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A29168 A complete history of England from the first entrance of the Romans under the conduct of Julius Cæsar unto the end of the reign of King Henry III ... : wherein is shewed the original of our English laws, the differences and disagreements between the secular and ecclesiastic powers ... and likewise an account of our foreign wars with France, the conquest of Ireland, and the actions between the English, Scots and Welsh ... : all delivered in plain matter of fact, without any reflections or remarques by Robert Brady ... Brady, Robert, 1627?-1700. 1685 (1685) Wing B4186; ESTC R19638 1,289,549 1,106

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Vndenonaperto propter Enormitatem sed sub quadam insin●ationis specie artificiose ei suadebans ut ipse c. The Bishops perswade him to Complyance they did not openly for any Enormity but as it were by way of insinuation artificially perswade him That he should in all things even to what belonged to the Arch-Bishoprick submit himself to the Kings pleasure if he could so appease his wrath and Indignation Adding That unless he did it he would be accused of Perjury and Judged as a Traytor because he had not observed his Oath of Fealty or Fidelity he had Sworn to the King by which he was bound to maintein his Terrene honor nor had observed the Kings Customes or Laws to which he had specially bound himself by a new Oath He was not much dismaid that the world so frowned on him but That which was to him most Detestable above all things was That he Collected from the words of the Bishops That they were ready to Judge him not only in Civil but also in Criminal Causes in a Secular Court * Communiter vobis omnibus in virtute Obedientia Sanctae sub ordinis vestri periculo hoc inhibeo ne deinceps itersitis Judicio quo mea persona judicetur He prohibits the Bishops to Judge him And therefore he forbad them all by virtue of holy Obedience and under peril of their Order That they for the future should not be present in Court when his person was Judged And that they might not do it he appealed to their Mother the Roman Church the Refuge of all oppressed But notwithstanding what he said all the Bishops hastned to the Court except two London and Winchester who privately staid behind and Comforted him After this he went into the Kings Chamber [9] Ib. C. 35. He goes into the Kings Chamber with his Cross Erected Carrying the Cross himself Erected expecting the Kings Coming The Bishops Disswaded this as an undecent posture and would not That he should have proceded after this manner [1] Ib. Col. 36. The King took notice of it and by Out-Crie or Proclamation made by an * vocatis igitur praeconis voce Pontificibus proceribus universis The King complains of his Insolency Herald called together all the Bishops and great men to whom he made a great and grievous complaint That the Arch-Bishop had in Reproach of himself and the Kingdom or Government so Entred the Court as a notable Traytor and so insolently as no Christian Prince had ever seen or heard of the like behaviour All were of the Kings opinion Declaring him always a vain and proud man and that such Ignominie not only reflected upon the King and Kingdom but upon themselves also and said it had Worthily happened to him The Bishops and great men confess him a Traytor who had made such a man the second person in the Kingdom To whom all were subject and none his aequal Therefore they all Declared him a manifest Traytor and to be punished accordingly who had not according to his Oath observed Terrene honor toward his Prince from whom he had received so many and so great advantages but rather in this fact had impressed upon the King and Kingdom a perpetual mark of Treason sed potius in hoc facto Regi Regno perpetuam proditionis Macalam impressisset And to be punished as a perjured person and Traytor they are the Authors words and therefore he ought to be punished as the Kings perjured man and Traytor and this was the voice of them all propterea in eum tanquam in Regis perjurum proditorem animadvertendum super hoc Clamor omnium invalescebat The [2] Ibidem C. 37. The Bishops obtein leave of the King to Consult apart Bishops by leave from the King Consulted apart for they were either to incurre his indignation or with the great men in a Criminal Cause to Condemn their Arch-Bishop which for the manifest violation of holy Sanctions or Canons they dare not do At length the matter was thus patch't up by Common Council or Contrivance of the Bishops That they woul Appeal the Arch-Bishop of perjury in the Court of Rome and bound themselves to the King in the word of Truth That they would use their utmost Endeavour to Depose him Having thus obliged themselves to the King They promise to indeavour to oppose him they all went from him to the Arch-Bishop and Hilary Bishop of Chichester in the name of the rest told him [3] Ibid. That he had been their Arch-Bishop and then they were bound to obey him But because he had Sworn fealty to the King and did Endeavour to destroy his Laws and Customes especially such as belonged to his Terrene Dignity and honor therefore they declared him Guilty of perjury and That for the future they were not to obey a perjured Arch-Bishop They App●al to the Pope And therefore put themselves and what was theirs under the Popes protection and Appealed to his presence and appointed him a day to answer these matters The King [4] Ibidem C. 38. and Chief men without the Bishops sitting in Judgment Rege cum principibus pontificibus substractis sendente pro Tribunali It was most certainly believed The Arch-Bishop would have been imprisoned or somewhat worse have been done to him for the King and all the great men that were present judged him perjured and a Traytor The King and great men judge him perjured and a Traytor The Earls and Barons go to him the Earl of Leicester tells him what he must do And the Earls and Barons and much Company went from the King to the Arch-Bishop of whom the chiefest person Robert Earl of Leicester told him he was to come and answer what was objected against him as he had promised to do the day before or he must hear his Sentence he rising up said Sentence yea Son Earl hear you * His obstinate answer to the Earl of Leicester when the Church of Canturbury was given to me I asked what manner of person that would make me and it was answered free and exempt from the Kings Court Et responsum est Liberum quietum ab omni nexu Curiali me redderet Free therefore and absolute as I am I will not nor am I bound to answer to those things from which I am Exempt And then added My Son Earl observe by how much the Soul is more worthy than the Body by so much the more I am to obey God than a Terrene Prince But neither Law nor reason permits That Children or Sons should Condemn or Judge their Fathers and therefore I decline the sentence of the King your self and others as being to be judged under God alone by the Pope Vnde Regis et tuum et aliorum Iudicium decline sub Deo solo a Domino Papa judicandus To whose presence I do before you all appeal putting both the Dignity and Order of the Church
whole Council saith the Arch Deacon of Huntington without doubt then present at it was mad with Appeals Appeals to the Pope were now first used in England For in England Appeals were not in use until Henry Bishop of Winchester while he was the Popes Legat cruelly to his own mischief dragged them in and in this Council there were three Appeals to the Pope Besides these three there were many Appeals to Rome in this Kings Reign Upon the Vacancy of the [7.] Radulf de Dice●o Col. 506. lin 1. An. Do. 1136. Bishoprick of London the Dean and Canons could not agree in the Electing of a fit Person to be Bishop several were propounded The Canons without the knowledge of the Dean chose Anselm Abbat of St. Edmonds-Bury [8.] Ib. n. 30. An. Do. 1137. Anselm Appeals to the Pope and is Confirmed Bishop of London They privately take the Treasure of the Church and with their Elect that was laden with Money go to Rome Their success proved what a large Bag could do for at their return he was invested and had possession of the Bishoprick [9.] Ib. n. 50. An. Do. 1138. The Dean by two of the Canons and his Domestick Clerks Ralph de Langeford and Richard de Belmeis his Sollicitors Appeals to the Pope He having heard their Allegations and by them received the Arch-Bishop of Yorks Letter and Certificate concerning Anselm and with the [1.] Ibid. Col. 507. lin 4. The Dean of London Appeals to the Pope and Anselm is turned out Cardinals having seriously debated the matter pronounced by the Mouth of Alberic Bishop of Ostia That since the Election of the Canons was made without the knowledge of the Dean who ought to have had the first Voice it was therefore void [2.] Ibidem n. 50. And then the Pope committed the Care of the Church of London by the Kings favour to the Bishop of Winchester and so held it as it were in Commendam from the Pope two years This Man had ill luck for after he had possession of the Bishoprick of London [3.] Ibid. Col. 506. n. 50. Ordingus the Prior was chosen Abbat of St. Edmonds-Bury and so he lost both Richard de Belmeis aforesaid had been [4.] Ibidem Col 5●7 n. 10 20 30. An Appeal to the Pope for the Arch-D●aconry of Middlesex made Arch-Deacon of Middlesex but was too young to execute the Office which Hugh one of his Uncle Richard de Belmeis the then Bishop of London's Chaplains was to manage for him When Richard became ●it for the Office and his Uncle the Bishop of London was dead Hugh refused to restore it unto him He Appeals to the Pope who sends his Letters or Brief to the Bishops of Lincoln and Hereford to hear the Cause who gave it to Richard In the year 1147. Pope Eugenius held a Council at Rhemes [5.] Chron. Gervas Col. 1363. n. 30. The Clerks of the Church of York Appeal to the Pope He Deposeth the Arch-Bishop of York in this Council appeared some Clerks of the Church of York with Henry Murdack Abbat of Fountains accusing William Arch-Bishop of York That he was neither Canonically Elected nor Lawfully Consecrated but intruded by the King at length the foresaid William was Convicted and Deposed Alberic Bishop of Ostia pronouncing the Sentence and saying We Decree by Apostolick Authority That William Arch-Bishop of York be Deposed from the Bishoprick because Stephen King of England Nominated him before Canonical Election When as therefore [6.] Ibidem n. 40 50. The Pope Commands the Chapter to choose a new Arch-Bishop c. He that had the fewest Suffrages is made Arch-Bishop Pope Eugenius on his own Will and by the Consent of the smaller number of Cardinals had Deposed St. William Arch-Bishop of York the Chapter of that Church Convened by his Mandate chose an Arch-Bishop or rather Arch-Bish●ps the Major part of the Chapter chose Hilary Bishop of Chichester the other part chose Henry Murdac Abbat of Fountaines When both Elections were presented to the Pope he confirmed the Election of Henry Murdac and Consecrated him with his own Hands Strife between the Legat and Arch-Bishop While Henry Bishop of Winchester was the Popes Legat there were great Strife and Animosities between him and Theobald Arch-Bishop of Canterbury he stretching his [7.] Gervas Act. Pontif. Cantuarien Col. 1665. n. 20 30. Legantine Priviledge mightily beyond what he ought and called his own Arch-Bishop and the Bishops of England to meet him when and where he pleased Theobald taking it ill and scorning to be thus over-awed by the Industry of Thomas