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ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A61095	Tithes too hot to be touched certain treatises, wherein is shewen that tithes are due, by the law of nature, scripture, nations, therefore neither Jewish, Popish, or inconvenient / written by Sr. Henry Spelman ... ; with an alphabeticall table.	Spelman, Henry, Sir, 1564?-1641.; Stephens, Jeremiah, 1591-1665.	1640 (1640)	Wing S4931; ESTC R19648	146,054	238

that Nicholas 2. doubted not to commit the government of all the Churches of England unto Edward the Confessor as by and by we shall more largely declare And the Kings of France being so likewise consecrated ever since the time of Clodoveus aliàs Ludovicus whom Saint Remigius Bishop of Rheimes both baptized and anointed about the year of our Lord 500. have from time to time in all ancient ages exercised the like Ecclesiasticall jurisdiction insomuch that Clodoveus himself being but newly entred into is doubted not to appoint a Councell at Orleans and to call thither the Bishops and Clergy of France but out of the motion of Priestly minde to use the very words of the Councell cōmanded the Priests meaning the Bishops to assemble there for debating necessary matters which in his own consideration he had advised upon and delivered to them in heads and titles and they having answered thereunto and framed the Canons of that Councell accordingly did submit them to his judgement and desiring if it approved them himself for greater authority would confirm them Tom. 2. Concil pag. 309. in rescripto Synodi The Kings of Jerusalem and Sicil were also anointed and endowed with Ecclesiasticall authority whereof we shall speak more anon for the right of both these Kingdomes resideth at this present upon the Kings of Spain who till the same came unto them were neither anointed nor crowned and though since that time they have been dignified with both these Prerogatives yet are they not so illustrious in them as in the Kings of England and France for that these are ancient Kingdomes raised by their own power and prowesse and those other of lesse continuance erected by the Pope and not absolute but Feodaries of his Sea And touching that of France also the meer right thereof resteth upon his Majesty of England though de facto another for the time possesseth it So that in this point of unction our Soveraign the King of England is amongst the rest of the Kings of Christendome at this day Peerlesse and transcendent and well therefore might William Rufus say that himself had all the liberties in his Kingdome which the Emperour challenged in his Empire Mat. Paris But I wonder why the Papists should so considently deny the Kings of England to be capable of spirituall jurisdiction when Pope Nicholas 2. of whom wee spake before in an Epistle to King Edward the Confessor hath upon the matter agreed that it may be so for amongst other priviledges that he there bestoweth upon the Church of Saint Peter of Westminster then newly founded by that vertuous King He granteth and absolutely confirmeth that it shall for ever be a place of Regall Constitution and Consecration and a perpetuall habitation of Monkes that shall be subject to no living creature but the King himself free from Episcopall service and authority and where no Bishop shall enter to give any orders c. Tom. Concil part 3. pa. 1129. a. In which words I note first that the Kings of England in those ancient days being before their Coronation meerly Lay persons were by their consecration made candidati Ecclesiasticae potestatis and admitted to the administration thereof for to what other purpose was Consecration ordained but to make secular things to belong unto the Temple and Lay persons to become sacred and Ecclesiasticall like Jacobs stone in the time of the Morall Law which presently upon the anointing thereof became appropriate to the House of God Secondly he plainly maketh the King head of this Monastery that is of the place it self and of all the persons and members therof which then by consequence he might likewise be of all other Ecclesiasticall persons and places through the whole Kingdome And even that also he granteth in a sort in the end of his Epistle Vobis posteris vestris regibus committimus advocationem tuitionem ejusdem loci omnium totius Angliae Ecclesiarum ut vice nostra cum concilio Episcoporum Abbatum constituatis ubique quae justa sunt So that if the Kings of England be pleased to execute this Ecclesiasticall authority as the Popes Vicar then by this his Charter they are invested therewith and peradventure the Clergy of Rome can never revoke it being granted posteris regibus and the Epistles of the Popes being as