Ring and the Staff Also that none should be Consecrated Bishop without an Investiture from the Emperor The Pope and the Emperor reciprocally bound themselves by Oath upon the Host of the Mass which they received together But because that Oath was extorted the Pope thought not himself obliged to keep it So he brake that Agreement and excommunicated Henry and all Princes usurping Investitures This accident confirmed Henry the First King of England in a resolution to retain the Investitures of his Kingdom And that Order was held in England for a long time Only the Popes that they might not be injurious to their pretences by a long Prescription would send the Pall to some Prelats invested by the King confirming that which they could not alter and giving an Approbation which was not sought from them And further as to Elections of Bishops the great Troubles that were in the Reign of King John grew upon no other occasion than because the King refused Stephen Langton whom the Pope would have thrust into the See of Canterbury notwithstanding that Mat. Parâ— fol. 299. there had passed a former Election of another with the Kings assent and that the King justly alledged he might not trust Lâ—ngton in his Realm because he had a long time been on the part of his Enemies The King menaced the Pope and his Creatures seized the Temporalities of the Archbishop banished him his Paâ—ents and Kindred with the Monks of Canterbury as Traitors By his and the Prelats Treachery confederating with him the Kingdom was interdicted the King excommunicated his Subjects absolved from their Allegiance he and his deprived of the Crown given to the French King enforced to resign his Kingdom to the Pope become his sworn Tributary Vassal and Homager to renounce the ancient Rights of his Crown to receive Stephen and his Confederates to favour to restore them to their Bishopricks with the Profits and Damages sustained by their Exile before the King could be absolved The King is forced to humble himself before him and swear to him before he would absolve him He instigates the Nobles against the King threatens to excommunicate him and revive the interdicts if he proceeded by Arms against them He was very severe against the Clergy-men who adhered faithfully to King John He excites the Barons to take up Arms against the King for their Liberties exhorts the Great Charter from him with new additional Clauses wresteth a new Charter for the Election of Bishops and Abbots from him and of the Patronage and Royalties of the Bishoprick of Rochester as absolutely as the King enjoyed them To requite which he surrendered the Castle and Ammunition of Rochester to the Barons He refuseth to execute the Popes Excommunication though oft pressed to it by the Legat and others He is accused and suspended in the Council at Rome for confederating with the Barons against the King A just retaliatiou At length his Suspension is token off but he not to return into England till Peace made betwixt the King and his Barons Ralph Nâ—vâ—l Bishop of Chichester and Chancellour of England being chosen Archbishop by the Monks of Canterbury was approved by the King and put in Possession of the Temporalties by and by The Monks of Canterbury thereupon pressing the Pope to confirm his Election Aâ—â—o 1231 the Pope made diligent enquiry of Simon Langâ—on Brother to Stephen elected but rejected by King John and the Pope too at his request to be Archbishop of York concerning Ralphs Person and Disposition Simon told the Pope that he was an hot Fellow Stout Subtle an old Courtier and very gracious with the King and therefore that he would make variance betwixt him and the King and cause him to deny the payment of that Tribute granted unto him by King John This was enough so without any more ado he dissolved the Election never alledging any matter of Exception against him but willed the Monks to chose another Then the Monks chose one John their Sub-prior He being called to Rome and first charged with insufficiency but sufficiently cleared thereof by the testimony of certain Cardinals to whose Examination he was referred he was yet in the end compelled to give over his right to that See And after some other several Elections of Archbishops to that See made with the Kings Allowance Mat. Paris fol. 502 515. they were all one after another declared void by the Pope In the Reign of King Edward the Second Anno 1313 after the Death of Robert Winchelsey Archbishop of Canterbury the Monks of Canterbury elected for his Successour one Thomas Cobham Dean of Salisbury and Prebend of York a Man of such Vertue and Learning that he was commonly called by the Name of the Good Clerk but the Pope bestowed that place upon Walter-Reynolds SECT 14. 