Vindication of Ecclesiastical Volume 3, Volume 2 · Book 3 · Chapter 2 · Document 39

Vindication of Ecclesiastical Volume 3 · Volume 2 · Book 3 · Chapter 2 · Document 39

p. 301ET ceſte choſe fait feuſt commande as Grantz & Communes q'ils ſe depertiſont &Rot. Parl An. 40 E. 3. n. 7, 8. q'ils y feuſſent lendemain, ceſt aſſavoir, les Prelatz & Grantz en la Chambre Blanche, & les Communes en la Chambre de peintz, an quele lendemain noſtre Seigneur le Roy, les Prelatz, Ducs, Counts, Barons en meſme le Chambre blanche, les Chivalers des Countees, Citiens, Burgeis demurrantz en la Chambre de peintz, feuſt monſtre a eux per le Chanceller, Comment ils avoient entendug les cauſes du ſummons du Parlement en general, mes la volunte le Roy fuſt, que les cauſes feuſſent monſtres a eux en eſpeciall. Loux diſoit, coment le Roy avoit entendu, que le Pape per forcedun fait quel il dit, que le Roy Johan feſoit au Pape, de lui faire homage pur le Royalme Dengleterre, et la terre Dirlande. Et que per cauſe du dit homage qil lui deveroit paier cheſcun an perpetuelment mill Marcs, eſt en volunte de faire proceſs devers le Roy, et ſon Roialme pur le dit ſervice, et ceus recoverir, de qel le Roy pria as ditg Prelats, Ducs, Countees et Barons, lour avys et bon conſeil, et ce qil efferroit en cas que le Pape vorroit proceder devers lui ou ſon dit Roialm pur celle cauſe. Et les Prelats requeroient au Roy qils ſe purroient ſur ce per eux ſont aviſer, et reſpondre lendemain, queux Prelatz le de lendemain, a de priems pur eux meſmes, & puis les auters Ducs, Countz, p. 302Barons & grantz reſponderent, & diſoient, que le dit Roy Johan ne nul autre purra mettre lui, ne ſon Roialme, ne ſon people en tiele ſubjection ſaunz aſſent et accorde de eur. Et les Communes ſur ce demaundez et Aviſez, reſpondirent en meſme le manere: Par quoi feuſt ordein et aſſentu per Commune aſſent, en manere qeuſuyt: En ce preſent Parlement tenuz a Weſtm: lundy proſche in apres la Num. 8.Num 8invention de la Seint Croice, la… du Regne le Roy Edward quadranteſſime, tant ſur leſtat de Seint Egliſe come des droitz de ſon Royalme, et de ſa Corone meinteinur, entre auters choſes eſtoient monſtres, Coment ad eſtee parlee et dit, que le Pape per force dune fait qiele il dit que le Roy John iadys Roy de Engleterre feſoit au Pape, au perpetuite de luy faire Homage, pur le Royalme Dengleterre, et laterre de I…eland, et pur cauſe du dit homage de lui rendre un annuel cens, ad eſte en volunte de fair proceſs devers le Roy pur les ditz ſervices, et ceus recoverer, la quele choſe monſtre as Prelatz, Ducs, Countz, Barons, et la Commune, pur ent avoir lour avys et bon Conceil, et demand de eux, ce qe le Roy enferra en cas que le Pape vorroit proceder, ou rien attempter devers lui, ou ſon Roialme pur celle cauſe; queux Prelatz, Ducs, Countz, Barons et Communes eu ſurce plein deliberacion, reſponderent et diſoient dune accord, que le dit Roy Johanne, ne nul autre, purra mettre lui ne ſon Roialme, ne ſon people en tiele ſubjection, ſanz aſſent de eux, et com piert per pluſeurs evidences, que ſi ce feuſt fair, ce feuſt fait ſanz lour aſſent, Et encountre ſon ſerement en ſa Coronation. Et outre ce les Ducs, Countz, Barons, Grants et Communes accorderent et granterent, que en cas que le Pape ſe Afforceroit ou rien attempteroit per proceſs, ou en autre manere, de fait de Conſtreindre le Roy ou ſes Subjects de perfaire ce qeſt dit, qil voet clamer cella partie, qils reſiſtont et contre eſteront oue tout leur puiſſance.

