3. by his menacing Bull to Geoffry de Lysimaco earnestly demanded by Otho his Legate all the arrears of the 1000 marks annual rent granted by his Father K. John due from the beginning of his Papacy and the King's reign who therupon paid all those arrears amounting to 10000 marks for which he desired the Popes allowance and acquittance by this Letter Claus 10 H. 3. m. 2â— doâ—so still kept upon the file Dom. Papae salutem Ad instantiam magistri O. Subdiaconi Capellani vestri viri utique prudentis merito commendabilis qui ad nos transmissus ex parte vestra requirebat à nobis instanter ea quae restare à tempore Papatus Vestri credidit de annuo censu nostro vobis debito Paternitati vestrae praesentibus intimamus quod venerabili Patri P. Norwic. Episc septem millia quadringentas tresdecem marcas dimidium de praedicto censu solvimus sicut mâ—minit ipse pariter confitetur Et ad perficiendum octo millia marcarum praedicto magistro Ottoni solvi fecimus quingentas quater viginti sex marcas dimidium Et praeterea mille marcas tibi assignari fecimus De mille vero marcis vobis satisfecerint Magister Stephanus de Eketon Magister Stephanus de Ducy nuncii nostri sicut nobis significastis Et sic de toto tempore Papatus vestri plenarie vobis est satisfactum Supplicamus igitur sanctitati vestrae quatenus nobis super hoc literas vestras patentes dignemini destinarâ— Teste meipso apud Westmonast 24. die Martii Anno regni nostri Decimo An even reckoning so far And then it appears that in the 33 year of King Hen. 3. Pope Innocent the 4th in the sixth year of his Papacy sent to the King to demand this 1000 marks due for that year An. 33 H 3. in Turri Lond. by this Instrument or Bull Innocentius Episcopus Servus Servorum Dei charissimo in Christo filio Regi Anglorum illustri salutem Apostolicam benedictionem Excellentiam tuam affectione paterna rogamus quatenus mille marcas sterlingorum quas pro anno praesenti Ecclesiae Romanae nomine Census debes dilecto filio Thesaurario Domus militiae Templi London solitae devotionis affectu nomine nostro facias assignari Dat. Lugdun 5 Kal. Augusti Pontificatus nostri sexto Dorso De censu annuo Dom. Papae debito But whether any thing or no was paid upon this demand appears not But by the Liberate Rolls it appears 31 H. 3. m. 1. that this rent due for the 31 year of K. H. 3. was then paid to the Treasurer of the Temple In the year 1276. Pope John 21. sent such another Bull or demand to K. Edw. 1. still preserv'd amongst the Tower Records whereby he demanded the arrears of this annual rent of 1000 marks for seven years then last past and also for that year but whether payment was made accordingly there remains no evidence and when or how much was afterwards paid upon this account is now uncertain But from these footsteps thereof which we find amongst our Records it may well be collected that the Popes being sensible of the defeasibleness of their Title to this Rent durst not always insist upon it but sometimes when they met with an easie King or one whose affairs required the Pope's countenance or aid then they would put on a demand of this rent with the arrears of it and many times without doubt were gratifi'd therein but then with wise and resolute Kings they had the discretion to let it alone and so by continuance of time and non-claim the rent came at last to be extinguish'd CHAP. V. Appeals APpeals to the Court of Rome was another way of drawing great summs of money out of England continually thither And these began most visibly in the time of King Stephen Gervas Dorobern coll fo 1667. according to that of Gervasius Doroberniensis Inusitatae enim erant in Anglia Appellationes usque quo Henricus extitit Wintoniensis Episcopus remembred also by Hen. Huntingdon Hen. Huntingd lib. 8. â—0 395 who tells us also the occasion related at large by Bishop Godwin in the life of Theobald Archbishop of Canterbury And then when the Popes had tasted the sweets of the gains accruing this way all incouragement was given to Appellants so that afterwards there scarcely happen'd any controversie of value but one party or other would presently Appeal to the Pope and Court of Rome for the management of which Appeals it was necessary to retain Proctors Notaries Advocates Agents Sollicitors and many other Officers who all living by the employment expected always to be well paid And in the Court of Rome were continually resident a multitude of Officers Judges Clarks Scribes Advocates Canonists Civillians Referendaries who every one must have a finger in every cause brought thither by Apppeal and be all well paid and brib'd for Bulls Breves Citations Commissions Sentences References Expeditions with innumerable sorts of Processes issuing during the depending of causes which were never speedily ended but spun out to the utmost length with all incouragement of Appellant Suitors bringing grist to the mill and as long as any money flowed to make the wheel go And as these Appeals were purchased in suits between party and party most commonly to the utter undoing of the Plaintiff or Defendant and many times of them both the Pope having the fineness when he had cracked the Nut to take the kernel to himself and to give one shell to one of them and the other to the other so oftentimes they caused a far greater mischief being made use of by haughty turbulent and undutiful subjects especially Church-men to cross and oppose their Soveraigns upon every or any pretence whatsoever Witness the Appeals of Anselme Becket the Monks of Canterbury with multitudes more from the King and his Laws to the Pope as in all our Histories most frequently occurr All which tended only to carry huge sums to Rome and to bring thence no less mischiefs to the King and Kingdom And besides this multitudes of Appeals were founded upon the Elections of Bishops Abbots Priors Deans c. for it was very rare to have all parties acquiesce in an Election but Incapacity Simony Surprize or some irregularity would be pretended and then presently an Appeal must be made to Rome and there generally the cause determined for that party which brought the most money Venalesque manus ibi fas ubi plurima merces Acts Mon. fo 259. As once John Hereford was elected Abbot of St. Alban's Monastery but upon some dis-satisfaction taken thereat Reynold the Physician and Nicholas a Monk were instantly posted away with a huge bag of Money to Rome whereby the Election was confirm'd upon these terms That the new Abbot should swear every third year by himself or some other to visit the Limina Apostolorum in Rome with a subintelligitur that he should
into the King's hands and lost during his life And this Judgement was before any Act of Parliament made in that case Nota. And there it is said That for the like offence the Archbishop of Canterbury had bin in worse case by the Judgement of the Sages in the Law if the King had not extended favour to him Although by the Ordinance of Circumspecte agatis Coke 5 Rep. Case de jure R. Eccl. made in the thirteenth year of King Edward the first and by a general allowance and usage the Ecclesiastical Court held Plea of Tithes Oblations Obventions Mortuaries Redemption of Penance Laying of violent hands on a Clark Defamations c. yet did not the Clergy think themselves assured nor quiet from Prohibitions purchased by subjects till King Edward the second by his Letters Patents under the Great Seal Staâ— 9 Edw. 2. Artic. cler ca. 16. in and by consent of Parliament upon Petition of the Clergy had granted them Jurisdiction in those cases An Excommunication by the Archbishop Finzh Excom 4.16 Ed. 3. Broâ—k Excom pl. 5.14 H. 4. although it be dis-annulled by the Pope or Legate is to be allowed Neither may the Judges give any allowance of any such sentence of the Pope or his Legate And it hath often bin adjudg'd 30 Ed 3 Lib. Assiz pl. 19.12 Ed. 4.16 and declared That the Pope's Excommunication is of no force in England It is often Resolved in our Books that all the Bishopricks in England were founded by the King's Progenitors and the Advowsons vowsons of them all belong to the King and at first they were * Per traditionem annuli pastorasis baculi Donative And that if an Incumbent of any Church with cure dyes if the Patron Present not within six months the Bishop of that Diocess ought to collate that the cure be supply'd if he neglect by the space of six moneths the Metropolitan of that Diocess shall confer one unto that Church and if he also neglect six moneths then the Law gives to the King as Supreame within his own Kingdom and not to the Pope power to provide a Pastor The King may not only exempt any Ecclesiastical Person from the Jurisdiction of the Ordinary but may grant unto him Episcopal Jurisdiction as it appears the King had done of antient time to the Archdeacon of Richmond 17 Ed 3.13 20 Ed. 3. And the Abbot of Bury was exempted from Episcopal Jurisdiction by the King's Charter The King Presented to a Benefice 21 Ed. 3.40 and his Presentee was disturbed by one that had obtained Bulls from Rome for which offence he was condemned to perpetual imprisonment If Excommunication be the final end of any suit in the Court of Rome as indeed it is and be not allowed Fitzh Nat. Br. fo 64. f. or allowable in England as it hath often bin Declared It then follows that by the Ancient Common Law of England no suit for any cause though it be spiritual arising within this Realm may or can be determined in the Court of Rome Quia frustra expectatur eventus cujus effectus nullus sequitur At a Parliament held An. Stat. 25 Ed. 3. de Provisorib 25 Edward the third It was Enacted That as well they that obtained Provisions from Rome as they that put them in execution should be out of the King's Protection and that they should be dealt withal as the King's Enemies and no man so dealing with them should be impeached for the same At a Parliament held An. Stat. 16 Ric. 2. cap. 5. 16 Ric. 2. It is declar'd That the Crown of England hath bin so free at all times that it hath bin in subjection to none but immediately subject to God and none other and that the same ought not in any thing touching the Regality of the said Crown to be submitted to the Bishop of Rome nor the Laws and Statutes of this Realm by him frustrated or defeated at his Will And the Commons in that Parliament affirmed that the things attempted by the Bishop of Rome be clearly against the King's Crown and his Regality used and approved in time of all his Progenitors in which points the said Commons professed to live and dye and to all which the Lords assented also as being thereto bound by their Allegiances It is resolved that the Pope's Collector 2 Hen. 4 fo 9. though he have the Pope's Bull for that purpose hath no Authority within this Realm And there it is said That the Archbishops and Bishops of this Realm are the King 's spiritual Judges And in another place it is said Papa non potest mutare Leges Angliae 11 Hen. 4. fo 37. Per Curiam In the raign of King Henry the sixth 1 Hen. 7. fo 10. the Pope wrote Letters in derogation of the King and his Regality and the Church-men durst not speak any thing against them But Humfrey Duke of Glocester for their safe keeping put them into the fire In the raign of King Edward the fourth 1 Hen. 7. fo 20. the Pope granted to the Prior of St. John's to have Sanctuary in his Priory and this was pleaded and claim'd by the Prior but resolved by the Judges Keilway Reports 8 H. 8. fo 191. b. That the Pope had no power to grant any Sanctuary within this Realm and therefore the same was disallowed by Judgement of Law In Brook Tit. Presentation al Esglise Bro. Present al Esglise p. 12. It is affirmed That the Pope was permitted to do certain things within this Realm by usurpation and not of right untill the Raign of King Kenry the eighth quod nota sayes the Book Stat. 24 Hen. 8. ca. 12.25 H. 8.21 And in what esteem the Pope's Authority here was in that King's time may sufficiently be collected from the Tenor and Purview of the Statutes about that affair in his raign made In the raign of King Kenry the sixth Henry Beaufort Uncle to the King being Bishop of Winchester was made Cardinal and thereupon purchased from the Pope a Bull Declaratory that he might still hold his Bishoprick yet it was held and adjudged that the See of Winchester was become void by the assumption of the Cardinalship and therefore the Cardinal fallen into a Praemunire 4 Hen. 6. in Arch. Turr. Lond. for which he was glad to purchase his pardon as by the Records of all this it doth appear It was Adjudged in the Court of Common Pleas Dier 12 Eliz. by Sir James Dyer Weston and the whole Court That a Dean or any other Ecclesiastical Person may resign as divers did to King Edward the sixth Vid. Grend ca. in Plowd Com. for that he had the Authority of the Supream Ordinary With all this may be noted also the several Statutes heretofore made against the usurpations of the Bishops of Rome in this Kingdom the principal whereof these viz. Stat. 25 Ed. 3. de Provisorib Stat. 27 28 Ed.
this clause or words non obstante was first invented and used in the Court of Rome whereupon Marsil Petav. pronounces a dreadful Vae against that Court for introducing this clause of non obstante as being a bad president and mischievous to all the People of Christendom for when the Temporal Princes perceived the Pope to dispence with his own Canons they made no scruple to imitate him and dispence with their Penal Laws and Statutes Vid. le Case de Penal stat in Coke 7. Rep. and hereupon one Canonist said thus Dispensatio est vulnus quod vulnerat jus commune and another thus That all abuses would be reform'd if these two words viz. non obstante did not hinder And Matt. Paris reciting several Decrees made in the Council of Lions beneficial to the Church Mat. Paris in An. 1245. says thus Sed omnia haec alia per hoc repagulum non obstante infirmantur But now to return We have seen how by several steps and gradations it was after the Norman Conquest that the Court of Rome usurp'd upon the Crown of England in four main points of Jurisdiction under four of our Kings not immediately succeeding for of King Will. Rufus the Pope could gain nothing viz. 1. Upon the Conquerour by sending Legats or Commissioners to hear and determine Ecclesiastical causes and other purposes 2. Upon King Hen. 1. the Donation and Investiture of Bishopricks and other Benefices 3. Upon King Stephen in drawing of Appeals to the Court of Rome 4. Upon King Hen. 2. in the exemption of Clerks from the secular Power all rivetted and clinch'd by the new Decrees and Canons which were continually multiplyed and obtruded here and all this notwithstanding the generous resistances which at several times were made to all Neither would all this satisfie till an entire surrender of the Crown it self was obtain'd from King John re-granted him again to hold in Fee-Farm and Vassallage of the Court of Rome For it was both before in and after this King's time that by the boldness and activity of strangers and treachery or pusillanimity of subjects co-operating with the weaknesses and necessities of Princes the Papacy arrived to that height as to domineer in a most intolerable way both over the Purse the Conscience the Regality and all the most weighty concernments of the Nation Now to redress all this some unequal resistances were at divers times made Vid. Mat. Paris in H. 3. in toto King Hen. 3. was totally born down and his Kingdom and subjects reduced to utter poverty and slavery by this usurpation After him comes the noble King Edw. 1. who truly may be stiled Vindex Libertatis Anglicanae at his Father's death he was abroad in the Holy Land but no sooner return'd and Crown'd and finding his Kingdom in such a bad plight his first work was to put some stop to the career of Papal incroachments For the Pope having then summoned a General Council he would not suffer his Bishops to repair to it till he took a solemn Oath of them for their Loyalty and good abearing Then the Pope forbidding the King to War against Scotland he slights his prohibition and proceeds The Pope demands the First Fruits of Ecclesiastical Livings but the King forbids the payment thereof to him The Pope sends forth a general Bull prohibiting the Clergy to pay Subsidies to Temporal Princes whereupon a Tenth being granted to the King in Parliament the Clergy refused to pay it but the King seiseth their Temporalties for the Contempt and obtained payment notwithstanding the Pope's Buâ— After this he made the Statute of Mortâ—â—ain that the Church might not grow monstrous in temporal possessions In his time one of his subjects brougth in a Bull of Excommunication against another and the King Commanded he should be executed as a Traitor according to the ancient law but the Chancellor and Treasurer on their knees begged that he should be only banished He caused Laws to be made against bringing in of Bulls of Provision and Breves of Citation and made the first Statute against Provisors His Successor King Edw. 2. being but a weak Prince suffered the Pope to grow upon him but then the Peers and People withstood him all they could and when that unhappy King was to be depos'd amongst the Articles fram'd against him one of the most hainous was That he had given allowance to the Pope's Bulls After him King Ed. 3. a magnanimous Prince couragiously resisted the Pope's incroachments and caused the Statutes against Provisors to be severely put in execution and the Bishops of Winchester and Ely and Abbot of Waltham convicted and punished for their high contempts Yet during the nonage of King Rich. 2. the Pope's Bulls Stat. 16 R. 2. ca. 5. Breves and Legats became very busie and daring again whereof the People became so sensible and impatient that upon their special prayer the Stat. 16. R. 2. of Praemunire was enacted more severe and penal than all the former Statutes against Provisors and yet against this King as against King Ed. 2. it was objected at the time of his depose that he had allowed the Pope's Bulls to the enthralling of the Crown After this comes a weak King Hen. 6. and then another attempt was made if possible to revive the usurped Jurisdiction for the commons denying the King money when he was in great wants the Archbishop of Canterbury and the rest of the Bishops offered the King a large supply if that he would consent that all the Laws against Provisors and especially that of 16 Ric. 2. might be repealed but the Duke of Glocester who before had burnt the Pope's Letters caused this motion to be rejected so that all those Laws by especial providence have stood in force untill this day All which with the Resolutions and Judicial Judgements before specified founded upon the ancient and good Laws of the Land have enabled our Kings at all times since to vindicate the just Rights of their Crown But King Hen. 8. designing a further Reformation which could not be effected whilest the Pope's authority had any life in England took this course First he writes to the Universities the Great Monasteries and Churches in his Kingdom and in particular May 18. 1534. to the University of Oxford requiring them as men of vertue In Archivis Oxon. ad An. 1534. Antiq. Eccl. Brit. fo 384. 37. Integrity and profound Learning diligently to examine discuss and resolve a certain Question of no small import viz. An Romanus Episcopus habeat majorem aliquam jurisdictionem sibi collatam in Sacra Scriptura in hoc regno Angliae quam alius quivis externus Episcopus and to return their Opinion in Writing under their common seal according to the meer and sincere truth thereof To which after mature deliberation and examination not only of the places of the Holy Scriptures but of the best Interpreters of the same for many days they returned Answer Jun. 27. 1534.