Barclayus saith of Nich. 1. to Michael the Emperour as an Ecclesiasticall Law Lib. de potest Papae ca. 2. pag. 13. But in the mean time it is hereby evident which I endeavour to prove that the Kings of England are justly capable of spirituall jurisdiction by the Popes own confession for which purpose onely I here alledge it And to give more life to the matter it appeareth by Baronius that Pope Vrbane the granted not onely as much in the Kingdome of Sicil to the King of Spain being the anointed King thereof but added also to that his Ecclesiasticall jurisdiction divers branches of spirituall power belonging meerly to the keys and not to the sword that is to the very function of a Bishop as namely that of Excommunication All which though Baronius impugneth mainly to be of no validity because that all things are void he saith that the Church doth against her self yet the King of Spain both holdeth and exerciseth this function and jurisdiction onely by the connivency of the Pope but defended therein by Cardinall Ascanius Colonna against Baronius But to leave forain examples and to goe on with our domesticall precedents It is manifest by other ancient Authorities Charters and Manuscripts that the Pope thereby granted no more to King Edward and his successors then the same King and his Predecessors before assumed to themselves For this Epistle could not be written to S. Edward before the end of his reign Nicholas not being Pope till then and in the Laws of the same King before that time published himself doth plainly declare himself to be Vicarius summi Regis not summi pontificis yea and that in the government of the Church For the words of his own Law 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 cap. 17. be these The King because he is the Vicar of the highest King is appointed to this purpose that he should rule his earthly Kingdome and the Lords people and should above all things worship his holy Church and govern it and defend it against them that would wrong it and to pull the evill doers out of it c. So that write the Pope what he will S. Edward here taketh upon him to have the rule and government of the Church of England committed to him from God and not from the Pope and to be Gods Vicar not the Popes wherein he imitated his predecessors for King Edgar speaking of the government of the Church saith in plain tearms that it belonged to himself ad nos saith he spectat And because Casaubon in citing this place out of the Manuscript is charged by Parsons to falsifie it and that it is or should be on the

instruct their people when and how to pay their Tithes Tom. 1. Con. pa. 258. Can. 5 c. About the year 786. in the time of Offa a great King of Mercia and Helfwood King of Northumberland and the two Archbishops there was a great Councell held by two Legates from Hadrian the first wherein Tithes were established and it was likewise confirmed in the South part by the King of West-Saxony And as M. Selden saith it is a most observable Law being made with great solemnity of both powers of both States History cap. 8. pag. 201. Tom. 1. Con. pag. 291. Can. 17. In the year 855. King Ethelwolph by the consent of all his Baronage and Bishops granted the perpetuall right of Tithes to the Church throughout his whole kingdome and that free from all taxes and exactions used then in the State and this statute is very remarkable and was confirmed by other Kings Brorredus and Edmundus of East-Angles Tom. 1. Con. pag. 384. For the Northern Clergy there was a Law made to punish the non-payment of Tithes Tom. 1. Con. pag. 501. In a great Parliament at Earham Anno 1009. by all the States assembled under King Ethelred Tithes are commanded and confirmed Tom. 1. Con. pag. 510 c. Maccabeus an ancient King of Scotland confirmeth Tithes in his Laws Con. pag. 571. Anno 1050. In the Canons of Aelfric Tithes are confirmed Anno 1052. Con. pag. 572. These and many other Constitutions and Laws are particularly and more fully recited in the first Tome of our Councels and in Mr Seldens History cap. 8. from whence the Reader may please to take satisfaction for the space of some 500. years before the Conquest William the Conquerour in the fourth year of his reign when he took a view of all the ancient Laws of the Land he first confirmed the liberties of the Church because that by it saith Hoveden the King and the kingdome have their solid foundation pag. 601. and herein amongst other Laws of King Edward these particularly touching Tithes which Hen. 1. also did Anno 1100. as appeareth by Mat. Par. pa. 53. The like did also Hen. 2. in the 26. year of his reign as Hoveden witnesseth pa. 600. And for a perclose of all that went before or should follow after King