Since this unanimous gallant peremptory reſolution of K. Edward the 3d. and all his Biſhops, Dukes, Earls, Barons, Commons aſſembled in this Parliament, againſt this Charter, thus reſolved to be null and voyd, and to reſiſt the Pope with all their power in caſe he ſhould demand or iſſue any proceſſe againſt the King or his kingdom to recover it, (being 297. years paſt) No Pope ever preſumed (for ought I can find) to demand this Homage or Rent of any of our Kings, or to ſend out Proceſſe to endeavour its recovery; And a diſcontinuance, non-claim of this Charter, Homage, Rent for ſo long a ſpace, upon ſuch a ſolemn deliberate Parliamentary reſolution, entred with ſpecial care in the Parliament Rolls, muſt needs be a perpetual barre in point of Law and Juſtice, againſt ſuch a voyd, injurious Charter, procured with ſo much perjury, treachery, impiety, fraud, force, circumvention, as you have already heard.

16ly. All our Hiſtories, Chronicles, generally Old and New, declaim againſt this Charter as moſt deteſtable, infamous, illegal, null in Law, and no wayes obligatory to our kings or kingdoms in the leaſt degree; yea the Author of the Anſwer to Bellarmines Apologia, cap. 3. and learned Dr. Richard Crakenthorp in his Treatiſe of the Popes Temporal Monarchy, cap. 12. p. 245. to 262. proves the Nullity of it by 4. ſtrong Arguments, and Mr. John Speed in his History of Great Britain, London 1623. p. 577, 580, 581. proves both Charters voyd by many more Reaſons; the ſumme of them is, That this was an act in King John I. Of manifeſt perjury againſt his Coronation Oath. 2ly. Of Conſtraint. 3ly. Of Combination. 4ly. Of fear, he being drawn thereto by the Pope himſelf, who had ſet up both the French power, and his own Barons and Prelates againſt him. 5ly. An act of a perſon actually interdicted, excommunicated by the Pope himſelf; and ſo unable to avouch or grant any thing to the Church or Pope. 6ly. The witneſſes, if any were, ſtood excommunicated p. 203for converſing with him. 7ly. Neither the Barons. 8ly. Nor the Clergy. 9ly. Nor the body of the Kingdom, people. 10ly. Nor his next heir and ſucceſſor to the Crown ever conſented thereto. 11ly. Fraught with many falſe untruths; as done freely and voluntarily, without fear or force, in a general aſſembly of the Barons by their advice and conſent, by the inſpiration of the holy Ghoſt; becauſe the King had nothing fit to give away to God or the Pope for the ſatisfaction of his ſins, but his crown and kingdomes. 12ly. From the proviſo of exception in the Grant, Salvis nobis & haeredibus nostris, Juſtitiis, Libertatibus, & Regalibus noſtris, extant in both charters (if there were two) which ſaves the right of Soveraignty, Kingſhip, and Soveraign Dominion in and over the Kingdoms of England and Ireland intirely to the King; which he never transferred to the Pope. The Liberty of a King is freely and abſolutely to rule his Subjects according to Law, without being ſubject or ſervant to any Superiour, and the very eſſence of Regality, Independency of Authority, on any but God alone. Now theſe being expreſly reſerved, excepted▪ utterly made void whatſoever was before mentioned, either as granting Soveraignty, and doing homage and fealty by his Succeſſors for the Kingdoms to the Pope, as his Subjects; and the ſubſequent clauſe of loſing the right and inheritance of the crown, in caſe of contradicting ought therein mentioned▪ after due admonition, a meer Nullity, inconſiſtent with Monarchy, or the Kings or kingdoms Rights.