much upon the Clergy afterward though the King and Temporal Lords oftentimes prov'd sturdy Matt. Paris fo 361 362. For Pope Gregory the ninth An. D. 1229. demanded a Tenth of the moveables both of the Lay and of the Clergy to which the Lords would not consent Nolentes Baronias vel Laicas possessiones Rom. Ecclesiae obligare but the Clergy with some grumbling pay'd it And eleven years after he demanded a fifth part of the goods of the Clergy upon which great debate was taken Matt. Paris An. 1240. fo 536. the Clergy appealing to the King that they held their Baronies of the King and could not charge them without his consent that having before given a Tenth this again of a Fifth might create a custom with divers other weighty reasons But all would not do for the King was not against it and the Archbishop for his private ends beginning to deposite all were drawn in at last to pay which occasion'd that complaint the year following Id. fo 549. That there remain'd not so much treasure in the Kingdom as had in three years bin extorted from it the vessels and ornaments of the Church excepted But notwithstanding that reluctancy Matt. Paris fo 549. 666. 701. notwithstanding that notable Remonstrance preferred in the Council of Lions An. D. 1245. from the body of the Kingdom of the heavy burdens the Nation lay under by the exactions of Rome and likewise to the Pope himself the year following Pope Innocent the fourth invented a new way to charge every Religious House to find a number of Souldiers yearly for his service and to fight for the Church militant and about the same time attempted also ut si Clericus extunc decederet intestatus ejusdem bonas in usus D. Papae converterentur that is the Pope would make himself heir or Executor to every Clark that should dye intestate and not long after it was that he received from the Clergy eleven thousand Marks as an addition to six thousand he had receiv'd the year before And then and from that time the Pope made no spare to drain and exhaust the English Clergy at his pleasure to the shameful scandal of the Holy See at that time and to the notorious ignominy poverty and contempt of this Church and the Clergy thereof Matt. Westm Flor. Hist in An. 1301. And of these times it was that Matthew Westminster makes this complaint Porro illis diebus sal terrae caput vulgi in magnum Hydropem ceciderunt quanto enim plus pecuniam humorem hauriebant tanto amplius eam sitiebant Sedit ergo in tristitia fidelium Ecclesia deducta per vocales tutores suos miserabiliter sub tributo In those dayes the Head of the people was fallen into a dropsie which the more money it suck'd in the more it thirsted after more therefore the Church of the faithful sat disconsolate being by her Governours brought under a most miserable tribute and servitude An. D. 1302. Annal. of Ireâ— in Camb. Brit. fo 163. At this time also it was that these grievous exactions reached into Ireland recorded in the Annals thereof That the Tenths of all Ecclesiastical Benefices in England and Ireland were exacted by Pope Boniface the eight for three years as a Subsidy to the Church of Rome against the King of Arragon Neither did our Hyperborean neighbours escape Scot-free in this deluge of exaction Tho. Walsing Hist fo 48. Ypodig Neust fo 89. Flor. Hist in Ed. 1. fo 417. H. Knighton Coll. c. Pol. Vergil Fabian Speed c. Nay no less there would satisfie the Pope but the whole Kingdom for it was that Boniface the eight that then claimed the whole Realm of Scotland as part of St. Peters Patrimony against our K. Edward the first and sent his Bull of demand to the King for that purpose between whom there passed several Answers and Replies in the point and the conclusion was That the incroaching Pope was glad to sit down worsted in the cause the transactions of all which stand registred amongst the Tower Records exemplified at large to posterity by Walsingham Matthew Westminster Knighton and more briefly by others But all this while the poor Clergy languished being continually pill'd poll'd and squeezed by the unlimited avarice of this Pope and his successors emptying the Kingdom of its money and filling it with complaints the product of its poverty CHAP. IV. King John 's Pension THe troublesom raign of our King John is sufficiently related by all our Historians in whose straits the Pope appeared sometimes for him and sometimes against him but once taking him in a great exigence Jo. Serres Hist in Phil. August Matt. Paris in An 1213. fo 236. the King was wrought upon to surrender his Crown to Pandulfus the Pope's Legate and substitute laying the same with his Scepter Robe Sword and Ring the Royal Ensigns at his feet subscribing also as is said to a Charter whereby he surrendred his Kingdom to the Pope and professing that thence forward he would hold his Crown as a Feudatary to the Pope and paying an annual Pension or Tribute of 1000 marks for both his Kingdoms of England and Ireland the insolent behaviour of the Legate at this the Historians fully describe which I list not now to insist on but cannot but remember that Matt. Paris says that with this Charter and 10000 l. sterl in hand Id. fo 237. Pandulfus goes triumphing away to Rome But then when or how long after this yearly rent or tribute of 1000 marks was paid our Writers seem not to agree though all concur in the invalidity of the surrender Vid. Speed Chron. in vita Johan Rot. Parl. An. 40 Ed. 3. And at a Parliament held at Westm An. 40 Ed. 3. the Chancellour then Bishop of Ely declared to the Lords and Commons How the King understood that the Pope for the Homage that K. John did to the See of Rome for the Realms of England and Ireland and for the Tribute by him granted meant by Process to cite the King to Rome to Answer thereunto wherein the King required their advice The Bishops for themselves desired respite of Answer till the next day as also did the Peers and Commons at which time the whole Estate came together and by common consent Enacted and Declared That forasmuch as neither King John nor any other King could bring this Realm and Kingdom in such thraldom and subjection but by common assent of Parliament the which was not done And therefore that which he did was against his Oath at his Coronation besides many others causes If therefore the Pope should attempt any thing against the King by process or other matters in deed that the King with all his Subjects should with all their force and power resist the same Then for the Tribute or Pension of 1000 marks it appears to have been sometimes paid with intermissions for Pope Honorius having gratified K. Hen.
Secundus Salutem Apostolicam benedictionem Charissimum in Christo filium nostrum Henricum Angliae Regem illustrem quem peculiari caritate complectimur aliquo insigni Apostolico munere in hoc regni sui primordio decorandum putantes mittimus nunc ad eum Rosam auream Sancto crismate delibutam odorifico musco aspersam nostrisque manibus de more Rom. Pontificum benedictam quam ei e tuâ fraternitate inter missarum Solemnia per te celebranda cum ceremoniis in notula alligata contentis dari volumus cum nostra Apostolica benedictione Datum Romae apud Sanctum Petrum sub annulo Piscatoris Die quinto Aprilis Anno Millesimo quingentesimo decimo Pontificatus nostri Septimo In the Irish rebellion in the raign of Queen Elizabeth Camâ— Eâ—â—zab the Pope as a token of favour sent to Desmond a principal Leader amongst the Rebels a gracious Agnus Dei and a hallowed Ring â—rom his own finger which Desmond wore about his neck as a charm or preservative against all dangers But his traitorous Consederates being beaten and dispers'd this pittiful deluded favourite wander'd a long time in the woods and bogs till at last almost starved he was found in a poor Cattage and notwithstanding his Defensative had his head cut off by a common Souldier Afterwards Speed Chronâ— in Elizâ—b in another rebellion in Ireland the Pope sent to Tir-Oen the grand Ringleader for his incouragement certain Indulgences and a precious Plume of Phoenix feathers for a Trophey of his victories but they proved but Icarus wings whereby he soared the higher to get the more miserable fall Sometimes again the Pope Bishop Carlton's Remem cap. 4. fo 39. Greg. 13. out of good Husbandry rewards or incourageth his Creatures with Titles of Honour as Thomas Stukeley an Arch Traitor to Queen Elizabeth was by the Pope Created Marquesse of Lagen Earl of Wexford and Caterloghe Vicount of Morough and Baron of Rosse all famous places in Ireland And it was the Pope's design if Stukeley's Rebellion had succeeded Boon Companion to have made his Son James Boncompagno King of Ireland CHAP. XI Collections COllections and Contributions set on foot and vigorously promoted for divers purposes was another means of draining great summs frequently out of the Kingdom And amongst these Contributions for relief of the Holy Land as well for the quantity of the summs as for the misimployment were very considerable but of that we will note more anon in a Chapter apart for that purpose And here we will take notice of some other occasions for which such Collections were made King John to gratifie the Pope granted license and safe Conduct to the Fryers of the Hospital of St. Maries in Rome to Preach and make Collections throughout England for the maintenance of their House built by the Pope as appears by his Letters Patents Pat. 15 Johan m. 7. nu 20. Rex omnibus suis fidelibus tam Clericis quam Laicis c. Salutem Sciatis quod concessimus fratribus Hospitalis S. Mariae in Saxia apud Romam licentiam praedicandi in regno nostro Angliae fideliâ—m eleemosynas caritative petendi accipiendi ad sustentationem pauperum praedicti Hospitalis secundum formam privilegii Apostolici quod inde habent c. Teste moipso apud Rading 10. Die Decembris Anregni nostri 15. In the seventh year of King Edward the first some counterfeit Fryers Bre. Reg. 7 Edw. 1. in Turri Lond. Pro fratribuâ— S. Antonii of the Order of St. Anthony of Vienna wandring abroad and Collecting Alms throughout England the King upon Complaint thereof issued out his writ for their apprehension The Abbots of the Cistercian and Praemonstratensian Orders beyond the Seas Bundel Inq. An. 26 Ed. 1. imposing subsidies Aides and Contributions on the Monasteries of their Orders in England then under them whereby much money wools and other Commodities were transported out of England to the great grievance and mischief of the Kingdom King Edward the first issued out writs to all the Sheriffs of England to inquire of those abuses and to stop the current of them As by the said writs still preserved upon Record it doth appear And afterwards to stop the like exportation of moneys and Goods for they would not be brought totally to give over the same King Pat. 27 Ed. 1. Pro Abbate de Gerendon by his special writ prohibited all of the Cistercian Order except one viz. the Abbot of Gerendon Com. Leic. who was of that Order to presume to go beyond the Seas on that account So the Abbot of Cluny sending his Proctors into England to demand and Collect great summs of money from the Monasteries and Priories of their Order here and on all Ecclesiastical persons on whom they had conferred Benefices without the King's license the King sent out his Writs as well to the said Proctors to inhibite their proceedings as also to the Warden of the Cinque Ports not to permit any Monk of that Order or any other Servant or Messenger to pass the Seas or carry over any moneys without his special license the writ to the Warden of the 5. Ports was thus Rex dilecto fideli suo Roberto de Burghersh Custodi Quinque Portuum suorum Claus 28 Ed. 1. m. 14. Salutem Datum est nobis intelligi quod Abbas Cluniacensis quosdam ex suis Monachis in Angliam specialiter destinavit ad petendum levandum c. reciting the occasion at large Ideo vobis mandamus firmiter injungentes quod nullum Monachum Ordinis praedicti vailettum seu alium nuncium quemcunque pecuniam deferentem ad partes transmarinas transire permittatis sine nostra licentia speciali Teste Rege apud Blidam c. The like mandate went out afterwards to the Constable of Dover Claus 29 Ed. 1. m. 8. dorso and Warden of the Cinque Ports not to permit any Canon Valet or other Messenger of the Order of the Praemonstratenses to carry any moneys or to pass out of England without the King 's special license as was done before for Cluny But yet so prevalent were these begging Fryers by their importunities and favourers that the Monastery of Cluny having sustained great losses and being deeply in debt as was suggested the King notwithstanding his former Prohibitions was perswaded to grant to the Abbot thereof and his Agents to come and collect an Aid and relief from all the Cells and Monasteries here subject to that Order and from all their Tenants within his Dominions with full protection and incouragement so to do Cl. 34 Ed. 1. Pro Abbate Cluniacensi as by his Patent for that purpose remaining upon Record and too long to be here inserted it doth appear And upon such and the like occasions it was that sometimes privately and at other times openly and with the King's license Collections and Contributions were fet on foot and carryed on throughout
injoined such penances as made to the prejudice of the sinners purse but their own profit Of the Exorbitances of these cloister'd Monks and Fryers many examples might be produced as of their Ribauldry Lechery Quarelling Fighting Idleness Cheating Thieving Debauchery Gluttony c. all maintain'd by the People's money but we will here content our selves with one instance only Cook 4 Insti c. 11. fo 112. King Edward the first about the latter end of his raign having collected a vast summ of money to carry on his warr against the Scots and layd it up in his Treasury at Westminster his Treasury was broken up in the night and one hundred thousand pounds in money besides Plate and Jewels stol'n out of it by the Abbot and Monks of Westminster and their confederates whereof eight and forty Monks with the Abbot were apprehended and sent Prisoners to the Tower and by Inquisition and examination of witnesses it appeared that divers of the Monks and other persons in the night time were seen often passing to and fro the Kings treasury Pat. 31 Ed. 1. m. 23. dors De inquirend de thesaurar Regis fracto and the Abby carrying bundles in their arms and laps and that they conveyed away by water great hampers that were very heavy and some part of the King's Plate and Jewels were found and seised in London and other places upon which the Monks were long detained in prison till afterwards released by the King 's special command when he repaired to Westminster to give thanks to God for his Victories over the Scots Matthew Westminster Matt. Westm An. 1303. a Monk of that Abby minceth this story of the Robbery of the Kings Treasury in favour of the Monks and sayes that only Ten of them were imprisoned when it appears by the Record that 48 of them Cook ut Supra with the Abbot were imprisoned and Indited for it And upon this occasion it was that the Court of Exchequer sometimes called the Novel Exchequer was new built Chanterys Free-Chappels and Colledges as they were instituted and employed spent and exhausted huge summs of money and revenues the purposes of which expence will appear in the brief description of the nature of those Foundations A Chantery so called à Cantando was a Chappel commonly annexed to some Parochial Chantery Collegiate or Chathedral Church endowed with Lands or some other yearly revenues for the maintenance of one or more Priests daily to sing Masse Vid. Stat. 37 H. 8. ca. 4. 1 Ed. 6. ca. 14. for the souls of the Donors or Founders and such others as they did appoint Now the exact number of all these in England cannot be known for they were very numerous but if at Mathematician measured Hercules by his foot a probable conjecture may be made of them from those which were founded in the Chathedral of St. Paul in London for in the second year of King Ed. the sixth a certificate was returned by the Dean and Chapter of St. Paul's to the King's Commissioners affirming that they had seven and forty Chanterys in that Church according to which proportion there was certainly a vast revenue swallowed up by them throughout the whole Kingdom For there was not a Cathedral or Collegiate Church in England but some number of Chanterys were founded in them and in many Parochial Churches also And if the modell of the Country Churches be observed very often some additional building or excrescence appears differing from the old or first Fabrick erected and used for these Chanterys And that the nature and use of these may be the better apprehended we will here specifie the Foundation and Ordination of one of them viz. Thomas de Pakinton in the year 1348. W. Duadale Amiq. Warw. in Chelmscote An. 22. Edward the third founded a Chantery at Chelmescote in Warwickshire and setled Lands and Tenements of a good value to maintain four Priests to sing Mass for his Lord the Earl of Warwick his Countess Children and Ancestors as also for himself his Parents Kinsfolks and their posterity and for the Souls of all faithful people deceased in manner following viz. Two of them which were to inhabite near the Chappel at Chelmscote every day to sing the Mattens of the day and of the blessed Lady with all Canonical hours distinctly and openly and to sing Mass daily viz. one of them every Sonday and on the great Festivals and on Monday the Mass of the holy Trinity Tuesday of St. Thomas the Martyr on Wednesday of St. Katherine and St. Margaret Thursday of Corpus Christi Friday of the holy Cross and Saturday of the Annunciation of our Lady The other Priest to celebrate every day the Mass of Requiem for the Souls of all faithful departed this life and in every Mass to say 7 Collects one of the celebration of the Mass the second for him the said Thomas de Pukinton viz. Deus qui Caritatis c. the third also for him after his death Deus cujus misericordiae c. the fourth of St. Thomas the Martyr the fifth of the Annunciation of the blessed Virgin the sixth for the Souls of the deceased beginning with Inclina the seventh the general Collect which beginneth Sanctissima Dei genetrix Maria especially naming therein the said Earl his Countess and Children and him the said Thomas de Pakinton and all his kindred and upon all Holy dayes to say a Placebo and Dirige with special commendation of the Souls of the Persons before spoken of and the souls of all the faithful deceased Likewise he ordained that the other two Priests should live together near the Church and be daily present therein at Mattens and all other Canonical hours to joyn with the other Priests except just cause and hinderance happened and daily sing Mass at the Altar near his Fathers grave And that all these Priests before their admission to these Chanterys should take their corporal Oaths to observe all the Orders to their utmost power And this Ordination containing several other particulars was confirm'd by the Canons of Kenilworth Rectors of the Church by John de Chelmescote Vicar the Earl of Warwick and Bishop of Worcester Free-Chappels were such as were founded Free-Chappels and endowed and had no relation unto or dependance on a Mother-Church saving only the right of Sepulture and these were greater than Chanterys having greater Revenues and more room for Priests and more Priests for that room to fing Mass and pray for the souls of the Founders and others according to the institution Colledges were Foundations of like nature Colledges and though fewer in number yet were richer than both the former amongst which the Colledge of Fotheringhay Speed Catal. in Northampt. in Northamptonshire was yearly valued at four hundred nineteen pounds eleven shillings ten pence half-penny For the Offices and imployments of the Priests in these and the Free-Chappels maintained they were much of the nature of Chanterys of
matters into his care and cognisans He call'd Synods and Councils and ratified their Canons into Laws He routed the Conventicles of the Donatists made Edicts concerning Festivals the Rites of Sepulture the immunities of Churches the Authority of Bishops the Priviledges of the Clergy with divers other things relating to the outward Politie of the Church In which affair he was carefully followed by his Successors as evidently may appear to all conversant in the Civil Law And the aforesaid Stephen Gardiner in that his notable Oration of true Obedience makes instance in the Roman Emperour Justinian who with the approbation of all the world at that time set forth those Laws of the most Blessed Trinity the Catholique Faith Justiniani factum qui leges edidit de Trinitate de fide Catholica c. Steph. Wint. Orat. fo 19. of Bishops and Clergy-men and the like The like also appears by the most famous Partidas set forth by Ferdinando the Saint and his Son Alphonso for the antient Kingdoms of Castile Toledo Leon and others of Spain celebrated in the Spanish Histories Correspondent to which also hath bin the practice of the Kingdom of France Lew. Turquet Hist of Spain whose Kings have ever been esteemed in some sence the Heads of their Church and this is the reason that the opening their most ancient Councils under the first and second the Merovingian and Caroline line was ever by the power and authority and sometimes the presidency of their Kings and Princes It being a noted saying in one of their Councils Câ—ncil Parisienâ— 6. lib. 2. cap. 2. Cognoscant Principes Seculi se Deo debere rationem propter Ecclesiam quam à Deo tuendam accipiunt And according to this Doctrine C d. Lâ—g Antiq Gall. fâ— 827. Lâ—ndenbrog for matters of Church or State of Charls the Great Ludovicus Pius Lewis le Gros Pepin and others collected by the French Antiquaries And at this day generally amongst the Lawyers and most learned of the French Nation it is held and declared Vid. le Reâ—â—w de le Council de Trent Boreâ— lib. 4. de Decret Eccl. Gall. That the Bishop of Rome was anciently the First and chiefest Bishop according to the dignity of of Precedency and order not by any Divine institution but because Rome was the chief City of the Empire That he obtained this Primacy over the Western Church by the grace and gift of Pepin Charls the Great and other Kings of France And that he hath no power to dispose of temporal things That it belongs to Christian Kings and Princes to call Ecclesiastical Synods to establish their Decrees to make wholesome Laws for the government of the Church and to punish and reform abuses therein That the Laws whereby their Church is to be governed are only the Canons of the more ancient Councils and their own National Constitutions and not the Extravagants and Decretals of the Bishop or Court of Rome That the Council of Constance assembled by Sigismund the Emperour with a concurrent consent of other Christian Princes Decreeing a General Synod or Council to be Superior to the Pope and correcting many abuses in the Roman Church which yet remain in practice was a true Oecumenical Council as also was the Council of Basil That the Assembly of Trent was no lawful Council and the Canons thereof rather to be esteemed the Decrees of the Popes who call'd and continued it than the Decrees of the Council it self and that in regard the number of Bishops there met was but small bearing no proportion to the import of a General Council as also the greatest part of those present were Italian and Vassals to the Pope and nothing there resolved on but what was before determined at Rome which then occasion'd this infamous by-word That the Holy Ghost was carryed in Cloak-bags every Post from Rome to Trent That the Sacrament of the Lords Supper ought to be administred under both kinds and that at the least a great part of Divine Service ought to be performed in the vulgar Tongue Thus far the French and Many the like instances might here be added to the same purpose but yet under favour all Crowns Imperial must give place in regard of this one Flower or Jewel of Ecclesiastical Jurisdiction to the Crown of England For as the first Christian King that ever the world saw is recorded to have been of this Island the renowned Lucius so is he intimated to be the first that ever exercised Ecclesiastical Jurisdiction being directed thereunto by Pope Eleutherius Vâ—d Eleuth Epist to fetch his Laws by the advice of his Council out of the Old and New Testament and by the same to Govern his Kingdom wherein he was God's Vicar According to which advice the Brittish Saxon Danish and first Kings of the Normans have governed their Churches and Church-men as may appear by the Laws by them for that purpose made Archaionem Analect Angl. Brit. li. 1 2. Hist Cambr. fo 59. Jo. Brompton c. and lately exhibited to the publick by Mr. Lambard Mr. Selden Dr. Powell and others Neither can any Ecclesiastical Canons for Government of the English Church be produced till long after the conquest which were not either originally promulged or afterwards allowed either by the Monarch or some King of the Heptarchy sitting or directing in the National or Provincial Synod Nay in the after usurping times there is to be seen the Transcript of a Record An. Manus Chronic Abb. de Bello Vide the like Charter of exemption to the Abbot of Abbindon by Kâ—nulphus in Stanf. pl. Cor. l. 2. fo 111. b. 1 Hen. 7. fo 23 25. 3 Hen. 2. wherein when the Bishop of Chichester opposed some Canons against the Kings exemption of the Abby of Battel from Episcopal Jurisdiction the King in anger replyed Tu pro Papae authoritate ab hominibus concessa contra dignitatum Regalium authoritates mihi à Deo concessas calliditate arguta niti praecogitas Dost thou go about by subtilty of Wit to oppose the Pope's authority granted by the connivence of men against the authority of my Regal Dignity given by God himself And thereupon requires reason and justice against the Bishop for his insolence And thus it is most easily demonstrable that the Kings of England have had these Flowers of Ecclesiastical Jurisdiction planted in the Imperial Crown of this Realm even from the very beginning of the Christian Monarchy in this Island where we hope they have now taken such root that neither any Fanatick whispers at home nor the roaring of any Romish Bulls from abroad will ever be able to shake or blast the same And from hence was the Resolution of our Judges mentioned before in the Case of Cawary Cook 5. Rep. De Jure Reg. Eccl. that the said Statute made in the first year of the Queen concerning Ecclesiastical Jurisdiction was not introductory of a new Law but Declaratory of the old which appears
