ever should Enjoy the Liberties granted by them to the Kingdom of England which were written and sent sealed thither under the seals of the Popes Legat and William Earl Marshal the King then not * His Fatâ—… seal was 〈◊〉 with his 〈◊〉 Regalia 〈◊〉 passage oâ— the Wathâ—… having a Seal of his own In the seventh year of his Reign upon complaint made by the Citizens of Dublin against their [2] Cl. 7 Hen. 3. mâ—… Dors. The King â—…hibits the Arch-Bisâ—… of Dubli◠〈◊〉 meddle wâ—â—â— secular caâ—… in Spirituâ—â— Courts Arch-Bishop who was then the Kings Chief Justice for proceeding against the Laws and Customs of the Nation used in all places of England and for his Vsurpation upon the Rights of the Crown against his Trust and Duty as Chief Justice in drawing several causes belonging to the Kings Temporal Courts to his Ecclesiastical Courts to Enlarge his Jurisdiction to the Grievance and Dishonour of the King There was a [3] Ibid. writ sent to him to forbear such things for the future or that he would be severely dealt with for such practises In the 11 th of his Reign [4] Cl. â—… Hen. 3. Paâ—… m. 21. The same to be in Iâ—â—land as Enâ—land conceâ—â—ing Excomâ—â—nicate Peâ—… there was a Writ sent to Geofry de Marisco Justice of Ireland for observing the same Customs and Law there for taking persons continuing Excommunicate by the space of forty days upon the Arch-Bishops and Bishops Certificate by a Capias Excommunicatum as was used in England In the 12 th of his Reign he wrote to [5] Cl. â— Hen. 3. M Richard de Burgh his Justiciary to call together the Arch-Bishops Bishops Abbats Priors Earls Barons Knights and Freetenents and his Officers in Every County and cause the Charter of King John to be read before them and then to injoyn them to the strict observation of the Laws contained in it In the 15 th year of his Reign about [6] Pariâ— 366. n. 20 The King Conaught his Army routed 2000 Men and the Kiâ—â— made prisâ—â—er July an Irish King of Conaught knowing that the King William Marshal and Maurice Fitz-Gerald were gone over into France so that Ireland was left without any great force to Defend it raised a mighty Army or rather a great number of people and entred into the Dominion of the English spoyling and Burning the Country The news whereof was brought to Geofrey de Marisco then Deputy Justiciary and he calling to his assistance Walter Lacy and Richard Burgh raised a considerable force with which he fought and beat the Irish killed twenty thousand of them and took their King Prisoner In the 19 th of his Reign the [7] Cl. â—… Hen. 3. M Dors. Free Commerce and trade betwâ—â—â— England aâ—â— Ireland King issued a writ to Maurice Fitz-Gerald his Justiciary for free Commerce and Trade between his Subjects of both Nations without Restraint The next year [8] Cl. 20. Hen. 3. m. 13. Dors. The Statutes of Merton concerning Bastardy to be observed in Ireland he wrote to the Arch-Bishop of Dublin and his justiciary for the Observation of the Statutes of Merton especially concerning Bastardy and in a Case then depending before them In the 24 th of his [9] Paris f. 526. n. 40. Coheirs females how they were to hold in Knights service Reign the King sent instructions under his seal how lands holden in Knights service that Descended to Sisters Coheirs should be divided and how and by whom Homage should be done and in what manner and of whom the younger Sisters should hold according to the Statute of Ireland made the 14 th of his Reign In the 29 th of his Reign the Welch putting King Henry to great Trouble he intended wholly to destroy them [1] Ibid. f. 685. n. 20. Maurice Fitz-Gerald put out of the place of Justiciary and sent to Maurice Fitz-Gerald his Justiciary to come to his assistance with forces out of Ireland who not coming so soon as he was expected having a fair and prosperous wind was put out of his place of Justice and John Fitz-Geofry de Marisco substituted in his stead In the thirtieth of his Reign he [2] Append. n. 228. The Laws of England to be strictly observed in Ireland directed a Writ to the Arch-Bishops and others in Ireland that the Laws of England should be strictly observed in Ireland as King John his Father had formerly commanded Yet notwithstanding this Command this privilege of using the English laws in Ireland was [3] Append. n. 229. Those Laws not intended for the Benefit of the native Irish never intended by King John or King Henry that it should extend to all the native Irish but only to the English Inhabitants transplanted thither or there born and to such native Irish as faithfully adhered to these Kings and the English in Ireland against the Irish that complyed not with them who were not to receive any Benefit by them The King in the 38 th year was in Gascoigne and wanting Forces [4] Cl. 38. Hen. 3. M. 9. Dors. The King sends into Ireland for forces to be brought to him from thence into Gascony sent his Writ to John Fitz-Geofry his Justice of Ireland to come to him in person with a good number of Men if there were no danger of an insurrection in Ireland otherwise to send Maurice Fitz-Gerald with the same force and to borrow Mony from the Popes Collector in Ireland for that affair with his consent to be repaid him at a certain day Prince Edward had the Kingdom of Ireland Committed to him for his support with power to make put in and out what Justices and other Officers he pleased when the Barons were at Oxford and had made their provisions in the 42 d. year of this Kings Reign he [5] Pat. 42. Hen 3. M. 5. Prince Edward put out of the Command of Ireland by the power of the Barons wrote to the Arch-Bishops Bishops Abbats Priors Barons Knights c. That he heard his Son intended to make a new Justice there and put his Castles into such hands as it might be great Damage and not without fear of their Disinheriting and therefore Commands them not to be obedient to any such Justice Constables or Keepers of Castles made or appointed without his Letters Patents by assent and advice of his Council After the same manner he wrote to all Majors and Communities of Cities and Towns in Ireland and to the Constables of Castles and Commanded Alan Zousche his Justiciary not to obey or give up his Authority to any new Justiciary or Constable that should come without his Letters Patents The King wrote to the [6] Cl. 49 Hen. â— m. 7 Dors. The Kings Writs to several great men to secure the Peace of Ireland Arch-Bishop of Dublin the Bishop of Meath his Treasurer Walter de Burgh and Maurice Fitz-Maurice Gerald that he heard there was like to be great Dissention between the
is cited by the Sheriff of Kent and appeâ—rs in the Kings Court. Request of John he appointed another day to wit the first day of the Council and sent his Writ to the Sheriff of Kent to Cite the Arch-Bishop for the King would not write to him because he would not salute him Nor had he any other Solemn Summons to the Council by Letter according to ancient Custome [8] Ibid. The Arch-Bishop appeared and said he was come by the Kings Command for the cause of John The King replyed that John was in his service at London and would be there on the Morrow and then their cause should be discussed [9] Ibidem Erat siquidem Johannes ille cum Thesauriis caeteris fiscalibus pecuniae publici aeris Receptoribus Londoniis ad Scaccarium Vbi etiam placita Coronae Regis Tractantur for this John was amongst the Officers of the Receipt of the Chequer in London where also pleas of the Kings Crown were handled or holden That first day there was nothing more done between the King and Arch-Bishop the King bad him go home and return to his cause on the Morrow On the Second [1] Ib. Col. 2. day before all the Bishops except the Bishop of Rochester and another which were not then come and all the Earls and Barons of England and many of Normandy Archiepiscopus lese Majestatis Coronae Regiae arguitur The Arch-Bishop was accused of Treason because as is said before he was cited by the King in the cause of John and neither came nor made a sufficient Excuse The Arch-Bishops defence signifyed nothing yet he Alledged the foresaid Injury of John the proper Jurisdiction of the Cause and the Integrity of his Court. The King [2] Ibidem The King demands Judgment Demanded judgment no Reason of the Arch-Bishop was approved It seemed to all out of Reverence to Royal Majesty and the Bond of Liege Homage that the Arch-Bishop made to the King and from the Fidelity and Observance of Terrene Honor which he had Sworn to the King That he made smade small Defence because when cited by the King he neither came nor by his Messengers alledged any Corporal infirmity He is Condemned in the forfeiture of all his moveables or necessary administration of any Ecclesiastical Office that could not be deferred And they Condemned him to be in the Kings Mercy for all his Moveable Goods There was a Difference [3] Ib. p. 23. Col. 1. Difference between the Bishops and temporal Barons in pronouncing Judgment between the Bishops and Barons who should pronounce Judgment each of them imposed it upon other excusing themselves The Barons said you Bishops ought to pronounce sentence it belongs not to us we are Lay-men you Ecclesiastical persons So he you are his fellow-Priests and Fellow-Bishops To these things [4] Ibidem one of the Bishops Answered yea it s rather your Office then ours for this is not an Ecclesiastic Sentence but a Secular we sit not here as Bishops but Barons we are Barons and you are Barons we are Peers or aequals here pares hic sumus You cannot rely upon our Order for if you have respect to that in us you must also have Regard to it in him and then as we are Bishops we cannot Judge our Arch-Bishop and Lord. The King [5] Ibidem The Bishop of Winchester pronounced sentence hearing of this controversie about pronouncing Sentence it was soon ended and imposed upon the Bâ—shop of Winchester who unwillingly pronounced it Archiepiscopus autem quia sententiae vel Recordationi Curiae Regis Angliae non licet contradicere sustinuit Censilio Episcoporum Addacta ad mitigandum honorandum Regem solenni in manum ejus missione quasi Concessionis Judicii ut Moris est The Arch-Bishop because no man might contradict a sentence or Record made in the King of Englands Court by advice of the Bishops submitted to it and by a forced compliance for the honor and mitigation of the King solemnly put himself under his power as it were Granting and acknowledging the Judgement as the Custome was Afterwards on the same day he was prosecuted [6] Ibid. Col. 2. The Arch-Bishop prosecuted for 300 l. for three hundred pounds he had received as he was Castellan or Constable of the Castles of Eye in Suffolk and Berkamstead in Hertfordshire The Arch-Bishop first waved the Action by saying he was not cited for that matter And further said That he had expended that money and much more in the Reparations of the Palace of London and those Castles as might be seen The King would not admit he had done this He gives security for it and Exacts Judgment The Arch-Bishop ready to please the King and not willing such a summe of Money should be the Cause of Anger between them gave security by three Lay-men distinctly and severally the Earl of Glocester William de Eynesford and another all his Tenants On the third day [7] Ib. p. 24. Col. 1. He is prosecuted for a 1000 marks more and several other moneys he received when Chancellor He Consults the Bishops about this matter he was prosecuted at the Kings Suit for five hundred marks lent him in the Army of Tholose and for other five hundred which he borrowed of a Jew upon the Kings security he was also prosecuted for all the profits of the Arch-Bishoprick and other Bishopricks and Abbeys that were voyd during his Chancellorship of all which he was commanded to make an Account to the King The Arch-Bishop said he came not prepared to Answer this matter nor was he cited concerning it yet in time and place he would do to his Lord the King according to right The King exacts security upon that he answered he ought to have the advice of his Suffragans and Clercs about it The King yielded to it and he departed And from that day neither Barons nor Knights came to his House or Hostel to visit him having understood the Kings mind by these proceedings On the fourth day [8] Ibid. Col. 2. p. 25. Col. 1. They advise a Compliance all the Ecclesiastical persons came to the Arch-Bishops House where he treated with the Bishops severally and apart and with the Abbats severally and apart The Bishop of Winchester advised him to offer a Composition in Money and trie the King that way 2000 Marks were offered but refused Others encouraged him to maintein bravely the Liberties of the Church but most perswaded a Compliance with the King 'T is [9] Ib. Col. 2. said they consulted very closely on the fifth day which was Sunday but the Result of their Debates and Counsels not mentioned On the sixth Day the Arch-Bishop fell Sick and the King hearing of it sent all his Earls and many Barons to Demand of him his Resolution after these Consultations and Advices and to know of him whether he would give Security to render an Account of what he
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
and Education of the Heir within Age was by the Constitution of the [3] See Feudal Law c. in the Glossary to my Introduction f. 39. E c. Feudal Law especially as it was at this time practised in England and from thence this Law was derived The next Chapter about the Marriage of Widows was another Branch of the Feudal Law where the true Reason is given why they could not Marry without License from the Lord of the Fee which he never touches No [4] Mag. Cart. C. â—0 Constable of a Castle may distrain any Knight that is any Person who by Military Tenure was bound to Castle-Guard to give Money for Castle-Guard if he would do the Service in his own Person or do it by another Stout Man if for any reasonable cause he could not do it himself and if the King called him into the Army he should be free from Castle-Guard for the time he was in the Army and for the Fee for which he did Service in the Army This Chapter or as he calls it [5] 2 Institut f. 34. Act consisting of two Branches is Declaratory of the Common Law First He that held by Castle-Guard might make a Deputy Secondly That he who by the King was called into the Army should be free from Castle-Guard c. This also he says was Declaratory of the Antient Common Law Yet Castle-Guard and whatever related to it was a Constitution of the Military Feudal Law The next [6] Mag. Char. C.xxi. Chapter about Carriages was a Prerogative all Princes as Chief Lords of all Fees had over the Vassals of their Military Tenants Nulla Carecta Dominica c. No Demeasn Cart that is a Cart in the proper use of any Ecclesiastic Person or Knight or any other Lord of a Maner shall be taken by our Officers c. They were exempt he says by the Antient [7] 2 Instit â— 35. Law of England The words of the Law prove it to be Military and Feudal They were exempt as Military Tenants The words Carecta Dominica add to the proof that it was a Military Law We will not hold the Lands of those Convict of [8] Mag. Chart. c. 22. Felony above a year and a day c. Forfeiture of Lands for Felony was Originally from the Feudal Law No Officer of ours [9] Ibid. c. 28. shall for the future put any man to Wage Law c. This Wager of Law he says for ought ever he had read was the peculiar Law of England I am sure he never read the old French Law the Salic Law the old Feudal Law [1] See my Saxon History the old German nor indeed any ancient Foreign Law the Practice of it and the Constitution also is frequent in all of them The 31 Chapter of Magna Charta concerning Military Tenures Escheats Reliefs and Services he [2] Second Institut f. 64. says is all meerly Declaratory of the Common Law but it is a mighty mistake from his not having read or observed the Feudal Law for if ever there were any such Law in the World this whole Chapter is certainly only a qualified and moderate part of it Nor are Littletons Tenures any thing else but a Declension and Lapse of the Rigid Feudal Law by pact permission remission or favour of Lords and Patrons or by time into the more mild Usages of it as they were practised in this Nation in his time as must be confessed by any one but meanly skilled in the Feudal Law The whole Feudal Law consisted in [3] Hottom de Feud Disput Col. 871. C. D. E. Customs rather than in Written Rules before the Constitution of Frederic the First who was made Emperor A. D. 1151 or 1152. The Lombards had their own Customs in their Fees the Goths Franks and Saxons had others all different The Normans and Vandals had their own Customs every one in their own Countries and Provinces had their different Customs and therefore of necessity the Laws of Fees were various But Sir Edward Coke cannot own any thing of the Feudal or any Foreign Law here though it was really made the English Law by Use and Time He hath a formal way of Speaking the Law doth this and the Law doth that this is Law that is by the Common Law of England abstracting it from any dependency upon or creation by the Government as if it had been here before there was any and had grown up with the first Trees Herbs and Grass that grew upon English Ground and had not been of our Antient Kings and their Successors Planting by Assistance and Advice of their Great Councils in all Ages as it was found expedient either by them or upon Petition and Request of their People Which [4] Claus 1. E. 2. m. 10. Dors is acknowledged by all the Bishops Earls Barons and People present at the Coronation of King Edward the Second in these words â—Sir will you Grant and Keep and by your Oath Confirm to the People of England the Laws and Customs granted to them by the Antient Kings of England your Predecessors true and devout to God and namely the Laws and Customs and Liberties granted to the Clergy and People by the glorious King Edward your â—Predecessor In very many of the most Antient Statutes 't is said The King Ordains the King Wills and it hath been resolved by many of the Judges [5] Cokes 8 Report f. 20. b. That if those Statutes be entred in the Parlement Rolls and always allowed as Acts of Parlement it shall be intended they were by Authority of Parlement How such Entry and such Allowance without any Words in the Statutes to that purpose can make them to be by Authority of Parlement I shall not inquire But sure I am those words The King Ordains the King Wills being pronounced in Parlement and Recorded in the Rolls thereof for the security of the People and owned by them do clearly prove his Authority and Power in making Laws to be far greater than many men would allow him or have him to injoy If these sayings of Sir Edward Coke have respect to the Times before Magna Charta there was not then much Law nor much Pleading nor many judged Cases from whence the Bulk of the Law arose and the proceedings were short Possession then was eleven Points of the Law and Seisin proved the Plaintiff had Possession presently the only trouble then and delay was sometimes allowing and casting Essoins I will give some Examples of the course of Law then Rex Willielmo de Cahanniis Salutem [6] From the Original in the hands of Sir Tho. Hare Baronet This was in the time of William Rufus Praecipio tibi ut facias convenire Sciram de Hamtona Judicio ejus cognosce Si Terra de Isham reddidit firmam Monachis Sancti Benedicti Tempore Patris mei si ita inventum fuerit sit in Dominio Abbatis si vero Teinlanda tunc
