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
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
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
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.
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
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.
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
the tenth and afterwards Pope himself by the name of Clement the seventh Hieronymus de Nugutiis upon the resignation of Jul. Medices injoyed it many years And such prevalence had the Popes and Cardinals in this matter that once King Edw. 1. having promised the Cardinal-Bishop of Sabine at his instance to present one Nivianus an Italian his Chamberlain to a Benefice in Licolnshire then in his gift by the death of another Italian the Popes Chaplain and forgetting his promise presented his own Clark thereunto but being reminded thereof to make good his promse Pâ—t 5 E. 1. m. 16. De praesemation pro M Aptonio de Niviano he revoked his first Presentation and Presented Nivianus to it as appears by his Patent for that purpose still preserved amongst our Records At such time as Rubeus Mar. Paris in An. 1240. fo 540 and Ruffinus two of the Pope's Factors were very busie here in England in Collecting money for the Pope one Mumelinus comes from Rome with Four and twenty Italians with orders that they should be admitted to so many of the best Benefices that should next fall void Mâ—â—t Pâ—jâ—â— codem anno And in the same year it was that the Pope made agreement with the People of Rome that if they would effectually aid him against Frederick the Emperour their Children should be put into all the vacant Benefices in England And thereupon order was sent to Edmund Arch-bishop of Cant. the Bishops of Lincoln and Salisbury that Provision should be made for Three hundred Romans Children to be served of the next Benefices that should fall unde stupor magnus corda haec audientium occupavit timebaturque quod in abyssum desperationis talia audiens mergeretur as the Historian hath it But this made such an impression upon the Archbishop being a tender man to see the Church in that manner wounded and so much evil in his days that he disposed of his affairs and retired into France where for a little while he lived Godw. in vita ejus bewailing the deplorable state of his Country and of grief dyed at Pontiniac CHAP. XVII Priories-Alien PRiories-Alien were another cause or means of carrying great summs for a long time out of the Kingdom And these were of this Original viz. according to the devotion of the times many forraign Monasteries and Religious Houses were endowed with possessions here in England and then the Monks beyond Sea partly to propagate more of their own Rule and Order and partly to place Stewards as it were to transmit a good proportion of the Rents and profits of these their new acquir'd possessions at so great a distance would either by themselves or the assistance of others build a Cell or competent and convenient reception for some small Covent to which they sent over from time to time such numbers as they thought fit and constituted Priors over them successively as occasion required and thereupon they were called Priories-Aliens because they were Cells to some Monasteries beyond the Seas And these Foundations became frequent after the Conquest So as in the raign of King Edward the third they were increased to the number of one hundred and ten in England With some proportion or allowance out of the revenues of these the Prior and Monks sent over were maintained and the residue transmitted to the Houses to which they were allyed to the great damage of the Kingdom and inriching of strangers In time the Foundations of these Priories-Alien became very numerous being spread all over the Kingdom Lamb. Peram of Kent Weav Fun. Mon. One John Norbury erected two the one at Greenwich the other at Lewsham in Kent both belonging to the Abby of Gaunt in Flanders At Wolston in Warwick-shire a Cell W. Dugd. Warw. in Wolston or Religious House was founded subordinate to the Abby of St. Peter Super Dinam in France Another at Monks-Kirby in the same County Id. fo 50. founded by Geffry Wirce of Little Brittain in France appropriated to the Monastery of Angiers the principal City of Anjou And another at Wotton Wawen in the same County Id. fo 604. a Cell of Benedictin Monks belonging to Conchis in Normandy of all which Mr. Dugdale hath several remarks of Antiquity At Hinckley in Leicester-shire Burton Descrip of Leic. fo 134. a Priory