or Scottish Bishop happening into their Company he would neither eat with them nor under the same roof where they were as Mellitus Laurentius and Justus complained in an Epistle of theirs to the Scots Bishops For the Saxons though King Ina Larga Reg is Benignitas or some other gave the Peter-pence partly as Alms and partly in recompence of a house erected in Rome for entertainment of English Pilgrims Yet it is certain that Alfred Athelstan Edgar Edmund Canutus Edward the Confessor so called and divers other Kings of the Saxon race gave all the Bishopricks of England per annulum baculum without any other Ceremony or any application to Rome as was usual by the Emperour the French King and other Christian Princes so to do as also in all their Laws for the Government of the Church here they consulted only with their own Clergy without any regard to the Authority of Rome But under the Norman Conquest the Papal usurpation march'd in for as the Conquerour came in with the Pope's Banner So either by the way of complemental gratitude or surprize the Pope presently layd hold upon part of the purchase as boasting all was gain'd by his aid and blessing And thereupon he sent two Legats into England favourably received by the Norman by whom a Synod of the Clergy was convened Will. Malm. de gest Ponâ—if Angl. lib. 1. fo 204. Rog. Hoveden pa. prior fo 453. and old Stigand Archbishop of Canterbury deposed because he had not purchased his Pall in the Court of Rome and many other Bishops and Abbots displaced on supposal for the like reasons of the invalidity of their Titles but speciously to place the Normans in their rooms or rather ultimately to introduce the Papal authority in cases of the Church Amongst these is to be noted that the King having earnestly moved the old Bishop of Worcester Matt. Paris Hist in Will 2. fo 20. Wulstan to give up his Staff his answer was that he would only give it up to him of whom he first receiv'd the same and so the old man went to St. Edwards Tombe and there offer'd up his Staff and Ring with these words Of thee O holy Edward I received my Staff and Ring and to thee I now Surrender the same again not acknowledging any authority in the Pope or in any other on his behalf to receive or dispose them as Matthew Paris relates the story at large And though the Conqueror did thus Complement the Pope in the admission of his Legates and some other small matters yet how far he really submitted himself appears by an Epistle to Gregory the seventh by him wrote thus Excellentissimo S. Eccl. Pastori Gregorio Gratia Dei Anglorum Rex Dux Normannorum Willielmus Salutem cum amicitia Hubertus tuus Legatus ad me veniens ex tua parte me admonuit ut tibi successoribus tuis fidelitatem facerem de pecunia quam antecessores mei ad Romanam Ecclesiam mittere solebant melius cogitarem unum admisi alterum non admisi fidelitatem facere nolui nec volo quia nec ego promisi nec antessores mees antecessoribus tuis id fecisse comperio Pecunia tribus fere annis in Gallia me agente negligenter collecta est nunc vero divina misericordia me in regnum meum reverso quod collectum est per praefatum Legatum mittetur quod reliquum est per Legatos Lanfranci Archiep. fidelis nostri cum opportunum fuerit transmittetur c. But in the time of his next successor K. Will. Rufus a further attempt was made that is to draw Appeals to the Court of Rome and that appears in the noted transactions with Anselme Archbishop of Canterbury at large reported in our stories And afterwards in the time of King Henry the first another step was made viz. to gain to the Pope the Patronage and Donations of Bishopricks and other Benefices Ecclesiastical at which the King taking courage writes roundly to the Pope thus Notum habeat Sanctitas vestra Hist Jorvall Coll. quod me vivente Deo auxiliante dignitates usus regni nostri non minuentur si ego quod absit in tanta me directione ponerem magnates mei imo totius Angliae populus id nullo modo pateretur Notwithstanding which upon the regress or restoring of Anselme and some difficulties that pressed the King in reference to his elder Brother Robert Matt. Paris in Hen. 1. fo 63. in a Synod held by Anselme at London in the year 1107. a Decree passed Cui annuit Rex Henricus statuit as Matthew Paris saith ut ab eo tempore in reliquum nunquam per donationem baculi pastoralis vel annuli quisquam de Episcopatu vel Abbatiaper Regem vel quamlibet laicam manum investiretur in Anglia But yet with this clause of salvo Sr. H. Spelâ— Concil Tom. 2. fo 28. Suis tantum juribus regalibus sepositis exceptis as appears in the Exemplification of the Acts of that Synod by the learned Collector of our English Councils In recompence whereof the Pope that there might be quid pro quo yielded to the King that thenceforth no Legate should be sent into England without the King's leave and that the Archbishop of Canterbury for the time being should be for ever Legatus natus and for the honour of the See it was obtained that the Archbishop of Canterbury should in all General Councils sit at the Pope's foot tanquam alterius orbis Papa But this agreement was soon broken on both sides the Pope sending his Legates and the King resuming the Investiture of Bishops Matr. Paris fo 65. as the same Historian relates in divers instances In the next troublesome raign of King Stephen it was won clearly that Appeals should be made to the Court of Rome established in a Synod at London Speim Concil Tom. 2. fo 44. held by Henry Bishop of Winchester the Pope's Legat for before that time In Anglia namque Appellationes in usu non erant as un unquestionable Historian hath it donec eas Henricus Wintoniensis dum Legatus esset Hen Huntingdon lib. 8. fo 395. malo suo crudeliter intrusit in eodem namque Concilio ad Romani Pontificis audientiam ter appellatus est And in the raign of King Henry the second began the claime and usage of exempting Clarks from the secular Power whatever their crimes were And from this root sprang the famous contention between this King and his Archbishop Thomas Becket together with the Constitutions of Clarendon for the rectifying that abuse at large to be read and observed in the Historians of those times To all this it will be but pertinent to subjoine some brief disquisition touching the Canon Law how and by whom compiled and when introduced into this Iland under which where admitted no small part of the Papal authority was neatly and artificially drawn in For which
Romanum Episcopum majorem aliquam Jurisdictionem non habere sibi à Deo collatam in Sacra Scriptura in hoc regno Angliae quam alium quemvis Externum Episcopum Conformable to which was also the Resolution of all the English Clergy Upon which and presently after King Hen. 8. was by Parliament agnized Supream Head of the Church in these his Dominions Stat 26 Hen. 8 cap. 1. whereby it was also Enacted and Declared That the King his Heirs and Successors Kings of England should have and enjoy united and annexed to the Imperial Crown of this his Realm as well the Title and Stile thereof as all Honours Dignities Jurisdictions c. to the said Dignity of Supream Head of the Church of England belonging or appertaining with full power and authority to visit redress reform order correct restrain and amend all errours heresies abuses c. which Act Io. Hâ—rb Hist of Hen. 8 fo 380. though much to the support of the Regal Authority seem'd not suddenly to be approv'd by the King nor before he had consulted with his Council who shewed him many precedents of Kings of England that had used this power and with his Bishops who having fully discussed the point in their Convocations Declared That the Pope had no Jurisdiction in this Kingdom warranted by Gods word suitable to what was Declared by the Universities Colledges and Religious Houses with learned men of all sorts maintaining it necessary that such a power should be extant in the Realm for the Peace good Order and Government of the same the Reasons and Arguments of all which were couched in a Book of the King 's about that time published De vera differentiae Regiae Ecclesiasticae potestatis whence also the Learned Bishop Andrews in his Tortura Torti seems to have drawn diver assertions of the Regal Authority to which the Reader is referred A practice this I mean of consulting the Clergy and the Learned in a case of so great an import agreeable to former Presidents Tho. Walsing in An 1408. fo 420. as I find in Tho. Walsingham In concilio cleri celebrato Londoniis assistentibus Doctoribus Vniversitatum Cantabrigiae Oxoniae tractatum est de censu obedientia Papae subtrahendis vel non subtrahendis And as King Hen. 2. Rog. Hoveden in Hen. 2. pa. prior professed he would proceed in the great cause depending between him and his Archbishop Becket Now when King Hen. 8. was by Parliament agnized Supream Head of the Church within his own Dominions and by him for the reasons aforesaid owned and accepted what they meant by this may well enough be collected from the premises and from that notable Oration of Stephen Gardiner of True Obedience before mentioned which Title he neither took nor the Parliament gave in other sence than the French have always attributed it to their Princes and what the Royal Ancestors of King Hen. 8. Spelm. Conc. 437. Seld. ad Eadm 1â—5 â—â—g Edvard c. himself assumed under the Homonymous names of Tutors Protectors Governours Domini Christi Vicarii Agricolae c. and the like And this is the Supremacy which the Kings of England have always claimed and exercised within their own Dominions with the temporary obstructions above mentioned that is in Soveraign way to Rule and Govern all their Subjects of what degree and quality soever to call their own Clergy and Church-men together and with their advice to see the Church reformed and by Act of Parliament to have all Ecclesiastical Jurisdiction restored and united to the Crown as in the First year of Q. Eliz. was done inlarged on before And here it will not be unnecessary to observe and know how that Restitution was resented by the Queen's Subjects at that time And for that observe and observable it was the general complyance and complacence of the People in it as also that from the First until the Eleventh year of that Queen's raign Cokâ— 5 Rep. de ure Reg. Eâ—câ—esiastico fo 35. no person of what perswasion of Christian Religion soever at any time refused to come to the Publick Divine Service celebrated in the Church of England and established by publick Authority within this Realm until the Bull of Pope Pius Quintus in the Eleventh year of her Majesties Raign came out against her whereby he deprived her of all her Right Authority Dignity and Priviledge in or unto these her Realms and Dominions and absolved all her Subjects of their Allegiance After this Bull it was that those who regarded the Pope's power or threats more than their Prince's just Authority or their own Allegiance refused to come to Church and from that occasion first acquired the stile of Recusants Vid. Camb. Annal. This gave rise also to a multitude of treasonable practices and conspiracies against the Queens life taken up also against King James Vid. Arth. Crohagans case in Crook 1. Rep. continued against our late Soveraign King Charls the First and still fermenting to break forth upon all opportunities to promote the Catholick cause and all abetted by the traitorous Doctrine of King-killing justified and proclaimed to the World by Bellarmin Co licenzâ— con priviâ—egio Baronius Mariana Emanuel Sa Allen Creswell and others both Natives and Strangers the consequence whereof was this That though Treason was always in the intention yet God be praised nothing hath yet been brought to Execution but the Traitors In this affair St. Jo. Davys D sc of Ireland fo 242. I find a memorable Observation of a grave Statesman That in the Indentures of submission of the Irish to King Hen. 8. all the Irish Lords did acknowledge him to be their Soveraign Lord and King and owned his Supremacy in all causes utterly renouncing the Pope's Jurisdiction most worthy of note says he in that when the Irish had once resolved to obey the King they made no scruple to renounce the Pope Besides these which have been experienc'd in our own Country infinite have been the mischiefs occasion'd in the World upon this score of Supremacy and Dominion and that by the mighty strugling and bickerings that have been maintained between the Papacy and the Princes of the Earth about the gaining and keeping this Power Besides the general Observations that a great means of the growth of the Turkish Empire to it s now formidable stature hath been the Wars and disturbances wrought upon this ground amongst the Christians themselves Also the decay and corruption of sincere piety and devotion by the turning the current of Religion out of its pure primitive channel into the sink of disputes and controversies about the Rights and Bounds of Dominion when Christ himself hath told us That his Kingdom is not of this world This caused Divine Religion to degenerate into Humane Policy and upon this it was that Machiavel too truly observed Mach. Disc on Tit. Liv. lib. 1. cap. 12. That there was now here less Piety
that which is to rule by day that is over spiritual things is the greater but that over carnal things the less that there may be known to be as much difference between Popes and Kings as there is to be between the Sun and Moon And then comes the Gloss upon the Canon Law which sayes Whilest the Earth is seven times bigger than the Moon and the Sun Eight times bigger than the Earth the Papal Power must consequently be fifty seven times bigger than the Regal Dignity Again that great Hebrew Prophet sets forth a most exact Image of the Royal Papacy in Melchisedeck Campanel de Mon. Hisp cap. 5. who did prefigure say they the Majesty of St. Peter and his Successours who had Melchisedeck for their Prototype and therefore the Pope must needs be invested with a Royal Priesthood and armed as well with the Civil as the spiritual Sword for if it were otherwise Christ and so his Vicegerent would be a diminutive Law-giver and not as Melchisedeck who was at once both King and Priest Further to fortifie this Plea to a Royal Jurssdiction in the World they alledge that Jacob and Esau were perfect Types of the Catholicks and the Hereticks signifying that the Catholicks should abound in Power and Riches but the Calvinists and Lutherans should be low and poor expressed fully in the Salutation of the Angel Gabriel to the Virgin Mary Luke 1.33 That our Lord the Pope was to rule over the House of Jacob for ever and of his Kingdom there shall be no end That is in a word The Pope is to govern the World Another Argument to prove this Plea is fetch'd out of the Eighth Psalm Psal 8.5 6. viz. Thou hast Crowned him with glory and honour Thou makest him to have Dominion over the works of thy hands thou hast put all things under his feet All Sheep and Oxen yea and the beasts of the field The Fowl of the air Anton. Sum. Theol. p. 3. cap. 5. and the Fish of the Sea c. By this they say is clearly meant St. Peter and the power given to him and his Successors in the See of Rome to whom God hath subjected the Sheep that is the Christians the Oxen that is the Jews and Hereticks the Beasts of the Field that is the Pagans the Fishes of the Sea that is the Souls in Purgatory and the Fowls of the Heaven that is the blessed Spirits and Angels So much for Dominion and Command now for Wealth and Riches nothing is more plain say they than the Holy Prophet Isaiah speaking of the Roman Church The Gentiles shall come to thy light Isa 60. and Kings to the brightness of thy rising Then shalt thou see and wonder and rejoice when the riches of the Sea and all the substance of the Gentiles shall come unto thee they shall bring gold and incense The sons of Strangers shall build up thy Walls and their Kings shall minister unto thee Thy Gates shall be open day and night that they may bring unto thee the Riches of all Nations and their Kings shall be brought For the Nation and Kingdom that will not serve thee shall perish The sons of them that afflicted thee shall come bending unto thee and all they that despised thee shall bow down at the soles of thy feet Thou shalt suck the milk of the Gentiles and shalt suck the breasts of Kings For Brass I will bring Gold and for Iron Silver and for Wood Brass and for Stones Iron A most plain description of the glory and splendor of the Roman Church but the dull Hereticks will not understand the meaning and St. John they say was surprised with a 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 when he describes the Angel refusing the honour offered to him but now dutifully paid to Christs Vicar Then when Christ told St. Peter that he would make him a Fisher of men though possibly the innocent and meek Apostle not fully apprehending the full import of that right which thereby was conferred on him applyed himself to a kind of spiritual Fishing hunting after some mystical Fishes to inclose them in the net of some invisible Kingdom in the Heavens and Cardinal Pool interprets the donation thus Regin Pole in Ioc. Thou and thy Successors shall have dominion over all men ruling over Kings and commanding regulating and casting out Emperours yet the good Apostle's more illuminated successors have now hit upon the true import and meaning and conclude that Christ did not only give them a power to fish for men but for money also and for that purpose conferred on them a Right to Fish in all secular Ponds and Rivers For The Kings of the Earth says Christ to Peter from whom do they receive Tribute not certainly from us for we are free But go thou to the Sea and cast forth a hook and take up the first Fish that cometh up that take and when thou hast opened his mouth thou shalt find a piece of money that take And by this a great fishing right was established in him and from him derived to his Successors that is to fish in all waters now by Waters the Holy Scriptures intend People and Nations and Tongues and Languages And Christ commanded Peter to lanch out into the Deep and then they inclosed such a multitude of Fishes that the net brake and it was very well Serm. 2. in Fest Petri. and pertinently observed by Pope Innocent 3. that the meaning of that advice or command Lanch out into the deep was this Go up to Rome which had a vast dominion over all People and from whence they might spread their Nets over all the World to catch all Nations And so in pursuance of this Right this Fishing Trade for money hath been driven with all possible art and industry all the World over to the great profit of the Roman Merchants But in process of time so it fell out that several Kings and States looking upon these Romish Fishermen as Trespassers and Intruders after a due examination and consideration had of all the Pleas and allegations in this matter and canvassing the Pope's Title to a free Piscary in all Waters not only upon this Globe but in the Coelestial and Infernal Waters also his Title was adjudged and declared to be of no force or value and thereupon he was prohibited to fish any more in the Brittish Ocean the Baltick Sea the Lake Lemane and in many Rivers of Germany and he was in great danger of being prohibited fishing also in the Neighbouring Adriatick so that what prizes he gets now amongst us it is by stealth and now and then a few silly Fishes are drawn and enticed into his Nets But in many places still the Trace is freely driven with great returns and profit how formerly it was managed here the ensuing Pages will make some discovery as also how it came to be stop'd But certainly vast Riches are continually brought in by the Factors of Rome and thereby