a * This was Thomas Becket afterward Arch-Bishop of Canterbury The Arch-Bishop made ●egat Appeals first used in England Clerk of London whom he sent to Rome he dealt so effectually with Pope Celestin who succeeded Innocent that he removed Henry and made Theobald his Legat. From hence arose great Discord Contentions and several Appeals never * Ibidem The Canon Law first used in England heard of before Then the Laws and Lawyers were first called into England meaning the Canon Law and Lawyers the first Teacher whereof was Master Vacarius who Read at Oxford These Appeals to Rome were very Chargeable and besides nothing could be done without Friends and Gifts or Presents This Kings Reign was not very long but never quiet and free from intestine War Confusion and Unsetledness which gave the Pope and Clergy great opportunities to incroach upon Regal Power and bring in such Laws The Reasons why those Appeals and Laws obtained in England Usages and Customs as were not before practised in this Nation For the King dare not oppose these Practises because his Title wholly depended upon the Popes Confirmation of his Election as they called it by half a dozen Persons and his Brother Henry Bishop of Winchester who set him up and was Legat a great part of his Reign dare not but comply in all things with the Pope if it were not his inclination so to do nor Arch-Bishop Theobald after him lest they might be Exauthorated and lose a place of mighty Power at this time as well as Profit Scutages Subsidies or Taxes I read of none during all this Kings Reign both Armies and Pretenders lived by Plunder and Rapine and maintained themselves chiefly by the Ruine and Destruction of their Adversaries their Men and Tenents King Stephen by his Wife Maud had [8.] Mr. Sandfords Geneal Hist f. 42. Baldwin his eldest Son who died in his Infancy 2. [9.] Ibidem Eustace Earl of Bologne he Married Constance Daughter of Lewis the Seventh King of France and Sister to Lewis the Gross and died without Issue 3. * See King Stephens Charter in the Append n. 35. William [1.] Ibidem f. 43. Earl of Mortaign and Bologn Lord of the Honours of Aquila or Eagle and Pevensey Married Isabel the Daughter and Heir of William the Third Earl of Waren and Surrey
afterwards appeared and with John Bailiol submitted to a Fine for their Miscarriages And then the King and Queen being put into such a Condition as they liked King Henry returned into England Peter Egeblank Bishop of Hereford and the Queens Vncle [4] f. 910. n. 20 30 40. Annal. Burton f. 348. A. D. 1255. Peter Egeblanke Bishop of Hereford his project to supply the Kings wants Paris ut supra 5. n. 50. observing the King uneasie by reason of his Debts and for want of Money had a strange Invention for a supply with which he acquainted him and with the Kings leave went to Rome toward the end of Summer to perfect his Design 5 where he found the Pope likewise in Dumps for the great Debts he had contracted which he said the King of England was obliged to Discharge under the pain of being disinherited and the ill posture of the Church affairs He comforted the Pope with a way he had to help him and by the assistance of some 5 Cardinals by whose advice the Pope persued the projects of his Predecessor who could bend him any way he obteined from him what he pleased His device was to Forge Obligations from as many Bishops Abbats and Priors as he pleased in the Summ of 500 600 or 700 Marks or more [6] Ibid. f. ●11 lin 1. to this or that Siena or Florentine Merchant or rather Vsurer for Money pretended to be Borrowed of them which was * Append. n. 181. expended at Rome about Transacting the affairs of their particular Churches About the Feast of St. Edward the 13th of October the Bishop of Bononia came to the King and brought the [7] Ibid. f. 911. n. 50. Edmund the Kings Son invested with the Kingdom of Sicily and Apulia Ring which the Pope sent to his Son Edmund with which in a numerous multitude of Great Men he solemnly Invested him with the Kingdom of Sicily and Apulia with which says the Monk the King was as much pleased as if he had received the Homages of the Sicilians and Apulians or had been possessed of their Cities and Castles About this time Pope Alexander [8] f. 913. n. 20 30. The Pope sent Rustand a Gascoign into England sent Master Rustand a Gascoign a Lawyer and one of his Sub-Deacons into England giving him and the Arch-Bishop of Canturbury power to gather a [9] Append. n. 182. The Powers granted to him and the Arch-Bishop of Canturbury Tenth in England Scotland and Ireland to the use of the Pope or King indifferently notwithstanding any former Letters Indulgencies form of Words Cause or Thing whatsoever He also gave them power to absolve the King from his Vow of undertaking the Expedition of the Cross to Ierusalem yet so as he should change it into an Expedition into Apulia against Manfred Enemy to the Church of Rome and to this he was Sworn by the Bishop of Bononia and to draw him on the Pope * Append. n. 183. gave him all Moneys in England which were to be collected toward the Maintenance of the Expedition to the Holy Land Upon the Feast of St. Luke or 18th of October most of the great men of England were at Westminster [1] Paris ut supra n. 40 50. The King desireth his Brother and Great Men either to grant or lend him money but could prevail with neither amongst whom the King first bespoke his Brother Richard earnestly pressing him to give him an Ayd in Money to whom the Pope also wrote supplicating him to lend his Brother forty thousand either Marks or Pounds not said what that he might shew a pious Example to others The Earl was neither moved by the Prayers of the King or Pope and for that especially he had undertaken an expedition into Apulia being wheadled by the Whispers of the Italians without his Advice or the assent of his Baronage When he accosted others about the same matter They answered That then all had not been Summoned according to the Tenor of their great Charter and therefore they would then [2] Ibid n. 40. make no Answer or Grant any Aid without their Peers which were absent The Parlement saith the Monk by many fictitious Delays fictis occasionibus was continued a Month while the great men had emptied their Purses at London who then returned home having done nothing A. D. 1256. On the fifth Sunday in Lent the Arch-Bishop of Messina before the Prelates Clergy and Laity [3] Annal. Burton f. 372. Convened in a great Multitude in the Chapter House at Westminster propounded to them the Business of Sicily for which he was sent hither by the Pope and indeavoured by his Letters and own perswasions to induce them to undertake the prosecution of it with the King after some Days Deliberation the Clergy and Laity drew up their Reasons against it and delivered them to the King and Arch-Bishop in French and Latin The Reasons of the Great Men against the King Rationes [4] Ibid. Reasons of the Great men against the Kings undertaking an expedition into Sicily Magnatum contra Regem FIrst the Distance of that Kingdom from England Also the passage through the Territories of Potent men that were Enemies to the King Also the possession of and other places by the Enemy which were passes to other parts of the Kingdom Also the Confirmation of a Prince in the Kingdom Also his Confederation and Amity with the Natives and Neighbours Also the possession of almost all the Cities Castles and Fortresses against him Also the great Revenue of the Kingdom Also the great Charge the King had then been at and had received no advantage but rather loss Also the vast and necessary expenses yet to come for the payment of his Debts the Voyage thither and the obteining of the Kingdom for which all England sufficed not Also the Destruction and Impoverishing of the Kingdom of England by many and frequent Iters or Circuits of Justices and by Extorsions and many sorts of prises and other oppressions Also the small stock of Money the King and his Son were furnished with for this Attempt the Poverty of the Inhabitants of England both Clergy and Laity Also the Troubles of Gascony Ireland and Scotland Also the Incursions of the Welch Also the Diminution of the power of the Kingdom of England in Counsel Money and Men which was like to happen by Richard Earl of Cornwall's leaving of it Also the King of France and the Great men of Neighbour Nations especially such as heretofore had Lands in England would be incouraged to attempt upon it if for the Design of Sicily it was emptied of Men Arms Counsel and Money Also we will not nor do we agree That the King take upon him the Burthen of this Expedition lest it may seem he delivered himself into the Hands of his Enemies by our consent Neither can or will we undertake the Burthen of the said Affair with the King for the Reasons aforesaid and
spent commands Hostages and appoints what Tribute yearly Britain should pay to the Roman People and commands Cassibelin he should offer no wrong to Mandubrace or the Trinobantes then taking with him Hostages and a great number of Captives at twice Transports his Army at his return to Rome he Offers to Venus (x) His Mother or Genitrix to whom he Built a Temple for from Anchises and Venus he deduced his Stock and Original Genitrix a Surcoat or Corslet Imbroyder'd with British Pearl What this Pearl was Q. Tacit. de vita Agric. cap. 13.456 and Lipsius Notes upon him Ibid. After the Death of Julius by reason of the Civil Wars amongst the Romans and the Armes of the Chief Men being turned upon the Common-wealth Britain was for a while neglected and forgotten and Augustus for some time after he had obtained the Empire was content to be in Amity with the Britains and under the Name of Tribute to accept some small Trifles Yet afterwards he prepared for an Expedition hither pretending that the Tribute which Julius had Imposed was deteined Dio. lib. 53.512 The Britains hearing of it send their Ambassadors with their Submission and desire Pardon to whom upon a new Pact he granted a Conditional Peace Not long after the Britains not having performed their Conditions and failing in their Payment of Tribute Octavius Caesar Augustus Cunobelin Tiberius Nero Caesar he designed another attempt upon them and being set forward in his Voyage toward Britain was diverted by the Revolt of the Cantabrians and Asturians There was no farther undertaking against the Britains in all the time of this Emperor Ibidem 513. Cuno-belin then Govern'd the Trimobantes Ib. lib. 60.679 Cunobelin endeavors to Reform the Rudeness of the Britains whose Royal Seat was (y) Maldon in Essex Camolodunum he first began to Reform the Rudeness of the Britains and to Introduce some Civilities he had observed amongst the Romans and after their Custom caused his Image to be Stamped upon his (z) The Payments of the Britains were usually made in Pieces of Brass and Iron Rings and 't is very probable this Coyn Stamped by Cuno-belin Cam. Brit. 322. Caesar 's Com. B. 5.255 The Romans Exact Tribute in gold Cam. 70 The Romans Instruct their Hostages Tacit. de vitâ Agric. c. 21.459 Alford Britt Ann. f. 6. Suet. in Augusto c. ●9 196 was for Tribute only which the Romans exacted in Gold and Silver as may appear by the word Tasc on the other side which signifies Tribute or as we at this day call it Task or Taxe Coyn who as 't is said was brought up in the (a) It was the Custom of the Romans to instruct their Hostages and the Sons of Princes in Liberal Arts c. That they might afterwards be useful to them in the Administration of their Provinces c. Court of Augustus