Roma ruit the pillars of Rome broken : wherein all the several pleas for the Pope's authority in England, with all the material defences of them, as they have been urged by Romanists from the beginning of our reformation to this day are revised and answered ; to which is subjoyned A seasonable alarm to all sorts of Englishmen against popery, both from their oaths and their interests / by Fr. Fullwood ...

SECT. I. Of Appeals to Rome. Three Notions of Appeal. Appeals to Rome Locally, or by Legates. Wilfrid. Anselm.

APpeals to Rome, we have found among these things which were prohibited by Henry the Eighth: Therefore no doubt the Pope claim∣ed, and in some sort possessed the power of re∣ceiving

such Appeals before. But what kind of Possession, how free, and how long, is worthy to be enquired.

Appeal, is a word taken several ways: Some∣times it is only to accuse; so we find it in the Statutes of the 11 and 21 Rich. 2. Sometimes to refer our selves for judgment, to some wor∣thy person; so Francfort, &c. appealed to John Calvin. 3. But now it is chiefly used for a re∣moving a cause from an inferior to a Superior Court, that hath power of disanulling what the other did.

In this last sense, Historians tell us, that Ap∣peals to Rome were not in use with us, till about five hundred years agon, or a little more, viz. the year 1140.

These Appeals to Rome were received and judged either in the Popes Court at Rome; or by his Legates in England. A word or two of each.

For Appeals to the Pope at Rome, the two famous instances of Wilfred and Anselm, take up much of our History.

But they both seem, at least at first, to have appealed to the Pope, under the second notion of appeal: Not to him as a proper or legal Judge; but as a great and venerable Prelate.

But not to stick there; 'tis well known what effect they obtained: As for Wilfred, his account was of elder date; and hath appeared before, to the great prejudice of the Popes Possession in En∣gland at that time.

But Anselm is the great monument of Papal O∣bedience; and, as a learned man observes, the first promoter of Papal Authority in England.

He began his Enterprise with a pretence, that he ought not to be barr'd of visiting the Vicar of St. Peter, causâ Regiminis Ecclesiae; but he was not suffered to do that: So far was the Pope then, from having the power of receiving ap∣peals, that he might not receive the visit of a person of Anselm's quality, without the Kings leave.

First, he was told by the Bishops, as well as Lay-Lords, that it was a thing unheard of, and altogether against the use of the Realm, for any of the great men, especially himself to presume any such thing, without the Kings Licence.

Notwithstanding, he would, and did go; but what followed? His Bishoprick was seiz'd in∣to the Kings hand: And the Pope durst not, or thought not good, to give him either Consilium or Auxilium, as Sir Rog. Twisd. p. 11. & 12. makes appear out Eadmer, p. 20, 26, 38, 39, 53.

In the dispute, the King told Anselm, the Pope had not to do with his Rights; and wrote that free Letter, we find in Jorvalensis Col. 999, 30. and upon the ambiguous answer of the Pope, the King sent another letter by Anselm himself to Rome, who spake plainly, his Master, nec amis∣sione Regni, &c. for the loss of his Kingdom, he would not lose the investiture of his Churches.

[Obj.] But Anselm, as Arch-Bishop, took the Oath, that was appointed by the Pope to be taken at the receiving of the Pall, which allowed his Power to receive Appeals.

[Ans.] 'Tis true; but Pope Paschalis himself, who devised that Oath, acknowledgeth, that it was as Anselm signified to him, not admitted; but wondred at; and lookt on as a strange innovation

both by the King and the great men of the King∣dom. The King pleaded the Fundamental Laws and customs of the Land against it; it is a custom of my Kingdom instituted by my Father, that no Pope may be appealed unto, without the Kings li∣cence. He that takes away the customs of the King∣dom, doth violate the Power and Crown of the King. And 'tis well noted by Arch-Bishop Bramhall, that the Laws established by his Father, viz. William the Conqueror, were no other than the Laws of Edward the Confessor; that is to say, the old Saxon Laws, who had before yielded to the request of his Barons (as Hoveden notes) to confirm those Laws.