Hen. 3. in the ninth year of his reign by that sacred Charter made in the name of himself and his heirs for ever granted all this anew unto God We have granted saith he unto God and by this our present Charter have confirmed for us and for our heirs for evermore that the Church of England shall be free and shall have all her holy rights inviolable Magna Charta cap. 1. And that this Charter might be immortall and like the sanctified things of the Temple for ever inviolable it was not onely fortified by the Kings Seal the sacred Anchor of the kingdome but by his solemn oath and the oath of his sonne and the Nobility of the kingdome Yea the whole kingdome yeelded themselves to stand accursed if they should at any time after impeach this grant And therefore in the 25 Ed. 1. a speciall Statute was made for confirmation of this Charter V. Rastals Abridg destat tit Confirmat Sententia lata super chartas wherein amongst other things it is ordained that the Bishops shall excommunicate the breakers thereof and the very form of the sentence is there prescribed according to which upon the 13. Maii Anno 1304. Ed. 1.31 Boniface the Archbishop of Canterbury and five other Bishops solemnly denounced this curse in Westminster Hall the King himself with a great part of the Nobility being present Vid. Pupil oculi part 5. cap. 22. First against all them that should wittingly and maliciously deprive or spoil Churches of their rights Secondly against those that by any art or devise infringed the liberties of the Church or Kingdome granted by Magna Charta de Foresta Thirdly against all those that should make new Statutes against the Articles of these Charters or should keep them being made or bring in or keep other customes and against the writers of those Statutes Counsellors and Executioners thereof that should presume to give judgement according to them And lest this should seem a passion of some particular men for the present time rather then a perpetuall resolution of the whole kingdome in the succeeding ages the zeal and care thereof was continually propagated from posterity to posterity So that in 42 Ed. 3. cap. 1. it was further enacted that if any Statute were made contrary to Magna Charta it should be void And 15. times is this Charter confirmed by Parliament in Ed. 3. time eight times in Rich. 2. reign and six times in Hen. 4. Yea the frontispice of every Parliament almost is a confirmation of the rights and priviledges of the Church as having learned of the very Heathen Poet who had it from the law of Nature 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 we begin ever with God Neither was there any man found that ever would or durst with Nero lay hands upon his Mother the Church for he that smiteth his father or mother shall die the death Exod. 20.15 Heu tot sancitas per plurima secula leges Hauserit una dies hora una et persidus error My meaning is not to strain these Laws to the maintenance of such superstitious gifts as were made to the Church against the honour of God but to those onely that were for maintenance of his Word and Ministery which if they were lawfully conferred as no man I think doubteth but they were then let us consider how fearfull a thing it is to pull them from God to rend them from the Church to violate the dedications of our Fathers the Oaths of our Ancestors the Decrees of so many Parliaments and finally to throw our selves into those horrible curses that the whole body of the kingdome hath contracted with God as Nehomiah and the Jews did Nehem. 10. should fall upon them if they transgresse herein For as Levi paid Tithes in the loins of Abraham Heb. 7. so the lawfull vow of the fathers descendeth upon their children And as the posterity of Jonadab the sonne of Rechab were blessed in keeping it Jer. 35.18 so doubtlesse have we just cause to fear the dint of this curse in breaking this vow Say then that Tithes were not originally due unto God and that there belonged no portion of our Lands unto his Ministers yet are we in the case of Nehemiah and the Jews Nehem. 10.32 They made Statutes by themselves to give every year the third part of a shekel for the service of the house of God And our fathers made Laws amongst themselves to give a portion of their Land and the tenth part of their substance that is these Parsonages for the service of the house of God If they were not due before they are now due For when thou vowest a vow unto the Lord thy God thou shalt not