To which reaſons I ſhall ſubjoyn, I. That this Charter was procured by the Popes own wrongs and Dureſſe againſt King Iohn; I. By interdicting his whole kingdom; 2ly. Excommunicating him by name; 3ly. Abſolving all his Subjects from their Oaths of Allegiance and Fealty; 4ly. By depriving both him and his heirs of their kingdoms, and giving them to the French King and his heirs. 5ly. By publiſhing a general Croſſado for all Chriſtian Barons, Knights, to aſſiſt the French King to deprive him of his kingdoms by force of arms. In all which Antichriſtian proceedings the Pope being both Judge and Party, & K. John the only perſon injured; theſe his own wrongs, frauds, force, can give him no juſt Title by any Laws; Frauds and circumventions being expreſly (a) prohibited Chriſtians in the Gospel, eſpecially towardsa I Cor. 6. 8. I Theſ. 4 6. b Summa Angelica & Roſella, tit. Dolus & Fraus, Gratian cauſ. 16. qu. 6. & 26. qu. 3. 20. qu. 4. Littleton, ſect. 676 &c. Cookes I Inſtit. f. 317. 209. b Brook & Fitzherbert Abridgment, tit. Covin, Colluſion, Dureſſe c Summa Angelica & Roſella tit. Judex. Littleton, ſect. 212, 2 R. 2. c. 2. 33. I H. 6. c. 4. 20 E 23. Cooks I Inſtit: f. 141, 234. & 8 Report f. 118. 3 Inſtit. f. 32, 33. Alenſis, Sum. Theolog. pars 3. qu. 40. ſect. I. qu. 4. Artic. 15. d Hobards Reports. f. 85, 86.1 Cor 6:81 Thess 4:6 one another. It is an old teceived Maxim in all Laws, (b) Fraus & Dolus nemini patrocinantur; whence Charters, Dowers, Remitters gained by fraud, colluſion, circumvention, force, are meer Nullities. That (c) Nemo in propria cauſa poteſt eſſe Judex (eſpecially if Judex & Teſtis too.) Yea Pope Gregory the I. and a whole Council denouuced an Anathema againſt the Pope himſelf, or any other that ſhould preſume to be a Judge in his own cauſe, ſive in ruſticano, ſive in urbano praedio; (much more then in caſe of two kingdoms;) whence Bartholomeus Buxienſis, Dr. John Thierry and other Canoniſts in their Gloſſes on Gratian, cauſ: 16. qu. 6. reſolve downright Papa in ſua cauſa Judex eſſe non debet; yet Alvarus Pelagius De Planctu Eccleſ: l. I. Artic: 34, 35. affirms the contrary upon this ſtrong preſumption and ſuppoſition: Quod non debet aliquam cauſam a ſe remittere, immo non poteſt (licet ſuſpectus) quamdiu eſt Papa, Papa enim aut ſanctus eſt aut ſanctus praeſumitur; non enim praeſumendum eſt quod alias faciat Papa quam Chriſtus vel Petrus cujus eſt Vicarius & Succeſſor; Which preſumption ceaſed in King Johns caſe, neither of them being ever Judges in their own caſe, but ſubmitting to the Judgement and execution of the Civil Magiſtrate; and never denouncing ſuch Interdicts, curſes againſt any, nor procuring ſuch a ſurrender, charter of temporal kingdoms to themſelves as the Pope did here; much leſſe by ſuch unchriſtian practiſes. To which I ſhall adde, that this is a Maxim frequently reſolved in Law-books by all the Judges of the Realm, That none can be judge in his own caſe, who have further adjudged, that d if an Act of Parl: make any perſon Judge in his own caſe, the very Act it ſelf is voyd in Law, being againſt the Law of Nature, which ought not to be violated, and all Judgements given thereon are voyd. Since therefore all theſe Judgements of Interdict, Excommunication, Depoſition, transferring his Crown to the French, this Agreement from Rome, and oath to perform it, were all made by the Pope himſelf, both Judge, Party, chief Witneſſe, and his profeſſed Enemy too, and that upon his Legates and Biſhops bare Informations and falſe Suggeſtions; in Kings Iohns abſence, without Oath, Summons, or Liberry to purge himſelf before any Lawfull, indifferent Judge, Arbitrator, or Tribunal; thereupon the Charters on this Account are meer Nullities in Law to all intents and purpoſes.

2ly. If Pope Innocents deprivation of King John and his heirs, and giving away p. 304his Crown to the King of France and his heirs were good in Law, (as he reputed them) then King John after this Sentence and grant to the French King had no power to reſign to, or reſume his Crown and Kingdoms from this Pope; nor he to approate them to himſelf as St. Peters Patrimony, againſt his grant to the King of France, who by his own command was at ſo prodigal expence in raiſing an Army to take poſſeſſion thereof. And ſo this Reſignation, Charter voyd by his own Act.

