the Castle of Divises under the Custody of four of their Knights and made Lawrence a Clerc of St. Albans Steward of the Lands Granted him who had been a faithful friend and great comfort to him in all his Afflictions The Substance of this Composition or Judgment is to be found upon Record though it doth not well agree with the exact Circumstances of time and the Crimes objected in every Punctilio during this Transaction hitherto The * Append. n. 152. Record says That the Pope wrote to King Henry To correct the Injuries Hubert de Burgh had done to the Roman Chucch and the * See before for this Matter Italian Clercs here in England and That thereupon the King sâ—nt to Arrest his Body and bring him to Answer before him for that very thing Especially Hubert having notice of this fled into a Chappel and those that followed him though they had no order to do it took him out of the Chappel and carried him to London when the King heard of this being Desirous to maintein the liberty of the Church Commanded him to be carried back to the same Chappel in which when he had staid many days he was asked whether he would remain in the Chappel or go out and stand Tryal in the Kings Court concerning the same Injury and others which should there be objected against him by the King and many others who many ways complained of him At length he voluntarily chose to come out and stand to Law yet he begged the Kings Mercy and so went out and the Kings Officers that were there present received him carried him to London and delivered him to the Constable of the Tower The King not satisfied sent Stephan de Segrave then Justiciary John de Lascy Earl of Lincoln Brian de Lisle and others to know whether he was forced or went out voluntarily He answered he went out freely and not for want of Victuals or any other thing and that he was ashamed he had staid there so long Then the King Commanded he should be out of the custody of the Constable of the Tower that he might come freely to his Court and so he came to Cornhul in London upon the Eve of St. Martin and appeared before Richard Earl of Cornwal William Earl Warren Richard Marshal Earl of Pembroke John Earl of Lincoln Stephan Segrave Justiciary Ralph Fitz-Nicholas and others the Kings Tenents or Feudataries there being where when he was accused he would make no defence nor undergo the Sentence of the Court but submitted himself to the Kings pleasure concerning his Body Lands and Goods The King at the instance of the Great Men and the Petition of Hubert and his Friends and Relations and by the permission of those that accused him Respited the Judgment notwithstanding it was drawn up in Court and voluntarily Granted him these Terms That having delivered to the King all the Lands Tenements and Liberties which he held of him in Capite and of King John his Father and all Writings and Instruments that concerned them Then he should have and retain the Lands and Tenements which descended to him from his Antecessors and all the Lands and Tenements he held of others then the King yet so as he should answer to all his other Accusers according to the Custom of the Kingdom and all his Chattels wheresoever they were as well Gold Silver Money or other Goods and his Body to remain at the Castle of Divises in the custody of Richard Earl of Cornwal William Earl Warren Richard Marshalâ— Earl of Pembroke and John Earl of Lincoln until he was delivered by the Commune Council of the King and of all the foresaid Barons his Keepers and of all the Great Men of the Land And if he should by any ways or means Break or endeavour to Break Prison then the Judgment was to take effect and wheresoever or by whomsoever he should be found he was to be used as an Out-law Toward the latter end of this year in December Lewelin * Append. n. 153. Granted and promised to stand to the determination of Ralph Bishop of Chichester and Chancellor Alexander Bishop of Lichfield and Coventry Richard Marshal Earl of Pembroke John de Lascy Earl of Lincoln and Constable of Chester Stephan de Segrave Justiciary of England and Ralph Fitz Nicholas the Kings Steward together with Jolenevet Lewelin's Steward Werrenoc his Brother Iman Vachan and David a Clerc concerning Amends to be made for the excesses on both sides for the restitution of Lands and Possessions and what Money was to be paid for Damages done In the year 1233. King Henry at Christmass [6] fol. 384. n. 20 30 40. A. D. 1233. The English Nobility removed from