of Canons Aliens was founded by Robert Blanchmains Earl of Leicester or as some say by Hugh Grandmeisnell Baron of Hinckley belonging to the Abby of Lira in Normandy and this of a very good value Roger de Poictiers founded a cell for Monks-Aliens at Lancaster Cambd. Brit. in Lancast Edward the Confessor Id. in Glocest fo 362. by his Testament assign'd the religious place at Deochirst in the County of Gloucester and the Government thereof to the Monastery of St. Denis near Paris in France in this remarkable that it will be hard to given another instance of such an assignation before the Norman Conquest King Henry the third once gave licence to the Jews Stow Survey in Broadst Ward Lindwood Constit lib. 3. Tit. 20. at their great charge to build a Synagogue in London which when they had finished he order'd should be dedicated to the Virgin Mary and then made it a Cell to St. Anthony's in Vienna And near unto Charing-Cross there was another Stow Survey in Westm fo 495. annexed to the Lady of Runciavall in Navarre in the Diocess of Pampelone founded in the fifteenth year of King Edward 4. At Sion Cambd. in Midd. fo 420. in Middlesex there was antiently a Monastery for Monks-Aliens Mr. Cambden tells us when they were expuls'd and how it was converted into a Nunnery for Virgins to the honour of our Saviour the Virgin Mary and St. Briget of Syon But Lindwood tells us Lindwoed l. 3. Tit. 20. that the Superior House to which at first it belonged not mentioned by Mr. Cambden was at Wastena in the Kingdom of Sweden of the Rule of St. Austin But the richest of all for annual revenue Harpsfield Catalog Ae l. Rel. fo 762. was that which Yvo Talbois built at Spalding in Lincoln-shire giving it to the Monks of Angiers in France the yearly revenue whereof was valued at 878 l. 18 s. 3 d. per annum Instances might be made of a multitude more of the like Foundations all tending to carry money out of the Kingdom and most commonly to the King's Enemies beyond the Seas Which mischief being apprehended Rot. Parl. 50 E 3. nu 128. and great complaints thereof frequently made in Parliament these Priories-Alien became oftentimes seised into the King's hands and the revenues thereof sequestred to the King's use and then restitutions made and seisures again as occasion required untill the fourth year of King Henry the fourth Claus 4 Hâ—n 4. nu 30. when a new consideration was had in Parliament about these Priories-Alien and resolved that all should again be seised into the King's hands
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
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
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
Sureties shall pay only a Fourth part of the First Fruits If he live out the year and dye or be outed within six moneths after the year then only half the First Fruits shall be paid If he live out the year and half and dye or be outed within two years then only three quarters thereof shall be paid But if he live out two whole years then the whole First Fruits are to be paid these Bonds being of like force as a Statute Staple And thus the First Fruits and Tenths stand at this day Concerning which it may be further noted that the Bishop of Norwich antiently had Fitzherbert Tit. Jurisdiction 22. 19 Ed 3. and enjoyed by Prescription the First Fruits within his Diocess of all Churches after every avoidance as also had the Archdeacon of Richmond within his Archdeaconry but these also were given to the Crown by the said Statute of 26 Hen. 8. cap. 3. What great summs were antiently paid to the Popes upon these accounts by the rule of proportion may be guessed at but no other certainty known but that they were very great as by the complaints about them and the impoverishing of the Realm by that means of which you shall hear more may be observed And what every Bishop paid to the See of Rome at his entrance for First Fruits I find thus particularized viz. Canterbury is rated in the Kings Books at the summ of 2816 l. 17 s. 9 d. and used to pay to the Pope Gâ—d wâ— de Praes Angâ— Note that every Floren contained 4 s. 6 d. of our money Dâ—â—a 8 s. for First Fruits 10000 Florens besides 5000. for his Pall. London is valued at 1119 l. 8 s. 4 d. and used to pay to the Pope for First Fruits 3000 Florens Winchester is valued at 2491 l. 9 s. 8 d. ob and paid to the Pope for First Fruits 12000 Ducats Ely is valued at 2134 l. 18 s. 5 d. ob q. and paid to the Pope 7000 Ducats Lincoln is valued in the Kings Books 894 l. 18 s. 1 d. ob and paid to the Pope for First Fruits 5000 Ducats Coventry