the same to have been Infinite I shall therefore only profess to give you a Remembrance of some for a taste of all the rest Ex ungue Leonem c. And in pursuance of our purpose we will begin with the Peter-pence which at first though but a Donative or Alms as shall be presently shewed yet by the inference of a Right from Prescription of Time and the manner of exaction at last it became a burden and an incumbrance to the whole Nation and though this was but small in respect of other payments yet time swelled them to a vast account CHAP. I. Peter-pence PEter-pence Cowell Interp in verbo Spelm. Gloss Matt. Westm in An. 727. Polychron lib. 5. cap. 24. Antiquit. Briâ—t fo 58. 69. Denarii Sancti Petri call'd in the Saxon Tongue Romefeoh the Fee of Rome and sometimes also Romescot and Rome-peny was if we may so properly term it a Tribute of Alms given by the ancient Saxon Kings to the See of Rome Some say that Ina a King of the West-Saxons was the first Donor about the year 720. at such time as he was in Pilgrimage at Rome Others say that Offa a King of the Mercians first gave them about the year 790. But probably the truth may be and Matt. Westm insinuates no less that these being Kings of several Kingdoms in the Saxon Heptarchy each of them might be the first Donor within their respective Dominions The occasion upon which Offa gave the same Spelm. Concil Tom. 1. fo 311. Acts and Mon. fol. 103. is storied thus Ethelbert King of the East-Angles a vertuous Prince being perswaded by his Council to marry against his own inclination went to Offa in design to obtain his Daughter Athilrid to Wife but King Offa's wife being averse to the match in treacherous manner caused Ethelbert to be slain whereupon Offa in some sort to expiate that horrid act Chro. Jo. Brompt Coll. 776. gave the Peter-pence to St. Peter's Church in Rome But at last by Adelwolph this tributary Alms was ratified and given throughout the whole Kingdom The Charter whereby King Offa gave the Peter-pence remains still extant under seal 1. Instit fo 7. a. W. Dugdale Antiq. of Warw. 133. 673. Vid. Matt. Paris in vita Rob rti Abb. S. Albâ—ni fo 80. as Sr. Edw. Coke affirms which if true it was not heeded by such as have affirmed that the first sealed Charter that we have in England is that of King Edward the Confessor upon his founding of Westminster Abby and that in imitation of the Normans amongst whom he had been educated But Sr. Edw. Coke adds further that the sealing of Charters and Deeds is much more ancient than some have imagined and to that purpose besides that sealed Charter of King Offa he makes instance in a Charter of King Edwin Brother of King Edgar bearing date An. Dom. 956. under his own seal with the seal also of the Bishop of Winchester to it and this long before the Normans entrance But this by the way only For the Peter-pence Sim Dunelm Coll. to 150. â—tow Annal. fo 26. which in the Saxon Laws are often termed Regis Eleemosyna it was a Penny for every House in which was Twenty Penny-worth of any kind of goods to be paid yearly on Lammas day Lambert fo 78. Jâ—rnall Col. 871. And in K. Edwards Laws there is a very strict constitution for the payment of them so that in time it was esteemed consuetudo quasi Apostolica as Matt. Westm hath it à qua neque Rex neque Archiepiscopus Abbas vel Prior aut aliquis in regno immunis erat Only I find that the Monastery of St. Camb. Britt fo 410. Spelm. Concil Tom. 1. fo 311. Alban's in honour of that Proto-Martyr to whose memory it was founded was alone quit as to that charge and that by the Indulgence of King Offa as Mat. Westm relates This payment as before is said at first and for a long time was termed and esteemed as indeed it was a Tribute of Alms being styled in the Laws of Canutus Leges Canut in Jornal 920. Larga Regis benignitas and in those of the Confessor Regis Eleemosyna and so it was received also by the Court of Rome Epist Hen. 1. in Eadmer fo 113. as Pope Paschalis the 2. to one of our Kings Eleemosyna beati Petri prout audivimus ita dolose collecta est ut neque mediam ejus partem hactenus Ecclesia Romana susceperit Sim. Dunelm Coll. fo 150. And Sim. Dunelmensis thus Hoc anno Eâ—helhelm comes Wilton Eleemosynam Regis Elfredi detulit Romam And all this importing no more but that Charity was the first foundation of it and the Pope to have been the King's Beads-man as it were and not the King the Popes Homager Yet the continuance occasioned the pretence of an absolute Tribute Pol. Verg. lib. 4. and Polydor Vergil the Historian and sometimes the Pope's Collector of the Peter-pence here improperly terming it Vectigal S. Cressy Church H st li. 29. ca. 15. S. Cressy is so ingenuous as to give him a reproof for so doing yet in that notion it was exacted a long time by the Pope's Officers But yet upon some distaste some of our Kings would sometimes adventure to deny payment as King Edward the Third did once in his time the reason whereof is storied to be this viz. Polychron Stow. Mat. Westm c. when in his raign was the great contest between the two Kings for the Crown of France and many of the Popes then residing at Avignion in the Territories of France being most of them French-men did too partially take part with the French King So that after the great and famous victory obtained by the Black Prince at the Battle of Poitiers this was set up in Vienna and several other places and after grew into a kind of Proverb viz. Ore est le Pape devenu Franceys Hen. de Knighton Coll. fo 2615. Et Jhesu est devenu Angleys Ore serra veou que ferra plus Le Pape ou Jhesus id est The Pope is now all Frenchify'd And Jesus on the English side And now you see which of these two The Pope or Jesus most can do And therefore because the Popes took part with the French our King Edw. 3. commanded the Peter-pence should be no longer paid which Prohibition all that King's time continued till the raign of his next Successor King Rich. 2. And some offers being then made to gather them again at a Parliament a Petition was preferr'd that it might be declared by Parliament whether the charge called Rome-penny should be levied of the Commons and paid to the Pope's Collector Rot. Parl. 1. R. 2 na 84. or no and the Answer to it was Soit fait come devant ad este use and so they were reviv'd again by that weak King But yet it was Resolv'd by the Casuists of those times of
Scot who runs presently to Rome for confirmation and the King presently sends after him the Bishop of Lichfield and the Prior of Lanthony to sollicite against Scot but after a long tugging and expence of all their money on both sides it was determined that a third man viz. Richard Poor should have the Bishoprick After the death of Stephen Langton Matt. Paris in An. 1228. fo 350. 355. Anâ—quit Brit. in viti Richard Maâ— Archbishop of Canterbury the Monks made choice of Walter de Hempsham to succede him at which the King then being displeased Walter hasts away to Rome as the use then was for his confirmation and the King presently sends after him as his Proctors the Bishops of Coventry and Rochester who appearing before the Pope complained grievously of the misdemeanor of the Monks in making choice of that man as being of no experience suitable to that Dignity but of mean learning one of a debauched and scandalous life having gotten several Bastards upon a Nun and for his extraction his Father had bin condemn'd and hang'd for Theft as himself had also deserv'd having bin a Ringleader amongst Rebels and Traitors But all this would not satisfie the Pope to set him aside Polychron 1.7 cap. 34. until the King ingaged the Pope should have a Disme or the Tenth part of all the moveable goods both of Clergy and Laity throughout England and Ireland which granted the election of Walter Hempsham was declared null and Richard Wethershed promoted to the place The next Successor to Richard Wethershed was Edmund between whom Antic Brit. Godw. in vita Edmundi and the Monks of Rochester a great contest happen'd about the election of one Richard Wendover to be their Bishop whereupon the Bishop goes to Rome and the Covent send their Proctors and these carrying the most money got the cause and Edmund condemn'd by the Pope in 1000. Marks The Bishoprick of Chichester being once void Matt. Paris iâ— Hen. 3. the Canons there elected one Robert Passelew to gratifie the King who had a great kindness for the man but others stemaching him means was made at Rome to have his election quashed and one Richard de la Wich to have the place and thereupon all parties run to Rome with money Bribes complaints and recriminations all which being heard and the money taken the King's man was fob'd off and Wich setled in the See The story is at large in Matthew Paris and a multitude more of like nature might here be exhibited but these shall suffice with this averrement that seldom any election went so cleverly off but something extraordinary came to the Pope besides what was certain by the first Fruits From which we proceed to payments of other natures CHAP. III. Legatine Levies THE Statute of 25 Henry 8. Stat. 25 Hen. 8. cap. 21. Providing that no more summs of money shall be pay'd to the Bishop of Rome begins with recital how the subjects of this realm had for many years been greatly decayed and impoverished by intolerable exactions of great summs of money taken and claimed by the Bishop of Rome called the Pope and the See of Rome as well in Pensions Censes Peter-pence Procurations Fruits suits for Provisions and Expeditions of Bulls for Archbishopricks and Bishopricks and for Delegacies and Rescripts in Causes of Contentions and Appeals Jurisdictions Legantine Dispensations Licences Faculties Grants Relaxations Writs of perinde valere Rehabilitations Abolitions and other infinite sorts c. as the words of the Statute are I cannot now pretend to enumerate or specifie them all when the Statute declares them to be infinite and therefore we shall content our selves to point but at some of them beginning with the Legatine Levies as I may call them Vid. Matthew Westm Flor. Hist in An. 1245 1246. c. Mart. Paris Polychron c. And these were summs of money exacted and levyed upon the King's Subjects throughout the whole Kingdom by Legats and Officers for that purpose deputed by the Pope And these were called for as often as the Popes pretended a need of them for the Court of Rome did inculcate and would have the world to believe Matth. Paris An. 1226. fo 328. That being a Mother she ought to be relieved by her Children Now the first Extraordinary Contribution raised for the Pope in this Kingdom of this kind appears to have bin about the year 1183. when Pope Lucius the third having some quarrel with the Citizens of Rome Rog. Hovedeâ— P. Postenor fo 622. sent to King Henry the second postulans ab co à clericatu Angliae auxilium requiring Aid from him and his Clergy whereupon Consuluit Rex Episcopos suos Clerum Angliae de petitione Summi Pontificis Cui Episcopi Cleri consuluerunt ut ipse secundum voluntatem suam honorem faceret auxilium D. Papae tam pro seipso quam pro illis quia tolerabilius esset plus placeret eis quod D. Rex si vellet accepisset ab eis auxilii recompensationem quam si permisisset Nuncios D. Papae in Angliam venire ad capiendum de eis auxilium quia si aliter fieret posset verti in consuetudinem ad regni sui detrimentum Adquievit Rex consilio suorum fecit auxilium magnum D. Papae in auro argento The King consulted the Bishops and Clergy about the Popes request to whom the Bishops and Clergy returned That the King might if he so pleased and for his honor send aid to the Pope as well for himself as for them because it would be more tolerable and more acceptable to them for his Majesty if he pleased to take a Compensation from them for his Aid than that he should permit the Pope's Officers to come into England to receive it of them which might turn to a custom detrimental to the Kingdom To this counsel the King adher'd and sent a great Aid to the Pope in Gold and Silver as Rog. Hoveden hath at large related the Carriage of that business In which several passages are very remarkable as that the King did in matters that concern'd the Pope consult with the English Church and follow'd their advice and then the care and circumspection of the Clergy to avoid mischievous consequences for the future and that not without very good cause for the Popes were so prone to be busie and tampering in this matter of money that afterward in the time King Edward the first Papa miâ—it bullas inhibitatorias quod nulla persona Ecclesiastica daret seculari personae contributionem ullam absque licentia specialita Romana curia concessa in hac parte Henry de Knighton Coll. 2489. he prohibited the Clergy from giving any thing to the King without his leave first obtained and that under pain of the great excommunication a great presumption this but without any considerable effect to the purpose intended But notwithwanding the before mention'd caution the Popes gained
never come empty handed and this was very frequently injoined to others in such or the like cases Now for the particulars of these Appeals I could produce a multitude of instances and Cases but designing brevity I had rather refer you to Mat. Paris and others who are not sparing therein I shall only upon this Head further note that not only many particular persons were ruin'd and undone by reason of the great expenses they were put unto upon this account at Rome but also many religious Houses and Covents became by that means so impoverished that they would certainly have been utterly broken and dissolved if some extraordinary courses had not been taken for their support as once the Abbot Par. 3 Ed. 1. m. 13. Pre Abbate Conventu de Fevâ—â—sham and Covent of Feversham being greatly indebted to Merchants Usurers and others by reason of their vast ex ences at Rome the King by his Soveraign Authority to preserve them and their House from ruine took them with all their Possessions Fulco Peyforer Hamon Doges Lands Goods and Chattles into his special protection and committed them to the management of certain persons for the discharge of their debts and their necessary support as appears by the Patent for that purpose yet to be seen but too large to be here inserted Lambert Peromb in Feversham Note it was the Monks of this Abby of Feversham that once contended in a Controversie with King John both by way of Appeal to Rome and by force of Arms against the Sheriff and the Posse Comitatus but had the ill fortune to be worsted at every turn The like Protection and Provision in the same form and for the same reason was granted and made by King Ed. 1. to the Abbots and Covents of Bordesley and Bynedon And also to the Prior and Covent of Thornholm but the custody of them their Lands and Goods were granted to other persons CHAP. VI. Dispensations DIspensations Vid. Centum gravamina Gâ—rm An. D. 1521. and Absolutions from cases reserved and Faculties were other great means of drawing vast summs of money hence to Rome And for the managing and dispencing of these the Popes had their Ministers Officers and Courts ready to make out and grant these Dispensations to such as had occasion or to whom it would be a convenience to purchase them and that in a multitude of cases As to Dispence with one man to hold two Bishopricks or a Plurality of Benefices To make Infants capable of Benefices and Offices To Legitimate Bastards To qualifie persons to marry within the degrees prohibited by the Canons or by God's Law To lay aside Habits of Professions Regular to revert to a secular State To give liberty to live without Rules Order and Discipline which had bin entered into For liberty not to keep rash or prejudicial Oaths To eat Flesh at times ordinarily forbidden To wave the performance of Vows To rescind contracts marriages and covenants And innumerable other the like cases in which exact care was taken that the party purchaser should be served to the height of his ability and the benefit of the Dispensation King Henry the third Matt. Paris in Hen. 3. swore to maintain Magna Charta and Charta de Foresta with other liberties of the People and for that had a great Subsidy given him but for money the Pope Dispenced with his Oath and then he would perform nothing Simon Montford Id. An. 1238. fo 471. Earl of Leicester marryed the Daughter of King John named Elianor who was professed in Religion at which King Henry the third and others being offended the Earl posts to Rome and there effusa promissa infinita pecunia as the Historian hath it he obtained of the Pope to give Order to his Legate Otho to give sentence for the marriage John of Gaunt Tho. Walsing in E. 3. An. 1359. Cambd. An. Eliz. fo 2. Sr. Fr. Bacon Hist Hen. 7. fo 199. by a like Dispensation marryed his Cousin Blanch. King Hen. 8. Marryed his Brothers Widdow by such a Dispensation not cheaply obtained for a noble Author sayes the Pope was very difficil in granting it not for want of power I suppose but to scrue the more money out of the Royal Purchaser It was Pope Julius the Second that gave this Dispensation But asterwards the validity of the Marriage upon such a Dispensation being questioned as being directly against the Scripture Pope Clement 7. at the instance of King Henry Hist Cont. Trid lib. 1. fâ— 68. Camb. Speed c. sent Cardinal Campeggio into England framing a Bull or Breve to dissolve the King's marriage with Queen Catharine to be published when some few proofs were passed which were made ready and to give liberty to the King to marry another But afterwards the Pope conceiving it would disgust the Emperour who was Katharines near Kinsman he sent another Nuntio to Campeggio with order to burn the Bull and to proceed slowly in the cause Resolving like his Predecessor to make the best advantages he could of the plenitude of his power But the King perceiving the juggling went another way to work and how he procured his marriage to be vacated our Histories and Records testifie Also Charls the fifth Emperour procured a marriage between Philip his Son and Mary Queen of England by a Dispensation from Pope Julius the third because they were allyed in the third degree and that Charls himself had contracted to marry her when he was under age Camb. Annal. Eliz. And after her death King Philip desirous to keep his interest in England treated seriously of a marriage with Queen Elizabeth his late wives sister with promise to obtain a special Dispensation from the Pope which the French King laboured secretly to hinder but the Queen gave him a repulse By vertue of these Dispensations it is Sr. Edw. Sâ—nds Earop Spec. 〈◊〉 that the House of Austria for some reasons of State marry all amongst themselves so continuing all of the same family or as limbs of the same body Whereby Philip the second of Spain might have called the Archduke Albert both Brother Cousin Nephew and Son for he was so either by blood or affinity being Uncle to himself Cousin-german to his Father Husband to his Sister and Father to his Wife And it so hapned that by reason of the multitude of Canons as were put forth by divers Popes of restrictions and limitations very few Princely Families in Europe could at any time intermarry without Dispensations from such or such a Canon and then let the Pope alone for setting his own rates and prices upon his own Instruments As great summs of money came thus to the Popes upon their Dispensations in point of marriage So frequently they made their advantages by dispensing with promises Vows and Oaths How King Henry the third obtained a Dispensation about Magna-Charta we have touched before And that power claimed and exercised by the Popes made
him that King John wrote to the Pope the next year Matr. Paris in An. 1206. fo 214. Quod uberiores sibi fructus proveniant de regno Angliae quam de omnibus regionibus citra Alpes c. That the Pope had greater profits out of England than all other Countreys on this side the Alpes c. Nay and these Levys were continued sometimes for six years together as Thorn notes Thorn ut supr wherein the Kings themselves were wont to promote the business by being indulged by the Popes to go snips in the gains After the death of Pope Clement the 4th the See of Rome continued void two years and ten months Matt. Westm fo 352. Contin Matt. Paris fo 976. Tho. Walsingh by reason of the great discord and potent factions amongst the Cardinals And at last Theobald the Arch-deacon of Liege who had been comrade and fellow-souldier with our King Edw. 1. in the Holy Land was elected and took the name of Gregory the 10th whereupon was made these verses Papatum munus tenet Archidiaconus unus An. D. 1272. Quem Patrem Patrum fecit discordia fratrum The Papal Office one Archdeacon takes Whom Father of Fathers Brethren's discord makes King Edward the First coming out of the H. Land into England after the death of his Father King Henry the Third touch'd at Rome where he was nobly entertained and caressed by his old friend this then Pope Gregory the 10th and between them it was contrived to raise some great summs in England under pretence of aid and succour for the Holy Land and in pursuance thereof a special Nuntio was sent from the Pope Reimundus to compell all Ecclesiastical persons to pay Two years Dismes but so it happened that as the moneys came in the King and the Pope's Collectors scrambled for it but the Pope as was believed got the greatest share and the King wanting for his occasions of state was forced to borrow several summs of the Collectors on sufficient security given for repayment Pat. 20 Ed. 1. m. 10. as by the Bonds Securities Counter-bonds and Acquittances upon that occasion still extant amongst the Tower Records may be seen and by this token that at one time the King received of the Pope's Collectors 100000 marks but not one penny as I can learn employed for the use pretended And from this practice of the King and Popesgoing sharers in these and other summs gotten from the People when discovered grew that infamous Proverb Matt. Paris in An. 1255. fo 917. That the King and the Pope were the Lion and the Wolf as on the like distasted occasion these Satyrical Rhimes had also been made Ecclesiae navis titubat regni quia clavis Errat Flor. Hist An. 1306. Rex Papa facti sunt unica capa Hoc faciunt Do Des Pilatus hic alter Herodes The Church's ship in safety cannot home pass When the chief Pilot once mistakes his Compass When King and Pope are given both to plundring One Pilate proves the other Herod thundring Which trick of sharing with the Popes Arnold Ferron de reb Gall. was learned by the French Kings of ours but some of them grew so cunning at last as to put all that was raised that way into their own Pockets and so out-shot the Pope in his own Bow CHAP. XIV Croisado's CRoisado's and vowed expeditions to the Holy Land and against Turks and Infidels dispenced withall or commuted was another trick of the like nature and oftentimes brought great summs into the Pope's Exchequer For it being observed that the Turks ever warred against the Christians with great alacrity S. Hen. Blunts voiage into the Levanâ— upon a belief that if they were killed ipso facto they went into Mahomet's Paradise The Pope to beat the Turk at his own Weapon would oftentimes publish a Croisado that is invite persons to undertake expeditions against the Infidels upon promise of pardon of all their sins Gapitula apud Gaitintun Chron Gervas fo 1522. Temp. Hen. 2. Speln Concil Tom. 2. fo 117. Rad. de Diceto Coll. 707. Quicunque Clericus vel Laicus crucem acceperit ab omnibus peccatis suis auctoritate Dei beatorum Apost Petri Pauli summi Pontificis liberatus est absolutus as was declar'd in one of our Councils Upon which multitudes of all sorts as Kings Nobles and Common people according to the zeal and perswasion of those times would vow to go and list themselves for the Holy War and in token thereof continually afterwards wore upon their Backs Crouchbacks the sign or badge of a Red Cross as being to fight against the enemies of Christ's Cross Now the Pope being God's Lieutenant over these Troops for mony would absolve these of their vows or such of them as upon second thoughts desired to stay at home Will. Malmâ—â— lib. 4. cap. 2. Frequently would he also divert and turn their Arms to other uses as to subdue the Albigenses Waldenses and many others of the Popes private enemies Matt. Paris in An. 1250. fo 803. And Matt. Paris tells a story how once the Pope sold these crossed Pilgrims to others even for ready money as the Jews did their Sheep and their Doves in the Temple Besides when some great expedition was in hand and great contributions made to carry on the War the Pope must be made the Treasurer but never gave any account of his disbursements keeping or converting all or most of the money to his own use Also in absence of Princes upon those expeditions the Popes and their Officers took their full swings to the inriching themselves besides many other considerable advantages and acquists as by the Histories and Complaints of Christendom in that matter most fully and at large it doth appear CHAP. XV. Ambassadors Agents AMbassadors Leiger and Extraordinary Proctors and Agents constantly residing at Rome with their retinues and servants maintained there by our Kings drew as constantly great summs of money out of the Kingdom For Rome being the seat of Policy and the Popes making themselves concern'd and busie in the affairs of all Princes these took it as it was indeed their interest to have continually their respective Agents and Ambassadors there to sollicite for their Master's interest to oppose contrary Factions and to gain intelligences And for these and the like purposes our Kings always had two three or more at a time there from and to whom multitudes of Internuntio's Carryers and Messengers were continually posting and running with Letters Instructions and Dispatches all occasioning a vast expence And by these it was â— Ninotismo dâ— Roma that the Popes were courted and caressed their Nephews Cardinal Patrons and Favourites bribed and presented For the Popes are never without their Creatures and Privado's a Caesar Borgia a Donna Olympia or some such like who must be effectually dealt withall and by them way made to the Pope's ear and savour besides