the Great esteemed the Common-Law of Germany and in many matters was esteemed the Commune Law of Germany as is clear in lib. 2. leg Longobard Tit. 56. Romani Successiones juxta illorum legem habeant similiter omnes Scriptiones secundum legem suam faciant quando jurant juxta Legem suam Jurent Et alii similiter faciant Et quando componunt juxta legem ipsius cujus malum fecerint componant Longobardos illos convenit similiter componere De caeteris vero causis communi lege vivant quam Dominus Carolus excellentissimus Rex Franconum atque Longobardorum in edictum adjunxit That is the Romans may have their Successions in Goods or Estates according to their Laws and likewise may make all their Writings or Charts according to their Law And when they Swear or make Oath of any thing they may Swear according to their Law And others Nations or People may do the like and when they compound for any Fault or Injury done by them they may compound pay the Mulct according to the Law of him People of many Nations living at this time promiscuously together unto whom they shall do Injury concerning other causes they may live according to the Commune Law which Charles the most excellent King of the Franc's and Longobards united into an Edict Above this Law stands Carolus Imperator as made by him which was Charles the Gross Great Grandchild to Charles the Great and took upon him the Empire of Germany 877. Antiq. Alaman Tom. 2. Part. 1. Fol. 4. The Germans would not admit the Roman-Laws or any other but their own Whatever these Laws seemed to be to others yet they so esteemed them as they would admit no other Laws of other Nations in their Judgments or Decisions of Controversies yet permitted Men to Read them for Equity sake and to better their Vnderstanding though they prohibited the use of them in their Courts and Conventions for this reason that though they entertained very many Eloquent Sentences and Constitutions yet they abounded in Difficulties and for that a plain order of words were sufficient and most fit for the doing of Justice Therefore they would not be vexed with the Roman Law or any Foreign Institutions Leg. Wisigoth lib. 2. Tit. 1. Leg. 9 10. Capit. Caroli Ludov. lib. 6. Tit. 269. Thus having shewn the Origin or Time when our Saxon and the German Laws began to be Written let us proceed to see what agreement and likeness there is between them I should be troublesome to the Reader to no purpose should I here Insert all the Laws of the English-Saxons and Germans that are like one another or the very same for substance and matter though the Mulcts or Penalties may be greater or less according to the Judgment of the Legislators and the exigency of different cases The Matter Our Saxon-Laws are to be found amongst the old German Laws and in most of them the Manner is the same although different in some circumstances and there is not one Law published by Lambard but either its self or the Matter and Substance of it is to be found over and over again in the German Laws The English and German Laws for Murther the same Their Lawes for punishing Manslaughter and Murther by Pecuniary Mulcts were alike only different in the Sums or Penalties imposed Ll. Inae c. 33. Alured c. 26. Edmund c. 3. Ethelred in Faeder cum Antavo c. 5. Senatus consult de Montic Walliae c. 5. The same are to be found amongst the German Laws as Ll. Fris Tit. 1.17 and 20. Saxon Tit. 2. Ripuar c. 7 8 9 10 11 12 13 14 16 36. Boioar. Tit. 18. c. 2. Alaman Tit. 49.76 Salic Tit. 61. Anglor Tit. 1. c. 9. and as by some of our Saxon Laws Killing a Man was Death Praefat. in Leg. Alured c. 13. so was it by the German Law Capit. Car. lib. 6. Tit. 5.39 Ibid. lib. 7. Tit. 183. Banishment for Manslaughter Ll. Canut c. 6. Capit. Car. lib. 4. Tit. 20. In some of these forecited German-Laws Man-killing is called Mordritum in others Mordrido or Mortando Mordrum used in the German Laws not found in ours till after the Conquest but in the German-Saxon Laws Tit. 2. § 6. it is called Mordrum which word nor any thing like it is to be found in our English Saxon Laws though it occurs often in William the Conqueror's Laws and the Laws of Henry the First The word is from the German Ermorden or Morden to kill a Man basely and privily as Thieves use to do Herman Comit. Nuenarii Exposit verb. ante Egginhart Ll. Christin Tit. 20. § 2. Siquis hominem occiderit absconderit quod Mordritum vocant the Mulct commonly for the death of a Man was his Wergild that is the value of his Head or Life out of which The Mulct for Murder commonly the Wer-gild or value of him that was slain if he were a Servant his Master or Patron had a part or Compensation for his loss which was called Manbote Ll. Inae c. 69. Ll. Fris Tit. 1. § 3.6 9 10. And for this purpose the Weregilds of almost every person from the highest to the lowest are setled and named in both the English-Saxon and German Laws Ll. Ethelstani toward the end Capit. Car. lib. 3. c. 25. qui subdiaconum occiderit 300 solid componat qui Diaconum 400 qui Presbyterum 600 The Weregilds or value of the life of every person set in Germany as well as England qui Episcopum 900 qui Monachum 400 Ll. Ripuar Tit. 36. § 11. Boioar. Tit. 2. c. 20. § 4. where the Weregild of a Duke is 9060 Shillings Ll. Fris Tit. 15. where the Wergilds of a Nobleman Freeman Countryman and Slave or Servant are all particularly mention'd and as amongst the English-Saxons half or part of the Were was given to the Parents or Relations of the slain Person Ll. Inae c. 20 23. So amongst the Germans Ll. Longobard lib. 1. Tit. 9. § 2. Fris Tit. 1. as above Next after the Laws of Homicide and Murder we may shew the agreement of the English and German Laws in punishing Theft Injury Trespasses Strikings Maiming or Maihening Wounding Bloodshed Dismembring c. Theft punished by Mulcts in the English Saxon Laws Theft how Punished Ll. Inae c. 7 13 14 15 21. Senatus consult de Montic Wall c. 4. Ll. Canut c. 59.6 it was also Penal by the German-Laws Ll. Boioar. Tit. 8. Ripuar Tit. 7.18 Fris. Tit. 3. Angl. Tit. 7. Longobard lib. 1. Tit. 25. yet by the German Saxon Law it was Death to steal a Horse or any thing by Night or by Day to the value of Three Shillings Tit. 4. Slanders Defamations Miscalling punished by Mulcts Slanders and Defamations how Punished Blood-shed Striking and Fighting c. how punished Trespasses how Punished Ll. Sal. Tit. 32. per totum For Bloodshed Striking Mayming Wounding Dismembring c. See Ll. Alured c.
Liberty or Freedom as whether he was a Free-man or not or when the Controversie was concerning an Inheritance in all other cases the Earl or Comes distrained them and the proceeding was by * The word Distringere in the old German Law is used as in ours to force men to appear in Court or give satisfaction by taking a Distress Distringas from the Comes after Summons a method used this day in many if not all of our County and Hundred Courts in this Nation and if after the second Summons they appeared not all their Goods were seized Ll. Longob lib. 2. Tit. 43. c. 2.4 Ll. Boioar. Tit. 6. Also qui ad Mallum legibus mannitus fuerit non venerit si eum Sunnis (i) Sunnis an impediment or excuse hence the Barbarous Latin Exonia and the French Essoin and from them it came into our Law and in casting and pleading Essoins a great part of the Art of our old Law was contained non detinuerit sol 15. culpabilis judicetur c. If any man according to Law was summoned to the Mall and came not if he had no excuse or impediment he was punished fifteen shillings so the second and so the third time the fourth time he was in contempt and his Possessions were seized until he appeared and gave satisfaction in the matter for which he was summoned and if he had no propriety of his own his Fee if he had one was seized The first Summons was upon a weeks notice the second a fourteenights the third three weeks and the fourth 42 nights or six weeks The Summons was thus made he that summoneth another man went to his House with Witnesses How Summons were made and summoned him in his own Person but if he found him not he gave his Wife notice or any of his Family that they should tell him he was summoned which was sufficient Ll. Salic Tit. 1. § 3. and in many other Laws 't is probable the Comes made his Summons by a Writ or short writing in manner of a Citation a Form of which is extant in Marculphs formulae n. 116. As to the English Saxons Mr. Lambard [5.] Arch. p. 64 65. thinks their proceeding in Judgment was de plano and without Solemnity they used for ought he could observe not to call the parties by writ or writing but sent for them by certain Messengers or Ministers such as we from the Normans call Serjeants from the Latin Serviens a Servant and if they did use any Writs 't is strange the Forms of some of them should not be found in the Leigers or Books of some of our old Monasteries or in some of our old Historians Yet one there is in Spelm. Gloss cited out of the Book of Ramsey in Hardy-Cnute's time about 1041. A possessionary Writ to the Burgers of Thetford by which he willed and commanded that Aethelstane Abbat of Ramesey should have his House or Farm in Thetford in Norfolk as fully and freely c. But this seems to be of a later date and made after the Norman mode by the stile of it and put in here to secure the Title Though we have no clear examples of the Process and Judgments here in the English Saxon times yet we find some very antient amongst the Germans by which we may receive some light perhaps how they proceeded in this Nation [6.] Appendix The Form of a Judgment in old Germany One Hrothelm comes to the publick Mall for the hearing of all Causes holden by Humfrid Earl of Rhaetia in his Court in the Fields the Seventh year of the Empire of Charles the Great Anno Dom. 807. or there abouts complains to the Comes and claims a House unjustly with-held from him The Earl calling together the Witnesses which were of the very Country where the House was and charged them upon their Oath that they should speak the truth what they knew in that cause And they said they knew the bounds of the House and the ground that one Mado had bordering upon it and they set out the bounds of the Houses and Land what belonged to Hrothelm and what to Mado then he commanded them to go upon the place and shew the bounds which they did and fixed the bounds between the two dwellings as they had said and the Earl directed many Nobles there present to go with them This being done the Comes asked the Scabins what they would Judge in that Cause and they said according to the Testimony of those men and his Inquisition and Judgment was given accordingly These are the Names of the Witnesses or Jurors Valeriano Burgolfo Vrsone Stefano Majornio Valerio Leontio Victore Maurestone Frontiano Florentio Siptone Valentiano Quintello Stradaris These are the Names of the Scabins Flavino Orcisino Odmaro Alexandro Eusebio Maurentio and very many others N. 1 2 3 4 5. in append See the Judgment its self in barbarous provincial Latin And that these Testes were the same we call Jurors or Jury-men is evident from the Laws of the Longob lib. 2. Tit. 51. de Testibus The best persons in every Territory or City against which there was no Crime Testes and Jurors the same In pago vel civitate What sort of men the Testes were to be were to be Witnesses c. 3. The Comes or Judges were to admit none of ill Fame in their Country to be Witnesses c. 7. Witnesses not to be of any other County nisi de illo comitatu where the things in Controversie were because it was presumed none could know better the State and Condition of a man whether Free or a Slave or the Possession of any man better than their neighbours such as were nearest them c. 11. Such Free-men only as had a Propriety of their own were admitted to be Witnesses and not Tenents or such as resided upon their Lords Lands and had no Propriety of their own yet such might be Conjurators of other Free-men because they were Free-men c. 15. Capit. Car. Ludov. lib. 5. c. 150. Now let any man consider these qualifications of their Witnesses and he must think them the same with our ancient Jurors or Jury-men in England for Witnesses in private Causes between man and man could not be capable of these circumstances and that in all probability Jurors were used all old Germany over before we had them here And also that the twelve Thanes mentioned in King Edgar's Law were Scabins inferior Judges and Assessors with the Aldermen and not Jurors Somewhat like our Justices of Peace at our Assizes Before the Conquest and at the time of making the Survey on Doomesday-books the Jurors here were also called Witnesses Ll. Canut polit c. 76. he that hath defended or secured his Land by the Testimony or witness of the County be Scire Gewitness and in Doomesday the Verdict of the Jury is often called the Testimony or witness of the County or Hundred Clamores de Eurwicscire North Treding homines qui
things to imitate the French Ibid. b. n. 10. And the English according to his Example they speak French and imitate their Vsages and are ashamed of their own the chief and great men to speak French in their Courts and Houses as a great piece of State and Breeding to make their Charters Deeds and Writings after the French manner ashamed of their own Usages and Customs in these and many other things [4.] Ibidem A. D. 1051. fol. 510. a.n. 50. He remits the Tax called Dane-geld About the eighth year of his Reign there being a great Scarcity and Famine he then remitted for ever the Tax called Dane-geld it having been continued eight and thirty years from the first time that it was paid by Ethelred to King Swane The English began [5.] Malmsb ut sup n. 40.50 The English murmur at the Preferment of the Normans to murmur at the Preferments of the Normans and took it ill that Strangers should injoy such places of Trust and Dignity on the contrary the Normans stomached the English defended themselves and [6.] Ibidem They calumniate the English especially Godwin and his Sons f. 46. a. n. 40 50 calumniated them especially (b) This mighty Earl was a Cow-heards Son advanced by Cnute whose Sister he had married she being dead he married a second Wife says Malmsbury but of what Stock not known by her he had six Sons [8.] Sim. Dun. A. D. 1051. Flor. of Worcest the same year fol. 1627. Swane Harold Wulnoth Tosti Girth Leofwin he himself was Earl of Kent the South and West-Saxons Sussex Hampshire Dorsetshire Devonshire and Cornwall Swane was Earl of Oxfordshire Berkeshire Gloucestershire Herefordshire and Somersetshire Harold was Earl of Essex Suffolk Norfolk Cambridge and Huntingtonshires Wulnoth and Hacun Son of Swane were Hostages with William Earl of Normandy for Godwin's good behaviour towards King Edward after Siward's death Tosti was made Earl of Northumberland and Girth and Leofwin possessed other places Godwin and his Sons That they were insolent toward the King and his Friends and usurped an equal share in the Government that they trisled with and abused the King's honest Intentions and Simplicity and made Jests on him Edward the Consessor A. D. 1051. These Factions and Animosities at Court were notably heightned by the following Accident [7.] Ib. b. n. 20. Eustace Earl of Bulloigne comes to visit King Edward Vpon his return one of his Herbingers quarrels with a Townsman of Dover or Canterbury and is slain Eustace and his Followers kill 21 of his Townsmen Eustace the Elder Earl of Balloigne who had married Goda Sister by the Fathers side to King Edward came into England to visit him and returning homeward at Canterbury as some report at Dover as others one of his Herbingers unadvisedly quarrelled with a Townsman or Citizen about Lodgings he was to take up for his Master and Retinue was by him slain the Earl to revenge his Servant's death and his Followers kill several of the Townsmen they flocking together for their own defence assault Eustace and his People and slay one and twenty of them he immediately posts to Court and makes his complaint to the King of the Injuries received who being incensed and the Master aggravated by the Norman Courtiers Godwin was (c) Florence of Worcester reports That Godwin being much moved and very angry that such things were done in his County or Government he and his Sons in their several Counties raised a mighty Army of which the King taking notice and being affrighted sent to Leofric and Siward to come to him being in great danger with what Forces they could raise c. A. D. 1051. fol. 627. sent for and commanded to march into Kent with an Army and punish the People of Canterbury or Dover who had likewise made their Complaints Complaints on both sides come to the King Godwin is commanded to punish the People of Canterbury or Dover He refuseth unless both parties were heard and represented their Case to him as their Earl he troubled to see Strangers more favoured by the King than Natives advised him first to summon the Chief men of the Town into his Court and charge them with Sedition where both Parties might be heard that if found in fault they might by Fine or loss of Life satisfie the King whose Peace they had broken and the Count whom they had injured or if otherwise they might be acquitted until this were done he refused to punish by Hostile Force and unheard those of his own Country which by his Office he was rather bound to defend He is summoned to answer his refusal before the Peers The King not pleased with his refusal ordered an Assembly of the Peers at Gloucester where the matter might be fully debated thither came the two great and famous Earls Leofric of the Mercians and Siward of the Northumbrians and all the Nobility of England except [9.] Malms de Gest R. R. fol. 45. b. n. 40. Godwin comes with an Army Godwin who suspected his own Cause or the Violence of his Adversaries with his two Sons Swane and Harold came with a great Army raised in his own and their Earldoms under pretence of subduing the Welch the King knowing of his arming Leofric and Siward at the King's request oppose him desired the assistance of Leofric and Siward who raising the force of their Countries checked Godwin's design who not knowing of this force boldly demanded [1.] Sim. Dunelm A. D. 1051. Eustace and his Followers the King delayed him with fair answers until the Mercians and Northern men advanced who were eager of fighting But Leofric and the more wise men interposed between the King and Godwin that Hostages given on both sides the cause should be again debated at London whither the King and Lords coming with their Army send for Godwin and his Sons who with their Forces were come to Southwark Servitium militum Quos per Angliam habebant Regi contradere Malmsb. f. 56. a. Lin. 1. Godwin and his Sons banished commanding their appearance with twelve Attendants only they refuse to appear before their Adversaries without Hostages yet deny not to disband their Souldiers or consign or make over their Service to the King or in any thing else to obey the King that might be agreeable to their Honour and Safety this answer not satisfying the King Godwin and his Sons by Edict within five days was to depart the Land who perceiving his numbers falling off readily obeyed and with his Wife Gytha and three Sons Swane Edward the Confessor A. D. 1052. Tosti and Girth passed over into Flanders to Earl Baldwin whose Daughter Judith [2.] Brompt col 943. Edward sends his Queen into a Nunnery Tosti had married his Sons Harold and Leofwin taking Ship at Bristol passed over into Ireland They depart into Flanders Edward pursuing his anger against Godwin put away his Wife Edith his Daughter and