and Lichfield rated in the Exchequer at 559 l. 17 s. 7 d. ob q. and paid to the Pope some say 1733 Ducats others but 300. Salisbury is valued at 1385 l. 5 s. ob and paid to the Pope upon every vacancy 4500 Ducats Bath and Wells is valued at 533 l. 15 d. and paid to the Pope at the ingress of every new Bishop only 430 Florens Quod miror saith Bishop Godwin in regard it was esteem'd one of the richest Sees in England Exeter by a late valuation set in the time of King Ed. 6. is valued at 500 l. and yet paid heretofore to the Pope for First Fruits 6000 Ducats Norwich valued at 899 l. 8 s. 7 d. q. and used to pay to the Pope upon every vacancy 5000 Ducats Worcester valued at 1049 l. 17 s. 3 d. ob q. and paid to the Pope for First Fruits 2000 Florens Hereford valued at 768 â— 10 s. 10 d. ob q. and paid to the Pope for First Fruits 1800 Florens Chichester valued at 677 l. 15 d. and used to pay to the Pope 333 Ducats as an Income Rochester valued at 385 l. 3 s. 6 d. and paid to the Pope for First Fruits 1300 Florens St. David's valued in the Kings Books at 426 l. 22 d. ob and paid to the Pope 1500 Florens Landaff valued at 154 l. 14 s. 1 d. and paid to the Pope for First Fruits 700 Florens Bangor valued in the Exchequer at 132 l. 16 s. 4 d. ob and paid to the Pope for First Fruits 126 Florens St. Asaph valued at 131 l. 16 s. 4. d. ob and paid for First Fruits to the Pope 126 Florens York Archbishoprick payes to the King for First Fruits 1609 l. 19 s. 7 d. and paid to the Pope 10000 Ducats besides 5000 for the Pall. Durham valued at 1821 l. 17 d. and used to pay to the Pope for First Fruits 9000 Florens Carlisle valued at 531 l. 4 s. 11 d. ob and used to pay to the Pope on every avoidance 1000 Florens What was paid to the Pope for Spiritual Livings other than Bishopricks we must conclude it uncertain though certainly very great part whereof as also from the Bishopricks was annual and certain as the Tenths and part casual and uncertain as the First Fruits depending on the uncertain deaths of Incumbents and such as did succeed them But besides these ordinary and known rates and summs payable as Fines or Incomes at first entrance and the annual summs proportioned from them as aforesaid it commonly and generally hapned that some other vast summs extraordinary went to Rome before any Bishop could be absolutely setled in his See and that upon Appeals and several other accounts of which we will here give a few instances By the death of Geffrey Plantagenet the Arch-bishoprick of York becoming void Godw. in vita Walteri Gray Eborac Simon Langton Brother of Stephen Langton was chosen Archbishop by Capitular Election but because Stephen was fallen into the Pope's displeasure and suspended the Pope refused to confirm Simon and sent order they should choose another whereupon Walter Gray was pitch'd upon and recommended to the Pope's approbation with this commendation that he had never known woman in all his life At which the Pope swore by St. Peter Virginity was in those dayes a great vertue and he should be the man But the private agreement was that Walter should give the Pope ten thousand pound Sterling for payment whereof he became bound in the Court of Rome which cast him into such a debt that he was necessitated to be continually scraping to discharge his bond and for that reason as my Author sayes the Bishop is by all Historians charactered to have bin a most niggardly and penurious man At another time Matt. Paris in An 1243. Hâ—n 3. the Bishoprick of Winchester being void the Monks made choice of one William de Raley alià s Radley but altogether against the mind of the King who intended another and therefore the King sent his Messengers Theobald a Monk of Westminster and Mr. Alexander a Lawyer with a great summ of money to Rome to get the election vacated and commanded the Magistrates to shut the Gates of Winchester against him whereby Raley finding himself repulsed he curses and interdicts the whole City of Winchester and posts away to Rome where in despite of the King he gets his election confirmed upon the tender of eight hundred marks of which the Pope as the Historian sayes would not abate him one penny whereby he was constrained also to live a miser and in debt all his dayes The Bishoprick of Durham being once vacant Acts and Mâ—n Tâ—m 1. fo 259. and several putting in for the place King Henry the third laboured what he could that Mr. Lucas his Chaplain should be elected but the Monks slighting the King made choice of one William
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