Liberties but he violated this Oath and was absolved from it soon after by the Pope And we find that Pope Vrban the Fourth absolved King Henry the Third from his Oath made to his Subjects for the observation of certain Articles Mat. Paris fol. 1322. called The Provisions of Oxford whereto he had condescended after long trouble for the peace and quiet of his People Pope Clement the V also did the like to King Edward the First touching his Oath which he had made to the Barons of this Realm Thomas Waisingham f. 61. SECT 11. 11. The Pope taketh upon him Authority to Examine Princes Titles Princes Wars examined by the Pope c. Sicut extra in Jurejurando and the Causes of their Wars and to compound their Controversies at his pleasure compelling them to abide his Order upon pain of Excommunication Interdiction c. A matter very dangerous considering the Corruption of Justice in that See whereof there be so many Examples in Histories as would fill a large Treatise and that the Pope can hardly be indifferent his Affairs and State being such as they are for the most part linked with the one part or the other The claim of this Authorlty appeareth in c. Tram. Extra de ordine Cognition David Prince of North Wales having Wars with King Henry III committed himself his People and his Land into the hands of the Pope promising to hold his Right of him and to pay Five hundred Marks by the year Several Charters were made to the King by the Prince and Nobles of North Wales ratified by their Oaths and voluntary Submissions to Ecclesiastical Censures of Excommunication and Interdict by the Bishops therein nominated in case of Violation And the manner of his Oath is set down by Matth. Paris Et Matth. Paris p. 605 607. Mâ—t. Westm p. 180 181 182. ad omnia firmiter tenenda Ego David juravi super crucem sanctam quam coram me feci deportari And firmly to hold all these things I David have sworn upon the Holy Cross which I have caused to be carried before me And the Reverend Father Howel Bishop of St. Asaph aâ— my request saith David hath firmly promised in his Order that he will do all these things aforesaid and procure them to be observed by all the means that he can And Ednevet Wagan at my Command sware the same thing upon the Cross aforesaid But the Pope layeth hold of the Cause the Controversie being committed by him unto two of his Clergy The King was called before Matth. Paris fol. 880 881. them to answer David's complaint which the King seeing how small likelihood there was of Indifferency refused to do King Edward the First having war with Scotland and being far entred into the Land was by Commandement of the Pope enjoyned to leave off his wars against that Realm upon pretence that Scotland and the people thereof were by his special exemption discharged from all Authority of other Princes and appertained to his See Thomas Walsingham addeth That the King refusing thus to be ordered was moved thereto again by the Pope and commanded to receive Order by way of Justice in his Court The King having received Pope Boniface's Letters assembleth a Parliament at Lincoln by whose advice he addresseth Letters Responsal to the Pope And the Lords Temporal in the name of the whole Parliament answered the Pope That the King of England ought by no means to answer in judgement in any Case nor should bring his Rights into doubt nor ought to send any Proctors or Messengers to the Pope c. And that they will not suffer their Lord the King to do or by any means to attempt the premisses beinâ— so unaccustomed and not heard of before Dated at Lincoln in the year 1301 in the 28th year of the Reign of King Edward the First But the same King in time of war with the French King was required Walsingham fol. 41. on the behalf of Pope Boniface VIII by his Legat to put their whole quarrel to be by way of Arbitrament decided by the Pope And further he was enjoyed upon pain of Excommunication to take truce with the French King for two years whereto he gave place saith Thomas Walfingham SECT 12. 