Pensions and Gratuities to servants and Officers through whose hands business ran for expedition Intelligence c. One memorable Record testifying all this with the King's care to transmit moneys to his Ambassadors for the purposes aforesaid it will not be amiss here to exhibit Paâ— 8 9 Joh. Reg. â— 5 m. 3. Rex omnibus Mercatoribus ad quos c. Sciatis quod quicunque mutuo tradiderit Hen. Abbati Belli loci Thomae de Ardinton Amfredo de Dene nunciis nostris quos misimus ad curiam Romanam pro negotiis nostris quingentas marcas nos ei vel nuncio suo has literas nostras referenti una cum literis praedictorum nunciorum summam illius mutui eas plene persolvemus Et ad hoc nos obligamus per nostras has literas patentes Teste Dom. P. Winton Episcopo apud Rokingham 20 die Febr. anno regni nostri 8. Et injunctum est Thomae de Ardinton Amfredo de Dene qui habent in hac forma quatuor paria chartarum singulas de D. Marcis ita quod per totum sunt M M marc quod nihil inde expendant sicut diligant corpora sua ante consummationem negocii pro quo remittuntur ad Curiam Et debent reddere Justic cartam de M marcis de priore itinere suo in quo tulerunt chartas de MMM marcis non expenderunt per totum nisi M M marcas vacatis inde 30 Marc. de uno anno de foedo P. fil Ric. fratri Dom. Papae O. Hanibal 60 Marc. ad dict termin cassand de 50 Marc. Et nepoti Dom. Port. 20 Marc. Et Praeceptum est Justicâ— quod cartam illam afferat Regi Et praeceptum est Thomae de Ardinton quod cartam nepotis Dom. Port quae liberetur antequam nomen inserebatur afferat quoniam nomen nesciebatur cum carta scripta fuit A notable Record this implying the King's care and caution in that affair So King Edward the First sending Franciscus Accursius and other Messengers to Rome about his Affairs there issued several Instruments for furnishing them with money and payment of the annual Pension to his Advocate in Rome and to a Cardinal at Rome granted to them till they could be preferred by him to Benefices or Offices of greater value all preserv'd to this day too long to be here transcrib'd Pat. 6. Ed. 1. m. 6. De Dâ—â—â—iis Fran. Accursio fociis nunciis Regis ad cur Romaâ—am and of which let this one satisfie as a specimen of the rest Rex Orlandino de Podio sociis suis mercatoribus de Luk salutem Mandamus vobis quod de denariis nostris vel vestris is custodia vestra existentibus habere faciatis dilecto Cierico nostro Domino Francisco Accursio sociis suis nunciis nostris ad curiam Romanam proficiscentibus rationabiles expensas suas quibus indigent in cundo ibidem morando redeundo ad expeditionem negotiorum praedictorum Et cum sciverimeâ— quantum eis liberaveritis nos debitam allocationem seu quietanciam vobis inde habere faciemus Teste Rege apud Shetwik xvij die Sept. Many other transcripts Chart. 1 John nu 12. Claus 10 Hen. 3. m. 1. dors Pat. 52 Hen. 3. nu 15. Pro R.S. Angeli Diacon Cardinal Claus 9 Ed. 1. and Instruments of like nature might here be produced as likewise promises and assurances of gratuities and annual pensions to Cardinals and others to ingage them to promote the King's businesses in the Court of Rome And in one year only King Edw. 1. sent Letters and Addresses with competent summs and arrears of Pensions to no fewer than seventeen Cardinals and Officers in the Court of Rome to ingage them to attend and promote his affairs there By these Ambassadors and Agents the Kings gratuities and bounty was handed to the Popes upon several occasions Lo. Herb. Hist fo 211. as King Henry the Eighth in the year 1526. sent to Pope Clement the seventh being in some distress Holinshead in Hâ—n 8. Thirty Thousand Ducats for a Present At another time in the same King's raign the Pope being under restraint and want by the Emperours means the Cardinal of York carryed at one time out of the Kingdom 240000 l. of the King's Treasure Speed in H. 8. to work his delivery The last publick Ambassador sent hence and residing at Rome was Sir Edward Carne Doctor of the Civil Law Knighted by the Emp. Charles the Fifth who lay Leiger there several years and there dyed about the beginning of the raign of Queen Elizabeth and ever since that way of negotiation and expence to the great ease of the Exchequer hath ceased CHAP. XVI Strangers Beneficed ANother way of draining infinite summs out of this Kingdom to Rome and Italy was the conferring of Bishopricks and all sorts of Ecclesiastical Benefices Offices and Promotions upon Strangers and chiefly Italians These constantly residing at Rome and in Italy had their Farmers Factors and Agents here to Collect their Rents and Revenues and transmit the same to Rome to be received and spent there In the year 1253. Matt. Paris in An. 1253. an Inquisition was taken of this whereby it appeared that the Ecclesiastical Revenues in England of the Italians whereof many were Boys more Dunces but all Aliens did amount to no less than Threescore and ten thousand Marks per annum esteemed a greater revenue at that time than that of the King which occasioned the sharp Letter of Rob. Grosthead to the Pope about that grievance with the Pope's disdainful reception of the same at large related by Mat. Paris and of which more hereafter At a Parliament held An. 1379. Rot. Parl. An. 3 Ric. 2. a great complaint was made of forrainers holding Ecclesiastical Benefices many Cardinals at Rome having the best Promotions and Livings conferred on them or granted to hold in Commendam Acts Mon. Tom. 1. f. 389. of which there are Catalogues yet extant And of this many mischiefs did insue As little or no Divine Service or Instruction of the People No Hospitality kept for relief of the Poor Decay of Houses and increase of Barbarisme so that between the Italian Hospitality which none could ever see and a little Latin Service which few or none could understand the poor English were ill fed but worse taught And lastly the exhausting the wealth of the land to the impoverishing of the People and weakning of the King and Kingdom in case of invasion or any attempts against them But how all this was then resented you shall hear more anon Memorable is it that in the raigns of King Hen. 7. and King Hen. 8. the Bishoprick of Worcester had four Italians successively of which none ever lived there Johannes Gigles or de Liliis Goâ—w de Pâ—aeful Angl. in Wâ—gâ—â—n born at Luca. Sylvester Gigles his Nephew succeeded Julius Medices a Cardinal of Rome Nephew to Pope Leo
excepting those that were Conventual and thereupon Summons was given to all the said Priors to appear on the Octaves of St. Hillary at Westminster and to bring with them all their Charters and Evidences whereby the King and his Council might be satisfied whether they had been Priories Conventual time out of mind or not But notwithstanding this Act and that the former seisures had been made upon this ground that by transportation of the revenues belonging to these English Cells to those Houses in France whereunto many of them belonged and were subordinate the King's Enemies at such times as he had warrs with the French were assisted in the Parl. held at Leic. An. 2 Henry the fifth it being considered that though a final peace might afterwards be made between England and France yet the carrying over such great summs of money yearly to those forraign Monasteries would be much prejudicial to this Kingdom and the People thereof there was an Act then made that all the possessions in England belonging to the said Priories-Alien should thenceforth remain to the King his Heirs and Successors for ever excepting such whereof special declaration was then made to the Contrary Rot. Parl. 2 Hen. 5. nu 9. Al intent sayes the Act que divine Services en les lieux avantdictz purront pluis duement estre fait per genti Anglois en temps avenir que n'ount este fait devant cest heurs en icelles per gents Francois c. intimating the mis-imployment of the same And so from thenceforth our Kings disposed of these Priories-Alien and all their revenues arising hence in such manner as they thought most conducible to the good and ease of themselves and the People Which Act of State proved a Praeludium to the dissolution which befel the intire English Monasteries in the raign of King Henry the eighth CHAP. XVIII Knights Templars and Hospitallers THE Orders of the Knights Templars and Hospitallers were also possessed of large revenues and lands here a great part of the profits whereof was transported away and spent out of the Kingdom For the Original Rule and nature of these Orders several have collected and exhibited them particularly Mr. Dugdale W. Dâ—gd Hist of Warw. fo 704 An. 1 Ed. 2. to whom those that would be satisfied therein are referred For our purpose let it be sufficient to note That in the year 1307. by the King 's special command Hen. d'Knighton coll 2531 and a Bull from the Pope the Templars were generally throughout the Kingdom laid hold on and cast into prison and all their possessions seised into the King's hands Th. Walsingh Hist fo 73. An. D. 1311. The crimes objected against them were very hainous contain'd in divers Articles but whether true or false we will not now examine And it was not long after that the whole Order was condemned and suppress'd in a General Council at Vienna under Pope Clement the fifth and their possessions given to the Knights Hospitallers who injoyed the same here till the 32. year of King Hen. Stat. 32 H. 8â— cap. 24. 8. when an Act of Parliament was made reciting That divers of the King's subjects called Knights of St. John of Jerusalem abiding beyond the Sea receiving yearly out of this Realm great summs of money have unnaturally and contrary to the duty of their allegiances substained and maintained the usurped power and authority of the Bishop of Rome lately used and practised within this Realm he the said Bishop being common Enemy to the King our Soveraign Lord and this his Realm and considering that it were better that the possessions in this Realm belonging to such as adhered to the Bishop of Rome should be imploy'd and spent within this Realm for the defence of the same than converted to and amongst such unnatural subjects c. It was enacted That the said Corporation of Knights Hospitallers within his Majesties Dominions should be utterly dissolved and that the King his Heirs c. should have all their Mannors Lands c. And so the Kingdom was freed of that mischief which their transporting so much money yearly out of it had occasioned Queen Mary a Princess more zealous than wise or politick made some attempt to restore the Convents dissolved by her Father Sand. de Schism lib. 2. fo 30â— and Brother particularly re-instating the Benedictines at Westminster The Carthusians at Shone The Brigetteans at Sion The Dominicans at Smithfield in London A sort of Franciscans heretofore zealous for the legality of her Mother's marriage at Greenwich And the Hospitallers of St. John's of Jerusalem in Clarkenwell But her example was not followed by any of the Nobility or others who had incorporated any of the Abby Lands into their estates but the Queen restored only what remained in the Crown un-aliened from the same But yet such a beginning of hers gave a shrewd alarme to all the rest that they should be attaqued in convenient time with some Acts of resumption which would compel them to refund and that the rather because Cardinal Pool in that Act in this Queen's raign to secure the Abby Lands to the then Owners without a formal passing whereof to quiet at present so many persons concerned Popery would not so easily have bin restored at that time would not absolve their consciences from restitution but only made as it were a temporary palliate cure the Church of Rome but suspending that power which in due time was to be put in execution But for our Hospitallers as I said before they were with some others restored and placed in their shatter'd mansion in Clarkenwell Stow. Survey fo 483. Sir Thomas Tresham being made the Prior of the Order But the short raign of that Queen prevented further restitutions And Queen Elizabeth coming to the Crown permitted all things to remain for some time as she found them so that at her first Parliament she sent writs to the Lo. Prior Tresham and Abbot Fecknam to appear as Barons therein but they were scarce warm in their Seats but they with all the rest of the late restored Orders were once again dissolved and the Kingdom 's fears of refunding and resumption for that time cured with addition of hope never to be so frighted again As Allies and Successors to these Knights Templars and Hospitallers it will not be amiss something to note of the Knights of Malta How they were first expulsed out of the Holy Land and then out of Rhodes by the Turks how afterwards they seated at Nice and Syracuse successively and at last setled in the Island Malta where now they are we referr those that would be satisfied therein to the Historians and Travellers that have taken notice of them Gro. Sandies Trav. lib. 4. fo 229. Travels of Jo. Ray. fo 303. But we are informed by our late Travellers That now in the City of Valetta in Malta they have Alberges Halls or Seminaries of the eight several Nations of the Order
which are the French Italians German English Provençal Auvergnois Castilian and Arragonian These Albergs are buildings like Colledges and the Seignior of each Nation is Superiour of the Alberg Grand Prior of his Nation of the Gran Croce as they call it and of the Privy Council of the Great Master Amongst these there is an Alberg or an apartment for the English Nation or rather a piece of ground inclosed with the foundation of an Alberg the Walls being not quite reared up This standing now void for want of English to stock it some of the Citizens would have bought the ground to have built upon but the Grand Master and Council would not sell it expecting that one day the English Nation would be reduced again to the Obedience of the Roman Church and then it would be finished and replenish'd with such for whom it was first designed In the time of Mr. Sand's being there an Irish-man living in Naples and receiving a large Pension from the King of Spain bore the Title of Grand Prior for the English but who hath since succeeded in that Office I have not thought it very necessary to inquire And in like manner as we are informed the other dissolved Orders especially those as were of greatest note and most richly endowed still keep up and continue their Successions as well as they can with Rentals and Particulars of the possessions of their respective Houses in hopes they will revert once again to their former use CHAP. XIX Elections of Popes and Cardinals THE Election and making of Popes and Cardinals was another way of carrying great summs frequently out of England to Rome And that upon this account The Pope being both a spiritual Monarch and a Temporal Prince it could not otherwise be but by that sway which he bore in the Consciences of such as owned his authority he came to have a great influence over all the State affairs of Christendome besides his challenging a power to depose Kings absolve Subjects of their Oaths of Allegiance dispence with Vows and Oaths and dispose of Kingdoms and States as he pleased and then the Kings and States of Europe acting according to their respective rules of State and Policy there continually happen'd a reciprocation and recurrence of Treaties Leagues Alliances Quarrels and Warrs amongst them And the Popedome being Elective all those Princes and States amongst whom our Kings had their proper concerns made it their interest and utmost endeavour in a vacancy to procure the promotion of such a one to that See as might be favourable or at least not noxious to their interests and designs And hence all the subtile contrivances the secret Cabals sometimes the twisting and at other times the unravelling of interests and factions the canvassing of parties the buying of votes the purchasing of intelligence the bribing of Officers and any thing or every thing that money would do must be set on foot and carryed on with utmost vigour cost and pains At such a time and occasion Rome becomes throng'd with Ambassadors and Agents with their Guards and Retinue from all quarters and all at a vast expence watching labouring and sweating every one for his Master's business whilst the roads are pester'd with Messengers Curriers and Posts carrying and re-carrying of News intelligence and instructions Then by reason of all this packing and canvassing it often happens that the Conclave cannot agree in many moneths though generally those Princes who had bin most liberal have had their turns serv'd and many times again by reason of the fierce opposition and difficulties the Cardinals not to disgust the contending factions are fain to pitch upon some heavy old overgrown man who is likely to do neither hurt nor good or at least not long and sometimes again the Conclave becomes so divided and rent that one part of them chooses a Pope and another part an Anti-Pope and when these with their partisans have for some time scuffl'd tug'd and fought for 't in comes a third dog and catches the hare from them both and sometimes three Popes have been up and in play at one time In this hurly-burly St. Peter's chair is overturn'd and broke in pieces one Pope snatches up part of it and runs into Germany another scrambles for another part and runs with it into France whilst another pieces up the remaining shivers and seats himself at Rome Presently the world is fill'd with complaints Remonstrances and Manifesto's The Emperour storms and sayes his man had foul play and that his Imperial Eagle shall fly his utmost pitch to do him right The surly Spaniard grumbles and protests he will hazard all his Indies before his Creature shall be so baffled And the French King swears that all his Flowers de Lis shall wither before his Confident shall be rooted out neither are our Kings of England only lookers on whilst this game is in playing but either their Arms or their money must be layd to stake on one side In this Battle-Royal after many incounters and ran-counters the weakest though not alwayes the worst most commonly goes to the Walls one of them perhaps sent out of the world with a Fig or a Potion another entrapp'd and thrown into a Dungeon whilst the third for a few moneths or it may be years struts up and down claps his wings and crows as victor and then goes himself to the Pot and leaves the Pit for other Combatants and the spectators to their expectation of more sport Of this sort Bellarmine reckons up six and twenty schisms in the Roman Church but Onuphrius a more exact accountant Onuphr in vita Clem. 7. reckons up thirty whereof some lasted ten some twenty and one fifty years The Contemplation whereof hath caused some to make a very shrewd objection against the perfect unity compleat succession and Divine Infallibility so much boasted of in that Church I might and could easily here make particular instance of all these famous bickerings scuffles and counter-scuffles but the same being obvious to all that converse with books Dr. Stilling-fleet of the divisions of the Rom. Churâ—h and something having bin lately worthily done to that purpose and it being a Parergon to the drift of these papers we will no further ingage in these quarrels than to note that they were cause for the reasons aforesaid of great expence to our English Kings when they thought it their interest to have a friend seated in the Pontifical chair and the reason of that Policy now ceasing we being altogether unconcern'd in that affair the money that used to leak that way is kept within the Kingdom to the great ease quiet and benefit both of King and People I will only here take liberty to mention one famous schisme the procedure and conclusion thereof justifying all that we have before pointed at in this matter About the year 1404. Platina in vitis Innoc. 7 Greg. 12. Alex. 5. Jo 24 Innocent the seventh being Pope by the prevalence of a
