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le brought from the pope to be executed in cept his submission once again, and promised Eugland, upon pain of imprisoninent and con- the king of France, that it he would be obefisCHiion of goods.
dient to bis fans, lie should enjoy as ample To these and other Constitutions of the like liberties as any arcibishop of Canterbury ever nature made at Claringdun, all the rest of the had; and so sent him into England with rebishops and great men did subscribe, and commendation into the young king bis son, bound themselves by oath to observe the same then lately crowned; who, hearing of his comabsolutely. Only the archbishop would not ing, commanded him to forbear to come to his subscribe, and swear, but with a saving, salvo presence, until he had absolved the archbishop
suo ordine ti honore sanctæ ecclesiæ. Yet at of York and others, whom he had excommuniJast de Webs content to make the like absolute sub cated for performing their duties at his coronascription and oath as the rest had done; but pre- tion. The archbishop returned answer, that sently he repented, and to shew his repentance they had done him wrong in usurping his office; suspended linself from celebrating mass, till he yet if they would take a solemn oath to becoine : had received absolution from the pope. Then obedient to the pope's commandment in all he began to maintain and justify the exemption things concerning the church, he would absolve of clerks again; whereat the king's displeasure them. The bishops, understanding this, prowiis kindled anew; and then the archbishop tested they would never take that oath, unless once again promised absolute obedience to the the king willed them so to do. King Henry kiny's laws. (See the fickleness and muta- the father, being hereof advertised into France, bility of your constant martyr.) The kiny, 10 did rise into great passion and choler, and in bind fast ibis slippery Proteus, called a parlia- | the bearing of his servants uttered words to this ment of the bishops and barons; and sending effect ; “Will no man revenge me of mine enefor tle roil of those laws, required all the mies? Whereupon the four gentlemen named bishops to set their seals thereanro. They all in the stories of that time passed into Evgland, assented but the archbishop, who protested be and first moving the archbishop to absolve the would not set his seal, nor give allowance to bishops whom he had excommunicated for perthose laws. The kiny, being lightly oftended forining their duties at the young king's corowith bis rebellious demeanour, required the nation, and receiving a peremptory answer of barons in parliament to give judgment of him, venial from the archbishop, they laid violent wbo being lis subject would not be ruled by hands upon him, aud slew him ; for which the his laws; “cito facite mihi justitiam de illo, king wis fain not only to suffer corporal pe•qui homo meus ligeus est, et stare jari in nance, but in token of his humiliation to kiss • curia mea recusat:'. Whereupon the barons the knce of the pope's legate. And this is the proceeiling against him, and being ready to | abridgment of Becket's troubles, or rather treacondemn lim; [ prohibit you,' quoth the sons, for which he was celebrated for so famous archbishop, ' in the name of Almighiy God to a martyr.---And thus you see by what degrecs • proceed against me ; for I have appealed to the court of Rome did within the space of 100
the pope i' and so departed in contempt of and odd years usurp upon the crown of Engtut bigh court, omnibus clamantibus, saith land four points of jurisdiction, viz. First, sendI loveden,quo progrederis preutitor? exspecta ing out of legates into England. Secondly, ' et audi jucliciuin tuum.' Atier this be lurked drawing of appeals to the court of Rome. secretly near the sca-shore ; and changing his Thirdly, donation of bishopricks and other ecapparel and name(like a jesuit of these times,) clesiastical benefices. And fourthly, exemption lie took shipping with a purpose to fix to Rome of clerks from the secular power. And you But his passage being hindered by contrary sce withal how our kings avd parliaments have winds, lie was som med to a parliament at from time to time opposed and withstood this Northampton, where he made detuult wilfully; unjust usurpation. for which contempli, his teinporalities nero Now lien the bishop of Rome having claimed seized, and his body being attached, he was and well nigh recovered full and sole jurischarged with so great an account to the king, diction in all causes ecclesiastical, and over all as that he was found in arrear 30,000 marks, persons ecclesiastical, with power to dispose of and committed to privin; whence he found all ecclesiastical benefices in