] Book de Republica, argueth, that the Realm of England is not Soveraign Estate; not to speak of the yearly Tribute paid unto th [...] Pope by King John, and some other Princes his Successors. Th [...] may serve the Pope for a mean to bridle all the Old Statutes an [...] the Liberties of our Countrey, and to spoil the Prince of all [...] Prerogatives. We know how he dealt with Sicily and Napl [...] 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 sal [...] 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 Po [...] 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 shou [...] bestow that Realm.

FINIS.

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