Tiberius succeeded Augustus who following his advice and example attempted nothing upon the Britains Camb. Brit. 62. Money 2. Tacit. as before and Lipsius Notes Some are of Opinion that the Gospel or Christian Profession was brought into Britain in the last year of this Emperor which was the 35 th of our ever Blessed Saviour and Two years after his Crucifixion grounding their Conjecture upon that noted place of Gildas where it is said Tempore ut scimus summo Tiberii Caesaris Christianity not in Britain in Tiberius Nero his time c. but seeing this was before the Dispersion of the Apostles and Disciples and also at a time when there had been little or no Warlike Atchievements or other Intercourse between this Nation Rome or other Eastern Countries since the Birth of Christ or at least his Planting the Gospel in Palestine Therefore this Assertion of Gildas may more probably be referred to the latter time of Tiberius Claudius Caesar whereof more in that place The next to him was Cajus Caligula who by reason of his Luxe Cajus Caligula Sueton. Calig c. 40. ●75 His Luxe and Impositions Dio. Book 59.656 The cause of his Expedition into Gallia and Britain and vast Profuseness imposed upon all sorts of Men and Things new and unheard of Tolls and Customs and Collected them by his Centurions and Tribunes having wasted and spent all the Mony in Italy and Rome where by any means it could be had and his Expences still urging him he intended an Expedition into Gallia Germany and Britain That under pretence of War he might spoil and harrass those Countries but speeding ill in Germany he ventur'd no further then those parts in Belgia over against Norfolk from whence having only received into his Protection (b) Matthew of Westminster and others call this Adminius the Eldest Son of Cuno-belin Guiderius and his Second Son Arviragus but the Latins and Greeks retein that Name and call the Second Togodumnus the Third Catarecus or Caractacus Adminius Sueton. Cal. c. 44.479 His boasting Letters to the Senate with a small number who being driven out of Britain by King Cuno-belin his Father fled unto him he sent boasting Letters to Rome as if the whole Island had been deliver'd to him charging the Messenger that his Letters should be carried in a Chariot to the Forum Ibid. c. 46.482 and not deliver'd to the Consuls but in a full Senate and in the (c) Augustus ordained that the Senate should consult of War and Triumphs in the Temple of Mars Temple of Mars Lastly having ordered his Army to be drawn up in Battalia as if they were presently to give the Onset he forthwith Commands them to gather Cockle-shells in their Helmets Tiberius Claudius Drusius 43 Years before Christ calling them Spoyls of the Ocean fit to be preserved in the Pallace and Capitol As a Mark of this Ridiculous Exploit which he termed a Victory He attempts nothing upon Britain but Commands his Army to gather Cockles Sueton. ●ud c. 17.526 he erected a very high (d) Arx Britannica Where Sueton. 482. Schild Notes Sueton. Calig 479. c. 44. Cam. Brit. 249 There 275. This is thought to be Arx Britannica the Ruines whereof are to be seen near the Middle Mouth of the River Rhene now Landed up about 2 Leagues from Leyden in Holland Tower by the Lights whereof in the Night Ships might be directed in their Courses Claudius with better Advice and Success then his Predecessor chose Britain not Attempted by any since Julius Caesar for his Province from whence he might acquire the Honor of a Noble and Just Triumph It being then in Mutiny and Tumultuating because the (e) Adminius the Eldest Son of Cunobelin and others who being Expelled Britain and Proscribed by his Father were received into Protection by Caligula then in Belgia Fugitives which were demanded were not render'd whereof one Bercius Dio. B. 60. f. 677. Aulus Plautius sent into Britain and some others much prevailed with Claudius to undertake this Expedition who sent Aulus Plautius a Roman
Paludes and from thence they annoyed and made Eruptions upon the Romans The old Germans retire into Woods and Bogs Lastly the English Saxons followed the practice of those in old Germany in holding their general Councils Conventions They held Councils as our English Saxons at Easter Whit-sunday and Christmas or Placita's at Christmas Easter and Whitsontide and that is the reason the old German Historians and Annalists as well as ours do constantly note in their Histories where their Kings or Emperors kept these Feasts because at those times were present also in Court all the Bishops and Temporal Nobility who were the only Body of such Councils Our Saxon and Danish Kings before the Conquest with the advice of the Clergy and Nobility in their great Councils and Conventions made divers Laws for the Government of the Church of England and regulating the Clergy And in them make Laws Ecclesiastick as well as Civil and directing them in their Offices and appointing what they should do and amongst all their Laws put out by Lambard there are some Ecclesiastical Laws to be found but more especially and the greatest number in Alfreds Edwards Edgar 's and Canute's Laws Some whereof are cited in the second part of this History And it appears by the antient Laws of the German people the Saxons Franc's English Burgundians Lombards c. and by the Capitularies of Charles the Great and Lewis his Son and by their antient Historians that the like usage and Custom was in old Germany and that theirs as well as our Princes called these Synods presided and determined in them or some Bishops by their appointment or permission in all things relating to the Order and Government of the National Church both there and here for ought that I could ever find although their Theological Articles and Opinions for the most part might be the same or not much different from the Doctrines of the general Christianity then received and practised Yet it cannot be denied but that the English Church received many things from the Roman by way of Commendation Advice and Direction as being that place from whence the Saxons in a great measure received their Conversion and Rome the most celebrious and famous place for the Profession of Christianity as it was then generally used and practised though from thence it received not in after-times the Ecclesiastical Laws and Rules made for the Government of it No Incroachments upon Regal Authority or Popes Legates here before the Conquest nor were the Pope's Incroachments upon Regal Authority or Usurpations and Exactions upon the Rights and Liberties of the Church and People or the Power and Authority of domineering Legates known here before the Conquest True it is that in the Saxons times before the Conquest at the request of Kings and other great Personages that Popes did confirm the Foundations Liberties and Priviledges of several Monasteries and strengthen them as the Founders in those ignorant Ages thought by their Benediction upon the Favorers and Anathema's upon the Infringers of them And these Applications to the Pope were no real Arguments of any just legal Authority he had in this Nation but only of the opinion men had in those times of and deference to the efficacy of his Blessings and Cursings Three Objections against that Assertion answered Against what is said there are three Instances which may be insisted on the first is of an Appeal to Rome by Wilfrid Bishop of York having been put from his Arch-bishoprick by Ecgfrid King of Northumberland and that he was restored by the Authority of Pope Agatho and being removed from his See the second time by King Alfrid Son of Ecgfrid he was restored by order and command of Pope John the Sixth This Story is related at large by [1.] Lib. 3. de gestis Pontif. fol. 147. b. n. 10. Malmesbury yet as he says it was but a Compendium of a larger written by one * See Actorum Benedictinorum Tom. 5. Edit Par. Per J. Mabillon Stephan a Priest but wanting an opportunity of perusing these Acts of the Benedictines shall relate the matter of fact from Bede who at the time of this Controversie was twenty years of Age and a Monk in the Monastery of Weremouth in the Bishoprick of Duresme but then and not long before in the Diocess of York who being a diligent observer of these things must give us the best account of this case The matter of Fact as 't is by him reported was this [2.] Bede Eccl. fol 443. Anno Dom. 680. Wilfrid put from his Bishoprick by Ecgfrid Wilfrid was forced from his Bishoprick by King Ecgfrid he appeals to Rome where in the presence of Pope Agatho and many Bishops by the judgment of them all he had been accused without fault and found worthy of his Bishoprick But at his return notwithstanding this Judgment he was [3.] Ibidem fol. 292. kept out of his Bishoprick by King Ecgfrid or as [4.] De gest pontif fol. 11● b. n. 50. Malmesbury hath it both by the resistance of Ecgfrid and Theodore Arch-bishop of Canterbury who was a Greek sent from Rome and made Arch-bishop by the Pope This Wilfrid had his Education mostly at Rome and in France [5.] Ibidem fol. 148. a. n. 30 from whence he returned into England with the French Elegancy or Fineness and the Roman Pomp. And the Lux Splendor and Pomp he lived in were his only [6.] Ibid. 149. a. n. 40. Crimes if we believe that Author and he says not plainly that he was thrust out of his Bishoprick but that King Ecgfrid and Arch-bishop Theodore He was not restored by the Pope taking notice of his pompous way of living Theodore thought the largeness of his Diocess and profits of it sufficient to maintain four Bishops and therefore he ordained two other Bishops for [7.] Ibidem fol. 111. b. n. he placed and displaced Bishops where he pleased in that Diocess and for this cause he appealed to Rome After the death of Ecgfrid [8.] Bed uti supra fol. 444. An. Dom. 686. in the second year of the Reign of (ſ) Alfrid began his Reign the first [3.] Floren. Wigorn. fol. 566. day of June Anno Dom. 685. when his Brother Ecgfrid was slain so that Wilfrid was restored to his Bishoprick Anno Domini 686. and to that of [4.] Ibidem Hagustald or Hexam in Northumberland only and put out again five years after Anno Domini 691. in the time of Pope Sergius who was created as [5.] Chron. Pontif. Rom. fol. 21. Onuphrius says December 17. 687. and died September 8. Anno Domini 701. to whom Pope John the Sixth succeeded 29 of October following and died the seventh of January Anno Domini 705. And if any Appeal was it must be to this John the Sixth above ten years after his last Expulsion by Alfrid which is scarce credible for probably he would not have had patience