12. Another Grievance was The departure of Prelats and other of Subjects departure out of the Realm against the Kings will the Clergy forth of the Realm and leaving the service thereof against the Kings will Of which sort some voluntarily have gone upon coâ—our of devotion as Anselm Archbishop of Canterbury in the time of King William Rufus notwithstanding that he was expresly forbidden by the King and told that if he went he should no more return into his Realm departed from hence pretending that he went Ad Matth. Paris fol. 29. Visitandum Limina Apostolorum To visit the Thresholds of the Apostles It may be he pretended his Oath for at that time Bishops used to bind themselves by Oath that once every year they should visit the See of Rome except they be otherwise dispensed withal which Oath by the Canon Law is now taken by every Popish Bishop Ego N Episcopus N. ab hac hora in antea fidelis obediens cro beate Petro sanctaeque Apostolica Romanae Ecclesiae ac Domino nostro S. P. suisque Successoribus canonice intrantibus Non ero in consilio aut consensu vel facto ut vitam perdant aut membrum seu capiantur mala captione c. Others again have been called forth of the Realm to the Popes service as Peter Bishop of Winchester in the time of King Henry the Third was called to Rome by the Pope pretending that he would imploy him in compounding certain differences which were betwixt him and the Inhabitants of Rome and betwixt him and the Grecians But truly as Matthew Paris noteth the Pope knew him to be a very rich Matth. Paris sol 549. Bishop and therefore sent for him to Rome to assist him not only with his Advice in his Military Affairs but also with his Purse against the Romans and Grecians And the Pope having made as much of him as he could for those ends importuned the King for his return into England which the King assenting to wrote thus to the Pope and Bishop Domâ—no Papae Rex c significavit nobis sanctitas vestra per venerabilem Claus 19 H 3. Part. 2. memb 2. intus Patrem A. Coventrensem Litchfeldensem Episcopum dilectum fidelâ—m nostrum P. Saracenum Civem Romanum quod gratum haberetis acceptum si venerabilis Pater P Wintoniensis Episcopus cum gratia nostra reverti posset in Angliam sicut ad ejus spectat officium curam securus genere pastoralem super hoc ex parte sinceritatis vâ—strae nos rogaverunt Ad quod Sanctae Paternitati vestrae duximus respondendum Quod cum idem Episcopus Regnum nostrum ultimo exivit gratis motu
Paris fol. 1002. the place of the Abbot being void 1000 Marks and would not confirm the Election of the new Abbot until the Monks had promised to pay 800 Marks In the Reign of King Edward the Second Pope John XXII reserved to his See the First-fruits of all vacant Benefices for the space of three years At that time also certain Usurers set up in England called Caursins who by Usuries and strange Arts devised in Italy did eat up the poor People and the Clergy The King himself was much indebted to them The Bishop of London would have repressed them but because they were maintained by the Pope he was not able to effect it The Franciscans and Dominicans preached up the Popes Power and drew all the Confessions to themselves and every day obtained Priviledges to the prejudice of the Parochial Priests who became almost useless The State of England was deplorable for hungry Italians of the baser sort with Bulls and Warrants from the Pope came daily to fleece the People and to raise such sums of Money as they would demand upon the Clergy If any denied what they demanded he was presently Excommunicated And they that held the great Benefices were Strangers who were but the Popes Farmers This caused Matthex Paris that lived then and beheld these things to lament That the Daughter of Sion was become like a shameless Harlot that could not bâ—ush by the just Judgment saith he of him that made an Hypocrite to reign and a Tyrant to domineer Sometimes the Pope made his advantage by Grants made to other Bishops to spoil the Realm as to the Bishop of Rochester whose Name was Laurentim de Sancto Martino a Chaplain and Counsellour of King Henry the Third This Man got a Dispensation from the Pope to hold all his former Livings in Commendam with this Bishoprick And yet alledging that his Bishoprick was the poorest of England and therefore his Living yet unable to maintain the Port of a Bishop he never ceased till he had extorted from the Clergy of his Diocess a Grant of a fifth part of all their Spiritual Livings for five years and appropriated unto his See for ever the Parsonage of Friends-bury The Pope at the same time granted a Bull to the Archbishop of Mat. Paris fol. 1000. Canterbury to collect the Fruits of all vacant Benefices within his Province for one year SECT 18. The way that yielded to the Pope his greatest Harvest was by The Popes Legats Legats sent into this Realm for they coming hither under a plausible title of care to reform things that were amiss within the Realm and the presence of a Legate having an Authority little inferior to the Pope himself being terrible to the Subject they had opportinity not not only to gather to their Masters whatsoever they liked to demand but also provailed intollerably for themselves and some of them with such insolence as it is strange that any Prince