with one Maid only sent her to the Nunnery of Warewell to be kept there by the Abbess [3.] Ingulph Hist 510. b. William Duke of Normanâ—y comes into England An. Dom. About this time William Duke of Normandy with a great train of Followers coming into England was honourably entertained by Edward and had many of the Cities and Castles shewn unto him although at that time there was no discourse of Succession between them after some time spent liere being richly presented he returned home Emme the Mother of Edward died and was buried at Winchester A. D. 1052. Emme King Edward's Mother dies She undergoes Fire-Ordale See the Glossary in the word The Crimes objected to her Godwin in the Life of Robert Archbishop confutes this Story and argues it of falshood p. 80. and makes it appear idle who for all her great Vertues escaped not the Malice of her Enemies although she either fortunately or miraculously if the Story be true escaped burning by Fire-Ordale Her chief Enemy was Robert Archbishop of Canterbury the Crimes objected were her consenting to the death of her Son Alfred that she had a greater affection for her Danish than English Children and Incontinency with Alwine Bishop of Winchester but having blindfolded and barefooted passed and stepped over and between nine Plough-shares red hot without hurt or burning not touching any of them in the presence of her Son and many of his Peers by her thankful and humble demeanor toward God and the World she recovered the good opinion of King and People [4.] Sim. Dunel A. D. 1052. Godwin and his Sons infest the Coasts and come up the Thames And draw together a Land-Army The K. marched towards them with his Army During their Exile Godwin and his Sons much infested the Coasts of England in the West and South at last Harold joyning with his Father came up the Thames toward London with their Fleet where a Land Army of Londoners and Country-men out of their several Earldoms met them at Southwark which by their Agents and Emissaries under many fair Pretences and Suggestions they had drawn together the King being then in London marched and advanced his Army and Fleet against Godwin's the Fleets being placed on the contrary sides of the River and the Armies on the contrary Banks the chief men on both Parties being English had no great Stomachs to fight one against the other but rather thought it more Prudence to mediate between the King and Godwin The Differences composed without Battle Eadmen fol. 4. which they did and brought them to an accommodation But the King suspecting Godwin's Subtilty and Instability would not consent to Peace before Wulnoth the Son of Godwin and Hacun the Son of Swane were delivered Hostages for his good behaviour to William Duke of Normandy Godwin and his Sons restored and then he and his Sons were restored to all their former Rights and Enjoyments except Swane who troubled in Conscience for the Murther of his Kinsman Beorn went to Jerusalem Bare-foot and in his return died Edward also received his Queen Edith Godwin's Daughter in the same Dignity she was before This done the Normans who had given the King ill Council and under his Authority done many unjust things [5.] John â—rompâ—on Robert Archbishop of Canterbury The Normans banisâ—â—d William Bishop of London Vls of Dorcester c. were banished the Realm [6] Bâ—pt col â—4â— A. D. â—0â—3 Edw. Con â—â— Robert Archbishop died beyond Sea but William for his excellent goodness a little while after was recalled from banishment and restored to his Bishoprick Soon after Earl [7.] Sim. Dunelm A. D. 1053. Godwin diâ—s Eadmer fol. 4. Fol. 510. b. n. 30 40 Godwin sitting with the King at Table taken Speechâ—ess sunk down suddenly in his seat as dead his three Sons Harold Tosti and Girth carrying him into the King's Chamber in hopes he might revive but the fifth day after he died By Ingulph and others 't is storied that Edward as he sat at Table reproving him for the death of his Brother Alfred he took a Morsel and wished it might choak him if he were guilty with which endeavouring to swallow it he was choaked And his 8. Earldom of Kent and West-Saxony was given to his Son Harold and his to Algar Son of Leoâ—ric Macbeth vanquished by Siward Earl of Northumbâ—r Siward the stout Earl of Northumberland by the King's order made an Expedition into Scotland vanquished the Tyrant [9.] Sim. Dunelm A. D. 1054. Macbeth and made Malcolme Son to the King of Cumberland King of Scotland within two years after this great action Siward dies and Tosti Brother to Harold was made Earl of [1.] Ingulph ut sup A. D. 1056. Earl Algar banished recovers his Earldom by assitance of Griff. King of Wales Northumberland About this time Earl Algan was banished without a cause but invading England with the assistance of Griffin King of Wales he was restored to the King's favour [2.] Sim. Dunelm A. D. 1057. Edward first Son of Edmund Ironsides sent for into Hungary A. D. 1058. Ingulph Hist 511. a. Algar is banished and again recovers his Earldom King Edward now sent into Hungary for his Nephew Edward Son to Edmund Ironside who as he was right Heir to the Crown so he intended to make him his Successor but he died not long after he came into England in this year good old Leoâ—ric commonly stiled Earl of Leicester but indeed Earl of Mercia died a wise and prudent man and Algar his Son succeeded him in his Earldom whom Edward banished the second time but again by the aid of Griffin and a Fleet from Norway by force recovered his Earldom in the year following he dies and leaves Edwin and Morear his Sons [3.] Sim. Dun. A. D. 1063. 1064. Ingulph A. D. 1063. Griffin King of Wales overcome by Harold The Welch under the conduct of Griffin their King invade and harass those parts of England next Wales but vanquished and overcome by Harold and his Brother Tosti at the King's appointment they submit and promise to pay Tribute depose and kill their King [4.] Ingulph A. D. 1065. Fol. 511. b. n. 30. Edward gives Wales to Griffin's Brother's Blechgent and Rithwalan who swore Fidelity to him by Harold his Representative promising all ready Service by Sea and Land and to pay whatever used to be paid to the Kings of England Tosti returning into Northumberland which was then accounted all that part of England beyond Humber Northwards used the People severely and [5.] Sim. Dun. A. D. 1069. The Northumbrians Tumult against Tosti Harold sent to appease them imposed high and grievous Taxes upon them committing many Out-rages the People run to Arms beset his Palace kill his Souldiers and Servants Plunder it and force him to fly for his life thus urged by danger and Tumult Tosti Petitions the King to send his Brother Harold and others to hear
three four Marks c. as will appear in the Sequel of this History He brought the Clergy under subjection Nor did he think himself secure only by having all Persons in Secular Authority his Dependants and at his Command but he brought the Clergy also Arch-Bishops Bishops Abbats and all Degrees of that Function under his subjection [1.] Mat. Paris fol. 7. n. 10. And the Church Lands under Military Service And Quartered Soldiers in their Monasteries for he put the Bishopricks and Abbies which had Baronies that is great Possessions and were before free from all Secular Service under Military Service and according to his will and pleasure appointed how many Knights or Soldiers they should find in time of War and chased out of the Kingdom many Ecclesiasticks that opposed his evil Constitution nor did he only charge their Lands with the Tenure of Knights Service but also Quartered Soldiers [2.] Ingulph Croyl n. 40. which he had hired in France Almain and Spain in all Monasteries of England in Croyland Abby he Quartered six Milites or Knights and twenty eight Cross-bow-Men that shot Stones and Darts out of * Ballistarii Cross-Bows or perhaps the Officers of the Steel-Bow-Men or Directors of the Management of the great Brakes or Engines with which they battered Walls in the Monastery of Ely after the Isle was reduced were placed forty whereof Bellassis Governor at least of the old Fort called now by the Country People Belsars-Hills if not General of the Forces against the Island was one and thirty nine more all Officers or Men of Account as by their Names and Arms appeareth in a Parchment Roll in the Custody of the Bishop of Ely made in the time of Robert de Orford Bishop of Ely who was [3.] Godw de Presul Angl. p. 318. Consecrated 1302. and died 1309. Nor did he think this enough to restrain the power of the Clergy [4.] Anno Domini 1070. who then bare the chief sway in the Government but by Advice of William Fitz-Osbern Earl of Hereford and others of his Council he searched the [5.] Florent Wigorn. f. 636. He Rifles the Monasteries Monasteries of all England and took away the Money which the richer sort of English had secured there fearing his Austerity and Ravages and commanded it to be carried into his Treasury [6.] Fol. 7. Mat. Paris says he robbed all the Monasteries of their Gold and Silver and spared not their Shrines and Chalices Nor yet did he think himself sufficiently secured from the great power of the Clergy in that Age [7.] Eadmer fol. 6. n. 10. He brought in the Norman Laws and made Norman Bishops in England All things were done according to the Conquerors Pleasure until having brought into England the Laws and Usages which he and his Fathers were wont to observe in Normandy he had made such Men Bishops Abbats and chief Rulers through the whole Land as might be thought very unworthy if in all things they submitted not to his Laws or should in any wise oppose him and therefore all Divine and Humane Matters were ordered according to his Will and Pleasure To this purpose there was a great Council held at Winchester eight days after Easter at the Command of the King he being present and with the Consent of Pope Alexander by his Legates Herminfrid Bishop of (n) Sedune now by the Germans called Sittes and the French Sion and the Country about it Sionois it is seated upon the River Rosne before it falls into the Lake of Geneva Sedune and two Priests Cardinals of the Apostolick See [8.] Florent Wigorn f. 636. An. Do. 1070. A Council at Winchester wherein Stigand was Deposed John and Peter producing his Authority In this Council Stigand Archbishp of Canterbury was Deposed for three Causes to wit because he unjustly possessed the Bishoprick of Winchester with the Arch-Bishoprick and because he invaded the Arch-Bishoprick while Arch-Bishop Robert was living and used his Pall which remained at Canterbury in Celebrating Mass when by force he was unjustly put out of England and received a Pall from Benedict whom the Roman Church had Excommunicated for that by Money he had invaded the Apostolick See [9.] De Gest Pontif. fol. 116. b. Malmsbury says with these two Bishopricks he also possessed many Abbies who in this as he conceived did not commit a Sin of Judgment but Error for that he was a very illiterate Man as were almost all the Bishops of England at that time [1.] Florent Wigorn. ut supra Agalmar Bishop of East Angles and some Abbats Deposed In this Council also Agalmar Brother of Stigand Bishop of East-Angles his Seat being then at Elmham was Deposed and some Abbats The King promoting that work that he might put into their places Men of his own Nation for the confirmation of his new Conquered Kingdom [2.] Ibidem Others were kept in Prison all their Lives He also kept in Prison some Bishops and Abbats all their Life time without any evident Cause [3.] Ibidem Agelric Bishop of the South Saxons turned out and imprisoned without fault He makes his own Chaplains Bishops being neither condemned by any Councils or Secular Laws meerly out of Jealousie and suspicion of the safety of the Kingdom On Whitsunday the King gave the Arch-Bishoprick of York to Thomas Canon of Bayeaux in Normandy and the Bishoprick of Winchester to Walkelin his Chaplain and on the Morrow by his Command Herminfrid the Bishop of Sedune the Cardinals being returned to Rome held a Synod in which Agelric the Bishop of the South-Saxons was not Canonically Deposed whom the King imprisoned at Malborow without any fault There were then also to use the Authors own Phrase very many Abbats degraded The Conqueror gave to his Chaplanes Herfastus the Bishoprick of East-Angles and to Stigand the Bishoprick of the South-Saxons and gave the Abbies to his Norman Monks [4.] Eadmer fol. 6. n. 20. No man to acknowledge the Bishop of Rome for Pope without his Command He would not suffer any one in his Dominions to acknowledge the Bishop of Rome for Pope without his Command nor to receive any Letters from him unless they were first shewn to him [5.] Ibidem The Arch-Bishop might not appoint or prohibite any thing without his Leave The Arch-Bishop might preside in any Council but he would not permit him to appoint or prohibit any thing but what he pleased and such things as were first Ordained by him [6.] Ibid. n. o. His Barons without his Command not to be impleaded He would not suffer any Bishop to implead and Excommunicate any of his Barons all such as [7.] Sâ—ld not in Ead. f. 168. held immediately in Capite or Officers for Incest Adultery or any heinous Crime unless by his Command * But notwithstanding the Conquerors Stoutness and Resolution in these matters by his admission of the Popes Legats for the purposes above
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
Arch-Bishop Anselme in relation to Ecclesiastick Power and Jurisdiction [4.] Eadm fol. 14. lin 1. Rufus kept not the Promises he made to Lanfranc he brake many of the Promises he made to Arch-Bishop Lanfranc before and at his Coronation yet while he lived he abstained from many things though against his will and inclination [5.] Ibid. n. 10 20 30. but after his death which happened [6.] Flor. Wig. fol. 644. He let to farm Bishopricks and Abbies May 24. 1089. he kept the Bishopricks and Abbacies as they fell void in his own hands or let them to Farm and took the Profits of them to his own use allowing the Monks just so much as would maintain them amongst others the Church and Arch-Bishoprick of Canterbury and Revenues thereof was then possessed and disposed of by the King to Secular uses [7.] Eadmer fol. 15. n. 30. which much troubled the Clergy and many of the Nobility that the Commune Mother of the Realm should be so long void of a Pastor At length the [8.] Ibidem fol. 16. n. 10 20 30 40. King falling Sick and being very Penitent made great Promises of ease and satisfaction to the Clergy and Nobility and being much pressed by them to make an Arch-Bishop of Canterbury he consented and enquired after a Person worthy of that Honour and Office They all perceiving the Kings inclination cried out with one accord (k) He was born in Ausburg in Germany and was first a Monk and then Abbat of the famous Monastery of Bec in Normandy [1.] Onuphr Chron Pont. Rom. An. 1080. At this time there were two [1.] Onuphr Chron Pont. Rom. An. 1080. Popes Guibert or Wibert Arch-Bishop of Ravenna called Clement the Third who was created by the means of the Emperor Henry the Fourth Anti-Pope to Gregory the Seventh Victor the Fourth Vrban the Second and Paschal the Second he was buried in the Cathedral of Ravenna Anno Domini 1101. and not long after by the Command of Paschal the Second his Body was taken up and burnt Abbat Anselme was the most worthy who brought to the King that he might receive the Investiture of the Arch-Bishoprick from his hands by the Pastoral Staff refused it affirming it might not be done [1.] Eadmer fol. 18. n. 10. Bishop Anselm pressed to accept the Arch-Bishoprick yet after very importune perswasions and pressures by the Bishops and Nobility he suffered himself to be with great Applause elected Arch-Bishop [2.] Ib. n. 40. An. Do. 1093. and had investiture of all things belonging to the Arch-Bishoprick both within it and without it on the Sixth of March 1093. But [3.] Ibidem fol. 19. n. 50. He demands Restitution of the Lands belonging to the Church of Canterbury before his Consecration he demanded of the King to restore all the Lands belonging to his Church which his Predecessor Lanfranc was possessed of without any Suit or Controversie and that he would consent he should have right done him concerning such Lands as had been in the possession of the Church and were then lost and not recovered [4.] Ibidâ—m fol. 20. lin 1. c. n. 10 20. He demands of the King to rest in his Advice in the things that pertain to God and â— Christianity He declares he had acknowledged Pope Vrban He also demanded of the King to rest in his Council before others in those things that pertain to God and Christianity and as he would have him for his Terrene Lord and Protector so the King would have him his Spiritual Father and Overseer of his Soul Also concerning (l) The other Pope at this time was [2.] Ibidem Anno 1088. Vrban a Frenchman Bishop of Ostia and acknowledged by the French and Italians he was created Pope at Terracina in Italy in March 1088. and died at Rome in August 1099. and was buried in St. Peters Church there Vrbane Bishop of Rome who the King had not yet received as Pope he said he had received him as such and should yield him all due obedience and subjection and gave him notice of it that no Offence or Scandal might arise about it for the future [5.] Ibidem n. 20 3â— The King loath to restore all the Lands The King was loath to restore all Lands but would have reserved such Lands of the Church [6.] Eadmer fo 20. n. â—0 as he after the death of Lanfranc had given to his Courtiers for particular Services and would have had Anselme consented that they might have holden them by Hereditary Right [7.] Ibidem Anselm would not consent to the alienation of any of the Church Lands but Anselme could not be brought to consent that the Church should be any ways spoiled of its Lands or Rights Hence arose the first difference [8.] Ibidem The cause of the first difference between the King and Lanfranc between the King and him about his Dignity Bishoprick and Prelatship which remained undermined during the Kings Life yet at present being urged by the [9.] Ib. n. 30. Clamour of all Men concerning the ruine and destruction of Churches A Council of the Nobility at Winchester Arch-Bishop Ansâ—lm did Homage to the King he held a Council of his Nobility at Winchester and by many great Promises of what he would do for the Church of God he perswaded Anselme to take upon him the Primacy of the English Church who induced by the Example of his Predecessor according to the Custom of the Land [3.] Eadm fol. 20. n. 30. Homo Regis factus est did Homage to the King as Lanfranc had done in his time and it was Commanded he should have seizen of the whole Arch-Bishoprick After [4.] Ibid fol. 21. lin 4. which going to take possession of it Thomas Arch-Bishop of York and all the Bishops of England met at Canterbury where he was Consecrated the Fourth of December 1093. [5.] Ibidem fol. 21. n. 30 40. fol. 22. n. 10. The King went into Normandy to take it from his Brother At that time the King endeavouring to take away Normandy from his Brother Robert wanted a great Sum of Money to accomplish his design and the new Arch-Bishop offered him 500 l. towards his Expedition which the King refused expecting at least twice so much And the King [6.] Ibid. fol. 24. n. 10 20. He presseth the King to restore the Church to its Pristine State preparing for his Voyage he expostulates with him about restoring the Church to its Pristine State and Condition which was lost and for the making Abbats in the Monasteries that were void [7.] Ibid. fol. 25. n. 10 20. Anselm falls from the Kings favour The King refuseth his Prayers and Blessings The King returns out of Normandy without success but would part with no Money not what he once offered although pressed by other Bishops saying he had given the greatest part of it to the Poor whereupon he fell from the