exortus prosapia dum carnis clausus carcere tenebatur pauper spiritu mente mitis justitiam sitiens misericordiae deditus mundus corde vere pacificus prout firmiter recolimus nos expertos utpote cujus apud nos diu laudabilis conversatio gloriosae vitae insignia ex mulâ—a familiaritate quam nobiscum habuit eadem fuerunt evidentius nobis nota quod Sanctitatem ipsius conversationem laudabilem cernebamas quemadmodum degens in seculo magnis pollebat meritis nunc veniens in coelo magnis corruscare miraculis dignoscatur in tantum quod ipsius meritis intercessionibus gloriosis lumen caecis surdis auditus verba mutis gressus claudis alia pleraque beneficia ipsius patrocinium implorantibus coelesti dextera conferuntur de quorum miraculorum corruscatione multiplici nonnullis de regno nostro certitudinaliter innotescit Nos attendentes per Dei gratiam fideles in Christo nosque praecipue populum regni nostri ejus posse suffragiis adjuvari ut quem familiarem habuimus in terris mereamur habere Patronum in coelis Sanctitati vestrae devotissime supplicamus quatenus tantam lucernam absconsam sub modio remanere diutius non sinentes set eam mandantes super Candelabrum collocari hiis qui sunt in domo Domini solatium praebituram dignemini ipsum ascribere Sanctorum Cathologo venerando ut ejus precibus Dominus exoratus gratiam in praesenti gloriam nobis praebeat ia futuro Conservet vos Altissimus ad regimen Ecclesiae suae per tempora foeliciter longiora Dat. apud Westm Secundo die Novemb. Anno regni nostri 33. And upon this as I said before he was Canonized for a Saint The Letter it self I have the rather exemplified at large that you may see upon what ground the Popish Confidence is founded and what by-wayes have been beaten in quest of Heaven King Henry the seventh had a desire to have had King Henry the sixth Lo. Bacon Hist Hen. 7. fo 227. his Predecessor Canonized for a Saint thereby to acquire some coelestial Honour to his own House and Line of Lancaster and for that purpose he dealt with Pope Julius who knowing that he had an able Chapman in hand made his demands accordingly Some indeed say that that Pope who was a little more than ordinary jealous of the dignity of the See of Rome and of the Acts thereof knowing that King Henry the sixth was reputed in the world but for a simple man was afraid it would diminish the estimation of that kind of Honour if there were not a distance kept between Innocents Lo. Bacon supr Speed Chron. in Ed. 4. fo 885. and Saints But the general opinion was that Pope Julius was too dear which the wary King perceiving having somewhat tasted of the charge in expences upon witnesses References Commissions and Reports for the verification of his Holy Acts and Miracles a thing usual in the Court of Rome when a good Client comes thought good to reserve his money for some better bargaine and withdrew his suit betimes Et sic nihil inde venit The manner of Canonizations with the Ordinary charges Sir H. Spelm. Conc. Tomâ— fol. 717 718. too long to be here inserted but most worthy to be noted you may find exhibited by Sir H. Spelman in the second Tome of his excellent collection of the English Councils CHAP. XXI Pope's Legats Collectors IN the foregoing Chapters particular instances have been made of some of those many and great summs of money heretofore going out of England to the Pope and Court of Rome with some of the wayes and means of drawing the same thither wherein we had occasion of mentioning the Pope's Legates Agents Collectors and Officers imployed about the gathering and transmitting those summs of some of whom it will not I conceive be impertinent to revive some memorials as tending something to the amplification of the particulars before specified Pandulfus of these shall be the Antesignanus though not first in time Pandulsus Matt. Paris John Serres Hist in Phil. August Speed Chron. yet as most notorious To him as the Pope's substitute it was that King John was inforced to surrender his Crown laying the same his Scepter Robe Sword and Ring the Royal Ensigns at his feet subscribing to a Charter whereby he surrendred his Kingdom to the Pope and paying an Annual Pension of 1000 marks for both the Kingdoms of England and Ireland and professing that thenceforward he would hold Crown and Kingdoms as a Feudetary to the Pope But of this Legat and this action enough before in King John's Pension from whom we pass to Nicolas Thusculanus Nicolas Thusculanus who was the next Legat and came to get the former Grant of King John renewed This man sped so well in his Negotiation as he returned to his Master with great summs of money besides having disposed of a multitude of the spiritual Dignities and Benefices to the Pope's Kinsmen to Italians and Strangers all absent unknown and insufficient yea and to some unborn John Derlington was several years Collector of Peter-Pence Jo. Derlingt Disms and other summs accruing hence to Pope John Nicolas the third and Martin the third of whom Leland sayes thus Jo. Leland Coll. Nullo enim tempore defuerunt suae artes Romanis corrodendi pecunias relicto religioso Apostoli Petri Derlingtonus iniqui proditoris Judae permansit in Officio to reward which service of Derlington the Pope by Provision made him Archbishop of Dublin In an 7 Ed. 1. Bal. de Script Britt Cent. 4. c. 56. wherein as John Bale sayes he carryed himself ut mercenarius non Pastor non ut pascat sed ut mulgeat vel tondeat Otho comes next Otho Matt. Paris fo 446. Acts Mon. Tom. 140.260 H. d'Knight coll fo 2440. who how received and presented how he abused the King pilled the Clergy and in intolerable manner damnified the whole Kingdom is at large related by Matthew Paris and others one viz. Henry de Knighton gives him this exit Hic cum esset onustus pecunia quaedam Statuta edidisset reversus est ad locum unde exierat Of him we meet with this passage Once making an essay to enter Scotland to see what he could get there the Scots King advised him to beware for his Subjects were rough fellows and certainly would do him a mischief when they understood his errand Besides it being a bare Country he might well be slighted as once an honest poor man did the Thieves which he was told were broken into his house Let them alone said he for they will have much ado to find something in the dark when I my self can find nothing in the light But notwithstanding all this discouragement on he went as far as he durst that is to the Borders where some of the Bishops of Scotland meeting him partly with good words and partly with meances
something he got out of them as I remember about 3000 l. of which no doubt but he gave a good account At another time this Otho came to Oxford where he was entertain'd with good respect Ypod. Neustr fo 59 Knighton Coll. 2432 Polychron l. 7. c. 35. and the Schollers after dinner coming to give him a visite the rude Porter at the Gate gave them an uncivil repulse which with throwing scalding water in one of their faces and in revenge thereof the death of the Master Cook such a hubbub was raised that the Legate was glad for safety to get into the Steeple where sculking he might hear the rabble ranging about searching for him and crying out where is that Usurer that Simoniack that piller and poller and filcher of our money who perverting the King and subverting the Kingdom inricheth strangers with our spoils But in the dead of the night out he creeps and with some difficulty got over the River running to the King not far off to whom he tells a pittiful story with his hazards beseeching his protection for those of his Company in great danger left behind Whereupon the King presently sends a Company of armed men who apprehended thirty Schollers ingaged in the Riot which they carryed in Carts to Wallingford Castle and thence to London who being brought barefoot to the Legate's dore upon great intreaty of the Bishops and their penitent submission all were pardoned and the University released of Interdiction Petrus Rubeus comes next in play Pet. Rubeus for the understanding of whose Negotiation and Artifices I will give you only one Paragraph of Matthew Paris Matt. Paris in An. 1240. fo 533. Flor. Hist An. 1240. viz. Per eosdem dies venit in Angliam nova quaedam pecuniae exactio omnibus saeculis inaudita execrabilis Misit enim Papa pater noster Sanctus quendam exactorem in Angliam Petrum Rubeum qui excogitata muscipulatione infinitam pecuniam a miseris Anglicis edoctus erat emungere Intravit enim Religiosorum Capitula cogens seducens eos ad persolvendum exemplo aliorum Praelatorum quos mentitus asserebat gratanter persolvisse Dixit enim ille Episcopus ille ille Abbas ille jam libens satisfecit quidnam vos ignavi tam moramini ut grates cum muneribus amittatis Fecit enim praedictus Impostor jurare ut hoc genus pecuniam extorquendi nulli hominum infra dimidium anni facerent manifestum quasi eliciens hoc ex singulorum primitiva professione cum tantum de honestis sit Consilium Papale celandum Hoc faciendo more praedonum domesticorum qui fidem ab expoliatis extorquent ut nulli pandant nomina spoliantium Sed etiam si homines silerent lapides Ecclesiarum contra grassatores clamorem levarent Nec potuit hoc maleficium latere sub tenebris quomodo enim possent Praelati à suis sibi subjectis pecuniam exigere nisi causa exactionis exprimeretur To all which being so plain and notorious although there needs neither Translation nor Comment yet the English Reader may please to know the import of it to be this An D. 1240. That about that time came into England an abhominable way of exacting money never heard of before For our Holy Father the Pope sent a notable fellow Peter Rubeus by name who with a cunning mouse-trap trick wip'd the poor English of infinite summs of money For he would come amongst the Ecclesiasticks when they were met together in their Chapters and perswade and compel them to promise and pay certain summs telling them lies that many others had given freely That this Bishop and that this Abbot and that had given such and such summs and upbraiding them for their slackness Then the Impostor would make them swear that they would not discover to any one within half a year what they had given telling them that was the antient way of keeping the Popes secrets according to their Oath or promise at their first profession Therein doing like Thieves that extort Oaths from them they rob not to discover their names But here if men should hold their peace the very stones of the Churches would cry out against these robbers c. Contemporary with Rubeus Ruffious Mumelinus were Ruffinus and Mumelinus who acted their parts also in this Tragedy and of whom something before Stephanus Stephanus An. D. 1249. another of the Pope's Legates took his turn also to the great profit of his Master and the universal damage of the Kingdom For the Pope being at difference with the Emperour Frederick this Stephanus was sent to demand and collect the Tenths of all moveables of all the Clergy and Laity both in England Ireland and Wales on which occasion the Argument was apply'd That Rome being the Mother of all Churches ought to be relieved by her Children which was done very dutifully at that time Walo another Legat Walo must not be forgotten and his Province was to gather Procurations throughout all England of all Cathedrals Churches and Religious Houses which he managed strenuously William de Testa was another of the Pope's Legates and Collectors W. de Testa Flor. Hist An. 1307. Tho. Walsin fo 64. Ypod. Neust 97 98. Matthew Westminster and Thomas Walsingham end the raign of King Edward the first with the general Complaints of the Nobles Commons and Clergy of England against the grievances and exactions of this William de Testa and one Peter Hispan the Pope's Legat à Latere in the Parliament held at Carlile The Petitions and address to the King Ryley Placit Parliamentaria fo 376 377. Albertus c. for remedie of those grievances are very remarkable still preserved amongst our Records and lately exhibited to publick view Albertus Alexander Johannes Anglicus Johannes de Diva Ferentinus Martinus Rustandus Petrus Enguelbanck Gasper Pons Pol. Vergil and a multitude more might here be remembred but our Histories being generally fraught with their Acts and devices the curious are referred thither for more satisfaction if they please Besides these Legates Collectors Caursins Lombards and Factors there was another sort of men came over into England much instrumental in improving An. D. 1235. and transmitting the Pope's moneys And these were called Caursins and Lombards Mart. Paris in Hen. 3. fo 417. Italians by Country and terming themselves the Pope's Merchants these drove the trade of letting out of money of which they had great Banks and were esteemed far more severe and merciless than the Jews Matthew Paris gives this Etymology of the name Caursini quasi Capientes ursini because they worryed men like Bears Now because the Pope's Legates and Collectors were all for ready money when any summ by Levy First Fruits Tenths Dispensations c. became due and payable to the Pope by any Prelate Covent Priest or Lay person these Caursins would furnish them with present Cash upon their entring into some solemn Bond or
flood of Mischiefs whereby the purity of the Church was desiled and the Common-wealth perturbed That by his Reservations Commenda's and Provisions of Benefices for such persons as sought to fleece and not to feed the flock of God he committed a sin than which none was at any time more hateful to God or destructive unto man except that of Lucifer nor ever will be but the sin of Antichrist He signified further that no man could with a good Conscience obey the mandates he had sent though they came from the highest order of Angels for they tended not to the edification but the utter ruine of the Church With much more to the like purpose At all which the Pope was so gall'd that he exclaim'd against him thus What means this old dotard this surd absurd man thus to arraign our actions By Peter and Paul I could find in my heart to make him a dreadful example to all the World Is not the King of England our Vassal and both he and his at our pleasure But some of the more temperate Cardinals endeavour'd to allay the Pope's heat telling him the Bishop had said nothing Ut enim vera fateamur vera sunt quae dicit Mat. Parisupr but what they all knew to be true and that it would not be discretion to meddle with a person of his piety worth and fame whereupon all was smother'd and no more words made on 't But for that notable Epistle it self I have been credibly told that it is inrolled in perpetuam rei memoriam in the Red Book in the King's Exchequer at Westminster with this Marginal Note Papa Antichristus And there is a very memorable Epistle of Petrus Cassiodorus a noble Italian Knight Jo. Bal. de Rom. Pont. Act. lib. 6. Acts Mon. vol. 1. fo 46◠written to the English Church about the twenty ninth year of K. Edw. 1. exhorting them to cast off the Romish yoak of Tyranny oppression and exaction formerly preserved in Manuscript in St. Albans Monastery but since made publick too large to be here inserted but most worthy to be perused The Poets also according to the scantling of the wit of those times spared not to satyrize upon these intolerable exactions of the Popes one whereof made this Distich Roma capit marcas bursas exhaurit Antiquit. Britt An. 1337. arcas Vt tibi tu parcas fuge Papas Patriarchas Rome drains all Bags all Chests and Burses Of all their Pounds and Marks If therefore you would save your Purses Fly Popes and Patriarchs Observable also is it upon these incroachments and extorsions how sometimes our Kings would despond and tamely suffer the Popes and their Legates to grow upon them and at other times rouze up themselves and give some check to their insolencies As K. Hen. 3. though a facile man yet was once so inrag'd against Rubeus that he bad him be gone out of his Kingdom in the Devil's name And as these exactions were at the height in that King's time yet his Successors did not always suffer them so to continue being forced to set some bounds to those avaricious torrents Pol. Vergil Hist in Ric 2. lib. 20. by the Statutes of Provisors and Premunire and oftentimes to give stout denials to unreasonable demands as the English Clergy themselves at last Lo. Herb. Hen. 8. fo 57 59. adventured to do in the years 1515. and 1518. And observable also is it that Q. Mary though most zealous for the Doctrines of the Church of Rome yet in restoring the Pope's Supremacy she and the State were very cautious like those whom others harms had made to beware and some prudent provisions were made in that behalf Stat. 1 2 Phil. mar cap. 8. Coke 3. Instit cap. 4. fo 127. neither were the Statutes of Premunire repeal'd in all her raign but the Pope's Supremacy was restor'd not simpliciter but secundum quid as bounded within some legal limitations But her raign was short and not pleasant and the Pope wanted time to work her for his purpose for having got his head in he did not doubt but by degrees to thrust in his whole body for it is ever observable that in the Papal concerns there is no moderation for they must have all or nothing let their pretences and promises at first admission be what ever they will And whatever Prince or State shall once admit of any Papal authority within their Dominions their destiny may easily be read that they and their people must for ever after be slaves or if they once begin to boggle or kick the Casuists have legitimated many ways to rid them out of the World for the advancement of the Catholick cause and the propagation of the Roman Faith Now after this imperfect Account given of the Rents and Revenues of the Popes heretofore issuing out of this Kingdom if any one shall desire to have some estimate made of the summs I must profess it beyond the reach of my Arithmetick and when I see any Accountant do it Erit mihi magnus Apollo Yet this is certain that they were very vast Otherwise there was no ground for that Complaint which was made by the Kingdom 's Representative in the raign of K. Edw. 3. Rot. Parl. 50 Ed. 3. nu 105. Mat. Paris 224. That the Pope's Collector held a receipt or audit equal to a Prince Or for that which King John wrote to the Pope in his time That this Kingdom yielded him more profits than all the other Countreys on this side the Alpes Id. 224. Or for that boast of the Pope Vere inquit Papa hortus noster deliciarum est Anglia vere puteus est inexhaustus Et ubi multa abundant de multis multa sumere licet Antiq Britt fo 178. Or for the computation made in the time of King Hen. 3. Repertus est annuus redditus Papae talis quem ne regius quidem attigit That the Pope's rents exceeded the Crown revenues Or the Remonstrance to the same purpose from the whole Kingdom to Pope Innocent the fourth in the year 1245. Matt. Paris fo 666. 698. Act. Mon. Tom. 1. exhibited by Mat. Paris Fox and others too long to be here inferred but most worthy to be read and the import thereof throughly understood Nay we may well judge the Pope's incomes to exceed all account when it appears that notwithstanding some notable provisions of State to the contrary the Pope's intradó should yet carry so huge a proportion That in the Parliament held in the twenty third year of King Hen. Io. Herb. Hist Hen. 8. fo 330. 8. it was computed that the Papacy had received out of England for the Investitures of Bishops only since the second year of King Hen. 7. not much above 40 years 160000 l. sterling an incredible sum considering the scarcity and value of silver at that time and the laws against such exportations And the sums going to Rome
must needs be infinite Stat. 25 H. 8. cap. 21. when a Statute prohibiting the payment of any impositions to the Bishop of Rome and enumerating some of the ways whereby the same were exacted and raised concludes those ways and means to have been infinite But it is not more difficult to give a perfect account of all the summs than it is easie to apprehend and understand the malevolent influence that all this had upon the Kingdom when it is most evident that our Kings were thereby continually affronted vexed and debased The Rights of all persons injuriously invaded and usurp'd upon The Coin and Treasure of the Nation continually drained out The secrets of the Kingdom discovered All Arts Learning and Trading discouraged The whole Nation weakned and reduced to a state of poverty and slavery to Strangers and laid open and naked to the invasion of all enemies All which we have transmitted to us by unquestionable Authorities the Rolls and Records of Parliaments Statutes and the Historians of those times generally Romanists not sparing to speak out though so much reflecting upon their Holy Father the Pope choosing rather to discover the Truth than conceal their Fathers shame CHAP. XXIII Matthew Paris Vindicated OF the Historians which we have made use of in these discoveries and Collections you see we have been much beholden to Matt. Paris who seldom spares to cry out with great resolution upon the corruptions of the Church in his time and particularly upon the cruel exactions and extorsions of the Popes and their Creatures who biting so hard upon this sore I find the Cardinals Bellarmine and Baronius endeavouring to loosen his teeth Bellarmin speaks of him thus Bell. de Script Eccl. in M. Paris fo 248. Haec Historia multa habet scitu digna praesertim de rebus Ecclesiasticis de concilio Lugdunensi de dissidio inter Ecclesiam Imperium Sed quoniam editaest ab haereticis Tigurinis caute legenda est non pauca enim leguntur tum in ipso libro tum in notis marginalibus quae videntur addita ab haereticis ad invidiam conflandam Rom. Ecclesiae i. e. This History hath many things worthy to be known chiefly touching Ecclesiastical affairs the Council of Lyons and the difference between the Church and the Empire But inasmuch as it is now published by the Tigurin Hereticks it is to be warily read for there are not a few things as well in the Book it self as in the Marginal Notes which seem to have have been added by Hereticks to throw envy on the Roman Church And then Baronius thus Baron Annal. An. Ch. 996. Matt. Paris Hist Ang. Ã quo si quis demat calumnias invectivas dicacitates blasphemias in Sedem Apostolicam ejusque Pontifices nisi probra illa fuerint additamenta potius ejus qui primus edidit haeretici hominis cum peculiare sit illis libros quos potuerint depravare aureum sane dixerit comentarium i. e. Matt. Paris the English Historian whose calumnies invectives twatling malapertness and blasphemies against the See Apostolick and the Popes if any one lay aside unless those reproaches were rather the additions of some Heretick that first publish'd him as it is peculiar to such to deprave all the Books they can he might esteem it a golden Comentary Which aspersions upon the credit of our Historian induces me to make a little enquiry into his quality and reputation and that the rather in regard I find two of our own Countrymen endeavouring also to throw some blots upon his credit viz. John Pitz a Collector of our English Writers insinuating his discoveries of the corruptions of the Church in his time non ab ipso sic scripta Jo. Pitz. de Script Angl. Aet 13.367 Brian Twine de Antiq. Oxon li. 3. fo 283. sed ab aliis illi falso ascripta fuisse And Brian Twine the Oxford Advocate suspecting the fidelity of Archbishop Parker in his Edition of Matt. Paris For what the Romanists say against our Historian it imports no more than a light suspicion only that something was added by the first Editor and nothing affirmed directly or if it were it would soon vanish upon this consideration that what Matt. Paris writes stands justified not only by all the authentick Eadmerus lib. 2. Malmsb. lib. 2. fo 136. Nubrigens lib. 1. cap. 10. and uncontroulable Records but also by the concurrence of all the Historians of that Age besides what we shall presently hear in vindication of our Editions more directly And first premising that Matthew was a Benedictine Monk of St. Alban's a Servant and Favourite of King Hen. 3. in whose time he liv'd and at whose instance he compil'd his History imployed by Pope Innocent the fourth not only to visit the Monks in the Diocess of Norwich but also sent to reform a Convent in Norway much corrupted Let 's then see what testimonies are given of him Leland thus Jo. Leland Tom. 4.10 207. Domum reversus assidue quemadmodum ante fecit studiis vacabat ac doctos viros quotquot tunc temporis in Britannia claruerunt impensissime coluit unde variam sibi multarum rerum cognitionem pariebat Quid dixi sibi pariebat immo patriae potius posteritati Jo. Bale Jo. Balaeus de Script Brit. cent 4. n. 26. to the same purpose and further giving an account of his Histories In quibus says he quorundam Rom. Pontificum avaritias fraudes mendacia dolos pompas impudentias tyrannides artes pessimas ita depinxit ut nunquam ullus Apelles melius The Centuriators of Magdeburg give him this Character Cent. Aet 13. cap. 10. Vir imprimis eruditus fuit qui singulari fide dexteritate Historiam Anglorum conscripsit proceeding in the words of Bale before Flaccius Illyricus Catalog Test lib. 16. speaking of his History saith thus In eo opere valde multa narrat de gravissima Papae tyrannide qui miris artibus omnia Eccles jura ad se rapuerit imo quam multiplicibus artibus Angliam penitus sit depraedatus expilaverit exsuxerit The learned Isaac Casaubon Is Casaubâ—n Epist ad Carier Ep. 1. without question for good reason breaks out thus Quis nescit sanctissimam Paparum authoritatem dudum versam esse in horribilem tyrannidem Jam elapsa sunt multa secula cum omnes boni hoc vident gemunt Vnus Matthaeus Paris probationi ejus rei satis superque fuerit And Epist 99. in another Epistle of his he defends Matt. Paris against the false accusations of Coifetellus drawn from that of Bellarmin and Baronius before adding Proleg ad Ex. Baronian that his own Eyes comparing the Prints with the extant Manuscripts sufficiently confuted their slanders as vain ridiculous and false in regard he found no variance at all between them especially in that which concerns the Pope's rapines and thereupon he concludes thus Quare falsissima est