to have staid so long Alfrid his Son Wilfrid received again his Bishoprick at the King's Invitation but after five years being accused by the King himself and very many Bishops But received again by King Alfrid And five years after removed again An. Dom. 685. he was again thrust out of his Bishoprick When also appealing to Rome he was by Pope John the Sixth and many Bishops judged in some things objected against him to have been falsly accused insomuch that the Pope wrote to Alfrid to restore him to his Bishoprick [9.] Ib. fol. 447. Alfrid contemns the Popes Letter c. who contemning the Message he brought refused to receive him yet after his death he was restored after some bandying and agitation of his cause [1.] Ibidem He was restored by a Synod after his death by a Synod called under his Son Osred [2.] Ibid. 446. A pretended Vision help'd much towards his Restitution A pretended Vision he had in his return out of Italy much help'd toward his Restitution in which he said Michael the Archangel appeared unto him in a great Fit of Sickness he had at Meldae now Meaux upon the River Marn ten Leagues from Paris and told him he should be recovered from death and also be restored to a great part of his Possessions which had been taken from him in England and end his life in peace This Vision he discovered to his great Confident and Companion to Rome Acca a Priest who without doubt made the best advantage of it in those credulous times There accompanies this Story of Wilfrid in Spelman's Councils Tom. 1. fol. 163. and Labbe's Councils Tom. 6. col 576. taken from the former The Priviledge of the Abbey of Medehamsted alias Peterburgh a Priviledge granted by Pope Agatho to the Abby of Medeshamstede now Peterburgh wherein 't is said in the person of Agatho and as a Constitution of his that the Abbat of that Monastery should be the Legate of the Roman See through all England and that such as had made a vow of Pilgrimage to Rome and were hindred by Sickness or by any other impediment or necessary cause if they came hither they might receive the same Absolution and Remission which they should have received at Rome This Priviledge Sir Henry Spelman had out of a Saxon M. S. belonging sometimes to that Abby which he hath translated The Priviledge in the Saxon Tongue and says he never saw the Latin Original But now that is extant in Dugdale's [6.] Vol. 1. fol. 66. And in Latin Monasticon and doth no way agree with the Saxon Priviledge in this 't is only said that the Bishop of the Diocess should not have any Prelatical Power over this Monastery nor the Abbat thereof but should use and respect him as if he were a Roman Legate his Fellow-minister of the Gospel and his Companion not his Subject That all People of Brittain and other near Nations who being hindred by the length of the Journey or other necessary cause might visit St. Peter here as effectually as at Rome his own City where they might pay their Vows Hence its name of Peterburgh have Absolution from their Sins and receive Apostolical Benediction c. Both these Priviledges though very much different in Form Matter and their Attestations or Witnessing yet they bear date the same year [7.] Ibid. fol. 67 col 2. Spelm. Concil Tom. 1. fol. 266. One of them false Both suspected viz. 680. and are both said to be sent by [7.] Ibid. fol. 67 col 2. Spelm. Concil Tom. 1. fol. 266. One of them false Both suspected Archbishop Wilfrid from Rome so that one of them must be false and without doubt 't is that in the Saxon Tongue is the Counterfeit seeing the other from Rome was in Latin and therefore most probable to be the Original or probably they might both be false for the Monks had an excellent Art in making Bulls Priviledges and Charts for advancing the Credit Reputation and Interest of their Monasteries as appears by the Controversie between the [8.] Gervas Dorob col ●458 Archbishop and the Monks of St. Augustin's in Canterbury Anno Domini 1181. near five hundred years since in which Controversie they produced two Schedules or Charts before the Bishop of Durham and Abbat of St. Albans the one said to be the Priviledge of King Ethelbert the other of Augustin their first Archbishop of Canterbury both which for the reasons there alledged were suspected not to be what they pretended they were and therefore not allowed But if true they prove not a Popes Legate here before the Conquest But suppose the Latin Priviledge to be true it makes nothing to confirm the opinion that this Abbat was the Pope's Legate formerly and with that Power and Grandeur constituted they have been for many years past and of late days for we read not in any History that the Abbats of this place ever exercised any Legantine Power or Authority and therefore Legate here must signifie an ordinary Messenger Minister Commissary Deputy or Official as it did most frequently in those elder times so that when it is said in the Latin Priviledge the Bishop was to respect the Abbat as a Roman Legate there is no more meant Legate anciently signified only a Commissary Official or ordinary Minister than as the Pope's Commissary Official or Minister to give in his stead Papal Absolution and Benediction to such as had made Vows for Pilgrimages to Rome and from hence no doubt the Pope had a considerable Income or Composition The other two Instances follow the first Anno Domini 905. in the Fifth year of King Edward the elder Son of Alfrid He received a chiding Letter from Pope Formosus Malmsb. de gest Regum fol. 26. n. 30 40. Monast Angl. vol. 1. fol. 220. col 2. fol. 221 col 1. A pretended Letter from Pope Formosus commanding him and all his by threatning and affrighting them with his Malediction if there were not Bishops appointed in all places where they had been before whereupon the King called a Synod in which Phlegemond Archbishop of Canterbury presided in this Council were made seven Bishopricks where before there were but two This Synod ended the Archbishop goes to Rome with the News which was very acceptable to the Pope and at his return ordained or consecrated those seven Bishops in one day which before in the Synod had been nominated or elected amongst whom was Edulfe Bishop of Crediton in Devon-shire which Bishoprick afterward Edward the Confessor gave to Leofric his Capellan Anno Domini 1046. who as was believed moved with Divine Inspiration cast about how he might procure the See to be removed from Crediton to Excester and because he thought it could not be done without the Authority of the Roman Church he sent Lambert his Priest or Capellan to sollicit this Affair with the most Holy Pope Leo and he most willingly
Hearing this Cause between the King and Anselm The King sends two Messengers to Rome to know which Pope was Canonically Instituted And to Treat with him about sending the Pall to the King the King sent two of his Chaplains Gerard and William to Rome to enquire of the State of that Church and which of the Popes was Canonically Instituted and that being known they had in Command to Treat with the Pope and to tempt him with great Promises that he might send to the King the Arch-Bishops Pall that so having expelled Anselm from his Arch-Bishoprick and also out of the Kingdom might dispose of it to whom he pleased [6.] Ibidem When these Messengers returned Walter Arch-Bishop of Albano a City fourteen Miles from Rome came with them and brought the Pall privately [7.] Ibidem n. 40 50. The Pall is brought to the King passing by Canterbury silently avoided Anselm and hastned to the King saying nothing of the Pall he brought to any one as the King had commanded not willing to have his Design discovered Nither did he Mediate with the King to have any thing of his Severity as it was then thought by many of the Nobility and Clergy against Anselm mitigated [8.] Ibid. fol. 33. lin 3. c. With this Artifice and his Crafty Management he brought the King into so good an opinion of Vrban that he believed he would not have any Controversie with him about any matter whatever if he should receive him as Pope and declare him to be so in his Kingdom The King acknowledged Vrban Pope But could not perswade him to Depose Anselm which he did accordingly and laboured with the Bishop by all possible means that by the Popes Authority backed with Regal Power he would Depose Anselm but could not prevail [9.] Ibidem n. 10. by which he perceived he had gained nothing by acknowledging Vrban for Pope [1.] Ibidem n. 20. The day being at hand to which the Debate at Rockingham was Adjourned Anselm was Commanded to be at a Town of his own nigh Windsor where the King kept the Feast of Pentecost that there might be a more ready Intercourse between them Most of the Bishops repaired to him and moved him by Money to reconcile himself to the King but being inflexible he only desired safe Conduct of the King to Sea and then when he understood what he had to do he would do [2.] Ibidem n. 50. The Great Men perswade the King to receive Anselm into savour Notwithstanding all this the King by the Advice of his great Men laying aside what was past received Anselm into favour And as Spiritual Father of the Kingdom and Bishop of Canterbury granted that he might exercise his Office through England This pleased Anselm [3.] Ibidem fol. 34. lin 7. He refuseth to receive the Pall from the King but when he was to receive the Pall some perswaded him that for continuance of the Kings favour and saving his Honour he would receive it from the hands of the King He refused saying the gift of it belonged not to him but to the singular Authority of St. Peter [4.] Ibidem n. 10 20 30. It was then ordered that he which brought it into England should lay it upon the Altar of the Saviour and thence Anselm should take it as from the hand of St. Peter which being brought in a Silver Box with great Pomp accompanied with a vast number of Clergy and Laity he came bare Foot in his Priestly Vestments to meet it and then being laid upon the Altar took it from thence which was humbly kissed of all for the Reverence they bare to St. Peter and the Arch-Bishop putting it on presently Celebrated Mass About this time [5.] Append. n. 16. Murchertach King of Ireland and many Irish Bishops and Nobility An Irish King and the People of Waterford Request Anselm to Consecrate the Elect of Waterford An. Do. 1096. with the Clergy and People of Waterford requested Anselm to Consecrate Malchus a Monk belonging to Walkelin Bishop of Winchester whom they had chosen to be their Bishop which he did at Canterbury with the Assistance of Ralph Bishop of Chichester and Gudulph Bishop of Rochester [6.] Eadm fol. 37. n. 10 20 30 40 50. The King marcheth into Wales Anselm se●ds raw Soldiers to the Kings assistance He is summoned to the Kings Court. Refuseth to appear The King denies him leave to go to the Pope The next year the King marched into Wales to suppress an Insurrection there and returning Victorious he charged Anselm with the small number rawness and ill appointment of the Soldiers he sent to that Service and therefore commanded him to appear when he should be called and do him right according to the judgment of his Court Which he declined and thought it better to apply himself to the Authority and Judgment of the Pope in this matter and therefore in the Feast of Pentecost he went to Court and by some great Men about the King which were his Friends he asked leave of him to go to Rome which the King denied In [7.] Ibid. fol. 38. lin 6. Anselm presseth the King for leave to go to Rome the Month of August following the King considering the State of the Kingdom by his Precept Convened the Bishops Abbats and all the great Men of the Nation who having dispatched the Business they were called together for while every one hasted to return home Anselm stayed and pressed the King for leave to pass to Rome The King denied him the second time [8.] Ibidem n. 20. The King denies it and threatens to seize his Arch-Bishoprick yet he still urged the King who then said if he went he would seize his Arch-Bishoprick and would not acknowledge him Arch-Bishop But he persisted and being told [9.] Ibidem fol. 39. n. 20. by several Bishops and some Barons he had promised the King to observe his Usages and Laws and to defend them against all Men [1.] Ibidem n. 40. Answered He had promised to observe neither but so far as they were agreeable to the Laws of God and to the Rules of Equity and Right and pronounced that Custom by which he was prohibited to go to the Pope for his Souls health and to Advise with him about the Government of the Church of God [2.] Ibid. fol. 40. lin 5. Anselm declares the Custom by which he was prophibited to go to the Pope to be against the Word of God was against the Laws of God and Rules of Equity and therefore ought to be despised by every Servant of God [3.] Ibidem n. 50. and then told the King plainly he would go [4.] Ibid. fol. 41. lin 8. This Contest happened the Fifteenth of October 1097. on which day [5.] Ibidem n. 10. Anselm goes beyond Sea without the Kings leave Anselm went towards Canterbury and so on to Dover where he lay fifteen days for a