the Kings Counsels kept his Court at Worcester where by the advice of Peter Bâ—shop of Winchester as it was reported he removed all Bishops Earls Barons and Noblemen from his Council and would trust no one but the aforesaid Bishop and Peter de Rivallis his Kinsman So that the management of all publick Affairs was committed to them The Poictovins and Brittans were now invited into England Poictovins and Brittans called into England The Wardships of the Nobility committed to them The English complain of it in vain and there came over 2000 Knights and Servants whâ— were placed in several Castles in Garrison to whom the easy King committed the Wardships of the Nobility which afterwards much degenerated through the ignoble Marriages with Forreigners And when any Englishman complained of their burthens and oppression to the King they were hindred of remedy through the powerful influence of the Bishop of Winchester When [7] Ibid. n. 50. Richard Earl Marshal speaks boldly to the King Concern in the Poictovins Richard Earl Mareschal saw both the Noble and Ignoble oppressed and the Laws of the Kingdom laid aside He as a lover of Justice with some other Great Men Associatis sibi quibusdam Magnatibus went boldly to the King and told him publickly that by pernicious Counsels he called in Poictovins and Strangers to the great oppression of his Natural Men and violation of their Laws and Liberties Wherefore they humbly supplicated him to correct these disorders in the Government otherwise both He and the rest of the Great Men would withdraw themselves from his Counsels so long as he made use of Forreigners To whom the Bishop of Winchester replyed The Bishop of Winchesters Answer to him That the King might call whatsoever Strangers he pleased for the defence of his Kingdom and Crown and also such and so many as might reduce his proud and rebellious Subjects to due Obedience When the Mareschal and the rest heard this Answer [8] fol. 385. lin 2. they retired from Court promising faithfully to stand by one another in that cause usque ad divisionem corporis anima to the very parting of Body and Soul The last year in Autumn [9] Ibid. n. 40. The Pope voids the Election of John Blund
mentioned his Holiness gained the first Poâ—ut of his Usurped Jurisdiction in England although William still retained the absolute Power of investing Bishops and seemed only to use the Advice and Assistance of the Legats in Ecclesiastical Matters for that no Decree or Constitution was put in Execution without his Royal Assent [8.] Eadmer ut supra n. 49. Lanfranc made Arch-Bishop An Do. 1071. In the first year of his Reign Lanfranc Abbat of Caen in Normandy a stout Man and very much skilled in Divine and Humane Affairs was made Arch-Bishop of Canterbury and Consecrated the fourth of the Kalends of Sptember or the Twenty ninth of August [9.] Malms de gest Pon. lib. â— fol. 117. a b. The Pope Decreed the Controversie about the Primacy between York and Canterbury ought to be decided in England Afterwards going to Rome for his Pall Thomas Arch-Bishop of York whom he had Consecrated went with him where Thomas propounding to Pope Alexander the Controversie between himself and Lanfranc about the Primacy and Subjection of the See of York to Canterbury and the three Bishopricks of Lincoln Worcester and Litchfield which he claimed as subject to York The Pope Decreed That the Cause ought to be heard in England and decided by the Testimony and Judgment of all the Bishops and Abbats of the whole Kingdom [1.] Spelm. Concil vol. 2. fol. 6. Anno Domini 1072. Sir John Danis Irish Reports fol. 89. b. After two Discussions one at Winchester in the Kings Chappel there in the Castle in the Solemnity of Easter and the other at Windsor in the Feast of Pentecost it was finally determined in the presence of the King Bishops Abbats and of Hubert Legat of the Roman Church as says [2.] Fol. 8. n. 30. Paris and many other Orders of Men met there upon the (o) The Conqueror commonly kept Easter at Winchester Whitsunday at Windsor or Westminster and Christmass at Gloucester at which times were present in Court all the Temporal Nobility Bishops Abbats c. through all England so that at those times he could hold a great Council or Synod at a days warning when he pleased and at those times were commonly held the Great Councils for all Publick Affairs occasion of that Festival [3.] Malms ut supra b. n. 20 30 40. The Church of York ought to be subject to Canterbury