Baronii Bellarmini confectura The modest and learned Ger. Jo. Vossius Ger. Voss de Hist Latinis lib. 2. cap. 58. on whose credit much may be taken up of our Historian saith thus Historia Matt. Paris Cantabrigiae adservatur in Collegio S. Benedicti Vti in Bibliotheca Baronis de Lumleio ac primum Londini post Tiguri typis divulgata fuit atque id fide bona ut Manuscripti quos dixi codices culvis fidem fecerint and then he takes notice of that invidious aspersion of Twine who being an Oxford man it seems he was never so happy as to see that incomparable treasure of Antiquities in Benet Colledge Library in Cambridge congested by that most worthy Prelate where his own Eyes might have confuted the slander of his pen. Degoreus Whear Deg. Whear de Mâ—hâ—d legend Hist sect 29. in his excellent Methodus c. ranks our Historian amongst the rest thus His etiam adnectat veram illam fidelem Matthaei Parisiensis Historiam Lastly An. D. 1640. Londini Dr. W. Watts a very good Antiquary and Historian puts forth Mat. Paris again in an excellent Equipage and with all attendants befitting his merit having first compared the former London Edition of Archb. Parker with all the Manuscripts extant and then Printing this Verbatim with the former as not finding that differing at all from the Manuscripts One whereof remaining in the King's Library at St. James's Proleg ut supr and which Is Casaubon examined and had some time in his keeping is taken to be the very authentick 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 of the Author written with his own hand and heretofore kept in the Monastery Library of St. Alban's Then for the aspersion of Twine it is without all doubt as false and frivolous as it is unworthy proceeding chiefly from his inveterateness against the most eminent University of Cambridge which it seems he could not vent without endeavouring to blast the memory of a most reverend learned and faithful Prelate whose great integrity and fame will ever stand impenetrable to the teeth of this angry nibler Thus having set our honest Author rectus in Curia upon the testimonies of so many creditable Witnesses we may well conclude That the Times the Popes and the Court of Rome were corrupted and not the Historian and that what we have of Matt. Paris is but the Eccho of the People's complaints and groans in those times which sounding so harsh in the Romanists ears it is no wonder they are so displeased to hear it CHAP. XXIV Abbies Monasteries c. HItherto our Collections have reached only to mention or point at such summs of money as heretofore went out of England to the Popes and Court of Rome whilst they excercifed any power here Now if I should proceed to specifie the other vast summs of money as yearly nay daily issued out of the King 's publick Exchequer and the People's private purses upon the score of Popery and as appurtenant thereunto spent and expended within the Kingdom to vain insignificant and superstitious purposes I should tire my Reader with multitudes of particulars and yet shame my self in falling so infinitely short of such an Account as Truth would make And therefore I shall only hint briefly at some heads or generals of the same In the first place then Vâ—d Speed's Catalâ—gâ—e the founding and endowing of a multitude of Abbies Monasteries Nunneries Chanteries Free-Chappels and Colledges within the Realm and those generally with the best lands and revenues exhausted and swallowed up many fair estates diverting them from the right heirs to the ruine or decay of many noble Houses and Families Then the Votaries that entered into these Abbies Monasteries and Nunneries alwayes carryed their portions and estates along with them and by themselves or their friends gave either Lands Goods Plate Jewels Copes Vestments or some other Ornament at their first admittance into one of the Convents as many English do at this day upon their entrance into religious houses and Orders beyond the Seas These Houses were also wonderfully inrich'd by the burials of great Persons in them Weaver Pun. Mon. fo 158. For in this matter of Sepulture Monasteries and Abbies were alwayes preferred greatly before all other Churches upon the estimation of the Sanctity of those places and a presumption that their Souls in Purgatory should have some benefit by the Prayers of the professed there with this further confidence that such as were buryed in Fryers habits should have wonderful advantages thereby For which purpose St. Riâ— Baker in K. John Dugdal Ant. Warw. fo 115. it is said that King John was buryed at Worcester in a Monks Cowl And Mr. Dugdale makes mention of some of the Honourable family of the Hastings that lye buryed in the Grey Fryers at Coventre in the very habits of Fryers Minors Proceeding that this Orders of Fryers was so much reverenced by the generality of people that by the Bequests and Testaments of most men and women of abilities it appears that formerly they seldom neglected to give more or less to one or other religious House of this Rule and if they were Persons of quality they commonly made choice of their Sepulture in one of them Neither was it the least policy of these Fryers to obtain from great persons such a disposal of their bodies considering how they were generally employed and trusted in making their Wills and Testaments for where ever they sped in that kind they were sure to have a good Legacy from the Testator and not without hope by so fair an Example to obtain no less advantage by his posterity Thomas Walsingham Tho Walsing in Ed. 1 fo 20. speaking of the burial of Queen Elianor's heart in the Church of the Fryers Minors in London did not without cause complain thus of them Qui meaning the said Fryers sicuti cuncti fratres reliquorum ordinum aliquid de corporibus quorumcunque potentium morientium sibimet vendicabant more canum cadaveribus assistentium ubi quisque suam particulam avide consumendam expectat i. e. These as all the Fryers of the like Orders challenged something as their due from the bodies of great men dying like a company of dogs snatching every one at a piece of a dead Carcass Thus Walsingham being a Monk out of envy spared not to snarle at the nimble Fryers who no doubt but some time or other would be even with him and those of his Order Then these Professed Monks and Fryers upon their visiting and confessing of the sick alwayes used the most perswasive arguments they could for the sick person to bestow something toward maintenance of their Fraternities or repairing of their Covents and that he would bequeath his Body to be buryed in the Church of their Covent promising they would daily say Prayers and Masses for his soul's ease in and release out of Purgatory And by confessing such as were in health they frequently
and unacquainted and half forgotten Suppliants poor Prisoners of God the silly Souls in Purgatory here abiding and induring the grievous pains and hote clensing fire c. But yet not trusting to the uncertain Charity of others most persons strained to the utmost and many most excessively their fortunes considered to leave some provision behind them for that purpose and most commonly by their last Wills and Testaments which were accounted sacred and carrying an Obligation more than ordinary for all persons concern'd to see them performed and thereby or by Acts executed in their life-time it was not rare for many men though they had many Children to provide for or many debts to pay to post-pone all relations and considerations to this concern of the Soul and to appoint and take Order for Masses Satisfactory Anniversaries Obits Requiems Dirges Placebo's Trentalls Lamps Lights and other offices to be performed daily weekly monethly or yearly as far as the summs destin'd would afford for the ease and help of the Testator's Soul Masses satisfactory Masses were the Romish service appointed to be said or sung at a certain time or times and at an appointed place at such an Altar or in such a Chappel with special reference to or remembrance of such a Soul or Souls tormented in Purgatory An Anniversary Anniversaâ—y was the appointment and performance of Prayers at such or such a time once a year for the souls of deceased persons Commonly upon the day of the death of the party who appointed it and this in imitation of the old Anniversary dayes whereon the Martyrdom or deaths of Saints were celebrated An Obit Obit was a funeral Office performed for the dead and for his Soul's health at certain times and place appointed A Requiem Requiem was on Office or Mass commonly sung for the dead so called from those words in it Requiem aeternam dona eis Domine A Dirge Dirge quasi dirige was an office of the same nature for Souls in Purgatory so called from the first word of the first Antiphone in the Office Dirige c. A Placebo Placebo was another such like Office or Service performed for the health and good Estate of some Soul or Souls so called from the word Placebo being the first word of the Office A Trental from the French Trente Trental was a service of thirty Masses said or sung for the dead or a service performed thirty dayes after their death Lamps and Lights Lamps Lights were by many ordered to be continually burning before some certain Altan Image or place or over some Sepulcher so hallowed as conceived to afford some ease or benefit to Souls in Purgatory The revenues that were given and setled for the maintenance of these and such like devices which were very considerable throughout the Kingdom were by the Stat. 1 Edward the sixth Cap. 14. Stat. 1 Ed. 6. Cap. 14. given to the King and they as vain and Superstitious inventions quite nulled What an esteem was formerly had of the vertue and efficacy of these Masses c. may partly appear by a memorable Record still extant viz. Alianor Consort of King Edward the first dying Pat. 19 E. 1. m. 11. Litera supplicatoria de orando pro regina defuncta the King sent out a writ to all the religious Houses and Monks of Cluny in England to sing Masses and make Prayers for her Soul and to câ—rtifie him the number of the Masses they should perform on that behalf that proportionably he might shew his gratitude to them So in the year 1290. Chron. W. Thorn Coll. 1958. Dominus Thomas Prior of Christs Church in Canterbury concessit Domino Regi in festa translationis beati Edvarâ—i Quinquaginta Psalteria Duo Millia CCCL Missas pro animabus Progenitorum suorum Reginarum Angliae as an Extraordinary liberality and spiritual Alms. As is related by W. Thorn And about the same time also it was Bundel Brev An. 19 Ed. 1. in Turt Lond. that Arnald Otho Abbot of Condam sent a certificate to the King to inform him what Prayers Masses and Anniversarys he and his Monastery had ordered for the speedy translation of his deceased Queen to the heavenly joys From all this now may easily be apprehended the force of vitiated and depraved Imaginations when men's Intellectua's are first blinded with ignorance and then led by Superstition being affrighted with uncouth relations of Apparitions Miracles and the horrours of an imaginary Purgatory what will they not do or undertake to alleviate and mitigate in tanto if not in toto those approaching torments and for that purpose suffer themselves to be haled and pulled sometimes one way by guides as blind as themselves and sometimes another by treacherous and dangerous designers Yet in the darkest of these times there wanted not some that could discern that all was not right and that they were gotten into a very uncertain and dangerous road and in as much danger from their guides as the enemy which they would avoid Some of these in a more serious way protesting and advising both against the Errour and the danger of it had their mouths soon stopp'd when others more jocular between jest and earnest as it were made bold with the corruptions and abuses of the times witness the wits and Satyrists of their respective times Rob. of Glocester John Harding Jeffrey Chancer John Gower Rob. Longland alià s Piers Plowman Lydgate and many more whose dull rimes carryed a cutting sence with them Indeed though the Lashes of a Satyrist seldom or never produce amendment of Epidemical vices and Errors yet in this they have their fruit that thereby posterity is oftentimes more truly informed of the manners and genius of times than by the professed Historian who rarely touches that string And by these the abuses and cheats of Priests Monks and Fryers in their Masses Confessions Shrifts Penances Pardons Indulgences Miracles Reliques c. all serving to fill the people's brains with vain and terrible apprehensions and to empty their purses were according to the wit of their respective Ages to the warning of this notably and smartly detected arraigned and condemned A multitude more of instances might be given of the Chargeableness and expensiveness of Popery whereby the People were daily abused and improverished to the inriching of others with their spoils whose natural office and duty was to feed and not to fleece the flock Hence hath bin noted the ready tendency of degenerate Religion when it throws off its spiritual temper at the same time to grasp at Temporal Power and Temporal Riches How that Power was usurp'd we have in part seen in the first Tract and how the Riches were ingross'd we have endeavoured to make some discovery in this and amongst all the Arts used for that purpose none proved more effectual than this device of Purgatory this was the fire that alwayes kept the Pope's Kitchin warm and gave life
to Indulgences Pardons Dispensations Jubiles Regular Foundations Shrines Masses Confessions c. I must confess I have sometimes endeavour'd to understand the nature and import of this Popish Purgatory but could never yet meet with any satisfaction therein And to say truth the differences amongst the Papists are so many and irreconcileable in all the points and circumstances which concern this Doctrine that they serve sufficiently in stead of all other reasons and arguments to confute it Eâ—kius in Encheiâ—id First for the place Eckius will have it to be in the bottom of the Sea Some will have it in mount Aetna Vesuvius Hecla Ande or some such other ignivomous Montgibels and Bernard de Bustis in an Hill of Ireland In Rosaâ— parâ— 3. Ca. 2. Next for the torments Sir Thomas More will have them to be only by fire but Fisher his fellow-sufferer by fire and by water Lorichius neither by fire Lorich Instit Cathol nor water but by the violent convulsions of Hope and Fear Then Vid. B. Jewels Defence part 2. cap. 16. for the Executioners or Tormentors these differ no less again for Bishop Fisher will have them to be the Holy Angels but Sir Thomas More to be the very Devils Then for the sins to be there expiated some will have them to be the Venial only and others say the Mortal too And for the time of Souls continuance in that State Dionys Carthus de 4. Noviss Dennis the Carthusian extends it to the end of the world when Dominicus à Soto limits it to ten years and others make it depend on the number of the Masses and Offices that shall be done on their behalf or if the Pope do but speak the word Lastly for the extremity of the pains Aquinas makes them as violent as those of Hell But the Rhemists say Rhem. Annot. in Apoc. 14.13 Durand de Offic. mortuor cap. 7. Beda Eccles Hist lib. 5. cap. 13. that the Souls there are in a very fine condition And Durandus between these extremes gives them some intermission from those terrible pains upon Sundayes and Holy-dayes Beda tells a long story of a Northumberland man that after he dyed returned to life again and gave a relation of the condition of those piteous Souls viz. that he passed through the middle of a long and large valley that had two lakes in it on either side one all along both top-ful of Souls constantly leaping out of one into the other in the one of these lakes the Souls were tormented with Fire and in the other with freezing cold and when a Soul had bin so long in the hot lake that it could endure no longer it would skip out into the cold lake and when it had layn so long there as that became intolerable it would leap back again into the fiery apartment and so they continued continually tormented with that alternation of heat and cold But by all this uncertainty or contrariety rather of opinions it may clearly be seen upon what weak foundations they have raised this building which certainly would have fallen to the ground long ago if it had not bin for the profit which the Popes Priests and Fryers have raised by the fiction And upon this one point of Popish Doctrine viz. Purgatory as I noted before their Masses Requiems Dirges Trentals Prayers for the dead the Doctrine of merits works of Supererogation Indulgences Pardons Jubiles c. do depend all tending to bring into the heavenly Exchequer at Rome where by inversion of the Holy Scripture Gain is great Godliness and though St. Peter said Silver and Gold have I none yet those which pretend to be his Successors ingross to themselves the Treasures of the world for to the support of that usurped Hierarchy all Kings with the People were by these Arts forced to contribute and to make surrendry of their Temporal Power and Temporal Riches And though the Pope as the Head thereof glutted himself with the cream of the Kingdom 's wealth yet all the other members down to the very petty-toes of that Romish Body would be continually raking and scraping for themselves being as spunges to suck from the People that they might afford sometimes to be squeezed by the Pope CHAP. XXV The Frier's Case ONe way specified before of carrying great summs out of the Kingdom to Rome was Appeals and drawing a multitude of Causes to be heard and determined in the Court of Rome and though those were not always the most weighty or difficult yet whatever the suggestion was if introduced with money the cause was receiv'd and treated accordingly And now for a Conclusion and that my Reader may as well be a little recreated as informed what kind of causes were brought sometimes before his Holiness and his Courts I will give him a Report or Relation of a certain case transmitted thither as it receiv'd a hearing re-hearing and re-re-hearing before it had its final Resolution in the Court of Rome as depending there near upon Fifty years before it was dismist St. Francis Anti-mach fo 86 c. the Founder of the Order of Franciscan Friers about the year 1198. amongst other Articles of his Rule Ordained thus That all that were of his Order for Apparel should cloath themselves with the basest vilest and of the lowest price that could be That they should only have one Coat with a Hood and another without a Hood That they should wear no shoos nor ride on Horseback Now amongst the Friers of this Order there grew great differences and disputations about the Interpretation of this one Article To compose which a General Chapter or Convention was held that the true meaning of the Article might be understood and declared and that all might sort themselves to one Habit for some wore habits of one colour and some of another and some wore short and others long insomuch as they seemed not to be all of the same Rule and Order In this Chapter or Convention there were notable disputes and arguments upon all the points or branches of this Article But about the two last points they came to agreement without much difficulty for seeing they were forbidden to ride on Horseback they resolv'd to ride but on Asses and Mules or to go on foot as now commonly they do wherein they considered also the convenience of Asses in regard they could keep them in their Covents at an easier charge than Horses for they would live very well without Provender And for Shoos they resolved that they would take away the uper leather leaving a sole only with a thong to go over the foot to make the sole fast to the foot and so they should not be Shoos but Soles But the great difficulty was about the Coat and Hood And there were some cunning Friers good at division who divided the first branch of the Article into three principal Points or Questions The First about the Colour The Second about the Quantity And the