Ascanius Augustinus Bagshaw Balaeus Barclay Baronius Bartholomaeus R. Bechai Beda Bellarminus Bertramus Binius Blunt Bracton Bullingerus Burchardus Caelius Rhodiginus Caesar Calvinus Camdenus Carlton Casaubonus Vincentius Chartarius Chaskoni Chrysostomus Cicere Codinus Codomannus Sr. Edward Coke Concilia Cyprianus Cyrillus Hierosol Daniel Didymus Dier Dioderus Siculus Dionysius Corinthins Dionysius Exiguus Dionysius Halicarnasseus Domitsus Ennius Eusebius Festus Flaccus Illyricus Fortescu J. Fox A. Gellius Gennadius Gillespie Gratianus Gregorius M. Grotius Valerius Harpocration Hemmingius Henricus Huntingdoniensis Herle Hermes Trismegistus Herodotus Hollinshead Hospinianus Hostiensis Rog. Hovedenus Hugo Cardinalis R. Jarchi Ignatius Jornalensis historia Josephus Isidorus Juvenalis Knox. Lactantius Lambard Lindwood Littleton Livius Lorinus Lucanus Macrobius Guil. Malmesburiensis Manwood Marloratus Martialis Petr. Martyr Matthaeus Parisiensis Metaphrastes Molinaeus Montagu Nettle Nicephorus Onkelos Origenes Ovidius Papias Parsons Panlus Diaconus Pausanias Perkins Perottus Philo. Platina Plato Plantus Plinius Plowden Polton Prosper Raimundus Rastall Rivetus Roberts Rollock Salianus Sr. Edwine Sandys Geo. Sandys Scaliger Sclater Selden Seneca Servius Sigonius Silius Italicus Sleidanus Sophronius Soto Spelman Strigelius Suetonius Suidas Surius Tertullianus Theodoretus Theophylactus Trebatius Valentinus Gentilis Valerius Flaccus Valerius Probus Varro Wicleff Xenophon Zonaras Zepperus A Catalogue of other printed Books of Sr. Henry Spelmans which are to be sold by Philemon Stephens at the gilded Lion in Pauls Church-yard 1. COncilia Decreta Leges Constitutiones de Re Ecclesiarum Orbis Britannici ab initio Christianae ibidem Religionis cum Annotationibus non minus piis quam doctis Opus Antiquitatis studiosis apprime gratum utile 2. Glossarium eruditissimum in que prisci Ritus quamplurimi Magistratus Dignitates Munera Officia Mores Leges Consuetudines enarrantur 3. Psalterium Davidis Latino-Saxonicum à Jo. Spelmanno Henrici F. è Patus Bibliotheca in lucem editum ubi ad finem uniuscujusque Psalmi preces optimae in animum Psalmi reperiuntur 4. De non temerandis Ecclesiis or Of the right and respect due unto Churches which are not to be violated 5. De Sepultura TO THE VVORSHIPFVLL My much Honoured friends John Crew Esquire and Richard Knightley Esquire worthy Patriots of our Country Northampton-Shire I Addresse unto you both these severall Treatises not onely out of duty and obligations to your selves but in regard of your publike good affection to maintain the patrimony of the Church in Tithes which is so fundamentally setled by our Laws that nothing can be more certain by them And the times now growing dangerous to the whole state of the Clergy in this particular your selves having declared your opinions for Tithes and accordingly been careful to preserve us in our rights I hope this my service will be acceptable to you what farther may be done depends upon Gods providence and the good endeavours of all pious men to afford their best assistance Seeing the Parliament hath honourably declared themselves for Tithes both by their Ordinance and the repulse given to some Petitioners against them For mine own part though I expect censure and opposition from many yet as an Ancient said In causa qua Deo placere cupio homines non formido I have therefore in this needfull time at the earnest request of many adventured the rather to discharge the trust reposed in me by the worthy Knight Sir Hen. Sp. who being imployed in greater works committed these to my care trust to be published His charge doth neerly concern me and in conscience I could not longer conceal them from the publique view They have been long in my custody and if the favour of your self M. Crew in a time of danger besides M. Knightleys publique deserts and defence of me since from scandalous people had not prevented they had been utterly lost by the injury of soldiers together with other Manuscripts and Monuments of great consequence against the common adversary Your selves having preserved them and me I could not doe otherwise then return you the thanks and fruit of your own favours and whosoever shall think these worthy the publique view will have the like cause to render you thanks for saving both them and my self being extreamly injured by some that are styled in our ancient Laws Ll. H. 1. c. 29. Villani Cocseti Perdingi viles inopes personae by whose troubles I am inforced to omit divers additions materiall to this argument which the learned Knight committed to me But lest hereafter they should miscarry by any common danger or neglect of mine I could find no better means to prevent the same then by committing these to the Presse that they may live be extant for the common benefit of Gods cause and Church The piety excellent learning and moderation of the Author all his expressions will prevail much with those that are truly