Kings favour who neither respected him as his Spiritual Father or Arch-Bishop and utterly refused his Prayers and Blessings At the Kings return into England after the expence of a vast Sum of Money without effect [8.] Ib. n 30. Anselm would go to Rome for his Pall. Anselm went to him to let him know his intention of going to the Pope to demand his Pall. The King asked him from which Pope he would require it [9.] Ibidem n. 40 50. The King is not willing he should No Pope to be owned without the Kings Licence he answered him from Vrban to which the King replied that as yet he had not acknowledged him Pope neither had it been the Custom in his or his Fathers time that any one in the Kingdom of England should nominate or accept of a Pope without their Licence or Election and whosoever should take from him this power did the same thing as if he should endeavour to take away his Crown Anselm wondring at these things rehearsed what before he had said to the King at Rochester That while he was Abbat of Bec he had recognised Vrban Pope and that he would not by any means depart from his obedience and subjection which words very much [1.] Ibid. fol. 26. lin 1. moved the King so as he protested that the Arch-Bishop against his will could not keep the Faith he ought to him and Obedience to the Apostolick See [2.] Ibidem A Council of all the Bishops Abbats and great Men of the Nation Anselm therefore desired a Council or Convention of the Bishops Abbats and all the Great Men of the Nation for the determination of this Question Whether he might saving his Revenue and Obedience to the Apostolick See keep his Faith to a Terrene King Which [3.] Ibidem n. 10. was granted and almost all the Nobility of the whole Kingdom met at Rockingham in the Church within the Castle the Eleventh of March by the Kings Order and Decree for the ventilateing of this Cause In which Convention Anselm made a Speech [4.] Ibidem n. 20 30 40. c. recapitulating how hardly he had been drawn to accept of the Arch-Bishoprick and only by their perswasion and that he had told the King he could not one hour depart from his Obedience to Pope Vrban and then with much perplexity urging the difficulty of his bearing Faith to both King and Pope asks the Bishops Advice in the presence of the Great Men who [5.] Ibidem fol. 27. n. 10 20 30. The Bishops advise Anseâ—m to obey the King in all things Anselms Speech to the Bishops and Great Men. unanimously advised him to submit and obey the King in all things But he told them since he gave him their Prince Counsel only according to the will of one Man meaning the King he would apply himself to the chief Pastor and Prince of all Men and would follow what Counsel he should receive from him in the business of his own Church Because it was said to Peter Thou art Peter and upon this Rock I will build my Church and the Gates of Hell shall not prevail against it and to thee I will give the Keys of the Kingdom of Heaven and whatever thou bindest on Earth shall be bound in Heaven and whatever thou loosest in Earth shall be loosed in Heaven So also to all the Apostles in Commune it was said He that hears you heareth me and he that despiseth you despiseth me and he that toucheth you toucheth as it were the Pupil of my Eye And as things were taken to have been principally said to St. Peter and in him to the rest of the Apostles so we hold the same to be principally spoken to the Vicar of St. Peter and by him to the other Bishops Successors to the Apostles not to any Emperor King Duke or Count. Yet we are also taught in what things we ought to be subject to Temporal Princes Give unto Caesar the things that are Caesars and the things that are Gods unto God These are the Words these the Counsels of God these I approve these I receive from these I will not depart Wherefore ye shall all know in general that in the things that belong to God I shall yield Obedience to the Vicar of St. Peter and in those that of right belong to the Terrene Dignity of My Lord the King I will give faithful Counsel and assistance according to my utmost skill and power With this Discourse he [6.] Ibidem fol. 28. lin 8. distracted the thoughts and brake the unanimity of the Bishops and Great Men yet they urge him again [7.] Ibidem n. 20. that he knew the whole Kingdom complained against him that he endeavoured to take away the Crown from their Commune Lord [8.] Ibidem The Bishops advise Anselm to relinquish Vrban and submit to the King for whosoever takes away or destroys the Customs of Regal Dignity takes away both Crown and Kingdom and withal advise him to quit his subjection to Vrban and wholly submit himself to the Will of the King He gave them the hearing of these things but would in no wise deny his Obedience to the Pope This troubled [9.] Ib. f. 29. n. 40 50. The Bishops grow saint in the Kings Cause the King but much more when the Bishops by his perseverance grew faint and cold in this Affair and especially one of his chief Champions William Bishop of Duresme plainly affirmed nothing could be brought to enervate the Reasons of Anselme being founded upon the Word of God and Authority of St. Peter yet he [1.] Ibidem The King advised to take away Anselms Staff and Ring advised to oppress him by Violence and if he would not submit to the Kings Will to take away his Staff and Ring and Banish him the Kingdom [2.] Ibidem That Advice pleaseth not the Great Men. This Advice pleased not the Great Men to whom the King said If this don't please you what will And adds While I live I will not suffer an Equal in my Kingdom Notwithstanding the Courage of the King he so far gained [3.] Ibidem fol. 30. n. 10 20 30. Anselm baffled the Bishops by urging the Popes Authority and his own ovâ—r them upon the Bishops by urging the Popes Authority over him and his over them that they told the King they were sorry they were not able to satisfie him for being Primate not only of England but also of Scotland and Ireland with the adjacent Isles and they his Suffragans they could not reasonably Judge or Condemn him although he was faulty After much Debate in this matter [4.] Ib. fol. 31. n. 40 50. it was referred to a further Hearing until eight days after Whitsunday In the mean while the King Banished Baldwin a Monk Anselms chief Counsellor and two of his Chaplains which much afflicted and troubled him [5.] Ib. fol. 32. n 20. 30. During this Truce or Respite of
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 seâ—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. 3â— 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
Adeliâ— abovesaid and in her right Earl of Mellent now Meulant seated as above said Earl of Mellent was [6.] Ord. Vit. fol. 783. A. B. the Sunday after Crowned in the Church of St. Peter at Westminster by Maurice Bishop of London Three if not four of these Historians were living and in all probability Writers at the time of this Transaction and they all agree in the time of King Williams death Henry's invading the Throne and his Coronation They all likewise agree that he promised [7.] In loc 〈◊〉 to destroy all evil Customs and remove all unjust Exactions to restore the Church to her Liberties and King Edwards Laws with such Emendations as his Father had altered or mended them Which Grants [8.] Eadm fol. 55. n. 40. were drawn into the form of Letters or a Charter and being Sealed with his Seal [9.] Flor. Wig. ut supra King Henry his Charter the day he was Crowned were by his Command published all the Kingdom over This whole Charter is to be found in * F. 55. n. 40. Mat. Paris and is recited in the Answer to Argumentum Antinormanicum with an Exposition upon it Immediately after the Coronation [1.] Eadm fol. 55. n. 30. Arch-Bishop Anselm called from Exile The King submits to him the King and great Men dispatched away a Messenger to Arch-Bishop Anselm then in Exile at Lyons in France inviting him to return into England with what speed he could The King in his Letters adding his Prayers and Wishes for the same promising to subject himself and his Kingdom to his Counsel and Government He landed at Dover the Twenty third of September following to the exceeding great joy of the whole Nation of whom more afterwards Only this shall be here noted of him That not [2.] Ibid. fol. 56. n. 30 40 c. long after his return the Cause of Maude Daughter of Malcolme King of Scotland with whom the King was in Love whether she might lawfully Marry or not was discussed The Case of King Henry's Queen The reason of the doubt was for that she had been Educated in a Monastery amongst Nuns from her Infancy whereupon it was thought by many that had seen her amongst them Veiled that her Parents had offered her to the Service of God This was put to the determination of Anselm alone but without the approbation of a Council he would determine nothing And therefore he calls [3.] Ibidem fol. 57. n. 10. A Council at Lambeth The Lust and Luxury of the Normans the Bishops Abbats Nobles and Men of Religious Orders together at Lambeth where she confessed that indeed she was Veiled against her will and took that Habit upon her to preserve her Chastity from the furious and tempting Lust of the Normans which she proved by sufficient Witnesses and that not only she but many other Matrons and Virgins when the great William first Conquered this Land went into Monasteries and Veiled themselves that they might thereby be protected from the Nefarious Lust of his Followers who puffed up with so great a Victory thought all things subject to their Will and Luxury and that they might not only seize the Estates of the Conquered but also ravish Matrons and Virgins when they had opportunity Upon which Allegation and Proof by Judgment of the Council and Anselm [5.] Ibid fol. 58. n. 10 20. Ran. Bishop of Durham imprisoned she had the lawful liberty of her Body allowed and that according to the Law of God she might Marry and soon after was joyned in Marriage to King Henry He began his Reformation of the Nation with imprisoning [6.] Flor. Wig. fol. 650. He makes his escape and flies to Duke Robert and persuades him to invade England Ranulph Bishop of Durham the great Instrument of his Brothers Oppressions and Exactions in the Tower of London from whence after Christmass he made his escape and passed the Sea to Duke Robert who had returned into Normandy [7.] Ord. Vit. f. 784. B. in September preceding and perswaded him to Invade England And very many of the chief Men thereof [8.] Flor Wig. ut supra sent Messengers to him to make haste and come thither promising him the Crown and Kingdom And [9.] F. 88. a. n. 40. These were all Normans by birth Most of the great Men of England favoured Robert Duke of Normandy Malmsbury reports of all the great Men of this Nation there only remained faithful Robert Fitz-Haimon Richard de Râ—dvers Roger Bigod Robert Earl of Mellent with his Brother Henry all others privily favoured Robert and would have had him King or openly reproached and contumeliously used Henry In the Solemnity of Pentecost there was a warm [1.] Eadm f. 58. n. 50. The King and they suspect one another Report that Robert was coming for England which much moved the Court and inclined the Minds of many some one way some another The Chief Men suspected the King and he them They him that having obtained Peace he might urge them with severe Laws And he them lest they should desert him and set up his Brother In this difficulty [2.] Ibid. fol. 59. lin 4. Anselm reconciles them Ibid. n. 10. Duke Robert Lands at Portsmouth The great Men prepare to go to him Anselm was such a Mean between them and the King that he promised to govern by Holy and just Laws In this they rest satisfied believing themselves secure The King hearing of his Brothers Preparations raised a great Army and was resolved to give him Battle Anselm with his Friends in this Army watched diligently about the King yet so soon as it was noised that Duke Robert was landed at Portsmouth forthwith the great Men of the Kingdom unmindful of their Engagements prepared to march to him and leave the King [3.] Eadm ut supra n. 20. King Henry fears the lost of his Kingdom and Life He makes great Promises to Anselm of Obedience to the Church and Pope of which Anselm having certain notice was grieved and was the more earnest to prevent any ill that might befall him The King not only suspected the loss of his Kingdom but of his Life and could trust none but Anselm whence he came often to him and brought with him such great Men as he feared that by his Speeches they might be terrified and kept steady to the faith they had engaged and he relieved from his fear And then the King promising to Anselm that he should freely exercise the Ecclesiastick Laws and Discipline and that ever after he would be Obedient to the Decrees and Commands of the Apostolick See Anselm fixeth the great Men to King Henry He called together the great Men and urged upon them and the whole Army how execrable a thing it was for them to violate their Faith given to the King by which Discourse he changed their Minds and they resolved rather to lose their Lives than revolt from him and it was
from his Fidelity and Industry that Henry at that time lost not the Kingdom of England And Robert failing in the trust reposed in the great Men and fearing to be Excommunicated by Anselm as an Invader made Peace with his Brother and dismissed his Army Florence [4.] Fol. 650. lin 27. of Worcester says as above that very many of the great Men sent for Duke Robert over and promised him the Crown and Kingdom and coming they did some of them adhere to him and others dissembling their Kindness and Affection to him staid with the King But the Bishops Common Soldiers or Stipendiaries and English remained with him being unanimously ready to fight for him The two Brothers are reconciled by the Mediation of Wise Men. The Terms of Peace At which time the Wise Men on both sides consulted together and by their Mediation made Peace between the Brothers on these Conditions That Robert should yearly receive 3000 Marks and that all such as had their (d) In the Latine Honores suos which signifies strictly the Seat and Head of the Earldom or Barony but generally Earldoms Baronies and Honourable Estates Earldoms and Baronies taken from them in England for their Fidelity to the Duke and all those that had the like Estates taken from them in Normandy for their Fidelity to the King should have them again freely without Compositions Ordericus Vitalis gives a third Relation of this Transaction In the year of our Lord [5.] Fol. 785. An. Do. 1101. says he 1101. the Seditious great Men fearing the Magnanimity of King Henry and loving the easiness of Sloathful Duke Robert sent to him that he would suddenly provide a Fleet to transport himself [6.] Ibidem fol. 786. A. that is to say Robert de Belism his two Brothers (e) He was so called because [9.] Malms f. 88. b. n. 30. Rogerus Pictaviensis who he was Domesd in iisdem Comitat. His great Estate he Married a Poictovis Woman and was the same Roger Pictaviensis who in the Conquerors Survey is said to have possessed all the Lands between the Rivers Rible and Mersey in Lancashire and so much more as made 188 Maners in that County 76 in Yorkshire three in Essex 59 in Suffolke 11 in Nottinghamshire seven in Derbyshire 10 in Norfolke 44 in Lincolnshire in all 398. Roger the Poictovin and Arnulph William de Warrenna Earl of Surrey and Walter Giffart Ivo de Grentemaisnil Robert the Son of Ilbert and many others who first privately entred into a Confederacy and then publickly advanced the Dukes Title Anselm the Arch-Bishop and all the Bishops and Abbats and all the Clergy and English adhered to their King as also did Robert Earl of Mellent and others [7.] Ib. 787. B. Aug. 1. In Autumn Robert landed at Portsmouth where he was received of the Nobility who had long since done him Homage The two Brothers remained with their Forces in a [8.] Ibid. fol. 788. A. B. C. Plain some days and there was daily an Intercourse of Messengers between the Noblemen on both sides without effect At length only the two Brothers by consent without any Assistants met between the two Armies and after some Discourse agreed That Robert should quit his Claim to England and release the Homage his Brother had done to him in respect of the Royal Dignity That Henry should yearly pay to him 3000 l. Sterling and render up to him the whole Country of Constance and all he possessed in Normandy except Damfront They also then agreed upon mutual Assistance and that they should resume all their Fathers Lands and Demeasns And lastly That they should equally punish the Fomenters of Discord and Contention on both sides After this Agreement the Duke staid here two Months and then he returned and with him William de Warrenna and others that had lost their Estates in England for his sake Not long after [1.] Ord. Vit. f. 804. C. D. The Duke mediates for the Restitution of the Earldom of Surry to William de Warrenna The King rebukes him for it William de Warrenna made a sad Complaint to the Duke that for his Cause he had lost his Earldom of Surrey of the yearly value of 1000 l. and prevailed with him to come over into England to mediate with the King for the Restitution thereof But moving him in this matter he upbraided him with breach of the Peace for not bringing Publick Traytors to Punishment and not exercising a due severity upon Turncoats telling him he had that very year kindly received Robert de Belesin and given him his Fathers Possessions the Castle of Argentoile the Bishoprick of See's and the Forest of Golfer [2.] Ibidem fol. 805. A. Duke Robert releases the Annual payment of 3000 l. The Earl of Surry is restored To all which was charged upon him the Duke humbly promised amendment and at the Instance of the Queen he released the Annual payment of 3000 l. whereupon the King was reconciled to him renewed the former Peace and restored William de Warrenna to his Earldom who ever after remained faithful to Henry and was numbred among his chiefest Friends After King [3.] Ord. Vit. fol. 787. B. 804. C. Henry had made Peace with his Brother and was confirmed in his Kingdom he began by degrees to punish such Traytors as deserted him and adhered to and invited over Duke Robert He summoned to Trial Robert Mallet Ivo de Grentemaisnil Several Traitors summoned to Trial. Robert de Pontefract the Son of Ilbert Lacey and Robert de Belism the greatest of them all with many others yet not all at once but severally at divers times and after divers ways he impleaded them as guilty of violation of their Faith Some were Fined others lost their Estates Some of them that could not purge themselves of the Crimes wherewith they were charged he condemned in great Sums of Money and from others which he most feared and suspected he took away their Estates and banished them When the mighty Earl [4.] Ibidem fol. 806. A. An. Do. 1102. Robert de Belism summoned to Trial. Robert de Belismo was summoned to the Kings Court there were objected to him forty five Crimes in Words and Deeds committed against the King and his Brother the Duke of Normandy and he was Commanded to Answer openly to every one of them for the King by the space of a year had set Spies upon him who observed and committed to Writing all his oblique Actions He being thus charged asked leave He flies to his Castles as the Custom was to go to Counsel with his Friends and having obtained it knowing he could not purge himself of the Transgressions objected to him in great fear he fled to his Castles while the King with his Barons were expecting his Answer The Kings Serjeant came and informed them that Robert had made his escape The King issues a Proclamation against him to appear He fortifies his Castles
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 Româ— 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 Hâ—nry the confirmation of all his Fathers and Brothers Customs and Usages by Authority of the Apostolâ—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