The Jurisdiction of York extended to the further part of Scotland Upon proof made by old Authorities and Writings that the Church of York ought to be subject to the Church of Canterbury and the Arch-Bishop of York to obey the Arch-Bishop of Canterbury in all things pertaining to Christian Religion as the Primate of all Britain That the Bishoprick of Duresm and all the Countries from the bounds of the Bishoprick of Litchfield and from the great River Humber unto the furthest part of Scotland should be the Province and under the Jurisdiction of York so that if the Arch-Bishop called a Council wherever he pleased the Arch-Bishop of York with his Suffragans were to be present there and give obedience to what should be determined That the Arch-Bishop of York ought to receive Episcopal Benediction from him and under Oath to make unto him Canonical Profession To these Constitutions the King Arch-Bishops Bishops Abbats and all these present agreed and as [4.] Hist Nov. fol. 9. n. 20. Eadmer says who had most reason to know best they were confirmed by the Testimony of the Kings Seal About this time he amended [5.] Cart. in Append. n. 11. The Ecclesiastical and Civil Jurisdiction distinguished the Episcopal Laws which had not been well observed by the Common Council of his Arch-Bishops Bishops Abbats and all the Chief Men of his Kingdom and Commanded by his Regal Authority That no Bishop or Arch-Deacon should hold Pleas in the Hundred concerning Episcopal Laws nor should bring any Cause pertaining to the Government of Souls before a Secular Judicature but that every one that had transgressed Episcopal Laws should be judged in a place where the Bishop should appoint according to the same Laws and Canons * This is left out by Mr. Selden f. 167 168. Not. in Eadmer No Sheriff Minister or Laick to meddle with Episcopal Laws and if any one was so obstinate as not to appear at the third Summons he should be Excommunicated and if need were the Kings or Sheriffs Power were to be added and further Commanded That no Sheriff Minister or Laick should intermeddle with the Bishops Laws Before this the Bishop sat with the Sheriff in the County Court or Turn and with the Hundredary in the Hundred Court if he pleased where they promiscuously determined Ecclesiastical and Secular Causes and from this time the separation of both Jurisdictions bear date And further out of the fulness of Ecclesiastical Power with which he thought himself invested in right of his Crown [6.] Cleopat E. 1. Bibl. Coâ—ton 1. vol. of the State of he Church ex Chart. Willielmi sub sigillo ibid. by the Assent of Lanfranc Arch-Bishop and Stigand Bishop of Chichester in a Council of his Bishops and Barons granted to the Church of St. Martin of Battle-Abby which he founded [7.] In Append n. 12. An. Do. 1086. all the freedom from subjection imaginable and that although it was within the Diocess of Winchester yet it should not be subject to the Bishop Great Priviledges granted by William to Battle Abby and that in his Visitation he should not lodge there nor in any of the Maners belonging to it and that in all things in the same Church and a League every way round about it the Abbat should be Lord and Judge The Violators of which Constitution were for ever anathematized by Lanfranc Archbishop Stigand aforesaid Walkelin Bishop of Winchester Wolstan Bishop of Worcerster all then present The Pope sent to William by his Legat Hubert to do him Fealty and pay him the Arrears of Peter-Pence but though willing to gratifie him in one he absolutely [8.] In Appest n. 13. The Conqueror refuseth to be Feudatary to the Pope denied the other and refused to become his Feudatary or Vassal for the Kingdom of England Archbishop Lanfranc in this Kings Reign held and presided in many Councils in one at London [9.] Spelm. Concil fol. 7 8. vol. 2. Anno Domini 1075. Bishopricks removed from Villages to Cities The Clergy not to give Judgment in loss of Life or Member wherein because it was forbidden by the Councils of Sardis and Laodicea that Bishops Sees should be in Villages therefore by the Kings Munificence and Authority of this Synod Bishop Hermannus removed from Sherborn to Salisbury Stigand from Selsey to Chichester Peter from Litchfield to Chester and afterwards Remigius from Dorchester a Village in Oxfordshire to Lincoln It was also Ordained in this Council that according to the Council of Eliberis and the Eleventh of Toledo both Cities in Spain that no Bishop or Abbat