Wind and when he and his Retinue were ready to take Ship [6.] Ibidem n. 20. 3● His Arch-Bishoprick is seized their Bags and Sachells were all searched by William Warlewast who was sent from the King with order to do it and presently after he was gone his Arch-Bishoprick and all that belonged to him was seized to the Kings use Anselm coming to Lyons in France sent an Epistle [7.] In Append. n. 17. Anselms Complaints to the Pope concerning the Kings usage of him and of the Church Lands to the Pope setting forth his Grievances and Complainings of the King that he gave the Lands of the Arch Bishoprick which he held in his hands after the death of Lanfranc to his Knights or Soldiers and did not restore them to him as Lanfranc held them that he exacted grievous Services from him such as his Predecessors knew not and such as he could not nor ought not to bear and that he overturned the Laws of God and Canonical Apostolick Authorities with his voluntary Customs and would not give him leave to come to his Fatherhood to seek Redress or ask Advice what he should do c. When [8.] Eadm fol. 45. n. 20. The Pope writes to King William and Commands him to restore to Anselm what was taken from him he came to Rome and was decently received by the Pope he was asked the cause of his coming thither which he rehearsed in the same order he had wrote it in his Epistle The Pope promiseth him Relief and wrote Letters to King William in which he Moved Exhorted and Commanded him to restore to Anselm what he ought to have and what was taken from him To the same purpose Anselm wrote to the King and sent his Letters with the Popes [9.] Ib. f. 48. n. 20 30 c. Anselm seems weary of his Dignity The Pope chargeth him by vertue of his Obedience to keep it Before the return of the Messenger that carried these Letters he made a great Complaint and seemed weary of his Dignity in England and desired of the Pope to be discharged of it but the Pope would not consent charging him by vertue of his Obedience that wherever he were he should bear both the Name and Honour of the Arch-Bishop of Canterbury [1.] Ibidem fol. 49. lin 4. And threatens to smite the King with St. Peters Sword An. Do. 1098. And for the King of England said he and others like him which have erected themselves against the Liberty of the Church We shall Censure and smite them with St. Peters Sword in the next Council which I have appointed at Bar on the First of October where you shall be present [2.] Ibidem fol. 50. n. 10. In the Council of Bar it was Decreed the King should be Excommunicated In this Council it was Decreed that King William should be Excommunicated and Anathematized which Anselm hearing fell down upon his Knees before the Pope and with much difficulty obtained the Revocation of that Sentence This [3.] Ibidem fol. 51. n. 40. Council being ended the Pope with Anselm departed to Rome where they found the Messenger that carried the Letters to King William who told them that with much ado he received the Popes Letters but would by no means receive Anselms and perceiving the Messenger to be a Retainer to Anselm he Sware by Gods Face that if presently he did not depart the Kingdom he should have his Eyes pulled out The King unwilling to return an Answer by this Messenger [4.] Ibidem n. 50 The King sent William Warlewast to answer for him to the Pope sent William Warlewast to Answer for him to the Pope who declared unto him That his Master the King wondred not a little why he should so much urge the Restitution of Anselm seeing it was expressly told him that if he departed out of England without Licence the King would seize his whole Arch-Bishoprick [5.] Ibidem fol. 52. lin 1. The Pope asked whether there was any thing else against Anselm than that he had appealed to the Apostolick See and came thither without his Kings leave He answered No. Wonderful said the Pope The Pope again threatens to Excommunicate the King Have you come thus far to tell me this Return and that quickly and command your King on the behalf of St. Peter that if he will not be Excommunicate he restore Anselm wholly to all things and let me know his Resolution before the next Council which shall be in the third week after Easter in this City Otherwise let him certainly know he shall in that Council receive such Sentence of * Damnationis Sententiae Condemnation as he deserves [6.] Ibidem n. 10. Hereupon the Kings Agent William said he had private Instructions to impart to him and remained many days in Rome in which time he so well managed this Affair [7.] Ibidem Watlewast by Gifts procures the Censure of the King to be deserred that with Gifts and Promises he procured many to favour his Cause and so altered the Popes mind that to the satisfaction of his Master the prosecution of this Cause was deferred until Michaelmass following it being then the time of the Solemnity of Christs Nativity In the third week after Easter An. Do. 1099. A Council at Rome the Pope as he had appointed held a Council at Rome in which [8.] Ibidem n. 40 50. though Anselms Cause was propounded and vehemently urged yet nothing was done in it particularly to the advantage of Anselm yet after he made great use of [9.] Ib. f. 53. n. 10 20. A Decree against receiving Investitures from Lay-Men a general Decree That as well all Lay-Persons that should give Investiture of Churches as those that received them also all those who should do Homage and vield themselves in subjection to Lay-Men for Ecclesiastical Livings should be Excommunicate Eadmer who accompanied Anselm in all his Travels [1.] Ibidem says he was present in this Council and saw and heard this Decree passed and confirmed The Council then ending [2.] Ibidem n. 30. Anselm goes from Rome and fixeth himself at Lyons the day following Anselm receiving no Assistance nor Relief from the Pope with his Licence departed from Rome to Lions and there fixed his Habitation without all hope of returning to England while William was King where he remained until the death of Pope [3.] Ibid. fol. 54. lin 2. Vrban which happened * Onuph Chr. Pont. Roman the Thirtieth of July 1099. before the time King Williams Answer was expected and afterwards until the death of the King Eadmer first of all Historians from common fame [4.] Fol. 46. n. 50. fol. 47. lin 1. n. 10. King William Rufus accused of Judaizing writes That the Jews at Rouen applied themselves to William and by Money prevailed with him to compel the Christian Proselites to return again to Judaism and more particularly that the Father
banished the Kingdom Concerning these Matters Anselm seeks for Judgment and Justice from the King and urged him with repeated Prayers and Complaints but could not move him About the [8.] Ibidem n. 40 50. middle of Lent following the King came to Canterbury pretending to go forward to Dover to meet the Earl of Flanders He staid three days there and by his Friends let the Arch-Bishop know A wrangling Intercourse between the King and Arch-Bishop that he had almost outworn his patience and that if he still derogated any thing from the Customs of his Father he should be forced to use severity against him [9.] Ibid. fol. 70. n. 10 20. He said the Messengers were come back which he had sent to Rome to know whether the Verbal Relation the Bishops brought from thence were true and had brought with them Letters that would declare the truth and would have had the Letters perused to see whether there could any thing be found in them that did give him leave to submit to the Kings Will who replied he would not induce these delays and pressed for a final Resolution from him asking what the Pope had to do with his business The Arch-Bishop re-joyned that to save his Head he would not consent to the use of any thing he had heard prohibited in the Roman Council unless it were revoked by the same Authority After much wrangling Intercourse between the King and Arch-Bishop he requests him to go to Rome himself and by his own industry endeavour to do that which others could not lest losing the Rights of his Ancestors he should be less esteemed than they were Anselm desires his Resolution herein might be respited until Easter that hearing the Advice of the Bishops and prime Men of the Kingdom which were not then present he might give his Answer accordingly At Easter he comes to Court An. Do. 1103. and consults the Nobility of the Kingdom in this business and it was the unanimous Advice of the Council that it was not fit for him in a matter of that weight to refuse the labour and hazard of the Journey He pursued their Advice and prepared for his Journey and when he came to the Abby of Bec in Normandy he opened the Popes last mentioned Letters to him which [1.] Append. n. 21. contradicted what the Bishops had said and were in all points answerable to his expectations By [2.] Eadm fol. 72. n. 10 20 30. Whitsuntide he was gotten no farther than Chartres where Ivo Bishop of that place and other Friends perswaded him to defer his Journey into Italy until the great heat of the Season was somewhat over He took their Advice and returned to Bec where he staid until the middle of August and then went again to Chartres where he was rceived by the great Men of the Countries adjoining with high Respect and Honour and presented with Gifts more than he would receive While he thus loytered in his Journey [3.] Ibidem n. 40. The King sends William Warlewast his Sollicitor to Rom● the King sent William Warlewast who had formerly sollicited his Brother Rufus his Cause at Rome against Anselm who was there some days before him and endeavoured with all his Art and Industry to procure to King H●nry the confirmation of all his Fathers and Brothers Customs and Usages by Authority of the Apostol●ck See [4.] Ibidem fol. 73. n. 10 20 30 40. He demands the permission of his Fathers and Brothers Customs and Usages They are denied especially the Investiture of Churches He obtained the favour of many of the Romans and the Pope and Anselm being both silent while the Controversie was in agitation thought nothing could be denied him said before the Auditors that whatever was discoursed there he would have every one know that his Master the King would part with his Kingdom before he would lose the Investiture of Churches To whom the Pope replied If it be so neither will Paschal permit him to have them though it were to save his Head Yet he granted to the King some of his Fathers Usages prohibiting the Investitures of Churches and for a while respiting the Sentence of Excommunication his Predecessor had formed against him keeping all such under the Bonds of it that had either received or should receive Investitures from him for the preservation of rigorous Discipline Thus was the Kings Cause determined at Rome and the satisfaction such as were invested should give was left to the Censure of Anselm After this determination he sent away Anselm with his Blessing and [5.] Append. n. 22. The Pope confirms the Primacy of Canterbury Epistle that confirmed