3ly. It is a received Maxime in the Lawes of [a] England, (ſeconded by ſundry* 1 H. 4. c. 6. 2 H. 4. c. 2. 6 H. 4. c. 2. 6 H 8. c. 15. 31 H 8. c. 13. 1 Edw. 6. c. 8. 18 Eliz c. 2. 43 Eliz. c. 2. Brook Patents 1, 2, 54, 93. 97. 102. 48. Fitzherb. Grant 29, 30, 35, 36, 58, 110 Cook 2 Rep. f. 50. to 54. 3 Rep. f. 31. 75 76. 5 Rep. f. 93. 94. 6 Rep. f. 55. 56. 8 Rep. f. 28. 58. 167. Statutes, hundreds of Reſolutions by all the learned Judges of the Realm from age to age) That if the King be miſinformed, circumvented▪ or miſtaken in the conſiderations, grounds, motives of his Grants, eſpecially by the circumvention of thoſe to whom they are made; the Charters of grant in ſuch caſes are meerly voyd to all intents. Therefore this Charter muſt be ſo above any I ever yet read. For 1. it recites, That King Iohn publikely acknowledged, he had offended God, and his holy mother the Church (meaning the Pope and his Traiterous exiled Biſhops) in many things, for which he much needed Gods mercy; to wit, in not admitting Stephen Langton, unduly elected, to be Archbiſhop by this Popes own practiſes, force, fraud, againſt the juſt rights of his Crown and Liberties of the Church of England; in not ſubmitting to his impious Interdict, but commanding all Biſhops, Prieſts, to celebrate divine Service, Sacraments notwithſtanding it, and puniſhing thoſe who diſobeyed; in not ſubjecting himſelf to his Excommunications, unreaſonable demands, ſeiſing the Temporalties, goods of his Treacherous Biſhops, and refuſing to reſtore them, for interdicting his Realm, and depriving him of his Crown, &c. When as this Pope and they on the contrary by theſe impious proceedings, had more highly offended God, his Church, & the King, for which they more needed merciemercy, and to make publike acknowledgement and ſatisfaction thereof to the King by ſome humble Addreſſe; rather then to extort this Charter from him upon ſuch a falſe ſurmiſe. 2ly. That he needed to humble himſelf and both his kingdoms, for theſe his pretended perſonal ſinnes, whereof his kingdoms (eſpecially Ireland) were not guilty, and ſo needed not to be humbled for them. 3ly. That he had nothing fit or worthy to make ſatisfaction to God or his Church for theſe his ſurmiſed ſins, but the humbling of himſelf and his Kingdom ſo farr as this (againſt all rules of Law, Juſtice, and without preſident in any precedent age whatſoever in ſacred or prophane ſtorie) to reſign both his Crown, kingdoms to this Pope and his Succeſſors, reſume them from his Legat as his Tributary▪ under an annual rent; and to ſwear homage and fealty to him and them; when as God himſelf (the King of Kings) never required any ſuch ſatisfaction from the worſt of the Kings of Iſrael and Iudah; and this ſatisfaction was neither actually made to God, nor yet to his Church, but meerly to Pope Innocent himſelf and his Succeſſors, who was then neither God, nor his Church, but a profeſſed Enemy to both; as his above ſix years continued Interdict and proceedings demonſtrate. Beſides, the Church offended by his proceedings, if any, was the Church only of England, by the Archbiſhops, Biſhops, and Monks of Canterburies, confiſcations and exile; not the Church or Pope of Rome, who had no Right to diſpoſe of the See of Canterbury, or any of the Biſhops and Monks ſeiſed Temporalties: Therfore the ſatisfaction and Charter ſhould have been only made to the Church of England, and thoſe Biſhops, Monks, not to this Pope Nocent, and his Succeſſors. 4ly. The ſatisfaction that was made▪ by the King to the Archbiſhop, Biſhops and Monks, in admitting, reſtoring them to their Temporalties, goods confiſcated, and what ever unreaſonable dammage they could pretend to, (though Arch Traitors, Rebels, Enemies to him, deſerving rather a Gibbet, after ſo many ſucceſſive Treaſons and Practiſes againſt him;) was more then ſufficient, (being then made and ſecured to the Church he had offended) without this reſignation, or oblation of his kingdoms to this Pope, by this charter, and ſwearing homage to him. And ſo the charter void upon this account. 