England, whereby means to escape shortly after, and to pass out he had upon the matter made an absolute conof the realın to Rome. lle was no sooner quest of more than half the kingdom, (for every gone, but the king sends writs to all the sherifi, one that could read the psalm of Miserere was in Eugland to attach the bodies of all such as a clerk, and the clergy possessed the moiety of made any appeals to the court of Rome. Iere- | all temporal possessions) there remained now. upon many messages and letters passing to and nothing to make him owner and proprietor of fro, all the suffragans of Canterbury join in a all, but to get a surrender of the cronn, and to Jetter to the pope, wherein they condemn the make the hing his farmer, and the people fugitive archbishop, and justify the hing's pro- his villains, which he fully accomplished and ceedings. upon this ihe pope sends two bronght to pars in the times of king John and legates to the king, being theu in Normandy, of llenry 3. to me!iate fir the archbishop. They, with the The quarrel between the pope and king John, mediation of the French king, prevailed so fir which wrested the sceptre out of his hand, and with big llenry, as that he was pleased to ac in the end broke his heart, beyan about the
election of the archbishop of Canterbury. I tering letter, and a present of four rings set call it election, and not donation or investi- with precious stones, which were of great value ture; for the manner of investing of bishops by and estimation in those days. Howbeii, the the staff and ring after the time of king Hen. 1. king more esteeming this jewel of the crown, was not any more used, but by the king's ' namely, the patronage of bishopricks, returned licence they were canonically elected, and a round and kingly Answer to the pope, that being elected, the king gave his royal assent to inconsiderately and rashly he had cassed and their election, and by restitution of their tem- , made void the election of the bishop of Norporalities did fully invest them. And though wich, and had caused one Langton, a man to This course of election began to be in use in bin unknown, and bred up and nourished the time of Rich 1. and llen. 2. yet I find it amongst his mortal enemies, io he consecrated not confirmed by any constitution or charter , archbishop, without any due form of election, before the time of king Jolin, who by his and without his royal assent, which was most charter dated the 13th of January, in the 16th of all requisite by the antient laws and customs year of his reign, granted this priviledge to the of his realm. That he marvelled much, that church of England in these words, viz. • Quod the pope himself and the whole court of Rome • qualiscunque consuetudo temporibus præde- did not consider what a precious account they
cessorum nostrorum hactenus in ecclesia An- ought to make of the king of England's friendglicana fuerit observata, et quicquid juris ship, in regard that his one kingdom did yield
nobis hactenus vindicaverimus, de cætero in thein more profit and revenue than all the other • universis et singulis ecclesiis et monasteriis, countries on this side the Alps. To conclude,
cathedralibus et conventualibus, totius regni he would maintain the liberties of his crown • Angliæ, liberæ sint in perpetuuin electiones to the deathi, he would restrain all his subjects
quorumcunque prælatorum, majorum et mi- from going to Ronie. And since the archie norunn : salvâ nobis et hæredibus nostris cus bishops, bishops and other prelates within his todià ecclesiarum et monasteriorum vacan- dominions, were as learned and religious as any tium quæ ad nos pertinent. Promittimus other in Chrisiendom, his subjects should be • etiam, quod nec impediemus nec impe-liri judged by them in ecclesiastical matters, and pernictemus per ministros nostros, nec pro- should not need to run out of their own curabimus, quin in universis et singulis monas-country to beg justice at the hands of strailteriis et ecclesiis, postquam vacuerint præla- gers. turæ, quemcumque voluerint libere sibi
But what followed upon this? The pope, •ficiant electores pastorum, petitâ tamen à after a sharp reply, sendeth forth a bull of ina• nobis priùs et hæredibus nostris licentiâ eli- lediction against the king, and of interdiction *gendi, quam non denegabimus nec differemus. against the realm, whereby all the churches in • Et siiniliter, post celebratam electionem, England were shut up, ihe priests and religious
noster requiratur assensus, quem non denega- persons were forbiuden to use any liturgies or . bimus, nisi adversus eandem rationale propo- divine service, to marry, to bury, or to perform
suerimus, et legitimè probaverimus propter any Christian duty among the people. This • quod non debeinus consentire, &c.'