Castle William Mareschal Walo the Legate and Peter Bishop of Winchester and others who then managed the Affairs of the Kingdom Summoned all the Kings Castellans and Knights and those that were in Garrisons in diverse parts to meet at Newark on Whisun-Tuesday to go along with them to raise the Siege of Lincoln Castle They all shewed a great readiness to Fight with the Excommunicated French and very joyfully met at the place and day appointed With them went the Legate and many other Prelates to persue with Prayers and Arms all such as were disobedient to the King and Rebels to the Pope When they were all come together they were 400 Knights 250 Balisharii Cross-Bow-men and such [8] Ibid. fol. 295. n. 10. Esquires and Horsemen without number That if necessity required they would supply the place of Knights The chief were William Mareschal and William his Son Peter Bishop of Winchester well skilled in Martial Affairs Ranulph Earl of Chester The chief persons in that Army William Earl of Salisbury William Earl of â—errars William Earl of Albâ—marle And the Barons were William de Albiny John Mareschal William de Cantelupo and William his Son Falcasius Thomas Basset Robert de Veteri-Ponte Bryan de Insula Geofry de Lucie Philip de Albiney with many Castellans well exercised in Military Discipline They stayed three days at Newark They stayed three days at Newark for the refreshment of their Men and Horses where they were Confessed and fortified themselves by the Perception of the Lords Body and Blood Corporis sanguinis Dominici perceptione sese muniâ—bant against the Assaults of their Enemies On Friday in Whitsun-week after their Confession and receiving the Sacrament The Legate [9] Ibid. n. 20. shewed how unjust that cause was which Lewis and the Barons his Adherents had undertaken to defend for which they had been Excommunicated and separated from the Vnity of the Church And then by name Excommunicated Lewis The Legate encouraged the King's Army and all his Accomplices and Favorers and especially all those that Besieged Lincoln But to those who had undertaken this Expedition he gave a full Pardon and the promise of Eternal Salvation This so animated the Army that they triumphantly marched towards Lincoln fearing nothing but the Enemies flight before they came thither When the [1] Ibid. n. 30 40. Barons and French which were in the City heard of their approach they received the news with Scoffs and Laughter thinking themselves to be secure However Robert-Fitz-Walter and Saher Earl of Winton went out of the City to observe the motions and number of the Kings Forces when they returned They march in great order towards Lincoln they reported their March to be very orderly but that they exceeded them in number This Account gave no satisfaction to the Earl of Perch and the Mareschall [2] Ibid. n. 50. Wherefore they went out to take a View of the Kings Army The Advices and Counsels of the French Officers various which marched in such order that they were mistaken in their Observations and returned both deceived and uncertain the advices upon this were various at last it was agreed the Gates should be Locked up and Watches set to keep out their Enemies and every one to make ready for a defence and in the mean time to Batter and Assault the Castle which they thought could not long hold out When the Kings [3] Ibid. f. 296. n. 10. The Kings Army Assaults the City of Lincoln The Baroâ—s and French are heaten Army was come before that part of the City where the Castle stands the Castellans by a private Messenger gave them notice of every thing that was done within and moreover told them that if they would they might enter at the Postern gate of the Castle which was left open for them Falcacius accepts the offer and enters with all such as he commanded and the Cross-Bow-men whilst the rest of the Army made an assault upon the Northern gate And having from the Castle wounded and unhorsed some of the most forward and valiant Barons He suddenly issued out and very narrowly escaped being taken put them all into Confusion which gave an opportunity to the whole Army to enter A very great number yeilded to the Conquerors mercy But the Earl of Perch [4] Ibid. n. 30. The names of the cheif Prisoners that were taken refusing to yeild to any Englishman that had been a Traytor to his own King was slain Of the Chiefest Barons were taken Saher Earl of Winton Henry de Boun Earl of Hereford Gilbert de Gant whom