5ly. That this Charter was made by the inſpiration of the holy Ghoſt, is as direct a lye and blasphemy againſt the holy Ghoſt, as that of Ananias to St. Peter; who lyed not only to men, but to **Acts 5. 1. 2, 3.Acts 5:1Acts 5:2Acts 5:3God. For, 1. The holy Ghoſt never inſtructed any King to reſign up his Kingdoms, without his Subjects conſents, to any who had not the leaſt right or pretence thereto. 2ly. He never taught any Pope, Prelate, Apoſtle, or Clergy-man, to receive Crowns, Scepters, kingdoms, or Oaths of Fealty, Homage, and ſubjection from Kings to them, as their Vaſſals, but expreſly prohibits them to do it; commanding them to live in ſubjection to them, and not intangle themſelves in tho affairs of this world; as I have largely p. 305demonſtrated. 3ly. The **Here, p. 271, 272.premiſed, paſſages of Mat: Paris, Mat. Weſtminſter, and others aſſures us, That Pope Innocent, and his Legate Pandulphus inſpired thoſe motions into King John, which induced him to make this Charter; which were full of Antichriſtian menaces, and untruths, (As that near all the Barons and Commons of England, had by their **Here, p. 271▪ &c.Charters promiſed homage and fealty to the King of France, and to aſſiſt him to ſeiſe his Crown and kingdoms by force of arms, &c.) Now whether ſuch an inſolent Impoſtor as Pandulphus, ſuch an Antichriſtian Pope as this Innocent, were in truth the holy Ghoſt, or their falſe fraudulent menaces, ſurmiſes, infuſed into this King, by the inspirations of the holy Ghoſt, or can be ſo reputed without blaſphemy, let all ſober Chriſtians judge; they really proceeding from the very father of Lyes, the **John 8. 44.John 8:44Devil. 6ly. This pretended holy Ghoſt inſpired him, to inſert theſe 8. notorious Lyes, and falſe Suggeſtions together into the very next words of the Charter: 1. That he did it, non vi inducti; ſo the later Charter, but the firſt, non vi interdicti; 2. Nec timore coacti; 3. Sed noſtra bona ſpontaneaque voluntate; (which 3. **Here, p. 294, to 302.all the premiſed paſſages diſprove.) 4. Ac Communi conſilio Baronum noſtrorum offerimus, as the laſt; or conferimus, as the firſt Charter. (Contradicted by the **Here p. 296, to 300.Barons themſelves, King Henry the 3d. the whole Kingdom, and their Proctors to the Popes face in the Council of Lyons, King Edward the 3d. and his whole Parliament, by our Hiſtorian, yea the French King and all his Nobles, as you have heard.) 5. Libere concedimus, &c. 6ly. Deo, & Sanctis Apoſtolis Petro & Paulo, (who neither required, approved, nor accepted this ſatisfaction, nor to whom King John ever intended it.) 7ly. Et Sanctae Eccleſiae Romanae matri noſtrae, (ſhe being then his and our Churches ſtepmother, enemy, not mother) all made ſtales to uſher in this clauſe; which hath the ſole colour of truth: Ac Domino (noſtro is added in the laſt, not in the firſt charter) Papae Innocentio, ejuſque Catholicis ſucceſſoribus, totum Regnum Angliae, & totum Regnum Hyberniae (the word noſtrum is omitted in both Charters, and annexed to neither; therefore void in Law) cum omni jure, & pertinentiis ſuis: 8ly. For this pretended end; Pro remiſſione omnium peccatorum meorum (the only ſuppoſed delinquent) & totius generis noſtri, tam pro vivis, quam pro defunctis; the later whereof were no wayes privie to, not guilty of his ſurmiſed offences againſt the Pope and Church. Which Charter being againſt his Oath, truſt, office, duty, and the Laws, increaſed his Sins, but could no wayes tend towards the remiſſion of them, as this Pope and Pandulphus untruly ſuggeſted. 