12. but by matter of Record and that in regard of the Dignity of his Person Secondly Causa Necessitatis as in case to avoyd the Attainder of him that hath Right to the Crown As if the right Heir to the Crown be Attaint of High Treason yet shall the Crown descend to him and eo instanti when it happens without any other reversal the Attainder is purged as it fell out in the Case of King Henry 7. lest in the interim 1 Hen. 7. fo 4. b. there should be an Interregnum which the Law of England will not suffer any more than nature doth a Vacuum As also by vertue of this Politick Capacity though the King be within Age yet he may make Leases and Grants and the same shall be valid for otherwise his revenue would decay and the King would not be able to reward service c. Thirdly Causa Vtilitatis As when Lands and Tenements or Possessions descend from his collateral Ancestors being Subjects as suppose from the Earl of March c. to the King the King is seised or possessed of them jure Coronae in his Politick Capacity and they shall go with the Crown And in this Capacity it was that Queen Elizabeth had and injoyed all that belonged to Queen Mary though they were but Sisters of the half Blood which no others could do And as the Crown of England is Descendible to the Heirs males yet when a King dies and leaves no Son but Daughters only the Crown and Dignity Royal descends to the Kings eldest Daughter alone and to her Posterity and so it hath bin declared by a Parliament for Regnum non est divisibile Stat. 25 Hen. 8. cap. 22. And there shall be no Possessio fratris of the Lands of the Crown for the quality of the Person doth in these and many other likes cases alter the descent So as all the Lands and Possessions whereof the King is seised or possessed jure coronae shall attend upon and follow the Crown unto whomsoever it shall Descend for the Crown and the Possessions of the same are concomitantia The naturall Body of the King being thus invested with his Politick and Royal Capacity we behold him as the Representative and Lieutenant of God Almighty who is King of Kings All Power is from God and Imperium non nisi Divino fato datur And therefore Plato did say That God did not appoint and establish men that is men of a common sort and sufficiency and purely Humane to rule and govern others cautiously to be understood but such as by some Divine touch singular vertue and gift of Heaven do excel others and therefore they are called Heroes and stand in Comparison with others as we may conceive of the Air which if we do compare with the Heavens it is a kind of Earth but if we compare it with the Earth it is then a kind of Heaven So of King's if we compare them with God Almighty they are but a kind of men but if we compare them with other men they are a kind of gods both intimated in that of the Psalmist I have said ye are gods but ye shall dye like men This Royal majesty of the King of England is replenished with plenary and undoubted Right and Authority to rule and govern all his Subjects and that in all Causes as well Ecclesiastical as Temporal For this Kingdom of England is a Soveraign Empire or Monarchy consisting of one Head the Soveraign or King and of a Body Politick the People and this Body is distinguished into the Clergy and the Laity all of them intirely Subject to their Royal Head the King who as before is said is furnished and instituted with an intire Authority over every Subject of what degree or quality soever and that in all causes Ecclesiastical and Temporal For otherwise the King would be imperfect in his Authority contrary to the true notion of Soveraignty and thereby disabled to deliver Justice in all causes to all his Subjects or to punish all crimes and offences within his Dominions a consideration of high import for the necessary security both of Prince and People But notwithstanding the full and Soveraign Right of the King to rule and govern all his Subjects and that in all causes and consequently the just and necessary duty of all his Subjects to yield a full and intire Obedience to all the Kings good Laws for it is the Law that measures out and spiriteth the King's Authority as it directs and enforces the Subject's Obedience yet so it hath bin and so it is in our Antinomian times partly by the obstinacy and devotedness of some the weakness and ignorance of others and the peevishness and perversness of many that there is a multitude of natural born Subjects in this Kingdom who in defiance of the Laws both in their Opinions and Practices deny or oppose our Soveraigns Supremacy On the one hand there are the Sectaries who notwithstanding the Law is the Standard of true Allegiance make the ground the rule and measures of their Allegiance to be their own private fancies And though the Law is the bright Sun shining in the Horizon of this Kingdom by the Light whereof every one ought to guide his actions yet these men out-stare this Sun and giddily run some of them after the Ignis fatuus of a pretended Light within them some after the false fires of a misguided zeal too many after the Boutfeaus or male-content Incendiaries and some after the very fumes of Hypochondriacal fits mistaken for visions and Revelations On the other hand there are the Devoto's of Rome who in contempt of the King's Laws and Authority make the rules and measures of their Allegiance to be the will and pleasure of a Forrainer As the Sectaries set up a Pope in every man's Conscience whilst they invest it with a power to control the Decrees of Princes and new Lights for themselves to live and walk by these contrarily put out their own Eyes and give themselves up to be led by an infallible Head as they think to whom whilst they yield a blind Obedience they cannot see to be good Subjects These men of both sorts strike at our Supremacy the very foundation and heart-string of Government and by whom the very Sinews of Soveraignty are cut asunder when either upon the suggestions of fanatical delusions or the imperious awes of an extraneous Power the King 's natural Subjects shall audaciously lift up their Hands and Heels against him My Province at this time to wave all disputes shall only be to make some discovery of those Foundations of Law Right and Authority whereon our King's Supremacy is built by the Legal and unquestionable Historical Evidences and Manifesto's of the same and whilst I keep close there I shall be sure to be on a safe bottom I shall not pretend to wade into the vast Ocean of the King's Prerogative in all its extensions but shall confine my self to the affair
3. Cap. 1 2. Stat. 38 Ed. 3. Cap. 3. Stat. Statutes of Pâ—ovâ—sors and Preminire 16 Ric. 2. Cap. 5. Stat. 2 Hen. 4. Cap. 3. Stat. 6 Hen. 4. Cap. 1. Stat. 7 Hen. 7. Cap. 6. Stat. 3 Hen. 5. Cap. 4. Stat. 1 Hen. 7. Cap. 4. Stat. 24 Hen. 8. Cap. 12. Stat. 25 Hen. 8. Cap. 21. Stat. 1 Eliz. Cap. 1. c. By all which with the foregoing Resolutions and Presidents to which a multitude more to the same purpose might be added it doth appear clearly that long before the time of King Hen. 8. divers Statutes and Laws were made and declared against forrain incroachments upon the Rights of the Crown in this matter and those as sharp and severe as any Statutes for that purpose have been made in later times though then both King Lords and Commons that made those Laws and the Judges that did interpret them did for the most part follow the same Opinions in Religion which were held and taught in the Church of Rome And therefore those that will lay upon this Nation the imputation of Schism for denying the Pope's Supremacy here Vid. Case de Premunire in St. John Davys Rep. must charge it many Ages before the time of King Henry the eighth For the Kings Lords and Commons of this Realm have ever been most eminent for asserting their just Rights and Liberties disdaining to become a Tributary Province as it were to the See of Rome or part of St. Peter's earthly Patrimony in Demesn And the Faith and Loyalty of the English race hath bin generally such though true it is that every Age hath brought forth some singular monsters of disloyalty as no pretence of zeal or Religion could ever draw the greater part of the Subjects for to submit themselves to a forrain Yoke no not when Popery was in greatest height and exaltation of all which the aforesaid Statutes are manifest Evidences being generally made at the Prayer of the Commons as by their Preambles may appear most worthy to be read Particularly in the Preamble to the Statute of 16 Ric. 2. They complain Sta. 16 Ric. 2. cap. 5. That by Bulls and Processes from Rome the King is deprived of that Jurisdiction which belongs of right to his Imperial Crown That the King doth lose the service and Counsel of his Prelates and learned men by translations made by the Bishop of Rome That the King's Laws are defeated at his will the Treasure of the Realm is exhausted and exported to inrich his Court And that by those means the Crown of England which hath ever bin free and subject unto none but immediately unto God should be submitted unto the Bishop of Rome to the utter destruction of the King and the whole Realm which God defend say they and thereupon out of their zeal and loyalty they offer to live and dye with the King in defence of the liberties of the Crown And then they pray the King to examine all the Lords in Parliament what they thought of these wrongs and usurpations and whether they would stand with the King in defence of his Royal liberties which being done the Lords Spiritual and Temporal did all answer that these usurpations of the Bishop of Rome were against the liberties of the Crown and that they were all bound by their Allegiance to stand with the King and to maintain his Honour and Prerogative Upon producing and averrement of all this it is requisite some satisfaction be given about the conclusion that hapned so different to these premises For if the Kings and People of England have in all times been so sensible of and zealous for their just Rights how could the Roman Power in derogation of those Rights arrive to such a consistence and height as here it was for many years To this as to the means and manner of that acquist to keep within our Historical compass First let it be premised as undoubtedly true That before the time of the Norman Conquest the Bishops of Rome had very little or nothing to do here as well in matter of Fact as of Right For before that time the Pope's Writ did not run in England His Bulls of Excommunication and Provision came not hither no Citations or Appeals were made from hence to the Court of Rome Our Archbishops did not purchase their Palls there Neither had the Pope the Investiture of any of our Bishopricks And Ingulphus who lived in the Conquerours time a Favourite and one preferred by him thus informs Ingulph Hist fo 901. A multis namque annis retroactis nulla Electio Praelatorum erat libera mere Canonica sed omnes dignitates tam Episcoporum quam Abbatum per annulum baculum regis curia pro sua Complacentia conferebat For as it is observable that under the Temporal Empire of Rome Brittain was one of the last Provinces that was won and one of the first that was lost again So under the Spiritual Empire of the Pope England was one of the last Countrys of Christendom that received the Yoke and one of the first that cast it off But for our purpose that the Bishops of Rome had any Jurisdiction or Hierarchical Authority in the times of the Brittains Saxons or Danes there is an altum silentium in all our Histories and Records For the times of the Brittains Eleuth Epist Eleutherius Pope about 180 years after Christ writes to Lucius the Brittish King and stiles him God's Vicar within his own Kingdom and sure he would not have given that Title to the King if himself under pretence of being God's Vicar-General on Earth had claimed Jurisdiction over all Christian Kingdoms After that Beda Eccl. Hist Matt. Westm Polychron Fab. Huntingd. c. about the year 600. Austin the Monk was sent by Pope Gregory into England to convert the Saxons to the Christian Faith But the Brittish Bishops then residing in Wales gave no regard either to his Commission or his Doctrines as not owing any duty to or dependence upon Rome but still retained their Ceremonies and Traditions which they received from the East Church upon the first plantation of Christianity being both divers and contrary to those of the Church of Rome which Austin did indeavour to impose upon them Usser de Prim. Eccl. Brit. Then about the year 660 there is a famous disputation celebrated between one Colman and one Wilfrid touching the Observation of Easter wherein the Brittains differed from the practice of the Roman Church from which is plainly inferrable that the Authority of the Bishop of Rome was at that time of no estimation in this Island And that the Primitive Churches of Brittain were instituted according to the form of the East and not of the West Church Nay upon the first coming of Austin and his retinue into Brittain there was such a strangness and averseness to him that one Daganus a British Beda Eccl. Hist lib. 2. cap. 4 Spelm. Concil Tom. 1. fo 129.
and Religion than in those that dwelt nearest to Rome the main point of Religion there practised being how to draw this Prince or that State or Territory under the Spiritual Dominion of the Pope Pâ—atin in vits Gâ—â—g 7. there esteemed the very Atlas of the World with power to depose dispose and impose in all Kingdoms as he please But for true Christianity Hosâ— in de Orâ—g Monac li. 6. ca. 66. Hospinian affirms that the name of Christian in the Italian tongue was used to note a Block-head and a Fool. Add to this the many Treasons Rebellions Perjuries Wars and Commotions raised in Christendom about this very quarrel And for this main drift of the Papacy for Dominion in all places but now mentioned it is visible that the Pope's Supremacy is the foundation that supports the whole building of that Hierarchy and therefore it hath been thought necessary by them always to lay that stone in the first place As about the year 1594. the Bishops of South Russia being under the King of Poland but of the Greek Church submiâ—ted themselves to the Bishop of Rome in the point of Jurisdiction yet not without special reservation of the Greek Religion Brierw Inquir cap. 18. fo 138. and Rites before they would acknowledge their subjection as appears by the Articles of conditions extant Whereby it is manifest that the Pope aim'd not so much to reduce those Churches to the Truth as to his own Obedience As the Emperours and our Kings John and King Hen. 8. thunder'd against only for impugning the Pope Supremacy though they held all other points of Romish Religion And as the Papacy gained in this matter in some places and in some measure so it lost much more in others by straining and aspiring to an unlimitted authority suis ipsa Roma viribis ruitâ— For when the Pope and his Clergy endeavoured the advancement of their Sâ—veraignty over the World upon this occasion any Countreys fell away not only from 〈◊〉 Dominion but also from many other corrupt Dâ—ctrines of the Church of Rome For when they perceived that the chief struggle and design was for Temporal Greatness that many conclusions tending to that end were obtruded as Articles of Faith so manifestly contrary to the Dictates of Christianity and prejudicial to the Rights of others Then both Princes and People began to look into their Title and examine their Evidences and finding them all defective and defeasible thought there was no other remedy but quite to cut off that Power that would not be confin'd whereby this Image of Papal Supremacy became broken and thrown down in many Countreys and is but in a tottering condition in several others at this day The Kings and Princes of the Earth maintaining the just Rights of their Crowns and Kingdoms against this Usurpation on these and the like grounds and reasons viz. That the Title and Power of Kings is far more ancient than this pretended Spiritual Dominion and Quod prius est tempore potius est jure and that in this sence Grace destroyeth not nature and Kings must not lose by becoming Christians That Dominion is expresly given in Scripture unto Kings and is as expresly denyed in Scripture unto the Clergy That as the Pope claimeth at best to be but the Vicar of Christ and that not as he was God it is most certain that Christ never impeach'd impair'd or impos'd upon the Temporal Right of any man the same Authority that Princes had either by the Law of Nature or of Nations before his coming the same he left untouch'd at his departure neither did any of the Apostles or Disciples after his recess ever innovate in the same That the Church in this world is not at home but in a state of perigrinancy and militancy and it is neither Reason nor Justice that strangers should either expell or domineer over the ancient Inhabitants and Melior est conditio possidentis as the Lawyers speak That the proper Rights 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Sacra Regni Sacra sublimâ—â— and Qualities of Majesty and Soveraignty are to be both perpetual and absolute as not depending upon any other nor subject to any exception or restraint That these Rights consist in managing affairs of the highest nature which cannot be separated from the Soveraign Power for upon the guiding of them all the fortunes of a State depend That nothing is of so high a nature in a State as Religion for inasmuch as Religion commandeth the Conscience Religio à Religando and holdeth the soul in subjection if supremacy therein be acknowledged in any forrainer the very sinews as I may say of Soveraignty are cut asunder And it is the most destructive Error in Policy and Government to allow to any other a power of disposing or declaring in matters of Religion either besides above or against the Prince himself by which means any King or Prince would soon be despoil'd of his Authoriâ—y and his Subjects drawn from their due Allegiance upon pretences of Conscience and Religion But now for a Conclusion of this Discourse touching the Kings Supremacy it will be but pertinent and reasonably expected to clear one thing viz. whereas upon restitution of that Right to the Crown by the Statute made in the First year of Queen Elizabeth some were induced to conceive by the generality of the words that affirm her Majesty to be Supream Governor as well in all Spiritual or Ecclesiastical causes as Temporal c. as if it had bin an usurping upon the Sacred function of the Church properly belonging to them in Sacred Orders To give satisfaction in this we may in the first place observe in what Sphears and in what distances all the Divines agree that Ecclesiastical Authority doth move and for our purpose at this time Bellarmine shall suffice for all Bellarm. de Rom. Pont. li. 4. c. 22. s 1. who divides Spiritual Power into that of Ordinis and that of Jurisdictionis For that of Ordinis it appears chiefly in the Administration of the Sacraments That of Jurisdiction is held to be double First Internal where the Divine or Holy man by Demonstrations Perswasions Instructions Heavenly Counsel and the like so convinceth the inward Conscience of a man as it presently resigns and yields obedience to that which is proposed as did those Three Thousand Souls Acts 2.37 41. which were converted at the Preaching of St. Peter Secondly External when Christians in foro exteriori are compelled to their duty and Obedience Now for that first power of Order and for that power of Jurisdiction Internal our Kings never claimed or pretended to claime or excercise them or either of them The example of Vzza sufficiently lessoning all persons to keep within their due and proper distances and Offices in God's service 2 Sam. 6.7 this bold person being immediately stricken by the Divine Hand for his error and for his acting an irregular part in the holy Procession of the Ark.
the whole Kingdom wherein all art and Rhetorick imaginable was used by suing Preaching and begging to draw people to unstring and deposite according to their respective abilities and inclinations by which means the Nation was always kept bare and poor whilst the wealth thereof was carryed away into forrain parts and mostly unto the Kings Enemies as appears by many complaints thereof for that purpose made Particularly Rot. Parl. An. 8 Ed. 3. in a Parliament held An. 8 Ed. 3. a special Petition and complaint was made by the Commons in that behalf And afterwards in several King's raigns a multitude more to the like effect as by our Parliamentary Records it doth appear which for brevities sake we here omit to specifie referring such as would receive further satisfaction therein to that excellent Abridgement of the Tower Records collected by the learned Sir Robert Cotton and lately printed Cardinal Woolsey at one time had raked up Twelve Barrels full of Gold Speed in H. 8. nu 77. and Silver to serve the Pope in his warrs c. CHAP. XII Courts COurts and Jurisdictions of the Pope both at Rome and within the Kingdom drew constantly out of the People's purses incredible Masses of money For to these Courts belonged Judges Officials Delegates Referendaries Commissaries Dataries Scribes Notaries Proctors Registers Summoners Apparitors Clarks Sollicitors and a multitude of other Officers who all by their places and practice grew rich sent great summs to their chief the Pope and help'd to beggar the people In these Courts all causes of Contentions and Instance between party and party as also ex officio were entertained and cherished And the charge and expence going this way was so much the worse in regard of the danger turmoil and vexation continually attending those that had to do in these Courts For by some other wayes men were wheadled and gull'd out of their money to their no small content but here they were squeezed racked and tortur'd as long as their purses or themselves could breath These Courts at first were pretended to be instituted for Ecclesiastical Persons and causes only But then at the instance of Ecclesiastical persons many of the Laicks were cited to Rome to make Answer concerning businesses not at all belonging to the Cognizance of that Court as matters of Inheritances Gages Pawns Contracts c. And Laicks also upon Oath or Allegation that they could not have Justice before their proper Judges were admitted and incouraged to bring their Causes to Rome or out of the King 's into the Pope's Court. And thereupon the Pope's Judges and Officers spared not to disturb all other places of Judicature in derogation of the King's authority excommunicating all that would not obey them And these Courts as they were managed became an accumulative charge and burden to the people For the right of Patronage belonging to divers Lay and Ecclesiastical persons was under Colour of Prevention or Provision by the power and authority of these Courts usurped by the Pope his Legats and Officers when Benefices were vacant and then the same usually conferred on Courtiers Favourites Italians and Strangers And these men dying either at Rome or in their way thither or thence their Benefices were conferr'd again by these Courts upon others to the great wrong of the right Patrons And then great Benefices would not he conferr'd on worthy persons or on any other unless temporary gratuities and continuing Pensions were first given and secured out of them to the Courtiers Dependants and Officers of the Pope And in granting these Benefices many Arts were used to get money under the names of Reservations Permutations Surrogations c. In these Courts also Excommunications were often denounced for trifles but not taken off without great charge Confirmations of Foundations Ecclesiastical Religious and charitable were here purchased with great summs of money When the Pope had any Aid or exhibition from the Ecclesiasticks here were contrivances that they should be sure to be repair'd again by the People All trifling frivolous causes drawn to these Courts but no dismission without good payment No Publick Penance here awarded without some private summs to be paid Licences for money to keep a feme putein Money exacted of Monks and Fryers for concubinage on presumption they had or might have quam pro quo Farming out Livings and Benefices to poor Vicars at such high rates as they were forced to get their money again of the People by Confessions Anniversaries Obits c. Burial denyed to all that died suddenly or by chance on presumption they dyed in mortal sin until here some good summ was paid With infinite other tricks and devices to draw money from the people practised by these Courts and their Officers tedious to enumerate but more intolerable to be born as may in some measure appear by the Stat. of Praemunire and Provisors Vid. Coke Plâ—cit Coren cap. 53. W. Prin Record of King John H. 3 Ed. 1. pointed at in the former discourse with the Suits Attachments and Prohibitions for suing for Lay Fees in these Courts in derogation of the Crown and impoverishing of the People exemplified by Mr. Prinne out of the Tower Records To these Courts also the Popes sometimes would be so audacious as to cite even Kings themselves as claiming Jurisdiction over them Thus Pope Boniface the eighth Matt. Wesâ—m in An. 1301.10.435 having a Controversie with our King Edw. 1. touching the Realm of Scotland which the Pope affirmed belonged to the Church of Rome wrote to the King That if he pretended any Title to the Realm of Scotland he should send his Proctors to the Court of Rome with all his evidences proofs and Instruments touching the same there to have and receive Justice in the premises At another time Pope Innocent the fourth summoned King Henry the third Westm Mâ—tt An. 1246. fo 3â—7 to appear to Answer to one of his Vassals David by name and to give him satisfaction for some wrongs as he said he had done him But in the first case the King by advice of his Lords and Barons slighted the citation and to the other nothing was return'd but scoffs and derision CHAP. XIII Contributions for the Holy Land COntributions for relief of the poor distressed Christians in the Holy Land and to carry on the War against the common Enemy of Christendom were frequently set on foot Sim. Dunelâ—â— Hist fo 249. And by that means great summs were as often drain'd out of the Kingdom but then a small or no part thereof imployed for those purposes Chron. W. Thorn Coll. 1926. Gerviâ—s Dorobern 1522. For to this end the Popes often prevailed with Princes to impose on their subjects and made them the Instruments on this pretence to hook money out of their pockets Johannes Ferentinus was sent hither from the Pope about that matter An. D. 1206. and sped so well in his negotiation and carryed such a great quantity of money away with