Lewis had lately made Earl of Lincoln Robert Fitz-Walter Richard Munfichet William Mumbray William Beauchamp William Mandut Oliâ—er Harcourt Roger Cressy William Colevill William de Ros Robert Ropesle Ranulph Cheinduit and about 400 Knights 400 Knights c. taken besides Esquires Ordinary Horsemen and foot This Victory was obteined on the 19th of May being Saturday in Whitsun-Week The spoyl of the [5] Ibid. fol. 297. n. 10 20. The City and Cathedral Plundered City and Cathedral was given to the Soldiers for the Legat had commanded they should treat all Canonical persons as Excommunicated When they had made an end of Plundering William Mareschall commanded all his Castellans to return home with their Prisoners and keep them under a strict guard till they knew the Kings pleasure Lewis [6] Ibid. f. 2â—7 n. 50. Lewis sends to his Father and Wife for more Forces He afraid to Anger the Pope leaves all to his wife hearing of this great overthrow forthwith sent Messengers to his Father the King of France and to his Wife the Lady Blanch to send some speedy Succours The King fearing he should anger the Pope if he should assist his Son who was Excommunicated left it wholly to Lewis his Wife [7] Ibid. fol. 298. n. 10. She sends 300 Knights with other Forces They were met and Beaten at Sea who speedily sent 300 stout Knights with a great many Armed men under the Conduct of Eustachius a Monk After they were Shipped a brisk wind drove them toward the Coast of England but by the way several of the Kings Ships under the Command of Philip de Albiney met with them between whom was a bloody Sea fight [8] Ibid. n. 30. And most taken Prisoners At length the French seeing no hopes of Success or Escape some desperately leaped into Sea and the rest yeilded themselves Prisoners When the News of this defeat came to Lewis it more grieved him than the overthrow at Lincoln [*] Ibid. n. 40. Eustachius the Monks Head cut off Eustachius the Monk offered a great summ of Money for his Life but Richard the Bastard Son of King John calling him wicked Traytor Told him he should never deceive any man further with false promises and so cut off his head After this [9] Ibid. n. 50. William Earl Marshal Besiegeth London the Mareschall encompassed London with a
the accustomed Relief About this time [1] fol. 370. lin 1. The Archbishop of Canturbury goes to Rome to complain of the King and the Justiciary Richard Archbishop of Canturbury arrived at Rome and in the Popes presence made the following complaints viz. That the King was wholly guided by Hubert the Justiciary that the Affairs of the Kingdom were transacted by his advice without consulting his Great Men. That the Justiciary had Married his former Wives Kinswoman and had invaded the Rights of the Church of Canturbury and refused to restore them That the Bishops his Suffragans neglected their Pastoral care and had betaken themselves to Plead lay-Lay-Causes in the Exchequer and gave Judgments in Cases of Blood That Beneficed Clerks and such as were in Holy Orders had many Churches with Care of Souls and according to the examples of Bishops intruded themselves upon Secuâ—â—r business On the other side the Kings Messengers pleaded many things on the Kings and the Justiciaries behalf but to very little purpose The Pope favors him for the Pope had Commanded that the Archbishop should have his business forthwith dispatched according as he desired He dies in his return home But in his return home he dyed at St. Gemma three days journey from Rome the 3 of August and the whole Transaction expired with him In October [2] Ibid. n. 30. The King desired to have Married the King of Scots Sister Is perswaded not to do it the King offered to Marry the King of Scots Sister but the Earls and Barons and especially the Mareschal opposed it alledging it did not become the King to Marry the Younger when his Justiciary had married the Elder Sister At length he was prevailed upon by the Earl of Brittain and the Mareschal to desist After this he gave to the Earl of Brittain 5000 Marks of Silver and so he returned into his own Countrey The Monks of Canturbury having chosen [3] Ibid. n. 40. The Monks of Canturbury choose Ralph Bishop of Chichesher Arch-Bishop The King accepts their choice Ralph de Nevill Bishop of Chichester and Chancellor of England Archbishop presented him to the King on the 19th of September The King accepted their choice and forthwith investâ—d him with the Manors and other Rights