put the king into such a rage, that he on the But to return to the cause of his great quar- other part seised the temporalities of all bishops rel with the pope. The see of Canterbury and abbots, and confiscated the goods of all being void, the monks of Canterbury suddenly the clergy. Then doth the pope by a soleum and secretly without the king's license elected sentence at Rome depose the king, and by a one Reignold their sub-prior to be archbishop, bull sent into England dischargeth his subjects who immediately posted away to be confirmed of their allegiance, and by a legate sent to the by the pope. But when lie came there, the king of France gave the kingdom of England popę rejected him, because he came not recom to him and his successuurs for ever. mended from the king. Hereupon the monks These things brought such confusion and made suit to the king to poninate some fit misery to all estates and degrees of people in person to whose election they might proceed. | England, as the king became odious to all his The king commends John Gray bishop of Nor- subjccts, as well to the laity as to the clerģy: wich, his principal counsellor, who was after- For as the bishops and religious people cursed wards torii justice of this kingdom, who with a bim abroad; so the barons took arms against full consent was elected them, and alter- him at borne, till with much bloodshed they wards adunited and fully invested by the king. torced hiin, by granting the Great Charter, to These two elections bred such a controversie restore king Edward's laws, containing the anas none might determine but the pope, who cient liberties of the subjects of England. gave a short role in the case ; for he pro- | The pope being a spectator of this tragedy, nounced both elections void, and caused some and seeing the king in so weak and desperate of the monks of Canterbury, who were then estate, sent a legnie to comfort him, and to present in the court of Rome, to proceed to make a reasonable motion unto him; to wit, the election of Stephen Langton, lately made ihrat he should surrender and give up his crown cardinal at the motion and suit of the French and kingdom to the pope, which should be reking: who being so elected was forthwith con- granted unto him again to bold in tee-farm and firmed and consecrated by the pope, and re- vassilage of the church of Rome: and that commended to the king of England with a flat- thereupon the pope would bless him and his
realm again, and curse his rebels and enemies | strangers resident in that court, whose fariners in sucha sort, as lie should be betier established and factors in England took the profits, turned in his kingdom then be was before. In a word, them into money, and returned the money to this inotion was presenily embraced by that Rome. Secondly, by imposing continual taxes miserable king, so as with his own hands he and tallages, worse then Irish cuttmys, being gave up the crown to the pop.e's legate, and by sometimes ile tenth, sometimes the titteenth, an instrument or chirier sealel with a bull or gointtimes the third, sometimes the moiety of seal ot gold, he granted to God and the church all the goods both of the clergy and laiety, of Rome, the apostles Peter and Paul, and to under colour of maintaining the pope's holy . pope innocent ibe third and his successors, the wars against the emperor and the Greek whole kingdom of England, and the whole church, i ho were then said to be in rebellion kingdom of Ireland; and took back an estate against their lady and mistress the church of thereof by an instrument scaicd with lead, Rome. Besides, for the speedy levying and yielding yearly to the church of Rome over and safe return of these moneis, the pope had bis above the Peter-pence 1,000 marks sterling, Lombards and other Italian bankers and viz. 700 inarks for England, and 300 marks for usurers resident in London and other parts of Ireland, with a flattering saving of all his liber- the realm, who ofiered to lend and disburse the ties and royalties. The pope had no sooner moneys taxed, and return the same by exgotten this conveyance, though it were void in change to Rome, taking such penal bonds, the law, but he excomunicateth the barons, and form whereof is set down by Mait. Paris, and repcals the Great Charter, attirmits that it such excessire usury, as the poor religious contained liberties too great for his subjects; houses were fail to sell their chalices and calls the king his vassal, and these kingdoms copes, and the rest of the clergy and laiety bad St. Peter's patrimony; grants a general ball of their backs howed and their estates broken provi-ion for the bestowing of all ecclesiastical under the burthen. Besides, the pope took benefces, and takes upon liim to be absolute for perquisites and casualties the goods of all and immediate lord of all. And thus, under clerks that sied intestate, the goods of all colour of exercising jurisdiction within the eurers, and all goods given to charitable uses. kingdoms, tie ppe, by derrees, got the very Moreover he had a sarın of friars, the first kingdoms themselves. And so would he do at corrupters of religion in England, who perthis day, if the king would give w..y lo his ju- swadert the nobility and gentry to put on the risdiction.