could ever suffer them in his Realm I shall here speak something of the Original of these Legats and shew how by degrees the Legatâ— Ã latere were brought in Authority amongst the Nations and how they did inlarge the Popes Phylacteries At first because Rome was the chief City of the Empire from thence as from a Seminary were preachers sent to sundry Nations to preach and plant the Gospel or to confute Heresies afterwards to provide vacant Benefices and to supply the absence of the Roman Bishop in Synods in all which they did no other thing but as other Bishops might have done and also did But when the Bishops of Rome were made Patriarchs and became ambitious these Legats did the same Offices at some times but therewith they began craftily to injoyn unto Archbishops and Metropolitans to execute some things which they were commanded by the Word of God to do and they would give them power within their own Diocesses as if Bishops had been Vicars of the Roman Parriarchs or his Legat. These Primats did gladly imbrace the show of Honour that for Petrie's Church History p. 272. reverence of the Roman Church they might be the more respected in their own Jurisdiction and sometimes the more easily advance themselves above their Competitors Sometimes the Popes sent Legats into other Diocesses with such modesty that they had Authority to attempt nothing without concurrence of the Bishops or Synod of that Countrey Albeit these Legations were partly good and just and at the worst were tollerable yet they were not potestativae or imperious but charitativâ— or exhortatory nevertheless the Popes brought the Churches and Bishops into subjection by such means for afterwards they were sent only for ambitious Usurpation Covetousness and Worldly Affairs The ordinary Legats at Pisa Romandiola Bononia Ferrara Avignon and if there be any other such are Provincial Deputies Prâ—tores or Vice-Roys The Nuncio's at the Court of the Emperor or of any King Prince or State are Ambassadors or Spies for Secular Affairs The Affairs of any Church that are gainful if they be of less account are reserved unto the Judgment of the Nuncio yet not definitively but to be determined at Rome And things of greater importance are wholly reserved for the Court of Rome The Ancient Bishops of Rome did severely in joyn their Legats to acknowledge duly the inferâ—oâ— Bishops within their own Jurisdiction but now they passby the Metropolitans and draw all Actions unto themselves and the Court of Rome Likewise their Ambition and Avarice have so provoked some Nations that they will scarce admit any Legat as Sicily and France have intrâ—nched their Office These particultrs are more largely written by Antoniuâ— de Dominis Archbishop of Spalato de Republ. Ecclesiast lib. 4. cap. 12. Of these some had the Titles and Ensigns others the power of Legats or more without the Title or Badges Some were sent successively into England Wales Ireland France and elsewhere to publish Popes Excommunications Interdicts Bulls Croisados Disms Suspensions Citations Mandats c. to and against Emperors Kings Princes Bishops Abbots Priors and all sorts of Persons to exact collect Moneys Pillage Sacred Churches Monasteries Mansions founded by our devout simple Ancestors for relief of the poor of Strangers and Sustentation of Religious Persons c. It was an Ancient Priviledge of the Kings of England and Scotland that no Legat à latere should come into any of their Dominions by the Popes Mission unless at the Kings special instant request to the Pope who eluded this priviledge by sending Nuncio's Chaplains Clerks Friers Minors or Prâ—dicants sometimes into their Realm with the full power not Titles or Ensigns of Legats Some Irish Bishops without the Kings Privity endeavouring to procure a Legat to be sent into Ireland the King upon notice thereof by his Chief Justice and others writes to the Pope to send no Legat thither against his will Pope Gregory the Ninth his Legat was imprisoned for stirring up Sedition in Lombardy against the Emperor Three Legats