belonging to the Archbishoprick Then the Monks desired their Elect to allow them Money for their expences in their journey and at the Court of Rome to procure the Election to be confirmed He replyed He thought it was Simoniacal and upon that account would not consent to allow one Farthing However the Monks proceeded in their journey and petitioned the Pope to confirm their choice But he being before informed of the Person by Simon Langton [4] fol. 371. lin 1. gave them this Answer That he was an illiterate Man and a Courtier and if he were promoted to that Dignity he would concur with the King and Kingdom to shake off the Papal Yoke that King John had put the Kingdom under Upon this the Pope voided the Election The Pope voids the Election and Commanded the Monks to proceed to a new choice of one who would be faithful and devoted to the English and Roman Church A. D. 1232. In the year 1232. King Henry [5] Ibid. f. 372. n. 40. The Kiâ—g calls a Colloquium or Parlement Dâ—mands a general Ayd The Earl of Chester said none was due from the Barons and Knights because they had served the King in person The Laics depart from the Parlement The Clergy because many were absent desire another time to treat about the Ayd kept his Christmass at Winchester and upon the 7th of March He met the Great Men as well Prelates as Laics at Westminster Convenerunt ad Colloquium apud Westmonasterium ad vocationem Regis Magnates Angliae tam Praelati quam Laici to whom the King declared That his late Expedition beyond Sea had involved him in great Debts whereupon he was now forced to require of every one a general Ayd Vnde necessitate compulsus ab omnibus generaliter Auxilium postulavit To whom Ranulph Earl of Chester replyed in the Name of the Great Men That the Earls Barons and Knights which held of him in Capite had personally served him and had been at great expences to no purpose whereby they were reduced to poverty Vnde Regi de jure Auxilium non debebant and therefore of Right they ought no Ayd to the King And then having asked leave all the Laics departed But the Prelates answered the King That many Bishops and Abbats who were summoned were not yet come come thither and therefore desired it might be deferred and a day appointed for all to meet together and consult what ought to be done in that business which was agreed to and the * See September 14 th of this year Fifteenth day after Easter was appointed for their meeting This year [6] fol. 375. n. 10. A. D. 1232. Corn and Money taken from the Italian Clergy and distributed to the Poor many Armed Men of good quality with others of less reputation violently entred into the Barns of the Roman Clergy that were Beneficed in England and carried away and largely distributed their Corn and sometimes Money among the poor There were about Fourscore and sometimes fewer that were the Authors of this presumptuous Attempt But William Witham or Robert * Alias Twenge the chief Author of that Attempt Thinge a Knight was their chief Governor to whom they paid a ready Obedience When these disorders had reached the Popes Ears He sent very severe Letters to the King blaming him for permitting such Rapine to be executed on Clergy-men and Commanding him upon pain of Excommunication and Interdict to make close inquiry after the Authors of this violence and to punish them according to their offence that others might be terrified from committing the like The Pope by his Letters Commissioned [7] Ibid. n. 30. The Pope sends a Commission to inquire of the Transgressors who were to be Excommunicated Peter Bishop of Winchester and the Abbat of St. Edmunds to make an Inquisition in the South of England and in the North the the Archbishop of York the Bishop of Durham and John a Roman and Canon of York to make a strict search and whomsoever they found Transgressors they should Excommunicate them and send them to Rome to be Absolved When the [8] Ibid. n. 40 50. Many are accused and imprisoned Inquisition was executed and Witnesses examined upon Oath a great many were found either actually guilty of the above-mentioned Rapine or consenting to it there were some Bishops and some of the Kings Clerks with some Arch-Deacons and Deans with many Knights and Lay-men many High Sheriffs their Bayliffs and other Ministers were by the Kings Command taken up and committed to prison Hubert de Burgh is accused others through fear fled and could not be found But Hubert de Burgh the Justiciary was accused as