14. In other Promotions and Ecclesiastical Livings the Popes usurped Patronages disturbed and Benefices bestowed upon Aliens a larger liberty of bestowing them at their will upon such as they made choice of or upon themselves without regard of any Mans right to present or whether the Persons upon whom those Livings were bestowed were the Natural Subjects of the Realm or not Whereupon ensued many Mischiefs one was that a great part of the Wealth of this Realm was bestowed and spent in Forreign Parts Another that many Aliens flocking into the Realm to occupy these Promotions their presence here was dangerous to the State and the King unfurnished of fit Persons being his Liege-Subjects to imploy in necessary and secret Services of this Realm Thirdly That the Natural Subject was discouraged and sought not to make himself fit for any place of Service by diligence in Study seeing that the Rewards of Learning were carried away by Strangers Of these are many Examples in our Histories and the wrong complained of from time to time In the Reign of King Henry the Third Pope Gregory before his Death to carry on his Wars and Designs against the Emperor Frederick and throw him out of the Empire Anno 1240 intended by way of Provision to confer all the Benefices in England especially of the Clergy and Religious Persons on the Sons of Romane and other Forreigners sending his Bulls to three Bishops viz. to Edmond Archbishop of York the Bishops of Lincoln and Sarum to confer no less than 300 of the next Benefices that fell void within their Diocesses on these Aliens A dangerous Usurpation on the Kings Prerogative the Churches Priviledges and the Patrons Rights The next year the King issued Writs to the Archbishops and Bishops of sundry Diocesses by way of Opposition to inquire how many Aliens were promoted to Benefices or Prebendaries with their Values and Names In that injurious course of conferring Benefices upon Italians the Archbishop of York withstood the Pope and was constrained to leave the Realm Pope Gregory fore-mentioned in the same Kings Reign wrote to the Abbot of Bury to bestow upon him a Benefice of the yearly Mat. Paris
with sundry Archbishops and Bishops were taken by the Emperors Galleys going to a Council upon the Summons of Pope Gregory IX Gualo a Presbiter Cardinal of St. Martin crowned King Henry III causing him to do homage to the Church of Rome and Pope Innocent for England and Ireland and to swear faithfully to pay the Annual Rent for them which his Father King John had granted so long as he injoyed those Realms He deprived Simon Langton Archdeacon of Canterbury and Gervase de Habruge who obstinately adhered to Lewis and the Barons and celebrated Divine Service to them and the Londoners after their Excommunication of their Benefices for which they were compelled to go to Rome He sent Inquisitors through all Provinces of England suspending and depriving Clerks of their Benefices for very small faults and adhering to the Barons bestowing their Livings on his own Creatures Clerks inriched with others Spoils He received a thousand Marks from Hugh Bishop of Lincoln and vast sums from other Religious Persons Canons exhausting their Purses and reaping where he did not sow He bare sway in the Councils of King Henry III who sealed some Writs and Patents with his Seal before his own Seal was made and usurped on his Crown during his Minority without Opposition Bernardus de Nympha came Armed into England with the Bulls of Pope Innocent IV to collect Money from the Cruce signati for Richard Earl of Cornwall the Kings Brother Divers Blank Bulls of the Popes were found in his Chest after his Death containing manifold Machinations of the Romans to debase and oppress England John de Diva an English Frier was armed with many Papal Bulls to extort Moneys from the English for Pope Innocent IV under dreadful Penalties and Fulminations He exacts six thousand Marks out of Lincoln Diocess His Exaction at St. Albans was appealed against who demanded 300 Marks notwithstanding the Appeal to be paid within Eight days under pain of Excommunication and Interdict which the Pope upon an Appeal caused them to pay He had a Bull from the Pope to inquire of all Lands alienated from Churches and Monasteries Vexationâ— by Proviso's all Simoniacal Contracts for Livings to seize them to the Popes use and Excommunicate Interdict all Opposers without Appeal John Russin was sent with the power though not the title of a Legat into Ireland to collect Moneys there He extorted six thousand Marks from the Clergy there notwithstanding the Kings Prohibition Otto I. Pope Honorius his Nuncio was sent to King Henry III. He demandeth two Marks by way of Procuration from all Conventual Churches of England he demandeth two Dignities and two Monks portions in all Cathedrals and Monasteries Otho Cardinal Deacon of St. Nicholas in Careere Tâ—llianâ— Legat Pryn's Hist of Popes Usurpations to Pope Gregory IX was received into England with Processions and ringing of Bells He disposed of vacant Benefices to all that came with him whether worthy or unworthy the King almost did nothing without him and adored his foot-steps He was present in the Parliament at York to mediate a peace between the Kings of England and Scotland The Charter of Peace was sworn to and ratified in his Presence He desireth leave of the King of Scotâ— to enter as a Legat into Scotland to regulate Ecclesiastical Affairs there as in England who answered That neither in his Fathers time nor of any his Ancestors any Legat had Entrance into Scotland neither would he permit it