some time Anselm received at Lions Letters from the King by Everard a Monk of Canterbury wherein the King owned that he did direct William to tell him that he was not to come into England unless he would promise to observe toward him all the Customs of his Father and Brother The [4.] Ibidem f. 78. n. 30 40 50. King again sends Messengers to Rome to try if they could prevail with the Pope to command Anselm to submit to the King but he was so far from it that he [5.] Append. n. 25. An Do. 1104. Anselm Excommunicates the Kings Counsellors Excommunicates by the Judgment of the Holy Spirit as he says all the Kings Counsellors and particularly Robert Earl of Mellent for advising the King to insist upon and put in practise his Rights of Investiture and those likewise which were invested by him but the Sentence against the King was [6.] Ibid. fol 78 n. 20. respited until further Consideration At length [7.] Ibidem fol. 79. n. 20 30 40 50. Anselm visits the Countess of Blou Anselm came from Lions to the Priory of St. Mary de la Charite upon the River Loire a Cell of Clugny where he understood that Adala Countess of Blois the Daughter of great King William lay sick at that Castle thither he goes to visit her who had been very kind and magnificently liberal to him in his former Exile as being an Holy and Religious Man and one that she had under God chosen to be the Director of her Life When he came to her he found her recovered of her Sickness and staying some days in the Castle wherein they had frequent Discourses she asks him the cause of his coming into France He told her it was to Excommunicate her Brother Henry King of England for the injury he had done to God and him above two years Which when she heard she grieved vehemently as the Monk says that her Brother should be damned She endeavours to reconcile the King and Anselm and intended to try if she could reconcile him to the Arch-Bishop To which purpose she desired him to go with her to Chartres The King [8.] Ibidem fol. 80. n. 10 20 30. The King dreads Anselms Excommunication was then in Normandy and when he had heard by Messengers from the Countess that Anselm was come into France and the reason of his coming he presently considered how to divert him from his purpose Therefore advising with his Friends he by Messengers requested the Countess that she would bring him into Normandy that he might speak with him promising he would for Peace sake condescend to many things he stood upon formerly They met all three on the Twenty second of July at Aquila Castle An. Do. 1106. The King and Anselm reconciled now l'Aigle and there the King after some Discourse had with them re-invested Anselm of all his Profits of his Bishoprick and they entred into their old Friendship And it was further urged by some who were earnest in that particular that he might return into England the King consented so as he would not withdraw his Communion from such as he had Invested or such as had câ—nsecrated them Anselm would not comply with the Kings desires But he chose rather to stay out of England than to submit to this Condition until such as by agreement between them were sent to Rome for a determination in this point and some others they could not then settle were returned Upon [9.] Ibidem n. 20 40. Many Designs formed against King Henry upon supposition he would be Excommunicaâ—ed the common Fame that King Henry was to be Excommunicated many designs were laid against him in England France and Normandy as not being then overmuch beloved and it was not doubted but after his Excommunication they might take effect yet by this Agreement they were all frustrated With which the King seemed mightily pleased and promised Anselm his Messengers should make such haste as he should be in England at his Court at Christmass The Kings [1.] Ibidem fol. 83. n. 20 30 4â— 50. Envoy to Rome was William Warlewast and the Arch-Bishop's was Baldwin a Monk While these were gone about the Consummation of the Agreement the King went into England to recruit his Army and furnish himself with Money King Henry used great Exactions to raise Money in the Collecting whereof he used cruel Exactions upon all Men. Those that had not Money to pay were either thrust out of their Houses or had their Houshold-Stuff sold But not having raised a sufficient Sum as he thought he fell upon the Clergy Especially upon the Clergy In the Council of London the Priests and Canons of England were forbidden the company of Women They many of them violated the Interdict either by retaining or re-taking their Wives or Women for this fault the King caused his Ministers to implead them and take the Money due for the Expiation of it But his Exactors finding the Sum this way raised to be less than they expected set a certain Sum upon every Parish Church and forced the Incumbent or Curate to pay it The Arch-Bishop [2.] Ibidem fol. 84. n. 10 20. The Bishops fall from the King of York and many other Bishops that were always firm to the King against Anselm provoked with these Actions wrote [3.] Append. n. 26. to him to come into England and use his power to relieve them and the Nation He wrote [4.] Ibidem n. 40. back to him that until the Messengers returned from Rome he could not help them not knowing till then what his power might be And withall [5.] Append. n. 27. wrote to the King That it belonged not to him to exact the Punishments and take the Forfeitures of such Priests who had not observed the Precept of the London Council For that it was never heard of in any Church of God that any King or Prince ever did so for it belonged to the Bishops in their several Diocesses and in case of neglect by them to the Arch-Bishop and Primat Several Letters [6.] Ibidem fol. 85 86. passed between the King and Arch-Bishop about this Controversie before the return of the Messengers from Rome into England who first acquainted the Arch-Bishop then in Normandy with their dispatch from Rome in which [7.] Append. n. 28. he had power given him by the Pope in all cases but that of Investitures to use his discretion The Letters they brought from the Pope bear date March 23. 1106. From Anselm [8.] Ibid. fol. 88. n. 50. Anselm falls sick at Bec. The King goes to him Warlewast came into England to the King and gave him an account of his Negotiation with the Pope and in few days returned to Anselm again to bring him into England but found him so ill at the Abby of Bec that there was no hopes of his coming so that the King went to him and arrived at
Consecration [6.] Ib. f. 97. n. 40 50. which Anselm supposed he did on purpose to avoid his profession of Obedience to the See of Canterbury or that he would not come to Canterbury to be Consecrated as the Custom then was and suspecting he might without his knowledge procure a Pall from the Pope he wrote to him not to send him one in diminution of the Rights of the See of Canterbury and had his desire granted Many [7.] Ib. f. 97 98 99 100 101 102. Epistles passed between them in this Contest at last Anselm prohibited Thomas under a perpetual Anathema that the should not receive Benediction to the Bishoprick of York [8.] Append. n. 32. Anselm sends his Epistlâ—s against Thomas Elect of York to all the Bishops until he had made his Profession of due Subjection to the Church of Canterbury and involved all the Bishops of England in the same if they laid hands on him at his Consecration or Communicated with him as a Bishop if he he were Consecrated by any Foreign Bishops He sent every Bishop of England one of these thundring [9.] Ibid. f. 102. n. 30. Epistles against Thomas under his Seal that they might observe the Contents of it Anselm [1.] Ibidem n. 40 50. An. Do. 1109. Anselm dies died April 20. 1109. and the King held the Feast of Pentecost next following at London in great Worldly Glory and Rich Appearance The Feasting days over he began to Treat with the Bishops and Princes of the Kingdom what was to be done concerning the Consecration of the Elect of York [2.] Ibidem f. 103. n. 10 20 30 c. The Bishops stand close to the Contents of Anselms Epistle The King awed by Anselms Excommunication The Bishops stick close to the Contents of Anselm's Epistle and resolve to lose all rather than recede from them Robert Earl of Mellent began to Expostulate with them how any of them dare receive such a Letter without the Kings Consent and Command They declare their resolution in the observation of it The King complied and professed he would not be one hour subject to the Excommunication of Anselm and therefore appointed Thomas according to the ancient Priviledges of the Church of Canterbury and Decree of his Father in the time of Lanfranc to make his Profession or [3.] Ibidem n. 50. he should not have the Arch-Bishoprick of York which he did having considered the Authorities by which it was supported [4.] Ibidem f. 104. n. 10 20. and his Profession was (l) Professio ne quid mutaretur Sigillo regio inclusa Literae sigillo regio inclusae fol. 101. n. 30. Literae sigillo regio repositae fol. 86. lin 9. They were wound up in Wax and had the impression of the Kings Seal Such as these were called Literae Clausae Close Letters or Writs and the Literae extra sigillum pendentes were the Letters Patents or Literae Patentes and the ancient Rolls upon which these were Entred and Recorded are to this day called the Patent and Close Rolls included in the Kings Seal that nothing might be altered He was Consecrated the Twenty eighth of July by the Bishop of London and other Bishops being Sunday in St. Pauls Church and read his Profession in this Form The Form of the Profession of the Arch-Bishop of York I Thomas which am to be Consecrated Metropolitan of the Church of York do profess Subjection and Canonical Obedience to the Holy Church of Canterbury and to the Primate of the same Church Canonically Elected and Consecrated and to his Successors Canonically inthroned saving the Fealty of my Lord Henry King of England and the same Obedience due from me that Thomas my Antecessor for himself professed to the Roman Church [5.] â—lor Wig. fol. 654. On the First of August he received the Pall at York sent from the Pope by Cardinal Vlric and the same day Consecrated Turget Prior of Duresm Bishop of St. Andrews in Scotland At next Christmass the Kingdom of England met according to Custom at the Kings Court at London [6.] Eadm fol. 105. lin 3. n. 10. A Contest between the Bishop of London and Arch-Bishop of York about Crowning the King where there was a great and high Solemnity The Arch-Bishop of York fitted himself to Crown the King that day and Celebrate Mass in stead of the Primate of Canterbury but the Bishop of London would not permit him who as Dean of the Province placed the Crown on the Kings Head and lead him by the right hand into the Church and performed the Office of the day In this Council [7.] Ibidem n. 20. was agitated the Cause of the Priests which had been forced from the Company of Women in the time of Anselm many of them rejoycing at his death promising themselves their old Liberty but it happened contrary to their expectation for the King whom many feared more than God The King would not permit Priests the Conversation with Women by his Law forced them whether they would or not to the observation of the Council of London at least according to outward appearance But [8.] Ibidem n. 40 50. behold saith my Author some Abbats which were deposed for Simony in that Council either obtained for Money those Abbies which they had lost or others from Laymen Their Bishops and Arch-Deacons for Money permit them the use of Women And those which were called Priests or Canons the Kings Edict growing faint by an infamous Commerce prevailed with their Bishops and Arch-Deacons that they might enjoy such Harlots as they had forsaken or take others which pleased them better And further such as wore long Hair who were certainly Excommunicated by Anselm [9.] Ibidem fol. 106. lin 1. did so abound and so boast of the Womanish and Ignominious length of it that such as did not wear it they called by the opprobrious name of Clown or Priest When Anselm was dead [1.] Ibid fol. 109. n. 10 30. King Henry took the Arch-Bishoprick of Canterbury and all that belonged to it into his own hands according to the Example of his Brother William and so kept it five years when he caused the Bishops and Princes or chief Men of England to meet at Windsor as desirous to have their Advice in making of an Arch-Bishop of Canterbury and on the Twenty fifth of April the [2.] Ibidem fol. 110. n. 10 20. An. Do. 1114. Ralph Bishop of Rochester made Arch-Bishop of Canterbury Bishops desiring and the King assenting to it Ralph Bishop of Rochester was chosen Arch-Bishop and it being declared to the Multitude they rejoyced wonderfully On the Seventeenth of May he came to Canterbury and was gloriously received of the Clergy and Laity and inthroned by the Bishops passing the first days of his Entrance in mighty Pomp and great Splendor This done the King designed speedily to go for Normandy yet taking the opportunity of this
fortified and Manned his Castle of Exceter against him which the King besieged and at last it was for want of Victuals delivered to him The Defendents had liberty to go whether they would and carry what they would with them The Earl went into the Isle of Wight with [6.] Ibidem f. 937. A. B He is driven out of the Isle of Wight and goes to the Duke of Anjou design to keep that against the King but he followed him so close that he soon drove him out there and took it from him and all his other Lands and Estate and banished him who then went to the Duke of Anjou and was there received very kindly Elated with this success he came to Hunt at * Hen. Hunt f. 222. a. n. 10. The King troubles the Noblemen about their Woods and Hunting Brampton near Huntingdon and held Pleas concerning the Forests of his Noblemen that is concerning their Woods and Hunting and broke the Vow he had made to God and the People This year David King of Scots [7.] Ricard Hagulstad Col. 312. n. 40 50 60. David King of Scots invades England King Stephen and he make Peace Carlisle granted to him his Son Henry made Earl of Huntingdon c. entred Northumberland and seized the Towns of Carlisle Werke or Warke Alnwick Norham and New-Castle and intended to take in Durham but King Stephen coming thither with an Army prevented him whereupon the two Kings appointed an Interview and made Peace between their selves The King of Scots restored New-Castle Warke Norham and Alnwick and had Carlisle given to him Stephen also gave to Henry his Son the Earldom of Huntingdon which had been King Davids and the Town of Doncaster and all that belonged to it In the year 1137. King Stephen in the beginning [8.] Malmsbr f 101. b.n. 50. King Stephen goes into Normandy Earl Robert follows him of Lent sailed into Normandy Robert Earl of Gloucester having tried his Friends and knowing who were faithful followed him at Easter By the Contrivance of [9.] Ib. f. 102. 4. lin 2. King Stephen useth treacherous Practises against him The particulars of the Treachery not expressed by the Historian King Stephen returns out of Normandy William de Ipre after he was come into Normandy King Stephen endeavoured to intercept him by Treachery but having notice of the practise from one that was privy to it he escaped and came not to Court though often invited for many days afterward The King was troubled his Design took not effect and thought to extenuate the greatness of the fault by confessing it making Oath according to a form given by the Earl that he would never for the future consent to such wicked Contrivances This he did but could never be a true Friend to the Earl whose Power he suspected The King after he had made [1.] Hen. Hunt f. 222. a. n. 20 30. His Son Eustachius doth Homage for that Dukedom Peace with the King of France and his Son Eustachius had done Homage to him for Normandy and settled all things there he returned into England * Order vit f. 911. D. Earl Robert troubled about his Sister leaving William de Rolmara Roger the Viscount and others his Justiciaries to manage Affairs as if he were present In the mean while Robert stayed there often thinking of the Oath he had made to his Sister and what he ought to do for her that he might not be noted for Perfidiousness The next year in England happened many intestine [2.] Malmsb Histor Novell f. 102. a. n. 20 30 40 50. A. D. 1138. King Stephen to maintain his Cause was forced to give Lands Castles and Honours to his Followers Commotions many of the Nobility and other Confident daring Men demanded of the King some Lands others Castles and what ever else they had a mind to and if he delayed them in obtaining their desires by Excuses that he could not do it without prejudice to the Kingdom and that such things were either claimed or possessed by others they forthwith fortified their Castles or erected Places of Strength wasted the Kings Lands and plundered his Tenents To suppress these Defections he suddenly marched from place to place and used great labour and industry to no purpose until by giving them Honours or Castles he purchased a Counterfeit Peace Many new Earls he made and to support their Honours gave them Crown Lands and Revenues These Men were more Confident in asking He made many new Earls and gave them Crown Lands and he more Profuse in giving by reason of the common Report through the Nation that Robert Earl of Gloucester intended to assist his Sister and within some competent time to defie the King before he attempted it This was done presently after Whitsunday The Earl of Gloucester defies the King He was encouraged to it by Religious Men and the Popes Decree by sending Messengers from Normandy to the King to whom he renounced his Faith and Homage because he had unlawfully aspired to the Kingdom To this he was encouraged by the Answers of many Religious Men he had Consulted in this Business that he could neither pass this Life without Ignominy nor be happy in the Life to come if he neglected the Oath made to his Sister Their Answers were the more prevalent with him being backed with the Popes Decree which Commanded he ought to observe the Oath he made to his Sister in the presence of his Father The King deprived him of all his Possessions he could in England levelled all his Castles except that at Bristol which was a great Check and impediment to the success and progress of all his Affairs The [3.] Ibidem b. n. 10. Anno Domini 1139. Upon the Report of Earl Roberts coming for England many forced to deliver their Castles Report that Earl Robert was coming with his Sister out of Normandy spread more and more about the Nation in hopes whereof many fell from the King and many others which were in the Court Upon suspicion only he imprisoned and by other hardships forced them to yield their Castles and to such other Conditions as he pleased It was noted at this time that Roger Bishop of Salisbury had built two [4.] Ibidem n. 20. The Bishop of Salisbury built the Castles at Devises Malmsbury and Sherborn The Bishop of Lincoln built the Castle at Newark The Bishops envied Complaints made of them to the King famous and splendid Houses with Towers and Turrets after the manner of Castles one at the Devises in Wiltshire another at Sherborn in Dorsetshire That he had begun to build a Castle at Malmsbury and that formerly he had procured to himself the Custody of Salisbury Castle from King Henry and inclosed it with a Wall and likewise that his Nephew Alexander Bishop of Lincoln had built a Castle at Newark as he said for the safety and Dignity of his Bishoprick This brought upon them Envy from the Earls and