wise and sober and if your protection shall concur to defend both them and my poor studies I shall hope to give you farther account hereafter in other works of great moment Thus praying God to guide and blesse you in all your pious endeavours I subscribe my self Yours ever obliged JER STEPHENS To the READER THe eminent worth and dignity of this religious Knight needs not to be set forth by the praise or pen of any man his excellent learning piety and wisdome were very well known to the best living in his time and his owne works published in his life together with the great applause conferred on them both at home and in forain parts by learned noble Parsonages and great Princes are testimonies beyond all deniall or exception Among all other his singular deserts and works there is none more illustrious then his piety towards God testified both in his holy course of life and especially by his learned and godly Treatises of the Rights and Respect due to Churches Wherein he hath so accuratly proved what is due to God and to be rendred unto him both for the time of his worship and also for the means and places wherein his worship is to be performed that no true Christian who embraceth the Gospel but must acknowledge willingly his singular deserts and piety His great knowledge in the Common Law of our Kingdome and all other Laws whatsoever divine or humane ancient or modern Civill or Canonicall Multatenens antiqua sepulta vetusta Eunius Quae faciunt mores veteresque novosque tenentem renders him singularly judicious above many other and able to deliver the truth when he descends to speak of humane laws and authorities after he had first founded and setled his opinion upon the divine Law of God Yet notwithstanding his piety learning and moderation in all his expressions there wanted not a perverse spirit to oppose and scribble something against him whereof hee tooke notice and added a censure in his learned work the Glossary and also among other his papers of this argument he hath left a sufficient apology and justification of his former

Treatise which is here published for satisfaction to all that be truly pious and well-affected sons of the Church of England For his larger work of Tithes which he prepared long agoe it is also here added though in some few places imperfect and might have been better polished by his own hand if he had engaged himself upon it and desisted from his greater works so much desired by many eminently learned both at home and abroad yet rather then suffer the losse of such a testimony of his piety to God and good affection to uphold the setled maintenance of Gods House and Ministers to whom double honour is due Tim. 1.15 as the Apostle saith it is thought fit to publish it as he left it imperfect in some passages and defective of such ornaments and arguments as he could have added further out of his store and abundance though what he hath here delivered is so compleat as doth fully discover the ability of his judgement and that these reasons and illustrations produced by him could hardly have proceeded from any other Author being agreeable to his expressions style and arguments delivered in his other writings And at this instant it seems very necessary in regard the humour and displeasure of many in the world is now obstinately bent to beat down root up overthrow and destroy whatsoever the piety and wisdome of our forefathers built and contributed in the Primitive times of their faith and conversion to Christianity as if all they did were Popish and superstitious fit to be rooted up and as if themselves had a Commission as large as the great Prophet had from God and were set over the Nations and Kingdomes to root out and pull down to destroy and to throw down to build and to plant Jer. 1.10 But if men will rest satisfied either with proof from divine authority there wants not enough here to guide their consciences or with humane Laws and Statutes confirmed and fully enacted by many Parliaments whereby they are now become ancient and fundamentall as well as any other Laws together with the constant course and practice of above a thousand years in our Common-wealth there wants not here the testimony of all our ancient Monuments Statutes Deeds and Charters of our Kingdome Princes and Noble men which this learned Knight hath more fully and compleatly published in order of time and in their originall Saxon-language in his first Tome of our English Laws and Councels for the first five hundred years before the Conquest being his last work before his death Whereunto when the second Tome which he hath also finished shall be added for the next 500. years after the Conquest together with his learned Commentary upon all