sign of the cross, and to row themselves to But what use did the pope mike of this the holy wars; which they had no sooner grunt and surreader of the crown into lim? | done, but they were again perswaded to receive What did he guin by it, if our kings retained dispensations of their vows, and to give money the prviits of their hingdoms to their own use ? for the same to the church of Rome. I omit Judeed we do not tind, that the fee-farm of divers other policies then used by the pope's a thousand marks was ever paid, but that collectors to exhaust the wealth of the realm, it is al run in arrear till this present day. which they affirmed they might take with as For the truth is, the court of Rome did good a conscience as the Hebrews took the scorn to accept so poor a revenue as a thou- jewels of the Egyptians. Briefly, whereas the sand marks per annum out of two kingdoms. king bad scarce means to maintain his royal But after the death of kinz John, during all the family, they received out of England 70,0001. reign of Hen. 3, his son, the pope did not sterling at least yearly, which amounteth to claim a seignjury or a rent out of England and / 210,0001. sterling of the monies current at this Ireland, but did endeavour to convert all the day. Besides, they exported 6,000 marks out prohts of both lands to his own use, as if he of Ireland at one time, which the emperor bad been seized of all io demesne. For who- Frederick intercepted. Lasziy, the king himsoever will read Mitt. Paris his story of the self was so much dejected, as at a royal feast time of king Hen. 9, will say these things spo- he placed the pope's legate in his own chair of ken of before were but the beginnings of evils. estate, himselt sitting on his right band, and For the e actions and oppressions of the court the bishop of York on his left, non sine mulof Rome were so continual and intolerable, as 'torum obliquantibus oculis,' saith Mati. Paris. that poor: monk, who lived in those times, Thus we see the effect of the pope's pretendthough otherwise he adored the pope, doth cali ed jurisdiction within the dominions of the England Balaam's ass londen, beaten, and en-king of England. We see to wlfat calamity forced to speak; dotlı call the court of Rome and servitude it then reduced both the prince Charybdis and Baratlrum : varitiæ, the pope's and people. Was it not therefore high time collectors harpys, and the pope himself a step to meet and oppose those inconveniences ? Asfather, and the church of ione a stepmother
. suredly it king Edward 1, who was the son Jie sheweth, that two third parts of the land and heir of Ilen. 3, bad inherited the weakness being then in the hands of church-men, the of his father, and had not resisted this usurpaentire profits thereof were exported to enrich tion and insolency of the court of Rome, the the pope and the court of Rome: which was pope had been proprietor of both these islands, done for the most part by these two ways and and there had been no king of England at this meins. First, by conferring the best ecclesi- day. astical bencfices upon Italians, and other But king Edward 1, may well be stiled vin
dex Anglicæ libertatis,” the Moses that deli- / void from time to time. This moved the king vered his people from slavery and oppression : and the nobility to write to the pope to this and as he was a brave and victorious prince, so effect. We and our ancestors have richly enwas he the best pater patria that ever reigned dowed the church of England, and have foundin England since the Norman Conquest, till ed abbeys and other religious houses for the the coronation of our gracious sovereign. At jurisdiction of our people, for maintenance of the time of the death of his father he was ab-hospitality, and for the advancement of our sent in the war of the holy land, being a prin countrymen and kinsmen. Now you provide cipal commander of the Christian army there, and place strangers in our benefices, that come so as he returned not before the second year of not to keep residence thereupon ; and if they liis reign. But he was no sooner returned and come, understand not our language; and sonic crowned, but the first work he did was to of them are subjects to our mortal enemies; shake off the yoke of the bishop of Rome. For by reason whereof our people are not instructthe pope having then summoned a general ed, hospitality is not kept, our scholars are uncouncil, before he would license his bishops to preferred, and the treasure of the realm is exrepair to it, he took of them a solemn oath, ported. The pope returneth answer, that that they should not receive the pope's bless- the emperor had lately submitted bimself to the ing. Again, the pope forbids the king to war church of Rome in all points, and was become against Scotland; the king regards not his pro- the pope's great friend; and in menacing man. hibition : He demands the first-fruits of ecclesi- ner advised the king of England to do the like. astical livings; tlie king forkids the payment The king replies, that if the emperor and French thereof unto