Barons about the King who told him that the Bishops were more intent upon Erecting Castles than their Function or Offices and no doubt but they were built for his destruction and that when the Empress came over they would assist and deliver them to her as being obliged to it by the Memory of the Favours they had received from her Father perswading him they were to be forced to give up their Castles to him He readily heard them and took the first occasion to put their Advice in Execution Which was done after this Manner At Oxford about the 24 th of June was a [5.] Ibidem n 40 50. f. 103. a. lin 1. c. An Affray between the Servants of the Bishops of Salisbury and Lincoln and the Servants of the Earl of Britanny The Bishops brought before the Kings Court. Ordered to deliver their Castles to the King Meeting of the Great Men where were these two Bishops William of Malmsbury reports he heard the Bishop of Salisbury say he had no mind to the Journey and undertook it with great Reluctancy for that he could be of no use to the King and so it happened that the Reteiners and Servants of the Bishops and the Reteiners and Servants of Alan Earl of Britanny quarrelled about taking up Lodgings from Words it came to Blows many were wounded and one Knight killed but the Bishops Men were superior in the Conflict The King takes the advantage Commanded the Bishops to be Convented that they might satisfie his Court for that their Men and Servants had broken the Peace and the satisfaction was to be the delivery of their Castles to the King as security for their Faith They were willing to give satisfaction but considering whether they should yield up their Castles he commanded they should be kept with greater strictness lest they should make their escapes They delay to do it and are kept with greater strictness Roger Bishop of Salisbury was carried unbound and his Son Roger the Chancellor of England which he had by Maud of Ramesbury his Concubine was carried in Fetters before the Castle of Devises which his Nephew Nigell Bishop of Ely who fled from Oxford thither held out against the King The Castles of Salisbury They deliver their Castles Sherborn and Malmesbury were delivered upon the first demand and the Devises after three days the Bishop of Salisbury of his own accord without force resolving to fast until it was in the Kings possession that he might incline his Nephew to yield who otherwise would have defended it as long as he could His other Nephew Alexander Bishop of Lincoln purchased his Liberty by rendring his Castle speedily Ordericus Vitalis tells this Story otherwise He [6.] F. 919. D. 920. A. B. The foregoing Story differently reported by Ordericus Vitalis Episcopi pellex principalem munitionem servabat William de Ipre threatens to starve the Bishop of Salisbury and hang the Chancellor of England if the Bishop of Ely delivered not the Castle of Devises says Walran Earl of Mellent and his Brother Robert with Alan Earl of Britanny sought occasion of Quarrel with the Bishops and that after the Affray when the Bishops Roger and Alexander were taken the Bishop of Ely escaped to the Castle of Devises and fortified it in which Maud of Ramesbury the Bishop of Salisbury's Harlot kept the chief Place of Strength The King hearing of this was very angry and sent William of Ipre a Flemming before with an Army to take in the Castle who carried Roger the Bishop and Roger the Chancellor with him and swore the Bishop should not eat until it was delivered to him and further erecting Gallows before the Castle Gate threatned forthwith to Hang the Chancellor Maud to redeem her Son sent to the King that she would surrender the Keep or chief Place of Strength she was in which forced the Bishop of Ely to give up the whole Castle in Consideration he might have his Liberty This Act of the King made a great noise [7.] Ib. n. 10. Hugh Arch-Bishop of Roven defends King Stephen Hugh Arch-Bishop of Roven a great Friend to and Defender of the Cause of King Stephen was of Opinion it was but just Bishops should be deprived of their Castles which were not built by allowance of the Canons Ecclesiastick they ought to be Evangelists of Peace not Architects of such Houses that were to be Places of Retreat and Security to them for their Evil Doings Henry Bishop of Winchester King Stephens Brother and the Popes Legat affirmed [8.] Ibidem n. 20 30 40 50. The Bishop of Winchester and Popes Legat commanded the King to appear in a Council of Bishops c That if Bishops transgressed in any thing they were not to be tried in the Kings Court but to be judged by the Canons nor to be deprived of any thing but by a publick and Ecclesiastical Council and forthwith commanded the King his Brother to be present in the Council he intended to hold at Winchester on the Twenty ninth day of August On that day appeared most of the Bishops of England A Council of Bishops at Winchester with Theobald Arch-Bishop of Canterbury Thurstan Arch-Bishop of York was excused both in respect of Health and present Care in the Defence of the North parts against the Scots The Popes Legat aggravates King Stephens supposed faulâ—s The Legat first produced his Commission from the Pope and then made a Latin Speech to the Clergy wherein he aggravated his Brothers Fact in that he should Command the Bishop of Salisbury to be taken in his Chamber at Court and the Bishop of Lincoln in his Lodgings without notice And Exhorting the Arch-Bishop and others to consult what was needful to be done telling them that for the loss of his Brothers Friendship or of his Possessions or Head he would not forbear to put in Execution the Decree of the Council The King not distrusting his Cause sent some of the Earls into the Council And was resolute against him to know why he was called thither The Legat immediately answered That he who was guilty of such a Crime as that Age never saw knowing himself to be a Christian ought not to take it hainously if he was called by the Ministers of Christ to make satisfaction They might therefore tell his Brother that if he would take his Advice by the help of God it should be such as neither the Roman Church the Court of France or their Brother Earl Theobald a Pious and Religious Man would find fault with which was That he should do wisely either presently to give a Reason of this Action or submit to the Judgment of the Canons The Earls when they had heard what was said went out and not long after returned again [9.] Ibidem b. lin 6. Rex Comitem Albericum de Ver ad Goâ—cilium misit M. Paris f. 77. n. 50. Alberic de Ver a Man much Exercised in Law Controversies accompanied
them and carried the Kings Answer This great Lawyer in [1.] Ibidem n. 10.20 Alberic de Ver's Defence of the King and Accusation of the Bishops Defence of the King and against the Bishops urged That the Bishop of Salisbury had been very injurious to him That he very seldom came at Court also That his Men or Reteiners presuming upon his Power moved Sedition who as well at other times as lately at Oxford had done violence to the Men or Followers of the Nephew of Earl * Earl of Britanny and Richmond Alan and likewise to the Men of Hervey of Lyons who was of such Nobility and Spirit that though King Henry had often Requested him yet he would never vouchsafe to come into England The Affront he said reflected upon King Stephen for the love of whom he came over Further he accused the Bishop of Salisbury That he privately favoured the Kings Enemies which appeared to him in many Instances but most especially in that when Roger Mortemer with the Kings Troops which he commanded sled for fear of those belonging to Bristol he would not permit them to Quarter one Night in Malmsbury That it was general Discourse that he with his Nephews and Castles as soon as the Empress should arrive would declare for her He added That he was taken not as a Bishop but as the Kings Servant that had transacted the Kings Business and received Wages for so doing That the Castles were not taken from them but they freely rendred them to escape the Accusation and Danger of the Tumult they had raised in the Court That the small Sums of Money which were found in the Castles did lawfully belong to the King for that in the time of his Vncle King Henry his Predecessor the Bishop * He was then Treasurer and what ever he asked of King Stephen Lands Castles c. he denied him nothing had taken them from the Revenue of the Exchequer That he willingly parted with them and the Castles as a Composition for the Crimes he had committed And of this he told the Council the King wanted not Witnesses and therefore he advised the Composition between him and the Bishops might remain firm The Bishop of Lincoln was only accused of an old grudge he bare to Earl Alan and was therefore made the Author of the Tumultuous Actions and Violence committed by his Followers The Bishop of Salisbury [2.] Ibidem n. 30 40 50. The Bishop of Salisbury threatens to Appeal to Rome Replied he never was the Kings Servant nor had received his Wages and threatned that if he could not find Justice in that Council he would seek it in a greater Court. The Legat said it ought to be enquired whether all those things of which the Bishops were accused in that Council were true before they could be sentenced And therefore according to the practise in Secular Courts the King should revest them in their Possessions alioqui jure gentium * See Preface to the Norman Story f. 170. C. D. dissaisati non placitabunt otherwise remaining disseised by the Law of Nations they shall not Plead Much having been said on both sides at the Kings Request the Cause was adjourned unto the next day and to the next after that until the Arch-Bishop of Roven came who granted the Bishops should have Castles The Arch-Bishop of Roven defends the King and baffles the Bishops if they could prove by the Canons they ought of Right to have them And be it so saith he that they may have Right yet certainly the Times being suspicious all the great Men according to the usage of other Nations ought to permit their Places of Strength to the Kings pleasure who is to defend them all Alberic de Ver added Albrric de Ver rebukes them for their design of Appeal to the Pope That if they presumed to send any of the Bishops or other Persons out of England to appeal at Rome contrary to his Will and the Dignity of the Kingdom their Return would be very difficult By this they [3.] Ibid. f. 104. a. lin 2. The Bishops forbear to Censure the King according to the Canons and why The Legat and Arch-Bishop cast themselves at the Kings Feet to persuade him c. understood the King would not endure the Censure of the Canons and therefore the Bishops thought it was best to forbear Pronouncing it for two Reasons First That it would be a rash thing to Excommunicate a Prince without the knowledge of the Pope Secondly Because they saw some of the Military Men draw out and brandish their Blades and so they parted and this Council was dissolved on the first of September Yet the Legat and Arch-Bishop according to their Duty threw themselves at the Kings Feet in his Chamber beseeching him to be Merciful to the Church and his own Soul and to consult his Reputation so as he might not suffer a Breach to be made between the * Inter Regnum sacerdotium Secular and Ecclesiastick Governments On the Thirtieth of the same [4.] Ibidem n 10.20 30. A. D. 1139. Earl Robert and his Sister land at Arundel September Robert Earl of Gloucester with his Sister the Empress and only 140 Knights or Horsemen which the Historian says he had from very true Testimony landed at Arundel in Sussex where did at that time reside in the Castle Adeliza her Mother in Law who had received it and the [5.] M. Paris f 77. n. 40. County of Sussex in Dower from King Henry the First whose Widow she was but then Married to William de Albini The Earl left his Sister at Arundel Castle The Earl goes toward Bristol under the Protection of her Mother in Law who had often sent for her by special [6.] Malmsb. ut supra Messengers and with twelve Knights only or Men at Arms went towards Bristol The King came presently before Arundel and [7.] Hen. Hun. f 223. a. n. 40. besieged it Her Mother in Law whether it were because she came over with so small Force or whether it were for the not resorting of the great Men to her most of which [8.] Malmsb ut supra Adeliza the Empresses Mother in Law grows weary of her and she prevails with King Stephen to suffer her to go to Bristol either opposed or did not assist her except some few that kept the Faith they had sworn to her soon grew weary of her so that she desired and obtained leave of King Stephen under the Conduct of Henry Bishop of Winchester and Waleran Earl of Mellent to go to Bristol to her Brother who with some Troops met her at the place appointed by the King and conveyed her thither but soon after he sent her to Gloucester to remain under the Guard and Defence of * This Milo is sometimes called Milo de Gloucestria Comes Constabularius Regius Constabularius and so he was until he revolted from him Cont. of
921. C. D. f. 922. A. B. The Earl of Chester obtains Assistance Gloucester takes hold of the occasion joyns the Forces he had and others he immediately raised with those of his Son in Law and marched toward Lincoln Upon his approach the King marched towards him in Battalia his Army consisting of a Main Body and two Wings He Commanded the Main Body himself one of the Wings consisted of Flemmings which William de Ipre Commanded and of Britains which Earl Alan Commanded The other was Commanded by Waleran Earl of Mellent There were also in this Army William de Warenna Gilbert de Clare and Balduin Fitz-Vrse Engelran Saye and Ilbert Lacy. The Battle of Lincoln The Earls Army was drawn up in the same manner Robert Earl of Gloucestâ—r led on the Main Body the Earl of Chester one Wing aâ— the two Brothers Mariadoc and Kalader the Welsh which made the other Wing The Welsh charged the Flemmings and Britains and soon routed them The Kings Army routed The Earl of Chester charged the Earl of Mellent who fled presently King Stephen shewed his Personal Courage in this Battle His Personal Courage He is taken Prisoner he fought bravely and stoutly against the Earl of Gloucester until he was deserted by all his Horse when he yielded himself to him Baldwin de Clare Richard Fitz-Vrse Engelran de Saia and Ilbert Lacy staid by the King and fought valiantly so long as they were able The City plundered and many Citizens killed After the Battle the Earls Army miserably wasted the City and requited the Citizens for their kindness to King Stephen by killing very many of them The [5.] Malms f. 106. a. n. 40. He is Imprisoned at Gloucester and put in Irons Earl presented the King to his Sister then at Gloucester from whence for more security he was carried to Bristol where he was Honourably used until by the instigation of some who affirmed that he had been several times out of the places appointed for his safe Custody especially in the night by the Connivance of his Keepers and therefore was put in Irons The Empress and Earl [6.] Ib. n. 50. b. n. 10 20. with great importunity by Messengers moved the Legat that she might be received to the Government as the Daughter of King Henry to whom all England and Normandy had sworn Fidelity A Treaty between the Empress and Legat in an open Plain Her Oath to him On the third Sunday in Lent they came to a Conference in an open Plain by Winchester The Queen swore to the Bishop he should Order and Direct all the great Business in England and should dispose of all Bishopricks and Abbies if he would keep perpetual Fidelity to her and with Holy Church receive her as Queen The Earl of Gloucester Brian Fitz-Count * Marchâ—o de Walingford He was Constable of Walingford Castle The Legat acknowledged her Queen His Oath to her Marquess of Wallingford and Milo of Gloucester afterwards Earl of Hereford and some others did together with her swear the same things The Bishop then acknowledged her Queen of England and some of his Friends with him made Oath to her That so long as she should make good what she had promised him he should be faithful to her The next day she was received into the City of Winchester and the Cathedral with a Noble Procession The Legat led her into the Church by the Right Hand and the Bishop of St. Davids by the left There were many Bishops Abbats Barons and Knights present [7.] Contin â—lor Worcest f. 676. The Legat Cursed those which Cursed her and Blessed those which Blessed her Those which were Obedient to her Commands he Absolved such as were not he Excommunicated From Winchester she went with the Court to Wilton where came to her Theobald the Arch-Bishop and made his Recognition of her as Queen Here she kept her Easter and there was a mighty affluence of People On the Ninth of [8.] Malms ut supra n. 30 40 50. f. 106. a. lin 1. c. The Monk of Malmsbury says he was present in this Council and gave great attention to what was done April there was a Council of all the Bishops of England and many Abbats at Winchester in which the Legat presided notwithstanding the Arch-Bishop of Canterbury was there The Legat had private Conference with the Bishops apart with the Abbats apart and with the Arch-Deacons apart The next day he makes a Speech to them all Setting forth the cause of their meeting was to Consult of the Peace of the Country tells them of the flourishing estate of the Kingdom The Legats Speech to the Bishops in the Reign of King Henry That many years before his death he had received an Oath of England and Normandy for the Succession of his Daughter and her Issue That she being in Normandy at the time of his death delayed to come into England for the Peace of the Country his Brother was permitted to Reign He says further That though he made himself a Pledge between God and him that he should Honour and Exalt Holy Church maintain the good Laws He accuseth his Brother King Stephen of many Crimes and abrogate the Evil yet it grieved him to remember and he was ashamed to speak how he had behaved himself in the Kingdom the Peace of it was destroyed and no Punishment inflicted upon Evil Doers Bishops were imprisoned and forced to deliver up their Possessions Abbies were sold and Churches robbed The Counsel of ill Men took place and the Advice of good Men was despised That he had Convented him before a Council of Bishops and got nothing but hatred for it He ought indeed to love his Mortal Brother but much more the Cause of his Immortal Father and therefore seeing God had exercised his Judgment upon him to let him fall into the hands of powerful Men lest the Kingdom might be ruined for want of a Governor He declares the power of Electing Kings to be in the Clergy I have called you all hither by my Legantine Power yesterday the Cause was propounded in private to the greatest part of the Clergy of England to whom of right it belongs to Elect and Ordain a King and therefore after having as is meet invoked the Divine Assistance They elect Maud the Empress Queen we Elect Maud the Daughter of the Peaceable Glorious Rich and in our time incomparable King Queen of England and to her we promise our Faith and Defence of her Person and Government All that were [9.] Ibidem n. 10. present either assented to what he said or by their silence seemed not to contradict it The Legat adds We have summoned the Londoners The Londoners present in this Council who in respect of the greatness of their City may be compared with the great Men of England and sent them a safe Conduct and that he hoped they would not stay beyond the next day