to him all the Primacy of the Church of Canterbury as fully as any of his Predecessors ever enjoyed it Warlewast [6.] Ibidem f. 74. n. 10 20. Warlewast brought from the Pope only wheadling Letters stayed at Rome after the Arch-Bishops departure pretending other business but indeed to try if the Pope might be wrought upon in his absence but could not move him from his Resolution All he brought back were wheadling perswasory Letters [7.] Append. n. 23. to the King to draw him to a compliance [8.] Eadm in vitâ Anselm lib. 2. fol. 82. Col. 1573. Anselm and William met at Placentia in Italy and proceeding to Lions in France William left his company [9.] Ibidem William Warlewast forbids Anselm to return into England unless c. forbidding him in the King his Masters Name to return into England unless he would certainly promise that laying aside all obedience and subjection to the Apostolick See the King might possess all the Customs of his Father and Brother Anselm staid at [1.] Ead. Hist Nov. f. 75. n. 30. Anselm gives the King an account what he did at Rome Lions where he was mightily caressed by the Arch-Bishop and his Clergy from whence he sent a Messenger with Letters to the King in which he gave him an account what had been done at Rome and what Command he had received from his Commissioner William in which he wrote that [2.] Append. n. 24. the Pope would not depart from the Decrees of his Antecessors and also commanded him that he should have no Communion with such as had been Invested by him or such as Consecrated any Persons so Invested and further that he had received his Command by William not to enter into England unless he resolved to do what his Predecessor had done with his Father And says he could not use such Compliance because he could not do him Homage nor Communicate with such as received Investitures from him by reason of the prohibition he had heard in the Council made against them When [3.] Ead. Hist f. 76. n. 30 40 50. The King owns the prohibition of Anselm to return into England Warlewast returned and informed the King what he must trust to he forthwith Commanded the Arch-Bishoprick to be seized to his own use and after
received from the vacant Churches in the Time of his Chancellorship The King demands security and that he would stand to the Judgment of his Court. and stand to the Judgment of his Court in that matter The Arch-Bishop answered by the Bishops That if he was not hindred by Sickness he would on the Morrow come to the Court and do what he ought He came [1] Ib. p. 26. Col. 1.2 p. 27. Col. 1.2 He comes to Court and sits in an outward Room while the other Bishops Earls and Barons are admitted to the Kings presence next day and found the King in an inward Chamber with the Bishops who staid with him a long time and with them Roger Arch-Bishop of York who came last that he might not be suspected to be one of the Kings private Counsellors and Advisers The Arch-Bishop sat in an outward Room with his Cross in his own hand while all his Suffragans and the Earls and Barons were called to the King The [2] Ib. p. 27. Col. 2. p. 28. Col. 1.2 The Bishops tell the King he disliked the Judgment and had Appealed to the Pope Bishops in this Conference told the King that the Arch-Bishop when he advised with them told them they had used him very ill and with the Barons treated him as an Enemie and not judged him justly but after an unheard of manner because for one absence pro una absentia quam supersisam dicunt which they call a Delay or Defalt and was not to be judged a Contumacy they ought not to have Condemned him in such a pecuniary mulct as that he should forfeit all his moveable goods to the King or they should be in his Mercy The Bishops also told him that he had appealed to the Pope against this Sentence and by the Authority of the Pope forbidden them for the future to Judge him in any Secular Accusation The King was very much [3] Ibid. The King much moved at his Appeal moved at this Relation and sent the Earls and many Barons to know of him whether he was the Author of this Appeal and prohibition especially seeing he was his Leige-man and bound to him by a Common and special Oath at Clarendon That he would sincerely and Legally observe his Legal Dignity 's amongst which this was one That the Bishops should be present at all his Trials or Sentences except at Sentences of Blood Vt Episcopi omnibus ejus assint Iudiciis preterquam Iudicio Sanguinis They [4] Ibid. He is required to give pleges to stand to the order of the Kings Court. were also to know of him whether he would give Pleges to stand to the Judgment of the Kings Court concerning the Account of his Chancellorship To which [5] Ib. p. 29. Col. 1.2 The Arch-Bishops Answer to the Information of the Bishops Demands this was his Answer That he was indeed bound to the King by Leige-Homage Fidelity and Oath but the Oath was Chiefly Sacerdotal That in Respect of God he was in all Due Obedience and Subjection obliged to observe honor and Fidelity toward him Saving his Obedience to God his Ecclesiastical Dignity and the Episcopal Honor of his person That he Declined the Suit because he was not cited to yeild an Account upon any other Cause than that of John neither was he bound to make Answer or hear Judgment in any other He confessed he had received many Administrations and Dignities from the King in which he had faithfully served him as well in England as beyond Sea and had spent his own Revenue in his Service and for the same contracted many Debts [6] Ib. p. 30. Col. 1. As to his putting in Pleges or Fidejussors to render an Account he ought not to be compelled to that because he was not adjudged to do it nor had he any Citation in the cause of Account or any other except that of John the Marshal And as to the Prohibition he that day made to the Bishops and Appeal he did acknowledge That he said to his fellow-Bishops That for one Absence but not Contumacy they had unjustly condemned him contrary to the Custom and Example of Antiquity He Appeals and puts his Church and person under the Protection of the Pope wherefore he Appealed and forbad them That depending the Appeal they should not Judge him in a Secular accusation or cause of things done before he was Arch-Bishop And that he did then Appeal and put his Person and the Church of Canterbury under the Protection of God and the Lord the Pope The King [7] Ib. C. 2. The Bishops fear the Arch-Bishops Prohibition having received this Answer urged the Bishops by the Homage they had done and the Fealty they had Sworn to him that together with the Barons They would Dictate to him a Sentence concerning the Arch-Bishop Vt simul cum Baronibus de Archiepiscopo sibi dictent Sententiam They began to excuse themselves by reason of his Prohibition the King was not satisfyed and said this his simple Prohibition ought not to hold against what was done and Sworn at Clarendon They reply if they should not obey his Prohibition he would Censure them and that for the Good of the King and Kingdom they should obey the Prohibition At length by the Kings perswasion they went to the Arch-Bishop And the Bishop of Chichester [8] Ib. p. 31. Col. 1. The Bishop of Chichester puts him in mind what they promised at Clarendon and by his command In the word of Truth in good faith and without Deceit Lawfully told him that lately at Clarendon they were by the King called together concerning the Observation of his Royal Dignities and lest they might doubt what they were he shewed them those very Royal Customs of which he spake in Writing and that they promised their assent to and Observation of them He first and afterwards his Suffragans by his Command And when the King pressed them to Swear to what they promised and set to their Seals for the Confirmation of it They answered it ought to suffice for a Sacerdotal Oath That they said in the Word of Truth in good Faith without Deceit and Lawfully they would observe them Why do you now forbid us to be present at that Sentence which he Commands us Upon this Grievance and lest you may adde any thing to our injury we will Appeal to the Pope and for this time give obedience to your Prohibition The Arch-Bishop Answered him he would be present at the Prosecution of the Appeal [9] Ibidem Col. 2. He answers those words Oblige not against the true faith of the Church and the Laws of God and that there was nothing done at Clarendon by them or him nisi salvo honore Ecclesiastico in which their Ecclesiastic honor was not saved 'T was true he said that they promised in good faith without Deceit and lawfully to observe those Determinations and by those words the Dignities of their
for the favour of man thou shouldest keep silent concerning the honor of God I Repent father Pardon me I beseech you and absolve me from this fault from this hour I offer you my self and my Kingdom He raised the King and absolved him Within a few dayes it was [5] Ibid. Col. 1407. lin 1. The Design of the King of France his hypocrisie told the King of France that the King of England had broken all the Covenants he had made with the Poictovins and Britans in the Treaty at Mount-Mirall by his Mediation whereupon he magnifyed Thomas for what he had told him concerning the King of England who sent to him [6] Ib. N. 10. to let him Know that he much wondred he should keep the Arch-Bishop in his Country who had so Contumaciously refused the Peace offered unto him The King of France bad his Envoyes tell their Master That seeing he stood so much upon Customes which he called ancient he would not abate any thing of the ancient liberty of the Kings of France which was to Relieve all Banished persons Especially Ecclesiastics Now was the time of the Arch-Bishops thundering out his Excommunications and urging the Pope to interdict the Kingdom The Kings of [7] Ibid. Col. 1408. N. 10. The King of France Mediates Peace England and France met again at the Mont of Martyrs apud Montem Martyrum and amongst other things Discoursed of restoring the Arch-Bishop King Henry granted the Arch-Bishop should return in peace and with security and injoy his Bishopric with the same liberty it could be made appear any of his Predecessors injoyed it and promised to give 1000 marks toward the expences of his Return He Demanded 30000 and said unless he restored what he had taken away his sin could not be remitted [8] Ib. N. 20 30 40. All things were agreed But the King of France and the great men of both Kingdoms perswaded him to Quit his Demands When all things were agreed The Arch-Bishop by the Popes Command required Caution for the Confirmation of the Peace when every one said a Caution was not to be Exacted and that the Kiss of Peace The King of England excuseth his not giving the Kisse of Peace to the Arch-Bishop osculum pacis sufficed which was intimated by 〈◊〉 King of France to the King of England he said he would willingly do it because in his anger he had publicly sworn he would never Kiss the Arch-Bishop although he should make Peace with him and receive him into favor And yet notwithstanding that he would not retein any Rancor or Malice against him The King of [9] Ibidem He would not accept the Peace without the Kiss France and other Mediators suspecting Poyson in the fair words of the King reported them as they were to the Arch-Bishop neither persuading one thing or other The Arch-Bishop would not accept the Peace without the Kisse and so all parties went their several ways without finishing of the Peace and the King of France sent his Letters and Messengers with those of Thomas