But, though Anselm had obliged himself by the said Oath to the Pope, yet the rest of the Bi∣shops refused the Yoke; and thereupon, Malmsb. tells us, in his &c. that, in the execution of these things, all the Bishops of England did deny their Suffrage to their Primate.

Consequently, the Ʋnanimity of the whole Realm, appeared in the same Point, in the Reign of this Kings Grandchild, in the Statute of Clarendon; confirming the former Brittish, English custom, not only by their consents, but their Oaths: wherein generally every man is in∣terdicted to appeal to Rome.

This Statute of Clarendon was made, when Po∣pery seemed to be at the height in England: It was made to confirm the Customs and Liberties of Henry the Seconds Predecessors; that is to say, as the words of the Statute are, his Grandfather Henry the first, Son of the Conqveror, and other Kings. Now the Customs of England are our common Laws, and the customs of his Predecessors

were the Saxon, Danish, and Norman Laws; and therefore ought to be observed of all, as my Lord Bramhall reasons.

What these customs were, I may shew more largely hereafter; at present this one is perti∣nent. All appeals in England must proceed regu∣larly, from the Arch-Deacon to the Bishop, from the Bishop to the Arch Bishop; and if the Arch-Bishop fail to do his duty, the last must be to the King, to give order for redress, that is, by fit delegates.

In Ed. the Thirds time, we have a plain Law to the same purpose in these words; Whosoever should draw any of the Kings Subjects out of the Realm in plea about any cause, whereof the Cognizance be∣longeth to the Kings Court, or should sue in any foreign Court to defeat any Judgment given in the Kings Court, (viz. by appealing to Rome) they should in∣cur the same penalties; and upon the same ground, the body of the Kingdom would not suffer Ed∣ward the First, to to be cited before the Pope.

[Obj.] 'Tis confest, that in the Laws of Hen. 1. 'tis granted, that in case a Bishop erring in Faith; and on Admonition, appearing incorrigible, ad sum∣mos Pontifices (the Arch-Bishops) vel sedem Apo∣stolicam, accusetur: which passage, as Sir Ro. Twisden guesses, was inserted afterwards; or the grant gotten by the importunity of the then Pope.

[Ans.] But the same learned Mans Note upon it, is, that, this is the only Cause wherein I find any En∣glish Law approve a foreign Judicature.

'Tis plain, Anselm's Appeal (now on foot) was disapproved by the whole Kingdom: 'tis e∣vident, that this Clause was directly repugnant to the Liberties and Customs of the Realm; upon

which Anselm's Appeal was so ill resented.

'Tis manifest in those days, and after, ap∣peals to Rome were not common: yea this very Pope Paschalis complains to this King, Vos op∣pressis Apostolicae sedis appellationem substrahitis, which was an. 1115. and that they were held, a cruel intrusion on the Churches Liberty; so as at the Assize at Clarendon, 1164. this Law, if it were so, was annulled and declared to be con∣trary to the liberties and customs of the Realm; the eighth Chapter whereof, is wholly spent in shewing the Right of the Kingdom in this point, quod non appellaretur, for any Cause, ad sedem Apo∣stolicam, without leave had first, from the King and his Officials, as Joh. Sarisb. interprets, Ep. 159. p. 254.

[Obj.] Indeed, the King did personally yield after∣wards, an. 1172. not to hinder such appeals in Ecclesiastical Causes.

[Ans.] But the whole Kingdom four years after, would not quit their interest; but did again renew the assize of Clarendon, 1176. using this close expression. Justitiae faciant quaerere per consuetu∣dinem terrae illos qui a regno recesserunt, & nisi redire voluerint, & stare in curia domini Regis, ut legentur, &c. as Gervase also notes. au. 1176. Col. 1433. 19.

Accordingly, was the practice, during K. Rich. the seconds time: Geffrey Arch-Bishop of York, was complained of; that he did not only refuse Appeals to Rome, but imprisoned those that made them: and though upon that complaint, a time was assigned to make his defence to the Pope, yet he refused to go; because of the Kings Prohibition and the indisposition of the Air.

After this, upon a difference with the King, the Arch-Bishop went to Rome; and made his peace with the Pope, and returns; but the King offended with it, committed the care even of the spirituals of his Arch-Bishoprick to others, till he had reconciled himself to the Crown, which was nere two years after, about 1198.