Oxford where his Sister had then fixed her Residence without success She by her Brothers Relation finding the Legat had no kindness for or inclination to her Cause marched to [5.] Ib. n 30 40 50. Cont. of Flor. ut sup She marcheth with an Army to Winchester Ego me parabo The principal Adherents to the Empress The Bishop of Winchester and Legat sends for the Londoners Winchester blocked up and fired Winchester with such an Army as she could get together and was without difficulty received into the Royal Castle there and sent for the Bishop to come to her without delay He thinking it not safe eluded the Messengers with an ambiguous Answer That he would prepare himself And immediately sent for all he knew favoured King Stephen Most of the Earls of England came to him who were young light Men such as the King advanced With the Empress were David King of Scots Robert Earl of Gloucester Milo then of Hereford and a few Barons Ranulph Earl of Chester came slowly towards her and to no purpose as it appeared in the Issue The Legat had likewise sent to the Londoners who came in great numbers and by their assistance the City was blocked up all Passages to it being so guarded that Victuals and Necessaries could not be brought into it without difficulty and danger While they were thus streightned without Fire was thrown from the Bishops Tower upon the Citizens Houses because they were more inclined to the Empress than to him This Fire took hold of a Nunnery within the City and burnt it down and of the Abby called Hide without the City and burnt that down William of Ipre burnt also the Nunnery of Warwell which was six Miles from Winchester The City being thus as it were besieged [6.] Malmsb. f. 108. a. n. 10 20 30. Earl Robert sends the Empress from Winchester He is taken Prisoner the Earl prepared for their departure and sent his Sister before with the greatest part of the Army and best Troops Marching in great order he followed some time after with a few but such as feared not many The Earls immediately follow him and while he thought it a dishonour to â—ly he was set upon by all of them and taken The rest the Noblemen especially with great speed kept on their Journey and escaped to the Castle of Devises So they left Winchester on the day of the Exaltation of Holy Cross Septemb. 14. having come thither some few days before the Assumption of the Blessed Virgin August 15. His firmness to his Sisters Cause The Earl was sent Prisoner to Rochester and attaqued both by large Promises Persuasion and Threats to leave his Sisters Cause but nothing * Malmsb. f. 109. a. b. The King and Earl exchanged upon equal Terms could prevail with him to desert her At last the King and he were Released and Exchanged upon even Terms and left to pursue their several Interests Several Propositions for both their Liberties had been made and discoursed of from the day the Earl was taken until All-Saints at which time the Exchange was agreed to on both sides After they were free the King came to Winchester and the Earl went to his Sister at Oxford the place of her constant Residence The Legat proceeds in his Design to ruine the Empress Anno Domini 1142 or 1143. and by his Legantine Power [7.] Ibid. f. 108. a. n. 30. The Legats Design to ruine the Empress calls a Council to meet eight days after St. Andrew at Westminster The Popes Letters to him are openly read in which he is blamed that he did not more strenuously endeavour to release his Brother and exhorted to use all Power both Ecclesiastical and Secular to do it The King [8.] Ibidem n. 40 50. King Stephen makes his Complaints in that Council The Legat gives his Reasons why he received the Empress came into the Council and complained that his Vassals or Feudataries to whom he had never denied Justice had imprisoned and reproachfully used him to his great Affliction The Legat by his Rhetoric endeavours to free his Invidious Actions from Censure pretending he received the Empress by Compulsion and Necessity not with Favour or good Will for presently after the Kings Army was routed when the Lords either fled or expected what would be the event of things she with her Assistants came to Winchester and what Bargain she made there or Promises to preserve the Rights of the Church she obstinately broke them all Besides he said That she and her Friends had contrived not only to deprive him of his Dignity but his Life but God in his Mercy had beyond her hope so ordered things He Deposeth the Empress as far as he can King Stephen's Title He Excommunicates all Favourers of the Empress that he escaped Destruction and his Brother was freed from his Bonds and therefore Commanded them on the behalf of God and the Pope that they should aid the King with their utmost Power who was Anointed by the Will of the People and Assent of the Apostolick See and to Excommunicate all Perturbers of the Peace that favoured the Dutchess of Anjou The Historian says he was not present in this Council and therefore [9.] Ibidem lin 37. could not say so exactly what was done in it as in the former but he thought the Legats words [1.] Ibid. b. lin 1. c. The Legats Speech in that Council not received by all though by silence allowed The Empress defended by a Laick were not grateful to all the Clergy yet none contradicted and all for fear or Reverence kept silent only one Lay-Messenger from the Empress forbad the Legat to act any thing in that Council contrary to her Honour by the Faith he had engaged to her That he had given his Faith to the Empress not to assist his Brother That she came into England by his invitation That she had taken the King and kept him Prisoner was by his Connivance This the Messenger said and much more with great Briskness but could not move the Legat to Anger or to make Answer From the time of this Council until [2.] Ibidem f. 109. b. n. 10 20 30. An. Do. 1143. The Empress holds a Council at Devises Lent both Parties were quiet but then the King began to move and the Empress likewise and came to the Devises and held a Council there in which it was Resolved she should send for her Husband the Duke of Anjou She is advised to send to the Duke of Anjou her Husband Messengers go for him to help her to recover the Inheritance of her and her Children which Resolution was forthwith spread among the People and Honourable Persons sent for him About Easter the King fell sick at Northampton and so continued until after Whitsunday The Messengers return from Anjou and deliver what they brought back to the Empress in a second Council holden at the Devises which was
That her Husband desired Earl Robert should go over to him He desires the Earl of Gloucester to go to him and that it was in vain to send others All present press him to go he excuseth himself upon the peril of the Journey and the danger might happen to his Sister in his absence They urge him again he is willing upon Condition he might carry with him Hostages or * These Pledges were the Sons or next Kinsmen of the Noblemen and were left with Geofry of Anjou He goes with Pledges c. Pledges as well for the security of the Earl of Anjou as his Sister That they should stay with her at Oxford and with all their force defend her They all assented to him and gave Pledges to be carried into Normandy Robert [3.] Ibidem â— 40. The Duke of Anjou makes Objections against his going for England taking leave of his Sister with his Pledges and a Guard went to Warham in Dorsetshire of which Town and Castle he had made his eldest Son William Governor from thence he set sail presently after Midsummer and landed in an Haven near Caen from whence he sent to the Duke of Anjou to come to him he came and made many Objections against his going into England The chief was That his stay in Normandy was necessary that he might take in many Castles which yet held out against him This indeed was a very weighty Objection at that time for [4.] Ord. vit f. 923. A. B. C. D. Chron. Norm f. 981. A. B. Mat. Westm f. 243. n. 50. Several of the Great Men of Normandy and several Towns and Castles submit to the Earl of Anjou and the Empress hearing of the Victory his Wiâ—e had obtained against King Stephen at Lincoln he went into Normandy and sent to the Noblemen to deliver their Castles to him as of right they ought Rotroc Earl of Mortaign in the County of Perche Hugh Arch-Bishop of Roven John Bishop of Lisieux and many other Bishops Abbats Earls and Barons and Governors of Towns and Castles submitted to the Government and Dominion of Earl Jeffry and Maud the Empress He had been and was then busied in reducing such as would not yield [5.] Malmsb. f. 109. b. n. 50. He sends his eldest Son Henry with his Brother the Earl into England This Objection caused the Earl of Gloucester to stay longer than he intended for that he might not leave him without Excuse he staid and assisted him in the taking of ten Castles yet he had fresh Objections by which he put off his Voyage into England but granted his eldest Son Henry should go with him to animate and encourage those that defend the Cause and Title of the just Heir In the mean time while the Earl was absent the [6.] Ibidem f. 110. a. lin 3. n. 10 20 30.40 King Stephen takes Warham burns Oxford Besiegeth the Empress in the Castle The Noblemen her Favourers Rendezvous at Wallingford to deliver her King suddenly came to Warham and finding it without a Garison plundered it and presently the Castle was delivered to him From hence he marched toward Oxford and three days before Michaelmass came unexpectedly upon the City and burnt it and besieged the Empress who was in the Castle only with her Domestick Servants and prosecuted the Siege so resolutely that he declared he would not leave it for the hope of any Advantage or fear of any Loss before the Castle was taken and the Empress in his power The Noblemen who undertook to defend her were confounded that they had been absent beyond their time came with a great Force to Walingford with intention to sight the King if he would come forth into the open Field but as he was lodged in the Town it was concluded they could not attack him the Earl of Gloucester had so strongly fortified it and made it Inexpugnable but by Fire The Earl comes out of Normandy Takes Warham Who hearing of this Siege in Normandy hastned his return He brought over with him in fifty two Ships three hundred Men at Arms and somewhat more They came to Warham and presently made themselves Masters of the Haven and Town and besieged the Castle which was defended by choice Soldiers the King had placed in it but after it had been battered a while with the Earls Engines and the Men wearied and affrighted they desired a Truce which was the Custom of those times while they sent to the King to desire Aid which if they received not by the day appointed they would deliver the Castle This was granted with hopes it might draw the King from his Siege of the Empress but the King would not stir The Isle of Portland and Lulworth Castle delivered to him whereof the Defendents having notice the Earl had at the same time this Castle and the Island of Portland delivered to him and a third place called Lullewerden now Lulworth Castle in Dorsetshire From thence he marched toward [7.] Ibidem n. 40 50. Cyrencester in Gloucestershire and gave Order that all such as were Friends to the Empress should meet him there in the beginning of Advent that they might march on to Oxford fight the King and Relieve their Mistress the Empress The Empress escapes from Oxford But in their way they met a joyful Messenger that informed them she was escaped out of the Castle and safe at Walingford They went thither and by her Advice and common Consent by reason of the approaching Holidays which admonished them to quiet and to abstain from War they returned to their places of Abode The manner of her Escape The manner of her Escape the Historian would have added if he had certainly known it He says it was sufficiently evident that for fear of the Earls coming many of the Besiegers slipt away from Oxford those that staid kept very loose Guards and remiss Watches which being [8.] Ibidem b. lin 1. observed by them in the Castle she with only four Soldiers Men at Arms or Knights went out at the Postern Gate and passed the River and went on foot to Abington and from thence on Horseback to Walingford After her departure King Stephen received the Castle upon Terms the Defendents went whither they would without disturbance Most Authors and some of the best Credit Report That it was at that time a great Frost and Snow and that she Clad her self in White and by that means escaped undiscovered Thus far William of Malmsbury and no further who wrote the things which happened in England between Maud the Empress and King Stephen at the particular [9.] Ibidem f. 98. b. n. 30 40. Request of Robert Earl of Gloucester Who not long after being informed that the King intended to make a Garison of the [1.] Gervas Dorob Col. 358. n. 50 60. Hen. Hun. f. 225. a. n. 20. King Stephen forced from Wilton Nunnery at Wilton to prevent the Excursions of those in
Do. 1149. f. â—45 n. 20 30. Tamesis sic Congelatus est ut pede equo quadrigis etiam oneratis transmeabilis redderetur The Thames was so Frozen as Men on Foot and Horseback and Loaden Waggons passed over it The Frost began December the Tenth and ended February the Nineteenth Of Ecclesiastical Affairs THere hath been three Councils of Bishops and Clergy only before mentioned One was held on the 29 th of August 1139. at Winchester The second on the 30 th of March 1142. at Oxford The third eight days after St. Andrew in the same year at Westminster The Business transacted in all three was meerly Secular which properly falls not under this Title and therefore I shall proceed to such things as do In the year 1138. Alberic Bishop of Ostia in Italy The Popes Legat calls a Council of the Clergy the Popes Special Comissary or Legat in England and Scotland by [9.] Chron. Gervas Col. 1346. n. 40 50 60. Col. 1347. n. 10 20 30 40 50 60. Col. 1348. n. 10 20 30 40 50 60. Apostolical Authority called a Council of Bishops Abbats and other Religious Persons of the Kingdom to meet at Westminster on the Thirteenth of December and sent his * This was never done before Citatory Letters to the Prior and Convent of the Church of Canterbury and all others whom it concerned to be present there and choose an Arch-Bishop that See being then void There were sixteen [1.] Ibidem Col. 1347. n. 10 20. The Popes Legat directs the choosing of an Arch-Bishop of Canterbury Cont. of Flor. of Worcester f. 671. Anno Dom 1139. Constitutions Decreed the most notable whereof were these at that time somewhat new and not fully Established and one or two of them never practised before in England The year following Theobald Arch-Bishop of Canterbury Simon Bishop of Worcester Roger Bishop of Coventry Robert Bishop of Exeter and Rainald Abbat of Evesham were Commanded by the Pope to Repair to Rome where they were received with much Honour and were present in the Roman Council such an one as had not been many Ages before In this Council they freely and according to their desires propounded and managed their own Causes and returned home with joy bringing with them the Decrees of this Council then when the Monk wrote written and dispersed far and wide through England And in this Council the under written Constitutions which had been made in this English Council were Decreed which according to the Title was the second Lateran Council holden under Pope Innocent the Second Anno Dom. 1139. Apr. 8. Labbe Tom. 10. Col. 999. This practise of the Pope was new to call particularly whom he pleased to Councils Constitution V. None may receive a Church or any Ecclesiastical [2.] Ibidem The foremer part of this Constitution about Investitures was new Buying of Benefices prohibited Married Priests and such as kept Concubines deprived of Ecclesiastick Benefices c. Benefice from a Lay Man When any receive Investiture from a Bishop we Command that he swear upon the Gospel That neither by himself nor any other he gave or promised any thing for it and if it be presumed he did the gift shall be void and both the Giver and Receiver shall be subject to Canonical Censure Spelm. Concil vol. 2. f. 41. Constit VII Walking in the steps of the Holy Fathers we deprive Married Priests Deacons and Sub-Deacons and thâ—se that have Concubines of their Ecclesiastical Benefices and Offices And by Apostolical Authority we forbid all People to hear their Masses Constit IX If any one Kills [3.] Ibidem Col. 1348. lin 5. n. 10. Imprisons or lays his Wicked Hands upon a Clerk Monk or Nun or any Ecclesiastick Person unless he makes satisfaction upon the third Admonition let him be Anathematized Nor shall any one unless in danger of Death enjoyn him Pennance but the Pope and if he dies impenitent his Body shall not be Buried This Canon or Constitution was made to prevent the Rudeness and Inhumanity of the Soldiers who in this Intestine War used all Persons alike Religious and Secular the Sword made little difference nor made they scarce any distinction of Places in their Rapine or Plundering Constit XI We prohibit by Apostolick Authority That no Man builds a Church or Oratory in his own Fee without the Command of his Bishop This Constitution was new and made to baffle the Right of the Lay Patron which was Originally grounded upon the Feudal Law and the Erection of a Church within the Precinct of his own Fee or Maner and the Donation or Grant of the Tithes within that Precinct unto it and to Entitle the Pope or Bishop unto it by reason of his Command was this Constitution made This Council being Dissolved * Ibid. n. 50. Jeremy Prior of the Church of Canterbury and some of the Convent whom the King had called in the presence of him and the Legat with some of the Chief Men and Bishops of England chose Theobald Abbat of Bec Arch-Bishop of that See At which the Bishop of Winchester and Legat was much moved designing it for himself but lost it by the Contrivance of the King and Queen and for this cause it was reported by some that he left the King his Brother and went off to the Empress Earl Robert and Milo the Kings High or Great Constable Notwithstanding the Ninth Constitution of this Council the Soldiers abated not of their rough usage of the Clergy and Ecclesiasticks and therefore the Bishop of Winchester and Popes Legat to check their Barbarities [4.] Rog. Hoved. f. 279. b. n. 40. called a Council at London in the Eighth year of this Kings Reign Anno Domini 1143. in which it was thus Decreed That because no Honour was given by Ravagers and Plunderers to Clerks nor to the Church of God A Canon for the security of Clerks and that Clerks were as frequently Imprisoned and put to Ransom as Lay Men Therefore who ever laid violent Hands upon a Clerk should not be absolved but by the Pope himself From which Decree the Clerks received much Relief and Advantage Mat. Paris [5.] F. 79. n. 30. adds to this another Decree â—That the Churches and Church-Yards whether the Poor People fled with their Goods should be as free from violence as the Priests themselves Another for the security of Ploughs and Ploughmen and that the Ploughs and Ploughmen in the Fields should enjoy the same freedom and they Excommunicated all Contraveners to this Decree â—with Light Candles or Tapers And so saith the Monk the Rapacity of the Kites was somewhat abated The next was a General Council in the Sixteenth of this King Anno Domini 1151. holden at London [6.] Hen. Hun. f. 226. b. lin 3. by Theobald the Arch-Bishop of Canterbury and the Popes Legat in which were present King Stephen his Son Eustachius and the Barons or Great Men of England This