with sundry Archbishops and Bishops were taken by the Emperors Galleys going to a Council upon the Summons of Pope Gregory IX Gualo a Presbiter Cardinal of St. Martin crowned King Henry III causing him to do homage to the Church of Rome and Pope Innocent for England and Ireland and to swear faithfully to pay the Annual Rent for them which his Father King John had granted so long as he injoyed those Realms He deprived Simon Langton Archdeacon of Canterbury and Gervase de Habruge who obstinately adhered to Lewis and the Barons and celebrated Divine Service to them and the Londoners after their Excommunication of their Benefices for which they were compelled to go to Rome He sent Inquisitors through all Provinces of England suspending and depriving Clerks of their Benefices for very small faults and adhering to the Barons bestowing their Livings on his own Creatures Clerks inriched with others Spoils He received a thousand Marks from Hugh Bishop of Lincoln and vast sums from other Religious Persons Canons exhausting their Purses and reaping where he did not sow He bare sway in the Councils of King Henry III who sealed some Writs and Patents with his Seal before his own Seal was made and usurped on his Crown during his Minority without Opposition Bernardus de Nympha came Armed into England with the Bulls of Pope Innocent IV to collect Money from the Cruce signati for Richard Earl of Cornwall the Kings Brother Divers Blank Bulls of the Popes were found in his Chest after his Death containing manifold Machinations of the Romans to debase and oppress England John de Diva an English Frier was armed with many Papal Bulls to extort Moneys from the English for Pope Innocent IV under dreadful Penalties and Fulminations He exacts six thousand Marks out of Lincoln Diocess His Exaction at St. Albans was appealed against who demanded 300 Marks notwithstanding the Appeal to be paid within Eight days under pain of Excommunication and Interdict which the Pope upon an Appeal caused them to pay He had a Bull from the Pope to inquire of all Lands alienated from Churches and Monasteries Vexationâ— by Proviso's all Simoniacal Contracts for Livings to seize them to the Popes use and Excommunicate Interdict all Opposers without Appeal John Russin 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. He demandeth two Marks by way of Procuration from all Conventual Churches of England he demandeth two Dignities and two Monks portions in all Cathedrals and Monasteries Otho Cardinal Deacon of St. Nicholas in Careere Tâ—llianâ— Legat Pryn's Hist of Popes Usurpations to Pope Gregory IX was received into England with Processions and ringing of Bells He disposed of vacant Benefices to all that came with him whether worthy or unworthy the King almost did nothing without him and adored his foot-steps He was present in the Parliament at York to mediate a peace between the Kings of England and Scotland The Charter of Peace was sworn to and ratified in his Presence He desireth leave of the King of Scotâ— to enter as a Legat into Scotland to regulate Ecclesiastical Affairs there as in England who answered That neither in his Fathers time nor of any his Ancestors any Legat had Entrance into Scotland neither would he permit it whilst he was in his righe senses But if he entered at his own peril he must expect violence from his rude Subjects from which he was unable to protect him yet he knighted and bestowed some Lands on his Nephew A great Fray was occasioned at Oxford by his Porterâ— Insolence and he was assaulted by the Scholars at Osney-Abbey stiled an Usurer a Simoniack a Ravisher of Mens Rents a Thirster after Money a â—erverter of the King and Subverter of the Kingdom is forced to fly secretly from thence Both the King and he proceeded severely against the Scholars for it by Ecclesiastical Censures Excommunications Penances Imprisonments almost to the ruin of the University He was denied Entrance into Scotland by the King thereof the second time He gave a Writing under his Hand and Seal to the King of Scots that his Admission into Scotland should not be drawn into Consequence who took it away with him upon his private recess He there collected the fifteenth part of the Goods of all Prelats and Beneficed Clerks and sent it to the Pope The English Nobles 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 their Creatures He spoiled the Church of Sarum and many other Cathedrals leaving them destitute of Consolation He is accompanied by the King and Nobles in great state to the Sea-side at his departure out of England He left not so much Money in Mat. Paris fol. 735. England behind him when he left it 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 Pope Innocentius sent one Martin into England for his Legat who was Rewards given to Legats not ashamed to demand Plate Geldings and other Rewards without measure And if those things where with he was presented liked him not he would proudly send them back to their Owners Mat. Paris f. 870. and threaten them with Excommunications except they brought him better And other Examples in the same Authors there were divers Rich Presents were sent unto the Legats The Bishop of Winton presented Otho with Fifty fat Oxen One hundred Quarters of the best Wheat