him. The pope sendeth forth a king both should take his part, he was ready to general bull prohibiting the clergy to pay sub- give battle to both in defence of the liberties of sidies or tributes to temporal princes: a tenth his crown. Hereupon the several statutes was granted to the king in parliament, the against Provisors before recited were put in exclergy refused to pay it: the king seizeth their ecution so severely, as the king and his subjects temporalties for their contempt. and got pay- enjoyed their right of patronage clearly: and ment notwithstanding the pope's bull. Afier their exemption of clerks took no place at all; this be made the statute of Mortmajn, whereby for that the abbot of Waltham and bishop of he brake the pope's chief net, which within an Winchester were both attainted of high con. age or two more would have drawn to the tempts, and the bishop of Ely of a capital ofchurch all the teinporal possessions of the king-fence, as appeareth in the records of this king's dom, &c. Again, one of the king's subjects reign. Yet during the nonage of Rich, 2. they brought a bull of excommunication against began once ngain to encroach upon the crown, another : the king commandeth be should be by sending legates and bulls and briefs into Eng. executed as a traitor, according to the ancient land, whereof the people were so sensible and law. But because that law had not of long impatient, as that at their special prayer, this time been put in execution, the chancellor and law of 16 Rich. 2. (whereupon our indictment treasurer kuceled before the king and obtained is framed) was enacted, being more sharp and grace for him, so as he was onely banished out penal than all the former statutes against proof the realm. And as he judged it treason to visors. And yet against this king, as against bring in bulls of excommunication; so he held Ed. 2. it was objected at the time of bis depriit a high contempt against the crown to bring vation, that he had allowed the pope's bulls, to in bulls of provision or briefs of citation ; and the enthralling of the crown. accordingly the law was so declared in parlia After this in the weak time of king Hen. 6. ment 25 Ed. 1, which was the first statute they made one attempt more to revive their made against Provisors : the execution of which usurped jurisdiction by this policy. The comlaw, during the life of king Ed. 1, did well-nigh mons had denied the king a subsidy when he a bolish the usurped jurisdiction of the court of stood in great want of moneys. The archbishop Rome, and did revive and restore again the an- of Canterbury and the rest of the bishops offercient and absolute sovereignty of the king and ed the king a large supply of his wants, if be crown of England.
would consent that all the laws against proviHis successor, king Edward 2, being but a sors, and especially this law of 16 Rich. 2. might weak prince, the pope attempted to usurp be repealed. But Humphry duke of Gloucesupon him again : but the peers and people ter, who had lately before cast the pope's bull withstood his usurpation. And when that un- into the fire, did likewise cause this motion to happy king was to be deposed, amongst many be rejected. So as by special providence these articles framed against him by his enemies, laws have stood in force even till this day in this was one of the most heinous, that he had both these kingdoms. given allowance to the pope's bulls. Again, during the minority of king Ed. 3. and
The Evidence against Lalon. after that in the heat of the wars in France, the Then the Attorney General descended to the pope sent many briefs and bulls into England ; Evidence, whereby he proved fully all the parts and at last presumed so far, as that he gave an of the Indictment. First, it was prored by Italian the title of a cardinal in England, and Lalor's own confession, upon several examinawithal by his bull gare him power to hestow all tions taker before the lord deputy and lord ecclesiastical promotions as they should fall chancellor, and others, that lie had accepted the
office and title of vicar general in the dioceses, the court caused it to be publickly read ; and of Dublin, Kildare, and Fernes, by virtue of thereupon demanded of Lalor, if that were not the pope's bull. Secondly, it appeared by the his free and voluntary Confession signed with copies of sundry letters found among his papers lus own band, and confirmed by his oath before at bis apprehension, that he stiled himselt the the lord deputy and counoil. He was not a pope's vicar, in this form,' Robertus Dublinien. little abashed at the publishing of this acknow*et Kildaren. et Fernen, diæces. vicarius apos- ledgment and contession in the hearing of so