After this, again, he received complaint from Innocentius III. non excusare te potes, &c. Thou canst not excuse thy self as thou oughtest, that thou art ignorant of the priviledge of Appeals to us; seeing thou thy self has sometimes done the same.

And near about the same time (as Twisden observes) Robert Abbot of Thorney, deposed by Hubert Arch-Bishop, was kept in Prison a year and an half, without any regard had to his ap∣peal made to the Pope.

[Obj.] Indeed, that Pope Innocent the Third and his Clergy, great instruments in obtaining Magna Charta from that Prince, had got that clause inserted, liceat unicuique, it is lawful for any one to go out of our Kingdom, and to return, nisi in tem∣pore Guerrae, per aliquod breve tempus. After which, saith Twisden, it is scarce imaginable how every petty cause was by appeals removed to Rome; which did not only cause Jealousie at Rome, that the grievance would not long be born; and put the Pope, in prudence to study and effect a mitigation, by some favourable pri∣viledges, granted to the Arch-Bishoprick: but it did also awaken the King and Kingdom, to stand upon, and recover their ancient liberty in that point.

Hereupon, the Body of the Kingdom, in their querelous Letter to Innocent the fourth, 1245.

or rather to the Council at Lions, claim, that no Legate ought to come here, but on the King's desire, & ne quis extra Regnum trahatur in Causam: which Math. Par. left out; but is found in Mr. Roper's M. S. and Mr. Dugdale's; as Sir Roger Twisden observes; agreeable to one of the Gravamina Angliae, sent to the same Pope 1246. viz. quod Anglici extra Regnum in Causis, Aposto∣lica Authoritate trahuntur.

Therefore, it is most remarkable, that at the revising of Magna Charta by Edw. 1. the former clause, liceat unicuique &c. was left out. Since which time, none of the Clergy might go beyond Seas, but with the King's leave; as the Writs in the Register, and the Acts of Par∣liament assure us; and which is more, if any were in the Court of Rome, the King called them home.

The Rich Cardinal, and Bishop of Winchester, knew the Law in this case; and that no man was so great, but he might need pardon for the offence: and therefore, about 1429. caused a Petition to be exhibited in Parliament, that neither himself, nor any other, should be trou∣bled by the King &c. for cause of any provisi∣on or offence done by the said Cardinal against any Statute of Provisions &c. this was in the Eighth of Henry the Sixth, and we have a plain Statute making such Appeals a premunire in Ed∣ward the Fourth. Sir Roger Twisden observes, the truth of this barring Appeals, is so constantly averred, by all the Ancient Monuments of this Nation, as Philip Scot, not finding how to deny it, falls upon another way; that, if the Right of Appeals were abrogated, it concludes not the

See of Rome had no Jurisdiction over this Church: the Concession gives countenance to our present enquiry; the consequence shall be considered in its proper place.

What can be further said, in pretence of a quiet possession of Appeals, for nine hundred years together? since it hath been found to be in∣terrupted all along, till within one hundred years before Hen. 8.

Especially seeing my Lord Bramhall hath made it evident by clear Instances, that it is the Ʋnanimous Judgment of all Christendom, that, not the Pope, but their own Sovereigns in their Councils, are the last Judges of their National Liberties, vid Bramh. p. 106. to 118.

Notes

• 3 Senses Appeal.
• 1. Locally.
• Wilfred.
• Anselm.
• Anselm.
• Eadem. 73, 13.
• Baron. an. 1102. nu. 8.
• Malms. l. 1. degest. Pont. Ang.
• In Hen. 2.
• Malm. ibid.
• Math. Par. 1164. Hoved. in Hen. 2.
• P. 73.
• 27 Ed. 3. c. 1.
• P. 32.
• Eadm. p. 113. 3.
• Hoved. f. 314. b. 3.
• Hov. an. 1201.
• Hov. f. 430. b. 37.
• Matth. Par. p. 668. 3.
• Reg. 193. Coke Inst. 3. p. 179. 12 R. 2. c. 15.
• Rot. Parl. 10 Hen. 6. n. 16.
• 9 Ed. 4. 3.
• P. 37.