difficult and ancient rites and customes there will be abundant proof from all humane Laws and the authority of our Common Law together with the practice of our Kingdome in severall ages that no man can raise a doubt or exception that shall not receive satisfaction fully and clearly As for the Laws of Israel and the Heathens also in imitation of Gods own people the Decrees and Canons of generall Councels in succeeding times here is also such abundant testimony produced that no judicious Reader can refuse to yeeld his vote thereto and approbation for continuance There is another noble and religious Knight of Scotland Sir James Sempil who hath so accurately laboured in this argument and proved the divine right of Tithes from the holy Scriptures insisting thereupon onely and no other humane Authorities or Antiquities further then he finds thē to play upon the Text pro or contra as himself saith in his Preface that much satisfaction may be received from his pious endeavours having therein cleared some Texts of Scripture from sinister interpretations and exactly considered the first Institution and Laws for Tithes delivered by God himself both in the Old and New Testaments If both these godly and learned witnesses of the truth will not serve the turn to convince the judgement of some ill-affected they being both raised up by God out of both Nations Numb 11.26 like to Eldad and Medad among the people extraordinarily to prophecy and defend the truth being moved and inspired doubtlesse by God himself besides those that belong to the Tabernacle to uphold and maintain his own cause against the adversaries of his Church yet they may well stop the mouths of worldlings and Mammonists from clamour and inveighing and perswade them to acquiesce upon the known and fundamentall Laws of the Kingdome which are as ancient and fundamentall as any other or rather more because they concern especially the upholding and maintenance of the worship of God then which nothing can be more necessary or fundamentall and therefore the pious and good King Edward the Confessor doth begin his Laws with the recitall and confirmation of the Ecclesiasticall Lawes and particularly of Tithes Church-possessions and Liberties thereof ●l ad confess ●n Prooem A legibus igitur sanctae matris Ecclesiae sumentes exordium quoniam per eam Rex regnum solidum habent subsistendi fundamentum leges libertates pacem ipsius concionati sunt Because thereby the King and Kingdome have their solid foundation for subsistence therefore the laws liberties and peace thereof are first proclaimed and established And thus begins also Magna Charta Nos intuitu Dei pro salute animae nostrae ad exaltationem sanctae Ecclesiae c. and so also many other Statutes successively pour le common profit de Saint Esglise del Realm Westminst 1. c. The possessions tithes and rights of the Clergy being thus setled they may doubtlesse be enjoyed having been freely collated according as was foretold by the Prophets Esay and others by Kings Nobles and many good men Esay 49.23 fully confirmed by Law and Parliament If these things had not been primarily due unto God by the rule of his Word yet are they now his and separate from us by the voluntary gift and dedication of our ancient Kings and Predecessors established by the possession of many hundred years that although in the beginning perhaps things were not so commanded in particular as any man else may enjoy lands goods chattels gifts and grants whatsoever is freely collated purchased or obtained by industry or is freely given and bequeathed by Ancestors or other Benefactors although perhaps there be not divine right in speciall to prove and justifie so much land money rents or goods of any sort to be his due and right God did foretell and promise by the Prophet Esay Spelmans first Treatise § 5. cap. 28. inf cap. 49.23 that he would raise up in the Church of the redeemed Kings and Queens to be nursing fathers and nursing mothers to his Church that is saith Calvin upon the Text Magni Reges ac principes non solùm Christi jugum subierunt sed etiam facultates suas contulerunt ad erigendam fovendam Christi Ecclesiam