whilst he was in his righe senses But if he entered at his own peril he must expect violence from his rude Subjects from which he was unable to protect him yet he knighted and bestowed some Lands on his Nephew A great Fray was occasioned at Oxford by his Porterâ— Insolence and he was assaulted by the Scholars at Osney-Abbey stiled an Usurer a Simoniack a Ravisher of Mens Rents a Thirster after Money a â—erverter of the King and Subverter of the Kingdom is forced to fly secretly from thence Both the King and he proceeded severely against the Scholars for it by Ecclesiastical Censures Excommunications Penances Imprisonments almost to the ruin of the University He was denied Entrance into Scotland by the King thereof the second time He gave a Writing under his Hand and Seal to the King of Scots that his Admission into Scotland should not be drawn into Consequence who took it away with him upon his private recess He there collected the fifteenth part of the Goods of all Prelats and Beneficed Clerks and sent it to the Pope The English Nobles send Letters of Complaint to the Pope against his confering of Benefices by Provisions upon Aliens and other Grievances Frederick the Emperor was incensed against King Henry III for this Legats collecting of Moneys in England imployed in Wars against him demanding his Expulsion out of England as the Emperors and the Kingdoms Enemy He demandeth Procurations for himself from the Clergy not exceeding the sum of four Marks for any Procuration The King sent a Prohibition to him to exact the fifth or any other part of the Benefices of his Clerks attending on his Service which he could by no means endure He joyneth with Peter Rubee in exacting a great Tax from the Prelats and Abbots to shed Christian Blood and to conquer the Emperor The Bishops and Canons except against his intollerable Demands He laboured to raise a Schism and Division among the Clergy to obtain his Exactions He demanded Procurations from the Cistercians who manfully denied them as contrary to their Priviledges which the Pope dispensed with by his Non obstante The King upon his Departure out of England by the Popes Summons feasted placed him in his own Royal Throne and at Dinner to the admiration of many Knighted his Nephew and bestowed an Annuity of Thirty pounds per Annum upon him which he presently sold He conferred above Three hundred rich Prebendaries and Benefices at his own and the Popes pleasure on their Creatures He spoiled the Church of Sarum and many other Cathedrals leaving them destitute of Consolation He is accompanied by the King and Nobles in great state to the Sea-side at his departure out of England He left not so much Money in Mat. Paris fol. 735. England behind him when he left it as he drained out of it Church-plate and Ornaments excepted He stayed three years in England great were the rewards demanded by and given unto Legats Pope Innocentius sent one Martin into England for his Legat who was Rewards given to Legats not ashamed to demand Plate Geldings and other Rewards without measure And if those things where with he was presented liked him not he would proudly send them back to their Owners Mat. Paris f. 870. and threaten them with Excommunications except they brought him better And other Examples in the same Authors there were divers Rich Presents were sent unto the Legats The Bishop of Winton presented Otho with Fifty fat Oxen One hundred Quarters of the best Wheat
commit unto your own judgment the Cause and Controversiâ— between uâ— so far forth as I may salvo honore Dei saving the honour of God The King being much offended with that last Expression Salvo honore Dei turned himself about unto the French King and said See you not how he goeth about to delude me with this Clause Saving the honour of God for whatsoever shall displease him he will by and by alledge to be prejudicial to the honour of God But this I will say to you whereas there have been Kings of England Godwin's Catalogue of English Bishops many before me whereof some were peradventure of greater power than I the most far less and again many Archbishops before this man holy and notable men Look what Duty was ever performed by the greatest Archbishop that ever was to the weakest and simplest of my Predecessors Hereunto the Archbishop answered cunningly and stoutly That the times were altered his Predecessors which could not bring all things to pass at the first dash were content to bear with many things and that as men they fell and omâ—tted their Duty often times thaâ— what the Church had gotten was by the diligence of good Prelates whosâ— Example he would follow thus far forth as that â—f he could not augment the Priviledges of the Church in his time yet ye would nâ—vâ—r consent they should be diminished This Answer being heard all Men cried shame upon him imputing the cause of these stirs upon him and so they parted at that time without reconciliation Another instance I will give namely that of Cardinal Pool who in the Dispensation granted to the Realm in the time of Queen Mary for determining Church Lands c. Doth therein plainly declare that it was of favour and in regard of the Peace of the Realm that he so dispensed otherwise all Laws made in derogation of the Churches Rights were void SECT 3. 