to the Pope beseeching he would make no longer delay in the Sentence against him [1] Ibidem n. 50 60. The King of France and Arch-Bishop of Sens excite the Pope against King Henry And the Bishop of Sens went in person to prevail with the Pope to Interdict England unless Peace was restored to the Church Whereof King Henry having notice sent into England a severe Edict or Precept [2] Append. n. 54. against bringing into it any Letters or Mandates from the Pope or Arch-Bishop relating to an Interdict making all both old and young swear to the [3] Chron. Gervas ut supra n. 60. observation of every Article On the [4] Ibidem Col. 1410. l. 5. A. D. 1170. These old Monks began the year at Christmass third of March A. D. 1170. King Henry landed in England The Pope hearing of his Passage thither lost the Church might any longer suffer wrong he renewed his Mandate [5] Ibidem n. 10. The Pope sends the Arch-Bishop of Rouen and Bishop of Nevers into England That if the King submitted not to Interdict his Nation to the Arch-Bishop of Rouen and Lord-Bishop of ●evers commanding them if it were needful to pass over into England and admonish the King of Peace which Epistle or Mandate is to be found in the 5 th Book of Quadrilogus and in the Appendix n. 57. By it they were injoyned by virtue of their Obedience within Twenty days after the receit thereof to hasten to the King And if he would not make full Restitution of his Possessions to the Arch-Bishop and others and also Kiss him or if he used any Art or Shuffling then they were by St. Peters Authority and his to pronounce the Sentence of Interdict without contradiction of Appeal against England and they were to prohibit the celebration of all Divine Offices except the Baptisme of Infants and Pennance to dying People And if the Arch-Bishops and Bishops did not observe the Edict and cause those under their care to observe it They were to suspend them and upon neglect afterwards to Excommunicate them It bears Date the 10 th of May. About the middle of [7] Ibidem Col. 1411. n. 60. By Letters they acquaint the King with the Popes Command He stays them beyond Sea and promiseth to come over to them and make peace June being ready for their Journey the King received Letters from them in which they acquaint him with the command they had from the Pope he wrote back to them not to expose themselves to the danger of the Sea promising he would suddenly be with them and consent to a Peace with the Arch-Bishop by their Advice Hoveden [8] f. 295. a. n. 10.20 King Henry feared an Interdict and Appeals to the Pope for himself and Kingdom says in the year of Grace 1169. King Henry fearing lest Thomas shoul pronounce sentence of Excommunication against his Person and of Inderdict against his Kingdom Appealed for himself and Kingdom to the presence of the Pope and sent Messengers to Request him to send one or two Legats to hear the Cause between him and the Arch-Bishop and to determin it to the honor of God and Holy Church and that in the mean time such as were Excommunicated might be Absolved The [9] Append. n. ●5 The Popes Answer to him Pope wrote back to him That he had Received his Messengers Iohn Cumin and Ralph de Tamworth and promiseth he would send Legats with full Power to hear and determin the Cause and declared That if in the mean time the Arch-Bishop should denounce any Sentence against him In which he makes him kind promises That were to be kept secret or his Kingdom or any persons thereof it should be void and then desired him to make these Letters a great secret and not to shew or let any one Know of them but in great necessity and promiseth that his
Elias Arch-Bishop of Burdeaux William B●shop of Poictiers and Henry Bishop of Sainctes for that they were related in the third degree of Consanguinity Being thus divorced by the advice of his Lord Philip King of France He is Married to Isabell Daughter to the Earl of Engolesme he Married Isabell the Daughter of Aymer Earl of Engolesme whom he had first given by the request and direction of King Richard to Hugh le Brun Earl of Marche they had promised one another and were betrothed but because she was not of years of Marriage Earl Hugh would not Marry her in the face of the Church and her Father perceiving King Iohn had an affection for her he took her from Earl Hugh and gave her to him and they were Married at Engolesme by the Arch-Bishop of Burdeaux The same year [3] Ibid. f. 458. a. l. 5. c. A. D. 1200. the Earl of St. Giles doth Homage to King John the Earl of St. Giles did Homage to King Iohn for the Lands and Castles which King Richard had given him in Marriage with his Sister Ioan so as his Son Raymund by her should have them and do Homage to his Vncle Iohn when he came to years of Discretion and if he should decease without Issue then they were to revert to the Earl of St. Giles and he and his Heirs should hold them by Hereditary Right of the Earl of Poictou by the service of coming with 500 Knights or Horsemen to him for one Moneth at his own charge whenever he went with his Army into Gascony but if he staid longer they were to remain at the charge of the Earl of Poictou From [4] Ibid. n 10. thence King Iohn went to Anger 's and took One hundred and fifty Pleges or Hostages for their Fidelity and put them in Custody and the same year King Iohn took of [5] Ibid. n. 20. Walter Arch-Bishop of Roven * i. e. 200 l. English 600 pounds of Anjou Money to confirm by his Chart all those things which King Richard had given him in Exchange for Andeli to wit The Town of Diepe with its Apertinences and Lovers with its Apertinences the Forest or Wood of Aliersmont and the Mills of Robech The Pope sent Cardinal [6] Ibid. f. 461. n. 1. Octavian Legat into France to hear and determine the Cause of Divorce between the King of France and his Queen Botilda as Hoveden calls her The French Writers name her * Happily she might have two and both these Names du Serres calls her Gelberge Rigord calls her Ysamburg Isemberg with this direction That first before he heard the Cause he should compell him to put away his German Adulteress and receive Botilda or Isemberg and treat her like his Wife ut ipse imprimis ante Ingressum litis compelleret Regem Franciae dimittere Adulteram suam Teutonicam c. On the Vigil of the Nativity of the Virgin Mary or 7 th of September the Cardinal the Arch-Bishops Bishops and Clergy of France met at Nibell and the King of France with his Queen and Teutonick Lady came thither and by the admonition of the Cardinal and advice of his Friends he dismissed her and received again his Queen King Philip receives his Queen again and then made his complaint That she ought not of right to be his Wife for they were near related in Consanguinity and affirmed he could prove it to be so and required they might be divorced The Cardinal gave him the time of six Months six Weeks six Days and six Hours to consider of it and appointed the place of Hearing the Cause at Soissons according to the Queens desire * Ibid. n. 20. The Interdict released France by procurement of the King of Denmark was under an Interdict for the Kings Repudiating his Queen which so soon as he received her again was released by the Cardinal In the middle of [7] Ibid. f. 462. b. n. 20.30 c. King Philip demanded to be Divorced Lent next following Philip and his Queen met again before the Legat at Soissons and the King by his Lawyers demanded to be Divorced for the reason before-mentioned On the Queens behalf there were present several Bishops and other honest and discreet Men Et alii honesti viri disereti sent from her Brother Cnute King of Denmark who after Security given them that they might freely answer allege and safely return home they said the King of France had sent to the King of Denmark to desire his Beautiful Sister in Marriage and that she might be sent to him which by advice of the Great Men of his Kingdom was done That the Messengers which came for her did Swear on behalf of the king and for themselves That she should be honorably used as a Queen and of this they could produce his Chart and the Charts of the Great Men that came for her and therefore Appealed them of Perjury and breach of Faith before the Pope They also Appealed from Cardinal Octavian the Judge to the Pope for that he was related to the King of France and would favour his Cause and the Queen likewise Appealed which when Octavian had heard he desired them to stay a while until his Collegue came that was joyned in Commission with him from the Pope and he should hear and determine the Matter after three days he came and did hear it and found no cause of a Divorce between them of which the King of France having notice He could not obtain it and that he would give a definitive Sentence against him he departed before he had pronounced it and carried his Queen with him and put her into more streight Custody than before In the [8] Ibid. f. 4●1 a. ● 30.40 King John and Queen Isabel Crowned moneth of October King Iohn having setled his affairs in Normandy and his other Transmarine Countries came into England and brought with him Isabel his Wife and upon the eighth Day of that Moneth they were both Crowned at Westminster by Hubert Arch-Bishop of Canturbury Presently after his [9] Ibid. b. lin 4. n. 10.20.30 40. He sends to the King of Scots to meet him at Lincoln Coronation King Iohn sent Philip Bishop of Durham Roger Bigot Earl of Norfolk Henry de Bohun Earl of Hereford David Earl of Huntington Roger de Lasci Constable of Chester William de Vesci Roger de Ros and Robert Fitz-Roger Sherif of Northumberland to William King of Scots with Letters Patents of safe Conduct and to wait upon him into England to meet King Iohn at Lincoln on the Morrow after the Feast of St. Edmund the King November 21st they met accordingly and the next day they came to a Treaty or Parley upon a steep Hill convenerunt ad Colloquium super Montem arduum without the City and there in the view of all the people William King of Scots became King Iohns Man The King of Scots doth Homage to