it were but upon the threshold of his Kingdome and might justly fear some notable transmutation in discontenting his Clergy the halfe arch of his Kingdome even then hee forbare not to contest with them upon points of jurisdiction confining theirs unto matters of faith and extending his own to the uttermost limits of the outward government of the Church But because his hand and his seal doe more authentically enforce credit then the report of Authours and Historians see what he assumeth in his Charter of foundation of the Monastery Sancti Martini de bello commonly called Battail Abbey for that he built it as Romulus did the Capitol in the place where he overcame his enemies In this Charter he granteth that That Church shall be free from all servitude and from all things whatsoever mans invention can imagine and commandeth therefore that it be free from all government of Bishops neither shall the Bishop of Chichester though it be in his Diocesse make any Ordinations there nor grieve it in any thing nor execute any kind of government or authority there but that it be as free saith he from all his exactions as my own Dominicall or Demesne Chappell The Abbot shall not be compelled to goe to the Synod nor forbidden to promote his Monks to holy Orders where himself listeth nor he or his Monks to require what Bishop they will to consecrate Altars c. And this also by my Regall authority I ordain that the Abbot shall be Lord and Judge of all things in his own Church and within one league round about it c. see the Charter at large Here it appeareth that this victorious King Will. 1. took himself to have Pallium Ecclesiasticae jurisdictionis the fulnesse of Ecclesiasticall power and as the supream Magistrate thereof not only abridgeth and revoketh the jurisdiction of other Bishops within this place as of the Archbishop of Canterbury and the Bishop of Chichester but disposeth the same according to his owne pleasure namely to the Abbey of Battail with so great enlargement of priviledge and authority as no Bishop of the Kingdome hath the like Free from all servitude and from all things whatsoever mans invention can imagine are exquisite words of priviledge and how far they might stretch at those times when the profession of our Laws was not a science into Regall or Canonicall jurisdiction I cannot judge but I know by Staffords case 1 H. 7. f. 18. they will now bee restrained with many exceptions So likewise that the Abbot shall not be compelled to come at Synods or to take Ordinations for his Monks or Consecration of Altars c. from the Bishop of his Diocesse Nec aliquis Episcoporum in Dioecesi collegā suum super-grediatur Con. Carthag c. 19. Burchard li. 1. ca. 64. are directly against the Decrees of the Church Canons Synods and generall Councels As also it is that hee should be Judge of things in his own Church and the circuit assigned which though here it bee but a league I see not but he might as well have made it ten if it had pleased him and by consequence a County or Province And lest the King should seem to have done this by some indulgence from the Pope or connivency of his own Clergy he saith expresly that he doth it by his Regall authority and that not closely or under-hand but Episcoporum Baronum meorum attestatione And to declare how far the Clergy of that time was from repining or impugning this his jurisdiction the Archbishop of Canterbury the Bishops of Chichester Winton and Worcester are witnesses to the Charter and denounce a curse against the breakers thereof One other thing also is worthy of note that the Kings Demean Chappell seemeth by this not to be within the jurisdiction and Diocesse of any Bishop but exempt and as a Regall peculiar reserved onely to the visitation and immediate government of the King or such as it pleaseth him to substitute for the Archbishop of Canterbury hath no jurisdiction there by his own confession ut pat Hoveden l. 4.7 pa. 547. William Rufus in like manner told Anselme Archbishop of Canterbury that no Archbishop or Bishop of his Kingdome should be subject to the Court of Rome or to the Pope Quòd nullus Archiepiscopus vel Episcopus regni sui saith Mat. Paris curiae Romanae vel Papae subesset And because Anselm asked leave of him to fetch his pall from Pope Vrbane at Rome hanc ob rem saith Mat. Paris à rege majestatis reus postulatur he is called in question of High Treason and Gundulphus Bishop of Rochester and very many other Bishops approved the accusation In vita Will. 2. p. 17. 18. Malmsbery reporteth that his offence was for appealing to the Pope in matters between the King and him but he agreeth that all he had was confiscate and himself banished by consent of the Bishops and he addeth further that being after recalled into the Kings favour upon a new difference between the King and him he appealed the second time to Pope Vrbane and without the Kings licence would go thither for which cause his whole Bishopricke and goods were reseised into the Kings hands and he exiled And though the Pope threatned to excommunicate the King if he restored him not and the Councell then holden at Rome stormed much at the matter yet Anselm continued in that plight during the lives both of the King and the Pope Malmsb. de gest Pontif. li. 1. pa. 221 c. FINIS