7ly. Its Nullity in Law is moſt apparent, from theſe 3. grand defects: 1. King Johns ſurrender of his Crowns, kingdoms to Pandulphus at leaſt 5. dayes before, was only by word of mouth, not Patent, or Charter, and ſo voyd in Law. 2ly. Pandulphus had no ſpecial Letter of Attorny from the Pope, either to receive this charter or ſurrender to the Popes uſe, or regrant his kingdoms to King John under this ſpecial annual rent, homage, and other conditions. 3ly. Here is no reconveyance of them from the Pope or his Legat to King Iohn by any ſpecial Bull, but only King Johns bare charter to the Pope. Therefore all a meer void Pageantry, paſſing juſt nothing. 8ly. The Tenure of King John in the laſt Charter quite ſubverts the Popes Title: For whereas the firſt runs; Et amodo illa ab eo, (to wit, Pope Innocent) the later is, amodo illa A Deo, & Eccleſia Romana tanquam feodum (the firſt is ſecundarius) recipientes & tenentes. That the Kings of **Here, p. See 16 R. 2. c. 5. 37 H 8. c. 17 1 Eliz: c. 3. 1 Jac. c. 1.Jas 1England hold their Crowns, Kingdoms, immediatly and only from God (and King Iohn as well as his Predeceſſors, not from the Pope or Church of Rome) I have formerly evidenced: Therfore he by this Charter holding and receiving it only from God (not the Pope) to whom he here granted it, (as concedimus Deo evidenceth) **Prov. 8. 15, Dan. 4. 25.Prov 8:15Dan 4:25by whom alone Kings reign, & receive their kingdoms, the Pope being not mentioned in this clauſe, and the Church of Rome no party to this Charter, nor Proprietarie of our Realms, nor exalted ſo as to out God himſelf of the Kings immediate Tenure of his Crown from him alone, as his Soveraign Lord, the Charter muſt needs be void; 9ly. Upon this account, the Oath of Homage made and ſworn by the King to Pope Innocent in the preſence of his Legat Pandulphus, ſeeing all the branches thereof relate only to him and his Succeſſors, not to God, St. Peter, St. Paul, or the Church of Rome (only inſerted for a blind, in the prologue, not in any branches of the Oath) muſt neceſſarily be void in Law and conſcience; elſe God the Supream Landlord, and his Church alone commanding one thing, and the Pope another contrary thereunto, (as oft he doth) the King and his Succeſſors by his Oath and Homage ſhould be bound to obey the Pope, before God or the* Acts 4. 19, 20▪ c. 5. 29.Acts 4:19Acts 4:20 Church, under pain of forfeiting their right in the two kingdoms, which were both irreligious and abſurd. 10ly. The Clauſe whereby the King obligeth his heirs and p. 306ſucceſſors to do homage to the Pope and his Succeſſors, and not to contradict any thing in this charter under pain of forfeiting his Right to theſe kingdoms, is contrary to the Rights and Prerogatives of the Crown, ſpecially excepted out of this grant, yea contrary to the coronation Oath, and Laws of the Realm: Therefore it makes the Charter Null to all intents, of which anon more largely. 11ly. It is obſervable, 1. That the thouſand marks yearly penſion for England and Ireland at two ſeveral feaſts, Michaelmas and Eaſter, is no reſervation made by the Pope, (and ſo no rent-ſervice at all) but a ſpecial grant of the King himſelf. 2ly. That he granted it only as an indicium, or token of this his perpetuae oblationis, (ſo the laſt Charter, not obligationis as the firſt) & conceſſionis thrice ſtiles it: Therefore being only an Oblation (not **Moſt of our Hiſtorians ignorantly ſtile it, an Obligation, from Matth: Paris his miſtake.obligation) made by him unto God to expiate his ſins; it could not be a Tribute, rent-ſervice or rent-charge, but a meer voluntary penſion. 3ly. That he granted it only de propriis & ſpecialibus redditibus noſtris (not haeredum noſtrorum, a great flaw) praedictorum regnorum (without the word noſtrorum in the firſt, inſerted into the laſt) and ſo out of his Exchequer only, not his Demeſnes. 