Kings time and Money Levied by him for Scutage Service c. SOon after his first Coronation which was on the 27th of May 1199. [9] Rot. Pip. 1 Johanis Civit London Middlesex He had a Scutage Tax of two Marks of every Knights Fee In the year 1200. he had of every Ploughland in England [1] Hoved. f. 454. b. n. 20. three Shillings In the year 1201. he had two Marks of every Knights [2] Paris f. 206. lin 9. Fee for Scutage Service of such as had his Licence to stay at home upon Summons to pass beyond Sea with him In the year 1203. he took a 7th part of all the Earls and Barons [3] Ibid. f. 209. n. 20. Goods that left him in Normandy In the year 1204. in a Parliament at [4] Ibid. n. 50 Oxford there was granted to him a Scutage Tax of two Marks and half of every Knights Fee In the year 1205. he [5] Ibid. f. 212. n. 20. levyed of the Earls and Barons that would not follow him beyond Sea with their Service infinitam pecuniam a vast Summe of Money In the year 1207. he took a thirteenth part of all the [6] Ibid. f. 221. n. 50. moveables and other things as well of Laics as of Ecclesiastics and Prelates all Murmuring but none dared to contradict it In the year 1210. he forced from the [7] Ibid. f. 230. n. 10. Abbats Priors Abesses Templars Hospitallers c. 100000 l. and from the White Monks or Cistertians 40000 l. In the year 1211. he had two Marks [8] Ibid. n. 50 Scutage Service of every Knights Fee which furnished not out its Service to the Expedition of Wales In the year 1214. he [9] Cl. 16 Johan m. 24. Dat. apud Partenay 26 Maii. took of every Knights Fee of those that were not with him in Poictou as well of Bishopricks in his hands as of Wards and Escheats three Marks The Issue of King John HEnry his [1] Paris f. 225. n. 50. Eldest Son afterwards King Henry the Third was Born on St. Remigius his Day That is the first of October in the year 1207. Richard his Second Son afterwards King of the Romans and Almain Earl of Poictiers and Cornwall was [2] Ibid. f. ● 226. lin 1. born in the year 1208. His Daughters JOane the Eldest was Married to [3] Pat. 10. Hen. 3. n. 1. Dor● Alexander King of Scots as appears upon the Patent Roll 5 Hen. 3. M. 6. Dors Dated at York June 28. 1221. Alienor his Second Daughter [3] Pat. 10. Hen. 3. n. 1. Dor● Married to William Marshall the Younger who Dyed without Issue A. D. 1231. and was remarried to Simon Monfort Earl of Leicester on the [4] Paris f. 465. n. 40. Morrow after Epiphany A. D. 1238. Isabell his third and youngest Daughter was Married to [5] Ibid. f. 414. n. 30 40. Frederi● the 2d Emperor of Germany at the Age of One and twenty Years on the Twenty Seventh of February A. D. 1235. His Natural or Base Issue RIchard [6] Ibid. f. 298. n. 40. the Eldest Geofrey [7] Sand. Genealog Hist f. 86. Fitz-Roy Osbert mentioned as King Johns [8] Sandf ut supra f. 87. Son in Rot. Pat. 17 Johan Part. 2. M. 16. Olivar mentioned as King Johns Son in Rot. Cl. 1 Hen. 3. part 2. M. 23. and as King Henry's Brother in Rot. Cl. 2. Hen. 3. part 1. M. 9. Joan [8] Sandf ut supra f. 87. Married to Llewellen the Great Prince of North-Wales THE REIGN OF King Henry III. IN the Eve of Simon and Jude [1] Paris fol. 289. n. 10. A. D. 1216. Henry the 3. Declared King Eight days after the death of King John in the presence of Walo the Popes Legate Peter Bishop of Winchester Iocelin Bishop of Bath Sylvester Bishop of Worcester Ranulphe Earl of Chester William Marshal Earl of Pembroke William Earl of Ferrars John Mareschal and Philip de Albeney with Abbats Priors and a very great multitude met at Glocester to advance Henry the eldest Son of King John to the Crown of England The day after all necessaries being in a readiness for his Coronation His Coronation The Legate accompanied with the afore-mentioned Bishops and Earls brought him in Solemn Procession into the Conventual Church Declaring him King Being placed before the great Altar in the presence of the Clergy and Laity Coram Clero Populo laying his Hand upon the Holy Gospels and Reliques of many Saints Iocelin of Bath dictating the Oath He [2] Ibid. n. 20. His Oath Swear That he would bear Honor Peace and Reverence to God Holy Church and all its Clercs all days of his Life That he would administer due Justice to the People That he would abolish all bad Laws and ill Customs if any were in his Kingdom and would observe and cause to be observed all good ones He doth Homage to the Pope Then he did Homage to Holy Church of Rome and to Pope Innocent for the Kingdoms of England and Ireland And Swear Faithfully to pay the Thousand Marks yearly to the See of Rome which his Father King John had given After this And receives the Homage of all his Bishops Earls and Barons present Peter Bishop of Winchester and Iocelin Bishop of Bath anointed and Crowned him King with the usual Solemnities The day after he received the Homages and Fealties of all the Bishops Earls and Barons and all others who were present all promising him most faithful Obedience After his [3] Ibid. n. 40. The Earl of Pembroke Protector Coronation he remained in the Protection of William Earl of Pembroke Great Mareschal who forthwith sent Letters to all Sherifs and Castellans of the Kingdom of England Commanding Obedience to the new Crowned King and promised many Gifts and Possessions to all such as should faithfully adhere to him upon this all those Noblemen and Castellans who had continued firm to his Father stood the more close and faithful to him Lewis and his Adherents Excommunicated and every one prepared to fortify his Castles as well as he could and they were the more encouraged when they saw that Lewis his Accomplices and Favourers were Excommunicated every Sunday and Holy-day All endeavours were used by the Protector the Bishop of Winchester and others to reduce the Barons to their Allegiance and Obedience to their Natural Prince who then wanted One Moneth of the age of Ten years In whose Name they wrote to * Append. N. 143. Hugh de Lacy and gave him a safe Conduct to return to his Fealty and Service and that he might come to speak with the King and return safely and promised him the Restitution and injoyment of all his Rights and Liberties if he complyed with that invitation which bears the Earls Teste and is Dated November 18 the First of his Reign When Lewis and the Barons who besieged Dover Castle heard certainly that
Noblemen The Conditions of the Peace September the King of France and his Mother met at a Parlement or Conference Convenerunt ad Colloquium c. with the Honorable and Great Men of that Kingdom who after the death of the Kings Father had made War one upon another in which Treaty Peace was made upon the following Conditions First That the Earl of Champaigne the principal Author of this Discord should undertake the Croysado to the Holy-Land and there with an Hundred Knights fight against the Enemies of Christ Secondly That the King of France and his Mother should swear upon the Holy Gospels That they would restore to every one their Rights and that they would Judge all Men of that Nation according to right Custom or Law due to every Man In the mean time King [2] Ibid. n. 20.30 The English Army lies idle in France Spend their Money pawn their Horses The King returns into England Henry with his Army lay idle at Nantes doing nothing but spend his Treasure The Earls and Barons seeing Hubert de Burgh would not permit them to fight with their Enemies Feasted according to the English manner and invited one another and Drank as if it had been Christmass Those which were poor having spent all their Money Sold or Pawned their Horse and Arms At length the King in October having provided for the defence of that Land left 500 Knights and 1000 Stipendiary Servientes or Horsemen under the Command of Ranulph Earl of Chester William Marshal and William Earl of Albemarl shipped himself and Landed at Portsmouth on the 26th of that Month. After the Kings departure [3] Ibid. n. 40. The English make an inroad into Anjou and Normandy the Earl of Chester and others whom he had left the Chief Governors of his Army made an Incursion with the whole Army into Anjou and took Gontier Castle demolished it and burnt the Town and soon after entred Normandy in like manner and took the Castle of Pontorsun and levelled it with the groud and burnt the Town they returned into Britain with great spoils without any loss to themselves A. D. 1231. In the year 1231. [4] Ibid. n. 50. A Parlement or Conference The King demands three Marks Scutage of every Knights Fee The King at Christmass kept his Court at Lambeth and on the 26th of January He met his Prelates and Great Men at Westminster Convenerunt ad Colloquium apud Westmonasterium Rex cum Prelatis aliis Magnatibus Regni where the King required a Scurage three Marks of every Knights Fee of all that held Baronies of him whether Laics or Prelates But Richard Archbishop of Canturbury and some B●shops opposed it alledging that Ecclesiasticks were not to be Taxed by and with Lay-men for that in Transmarine Countreys Scurage was Granted by Laics without them However all the rest as well Laics and Clercs as Prelates readily submitted to the King's pleasure Soon after the Archbishop of Canturbury [5] fol. 368. n. 10.20 The Archbishop Complains to the King of the Justiciary The King asserts his Prerogative complained to the King that Hubert the Justiciary had possessed himself of the Castle and Town of Tonebridge and other Lands that belonged to the late Earl of Glocester deceased for which Homage was due to the Church of Canturbury To whom the King replyed That the above-mentioned Earl held of him in Capite and that it was his Prerogative to dispose of the Wardships of Earls and Barons and of their Heirs to whom he pleased till they should come to full Age. When the Archbishop could obtain no other Answer He Excommunicated all that had entred upon the aforesaid possessions The Archbishop goes to Rome The King sends to defend his cause Richard Earl of Cornwal Marries the Countess and also every one except the King that should converse with them and then went to Rome to prosecute his Suit in that Court The King likewise sent Roger de Canteln with some others to plead his Cause before the Pope This year at Easter Richard the Kings Brother Married Isabel Countess of Glocester Sister to William Marshal Earl of Pembroke which William dyed immediately after that Solemnity This year in May the [6] Ibid. n. 30. The Welch make incursions into England The Bishops Excommunicate them Welch under their King Leolin made many Incursions and great spoils upon the Borderers of Wales sparing neither Sacred Persons nor Places when the Bishops and Prelates heard of it they Excommunicated Leolin and all his Favorers and Abettors and the King having raised an Army to repress them built Maud Castle which the Welch had formerly demolished and placed a strong Garrison in it to hinder their incursions Having finished this Castle in October he returned into England Ibid fol. 370. n. 30. This year in June [7] fol. 369. n. 30. The King of France designed to invade Britany His Carriages Victuals and Warlike Engines taken A Truce for three years the King of France with a great Army designed to invade Brittain but was prevented by the Earls of Brittain and Chester who had prepared an Ambush to intercept the Carriages of his Army with the Victuals and Engines which so effectually succeeded that they took and destroyed them all The French being thus surprized and discouraged a Truce was agreed upon and concluded for three years between the two Kings On the King of France his part by the Archbishop of Rhemes and Earl of Bologne and on the King of Englands part by the Earls of Brittain and Chester who soon after came into [8] Ibid. n. 40. Richard Marshal offers Homage for his Brothers Estate England with Richard Mareschal and were very honorably received by the King Then Richard Mareschal offered to do Homage to the King and whatever else was required of him as Heir to his Brother William Mareschal deceased To whom the King by the advice of his Justiciary gave this Answer That He heard his The King refuseth to receive his Homage and Commands him to depart the Kingdom Brothers Wife was with Child and would not determine any thing till that was certainly known adding moreover that He had confaederated with his Enemies in France and upon that Account commanded him to depart the Kingdom within fifteen days and never to return again upon pain of perpetual imprisonment When he received this Answer from the King he passed over into [9] Ibid. n. 50. He resolves to recover his Inheritance by force Ireland where he was kindly received had all his Brothers Castles delivered to him and had Homage with Fealty done him Also Pembroke Castle with the Honor belonging to it was yielded to him After this he got together a great number of Armed Men resolving if necessity required to recover his Inheritance by force The King upon this changed his Thoughts and accepted his Homage and Fealty The King accepts his Homage and granted him all his Rights taking only