3. The Pope dischargeth the Clergy from all Payments of Money The King forbidden to lâ—vy Subsidâ—â—s upon the Clergy So are his Laws in c. adversus Ext. de Immunitate Ecclesiarum c. 1. de Immunit Ecclesiar in sext c. Clericis eâ—dem Roger Hoveden Anâ—al pars â—osteriorpâ— 1â— 817. Matth. Paris p. 146 15â— 194 Holinâ—hâ—d p. 143 1â—7 153 170 Gâ—dwin in his Life imposed by any Temporal Prince be it by way of Taxe or of Subsidy or for what necessity of his Realm soever except the Pope be first made privy thereto and give his assent And Clerks yielding to such Imposition do thereby fall into the Popes Curse King John demanding of his Subjects as well Spiritual as Tempâ—ral a thirteenth part of their Goods and Chattels Geâ—ffery Plantaginet Archbishop of York the Kings base Brother opposed it Sâ— saith Mr. Prynne out of divers Authors That he obstructed the levying of Carvage demanded and granted to the King by common consent and paid by all others on the Demesne Lands of his Church or Tenants beating the Sheriff of York's Servants excommunicating the Sheriff himself by Name with all his Aiders and interâ—icted his whole Province of York for attempting to levy it Wherefore the King incensed for these intollerable Affâ—onts summoned him to answer these high Contempts his not going over with him into Normandy when summoned and also to pay him 3000 Marks due to his Brother King Richard and by his Writs commanded all the Archbishops Servants where-ever they were found to be imprisoned as they were for beating the Sheriffs Officers and denying to give the King any of the Archbishops Wine passing through York summoned Geoffery into his Court to answer all these Contempts and issued Writs to the Sheriff of Yorkshire to seize all his Goods Temporalties and to return them into the Exchequer which was executed accordingly The King and Queen repairing to York the next Mid-Lent the Archbishop upon more sober thoughts made his Peace with the King submitted to pay such a Fine for his Offences as four Bishops and four Barons elected by them should adjudge and absolved William de S utvil the Sheriff and James de Paterna whom he had excommunicated and recalled his former Interdict King Edward the First was in a like case resisted by means of Robert Kilwarby Archbishop of Canterbury For when the King in Parliament holden at St. Edmonds-bury demanded there a Subsidy of his Subjects the Temporalty yielded an Eighth part of the Goods of Citizens and Burgâ—sses and of other Lay Persons the twelfth part but the Clergy encouraged by the Archbishop who had procured This is repâ—rted by William Thorn a Monk of Canterbury from Pope Boniface the VIII Immunity from Subsidies which I take to be the same that is before recited Ex. c. 1. de Immunitate Ecclesiarum in Sexto refused to yield any thing whereupon the King called another Parliament at London without the Clergy where the Goods of the whole Clergy were declared to be forseited to the King so as afterwards most of the Clergy were content with any condition to redeem that forfeiture SECT IV. 4. The Kings own Subjects were by the Pope armed with Censures Subjects Armed against their Soveraign of Excommunication Interdiction c. by them to be denounced against him for redress of such wrongs as iâ— pleaseth them to take themselves injured by Pope Innocent IV. hath decreed that a Prelate having wrong offered him by a Temporal Judge may defend himself with the Spiritual Sword of Excommunication c. Dilecto Dâ— sententia Excommunicationis in Sexto In the Fortieth year of King Henry the Third Boniface Archbishop of Canterbury made a large Constitution wherein he setteth forth how the Clergy shall proceed against the King by whose Writ a Clerk is called in his Court to answer for Matters pertaining to the Ecclesiastical Judge and declareth that it shall be lawful to interdict all the Kings Lands and Possessions This Archbishop had summoned a Council of Bishops and Archdeacons that like the Martyr Thomas saith Matthew Paris he might encounter the Enemies and Rebels of the Church and be a Wall of Defence unto it as was pretended The King directed his Prohibitions to him and the Bishops not to meet in this Council which they contemn The Articles and Canon made in that Council were against the Kings Prerogative Ecclesiastical and Temporal his Temporal Judges Courts Laws Prohibitions Writs and Judgments Exempting of themselves their Clerks Officers Lands and Goods from their Secular Jurisdiction and Judicatures Decreeing Interdicts and Excommunications against the King his Judges Officers Lands Castles and Lay-subjects for which Liberties they resolved to contend even unto Death The Archbishop was forced by the King and Barons to fly the Kingdom for this and other like Constitutions against whom they complained appealed and sent their Proctors to Rome Which Constitutions are yet printed in Lyndewood and Aton and urged for the Canon-Law of this Realm by some aspiring Prelates and Ignorant Canonists of late times saith Mr. Prynne though always