4ly. That it was in lieu of all other ſervices; pro omni ſervitio & conſuetudine (quae in the firſt, but quod in the later charter) pro ipſis facere debemus; except only Peter-pence: Therefore no Tribute, but a penſion, to exempt him from all other duties formerly exacted out of either kingdom, not a rent, or ſervice now due by his reſignation & reſumption of his Crown and kingdom from the Pope. 5ly. That this Annual oblation is not granted by the King to God, or to St. Peter, and St. Paul, (the chief pretended Landlords) and which is more conſiderable, not to Pope Innocent himſelf and his canonical Succeſſors, but only Eccleſiae Romanae; Now although **De Planctu Eccleſ. l. 1. Art. 31.Sir 50:1Alvarus Pelagius informs us, Ʋbicunque eſt Papa, ibi eſt Eccleſia Catholica; Yet whether the Pope alone, or the Pope with his Cardinals, or the Pope with his Cardinals and Dioceſan Biſhops, or the Pope and a General Council joyntly; or a General Council alone, or the Cardinals, and Clergy of Rome, without the Pope, be the Church of Rome, is yet **See Sir Humfry Lyndes Via Devia, Biſhop Morton of the Church, Bellarmin. de Eccleſia; Dr. John Whites Way to the true Church, & Defence thereofunconcluded, undecided by their great Doctors; and ſo the grant void for uncertainty. 6ly. There is no grant or clauſe of Diſtreſs, Interdict, Excommunication, Sequeſtration, Entry into the demeſne of theſe Realms, or any other coercive means to recover this Rent in Law or Equity, if in arrear and unpaid at the terms in this Charter mentioned, (a very great overſight) and ſo a meer voluntary penſion, oblation to be paid at will, but no Tribute or real rent, as hath been generally miſtaken.

Now becauſe I found no mention in our Hiſtories of any payment of this Annuity or oblation to this Pope or his Succeſſors, by King John himſelf, or any of his Succeſſors, but only an intimation by King Henry the 3d. and kingdom (complaining againſt it in the Council of Lyons, and endeavouring an exemption from it) that it was demanded, and paid too as a kind of Tribute and publike Grievance; I did for my own ſatisfaction make diligent ſearch in the Liberate, Clauſe and Patent Rolls, to diſcover what demands and payments were heretofore made thereof by any king; which I ſhall here pteſent you with as a rarity not formerly obſerved by any.

Upon my ſtricteſt ſearch, I can find no payment thereof to Pope Innocent by King* See here, p. 290. John himſelf which granted it, but only † for one year before-hand when he ſealed his Charter; who dying about 3. years after, during which his kingdom was infeſted with civil Wars between him and his Barons, invaded by Lewes of France made King by the Barons in his ſtead, his Lands, Rents ſeiſed, his treaſure exhauſted, and the people every where miſerably plundered, it is probable there neither was nor could be expected any other punctual payment of it. His Son and Succeſſor H. the 3d. being an Infant, crowned at Gloceſter by Walo the Popes Legat, (who was very inſtrumental to reſtore him to his Crown, and expell Lewes, only to preſerve the Popes intereſt rather then the Kings) after his Coronation Oath, by this Legats means, fecit homagium Stae Romanae Eccleſiae et Dom: Innocentio Papae de regno Angliae et Hiberniae; et juravit, quod mille marcas quas Pater ejus tulerat Romanae Eccleſiae (therefore his Fathers meer grant, not Popes reſervation) fideliter perſolveret quamdiu praedicta regna teneret; as **Hiſt. Angliae p. 278.Matthew Paris records; yet notwithſtanding this Oath (made by an Infant King not ten years old, and ſo void in Law) I cannot find in the Liberate Rolls (where all warrants for payments of all Penſions granted by the King, or ſums of money iſſued out of his Exchequer to any perſons are carefully entred) any warrant to pay this oblation, till the 12th. year of King Henry the 3d. (full 15 years after its firſt grant by King John) when p. 307the King upon an extraordinary occaſion to work his ends with the Pope and Cardinals, and to advance, gratifie his Chancellor, iſſued this enſuing Warrant.