tolicus.' Thirdly, there were produced the many principal gentlemen, to whom he had copies of divers acts and instruments, written preached a contrary doctrine; therefore, said for the most part with Lalor's own hand, some he, the shewing forth of this confession is alloof institutions of popish priests to benefices, gether impertinent and besides the matter. others of dispensations with marriage within the Howsoever, he could not deny but that be made degrees, others of divorces, others of dispensa- it, and signed it, and swore it, as it was testified tions for non-payment of tithes. Whereby it by the lord deputy and the rest. was manifestly proved that he did execute the Then was it demanded of him, whether since pope's bull, in usurping and exerci-ing episco- the making of this confession he bad not propal jurisdiction, as vicar general of the see tested to divers of his friends, that he had not apostolick, within the dioceses before named. acknowledged the king's supremacy in ecclesias
To this evidence he made a three-fold answer. tical causes. His auswer was, ibat indeed he First, that he was no suiter for the oilice of had said to some of his friends who visited bim vicar general, but it was imposed ou bim, and in the castle of Dublin, that he had not conhe accepted virtute obedientia, only to obey bis tessed or acknowledged that the king was his superiors. Next, that he did exercise the otice supreme governor in spiritual causes, for that of vicar general in foro conscientie lunium, and the truth is, in the contession there is no mennot in foro judicii. And lastly, that those co con made of spiritual causes, but of ecclesiaspies of institutions, dispensations and divorces, tical. were many of them written with his man's hand, This is a subtile evasion indeed, said the atas precedents of such acts and instruments, torney-general; I pray you what diference do without his privity or direction. llereupon sir you make between ecclesiastical causes and James Ley, chief justice, told him, that he could spiritual causes? This question, said Lalor, is not well say, that he accepted that unlawful sudden and unexpected at this time, and Viereoffice virtute obedientia, for there was no vir- fore you shall do well to take another day to tue in that obedience; that he owed an obedi- dispute this point. Nay, said the attorneyence to the law and to the king, who is the true general, we can never speak of it in a better superior and sovereign over all his subjects, and time or fitter place; and therefore, though you, hath no peer within his dominions; and that that bear so reverend a title, and hold the rethe superiors whom he meant and intended putation of so great a clerk, require a farther were but usurpers upon the king's jurisdiction, time, yet shall you hear that we laymen that and therefore this excuse did aggravaie his con serve his majesty, and by the duty of our places tempt, in that it appeared he had vowed obedi are to maintain the jurisdiction of the crown, ence to those who were apparent enemies to are never so unprovided, but that we can say the king and his crown. And though it were somewhat touching the nature and difference of manifest that he exercised jurisdiction in foro those causes. judicii, (for every institution is a judgment, and First then, let us see when this distinction of so is every sentence of divorce) yet were his ecclesiastical or spiritual causes from civil and offence nothing diminished if he had executed temporal causes did first begin in point of jurishis office of vicar general in foro conscientia diction. Assuredly, for the space of three huntantùm ; for the court of man's conscience is dred years after Christ, this distinction was not the highest tribunal, and wherein the power of known or heard of in the Christian world. For the keys is exercised in the bighest degree. the causes of testaments, of matrimony, of
Hereunto the Attorney General took occa- bastardy and adultery, and the rest which are sion to add thus much, that Lalor bad commit-called ecclesiastical or spiritual causes, were ted these high offences, not only against the merely civil, and determined by the rules of law, but against his own conscience, and that he the civil law, and subject onely to the jurisdicwas already condemned in foro conscientia. tion of the civil magistrates, as all civilians will For that ve upon bis second examination had testifie with me. voluntarily acknowledged himself not to be a But after that the emperors had received the lawful vicar general, and that he thought in his Christian faith out of a zeal and desire they had conscience he could not lawfully take upon him to grace and honour the learned and godly the said office. lle hath also acknowledged bishops of that time, they were pleased to sinour sovereign lord king James to be his lawful gle out certain special causes wherein they chief and supreme governor, in all causes, as granted jurisdiction unto the bishops ; nainely, well ecclesiasticall as civil; and that he is in in causes of tithes, because they were paid to conscience bound to obey him in all the said men of the church; in causes of matrimony, causes, &c. as it is contained in his Acknows because marriages were for the most part soledgment or Confession before set down; which lemnized in the church; in ciuses testamentary, being shewed forth by the Attorney General, because testaments were many times made in