put himself into the Town with an Army which King Henry for the [4.] Ibidem f. 996. A. The Person of the King of France secures the City Cahors taken c. Honour he bare to him would not besiege but by force and through fear the greatest part of the Earldom was made subject to him He also took the City of Cahors From this Action of the King of France arose great Enmity between the Kings and the Normans and French prosecuted one another with Fire and Sword Gervase the Monk of Canterbury * Col. 1381. lin 3. The Relation of the Expedition of Tholose by Gervase of Canterbury gives a different Relation of this Expedition to Tholose He says the King took Scutage to the value of One hundred and fourscore thousand Pounds in England and accordingly in his other Countries That there were with him the King of Scots and a certain King of Wales and all the Earls and Barons of England Normandy Aquitan Anjou and Gascony and many others of divers Countries Horse and Foot That the City was besieged from Midsummer to Holy-Mass and that the King of France defended it so well as the King of England could not take it and so was forced to raise his Siege Fitz-Stephens * P. 8. Col. 2. in vita Thomae c. Reports That in this Expedition the Chancellor had 700 chosen Knights or Gentlemen that served on Horseback of his own Family or Dependents Cancallarius de propria familia lectam manum Militum septingenta Milites habebat and that if the King had followed his Advice he had taken Tholose and the King of France in it but being possessed with a vain Superstition and Reverence toward his Lord the King of France who had made himself his Enemy he never invested the City but went from it satisfying himself with the taking the City of Cahors and many Castles in the Neighbourhood of Tholose for the keeping whereof all the Earls refusing that Service only the Chancellor with his Attendants and Retinue and Henry de Essexia the Kings Constable stayed there who after the King was gone took in three strong Castles which seemed inexpugnable The Chancellor himself appearing before them in his Arms and then passing the River Garonne reduced all that Country and made it subject to the King from whence he went to him and was received with great Favour and Honour In the Month of October [5.] Ib. C. D. King Henry having fortified Cahors as a Check upon Tholose and recommended it to the Care of Thomas * That is Thomas Becket his Chancellor and having fixed Garisons in Places necessary and convenient and confiding in the Assistance of Raimond Berengar Earl of Barcelone Tranchevel Earl of Nimes and William of Montpelier King Henry returns into Normandy destroys and burns Towns and Villages his faithful Confederates he returned into Normandy and thence with a great Force went into le Beauaisis destroyed the strong Castle of Guerberes and burnt many Towns and Villages Simon Earl of Montfort at that time delivered up to King Henry his Places of Strength in France Rochfort Montfort Espernon and the rest with great detriment to the King of France for none of his People could pass freely from Paris to Stamps or Orleans for being disquieted with the Normans he had put into those Castles and for this Cause a Truce or Cessation of Arms was made between the two Kings A Truce between the two Kings from December until eight days after Whitsunday In his return from this Expedition of Tholose William Earl of Moreton died without Children and King Henry took his Earldom into his Hands In this War * Ibid. p. 9. Col. 1 2. between the Kings of France and England on the Borders of their Territories the Chancellor besides his own Retinue the Seven hundred Horse or Knights had 1200 others Stipendiaries and Four thousand * Or it may be these 4000 Servientes were Foot for sometimes there were Servientes pedites Servientes or Ordinary Horse or Attendants for one Month and every Knight or Miles received every day to provide for his Horses and Esquires ad Equos Armigeros c. three Shillings of that Country Money Ipsi Milites The Knights themselves had their Diet from the Chancellor who though he was a Clerk Tilted with a Knight of France named Engelram de Trie and with his Lance unhorsed him and gained his Horse In the whole Army of the King his Knights were always the first that engaged and always dared most The King and Queen kept their [6.] Ibid. D. f. 997. A. Christmass at Falais from whence she went for England and not long after * 'T is so said in this Author But see Anno Dom. 1166. Maud the Empress sickned and died and by the Advice of her Son gave all her Riches to be distributed to the Churches Monasteries and the Poor In May following there was a [7.] Ibidem firm Peace Established between the two Kings * Vid. Rob. de Monte. An. Do. 1161. A Peace between the two Kings A Norman great Council or Parlement In July Henry called together all the Bishops Abbats and Barons of Normandy at New-Market and King Lewis all his Bishops Abbats and Barons at Beavais where they Treated about the Reception of Pope Alexander chosen by the Cardinals and the Rejection of Victor elected by the Emperor Frederic and his Friends They consented to the first and disowned the last In September Queen Alienor [8.] Ibid. B. by the Kings Command returned into Normandy and carried with her his Son Henry and his Daughter Maud. In October [9.] Ibidem the two Kings met again and confirmed the former Peace Upon the [1.] Ibid. Rad. de Diceto Col. 523. n. 20 30. A. D. 1160. Henry and Margaret are Married Third of November by the Authority and Allowance of Henry of Pisa and William of Papia Priest Cardinals and Legats to the Pope there was a Marriage solemnized between Prince Henry the King of Englands Son of Seven years of Age and Margaret Daughter of King Lewis by his second Wife Constantia the * King Lewis Married her after the Divorce of Alienor Chron. Nor f. 989. D. The three Templars Commanders of these Castles were Robert de Pirou Tostes of St. Omer and Richard de Hastings The King of France expelled them his Kingdom but the King of England received and much enriched them Hoved f. 282. a. n. 10. Daughter of Alfonso King of Spain about Three years of Age who was then at Newburgh in the Custody of King Henry by which Marriage he obtained the Castle of Gisors which by Agreement of the two Kings was to remain in the keeping of Knights Templars until the Consummation of a Marriage between these two young Persons and then to be delivered to King Henry With Gisors he received also as Dependencies upon it the Castles of Neausle
and King of England burn his Towns and Villages Henry craftily brought over Matthew Earl of Bologn to his side but when he was to come to his assistance John Earl of Pontheu would not permit him to pass through his Country so that he was forced to Ship his Soldiers and bring them by Sea for which denial the King and Earl Matthew march into Earl Johns Country and burn above forty Towns and Villages The mean while the King of France burnt the Castle of Hugh of Newcastle called Brueroles and wasted almost all the Country of Perch In the day of [6.] Ibidem C. 1168. Peace between the two Kings Henry Son of King Henry did Homage to the King of France for Anjou Main and Britany He is made Senescal of France Epiphany or on Twelf-day the two Kings were Reconciled and made Friends Henry Son to King Henry did Homage to the King of France his Father in Law for the Earldoms of Anjou and Main and the Dukedom of Britany which he then gave him for the Dukedom of Normandy he had done Homage before At the same time his Father in Law made him Senescal of France which belonged to the Fee of Anjou and then also Richard Son of King Henry did Homage to the King of France for the Dukedom of Aquitan In the Feast of the Purification of the Virgin Mary or at Candlemass Henry the Son of King Henry at Paris served the King of France at his Table as Senescal of that Kingdom King [7.] Ibid. D. An. Do. 1169. He doth Homage to Philip Son of King Lewis As also his Brother Geofry for Britany Henry Conferred with the King of France at St. Germans En Ley and there his Son Henry did Homage to Philip Son of King Lewis and Geofry at his Fathers Command did Homage to him for the Dukedom of Britany In Lent King Henry went into Gascony and destroyed many Castles that were fortified against him and reconciled to himself and made Peace with the Earls of Angolism and March and many others of less Note In May Geofry the Son of King Henry came to Rennes and Stephen Bishop of Rennes Geofry receives the Homage of the Barons of Britany Aubert Bishop of Alith and Robert Abbat of Mont-Michael and other Religious Persons receceived him with great Veneration in the Church of St. Peter and there he rceived the Homage of the Barons of Britany At Christmass following the King kept his [8.] Rad. de Diceto Col. 551. n. 50. Benedictus Abbas p. 29. a. The remainder of the British Barons swear Fealty to King Henry and his Son Geofry Court at Nantes where were present the Bishops and all the Barons of Britany and all the Earls Barons and Freemen that had not done it before sware Fealty to him and his Son Geofry From thence he passed into Normandy and put all things into good order there and then came into England and landed at [9.] John Bromton Col. 1060. n. 30. King Henry comes for England is in danger of Shipwrack Portsmouth on the third of March In his Passage there happened a great Storm at Sea wherein the King was in danger of Shipwrack one of his best Ships was lost and several of the Nobility with 300 Persons of both Sexes perished in her Soon after his coming into England [1.] Chron. Gervâ—s Col. 1410. n. 10. Ben. Abbat p. 29. b. Inquisitors appointed in all Counties of England he called together his Great Men and appointed Abbats and Clerks Earls and Knights to pass through the Land giving them a Form in Writing what they were to do Into Kent Surry Middlesex Berkshire Oxfordshire Buckinghamshire and Bedfordshire were sent the Abbat of St. Augustins in Canterbury the Abbat of Chertesey the Earl of Clare William de Abrincis Maneser de Dammartin Gerold Fitz-Ralph Gilbert de Pinkeny William Fitz-Helt William Fitz-Nigell William Fitz-Martin Ralph of the Hospital and Ralph de Dene All these together were to go the Circuit in the Counties abovesaid and in like manner Inquisitors were sent through all the Counties of England These Itinerant [2.] Chron. Gervas Dorob Col. 1410. n. 20 30. Anno Dom. 1170. Barons were to exact Security and Pledges of all Sheriffs who were Sheriffs since the King went into Normandy which was about four years and of all that after that time were their Bayliffs or Ministers whatsoever Bayliwick or Charge they had under them and of all those which had Hundreds of Barons in any Counties whether they had them in Farm or Management That they should be before the King at a day by them appointed to do such Right to him and his Subjects as they ought to do and if the Sheriffs could not come before them they were to send such in their steads as would be answerable for them and they were to give Security and Pledges as well for themselves as the Sheriffs that they would do before the King what the Sheriffs ought to do at the day appointed And then they were to make this Enquiry I. First of all [3.] Ibidem n. 50. The Articles of Enquiry they were to enquire of the Sheriffs and their Bayliffs what and how much they received of every Hundred and every Township and every particular Man since the King went last into Normandy by reason whereof the Nation or particular Men might be grieved and what they took by the Judgment of the County or Hundred and what without it and what appeared to be taken by the Judgment c. i. e. lawfully was to be written and noted by it self and what was taken without Judgment c. that is unlawfully was also to be written and noted by it self and of all their takings they were to enquire the Cause and with what Testimony or Authority they took any thing from any Man II. Also They were to enquire [4.] Ibidem n. 60. what Lands and how much the Sheriffs had bought or received in Mortgage or were Pawned to them III. Also They were to enquire of the [5.] Ibidem Arch-Bishops Bishops Abbats Priors Earls Barons Vavasors Knights Citizens Burgesses and their Senescals or Stewards Bayliffs or Ministers what and how much they have received in their Lands after the Term aforesaid of every of their Hundreds Townships or their particular Men by Judgment or without it and all the Prises or Takings the Causes and Occasions of them they were to be written and noted distinctly IV. Also They were to [6.] Ibidem 1411. lin 5. enquire of all those that since the time aforesaid had any Bayliwick that is Charge or Employment under the King concerning an * That is when they were void and the Baronies in Custody or Ward Arch-Bishoprick Bishoprick Abby Barony Honour or Eschaet what and how much they gained in that Employment V. Also They were to [7.] Ibidem n. 10. enquire of the Kings Bayliffs or Officers who managed his Business what in any place had
been given to them VI. They were to [8.] Ibidem enquire concerning the Goods of such as * That is Tho. Becket the Arch-Bishop and his Friends fled by reason of the Assize of * That is Tho. Becket the Arch-Bishop and his Friends Clarendon and of the Goods of such as suffered by it what was done and received of every Hundred Township or Man They were to enquire whether any one was unjustly accused in that Assize for Reward Promise Hatred or any unjust way or if any one accused was released or his Judgment reversed for Reward Promise or Affection and who received the Reward They were to enquire concerning the Aid to Marry the Kings Daughter what was received in every Hundred in every Township and of every Man and who received it VII They were to [9.] Ibidem n. 20 30. enquire what and how much the Foresters took their Bayliffs or Ministers or Servants after the time aforesaid in their Bayliwicks or Liberties after what manner and upon what occasion and if by Connivance they omitted to exact what was due to the King for any Reward Promise or Friendship and of the forfeitures of Forests and of such as forfeited in the Forests concerning Harts Hinds or other Wild Beasts And if the Foresters [1.] Ibidem or their Servants took any Man or did upon Accusation take Security and Pledges for him and then released him without Justice They were to enquire who did these things and to note them VIII And all that were [2.] Ibidem n. 40. accused of any Fault were to give Security and Pledges to appear before the King on the day they should appoint to do such Right to the King and his Subjects as they ought to do and such as had no Pledges were to be imprisoned IX They [3.] Ibidem n. 50. were to enquire if the Sheriffs or any of their Bayliffs or Lords of Towns or their Bayliffs had returned any thing they had taken or had made their peace with their Men or Tenents or Vassals to stop their Complaints for coming before the King X. They [4.] Ibidem were to enquire who had been Amerced and if any one had been excused or abated any thing of what he was first Amerced and by whom it was done XI Also [5.] Ibidem They were to enquire in every Bishoprick what and how much and for what Cause the Arch-Deacons or Deans Rural Deans took of any one and the whole was to be written down and noted and they were to enquire who ought Homage to the King and had not done it to him nor his Son and there was a Roll to be made of them This wonderful [6.] Ibidem n. 60. Col. 1412. lin 4. n. 10 20. An. Do. 1170. The day of General Appearance was the Fourteenth of June Who appeared Inquisition was made and all were commanded to appear before the King at London on the Fourteenth day of June And upon that day the Bishops Abbats Earls Barons Sheriffs Bayliffs and Aldermen of all England appeared with their Fidejussors or Sureties in great fear for they knew not the Kings Design or Intentions King Henry cauâ—ed his Son to be Crowned On that very day he Knighted his Son Henry who came out of Normandy but that Week and presently commanded him to be Anointed and Crowned all present being astonished and wondring at this Act. The Arch-Bishop of York performed the Coronation Ceremonies which ended the new King by Command of his Father The Earls and Barons do Fealty to him received the Fealties of all the Earls and Barons and thus freed from their fear they all departed to their own Homes Benedictus Abbas gives a shorter Account of this Inquisition and in some things different â—At Easter saith he [7.] P. 29. b. p. 30. a. the King kept his Court at Windsor where were present at that Feast William King of Scots A great Council at London and David his Brother and almost all the Nobility and Great Men as well Bishops as Earls and Barons from whence after the Solemnity he came to London and held a great Council for the Coronation of his eldest Son Henry and concerning the Statutes of the Kingdom In this Council he turned out of their Offices almost all the Sheriffs of England and their Bayliffs for abusing his People and caused them to do Right to himself and them by causing all the * Omnes homines Regni sui scilicet Comites Barones Milites Francos tenentes etiam Villicanos c. Willielmum Regem Scotiae Davidem fratrem ejus omnes Comites Barones Francos tenentes Regni sui fecit c. The King of Scots his Earls and Barons swear Fealty to the new King Men of his Kingdom Earls Barons Knights Franc-Tenents and also Husbandmen in every Shire to Swear what and how much the Sheriffs and their Bayliffs had taken of them and what with Judgment of the County or Hundred and what without Judgment and for what Forfeitures But by this Inquisition the Nation received much damage for the King restored some of the Sheriffs to their Places and they used greater Extortion than before On the Fourteenth day of June in the presence of almost all the Earls Barons and Noblemen of the Land he caused his eldest Son Henry to be Crowned and Consecrated King by Roger Arch-Bishop of York and Legat from the Apostolick See and the day after caused William King of Scots David his Brother and all the Earls Barons and Franc-Tenents of his Kingdom to become the Men of the new King his Son and made them Swear Allegiance and Fealty to him against all Men saving the Fealty they â—ought to himself On [8.] Ibidem King Henry goes into Normandy The King of France angry that his Daughter was not Crowned Queen The new King made Vice-Roy of England and a new Seal made for him Midsummer-day the King the Father was at Portsmouth from whence he sailed into Normandy for that King Lewis of France was angry that his Daughter Margaret was not Crowned with the new King her Husband and threatned War there At his departure he granted to his Son to do all Right and Justice in his absence by a new Seal he commanded to be made for him On [9.] Ibidem p. 30. b. The two Kings are Friends the Twenty second of July on St. Mary Magdalens-day the two Kings met at Vandeure in Main where upon a Conference they agreed very well From * Ibidem King Henry fell into a dangerous Sickness in Normandy He divides his Kingdom and Lands amongst his Sons this Conference he returned into Normandy and about the Feast of St. Laurence or Tenth of August he fell into so great a Sickness as it was reported through all France he was dead In this Sickness he divided his Kingdom and Lands amongst his Sons To Henry the eldest he gave the Kingdom of
de armis habendis in Anglia Soon after his return he made this Assise of Arms. 1. Whosoever hath a Knights Fee shall have a Coat of Mail an Helmet a Shield and a Lance and every Knight shall have so many Coats of Mail Helmets Shields and Lances as he hath Knights Fees 2. Every Free Layman that hath in Goods or Rent to the value of * The value of the Goods I suppose mistaken it should rather have been Sixty Marks Sixteen Marks shall have a Coat of Mail an Helmet a Shield and a Lance. 3. Every Free Layman that hath in Goods Ten Marks shall have an Iron Gorget an Iron Cap and a Lance. 4. All Burgesses that is Inhabitants or Freemen of Burghs and the whole Community of Freemen shall have a Wambais that is a Coat twilted with Wooll Towe or such other Materials a Cap of Iron and a Lance. And [4.] Ibidem n. 40 50. Every one to have Arms and to keep them for the Kings use every one shall swear That before the Feast of St. Hillary he will have these Arms and will be faithful to King Henry the Son of Maud the Empress and that he will keep these Arms for his Service according to his Command for the Defence of the King and Kingdom and no Man when he hath these Arms shall Sell Pawn Lend or any way put them out of his Custody neither shall his Lord any way take them from his Man or Vassal neither by Forfeiture Gift Pawn or Security for any thing nor any other way When the Possessor of these Arms dieth they shall remain to his Heir and if his Heir be not of such Age as he can use Arms his Guardian shall have the Custody of his Arms as well as of his Body and shall find a Man to use them in the Service of the King while the Heir is of sufficient Age. None to keep more Arms by him than the Assise alloweth If any Burgess hath more Arms than he ought to have by this Assise he may sell or give them to any Man that will use them in the Kings Service and no Man may have or keep by him more Arms than he ought to have by this Assise Also no Jew may have a Coat of Mail or a Jerkin of Mail in his Custody but may sell or give or so part with it that it may be for the Service of the King No Jow to haâ—o a Coat of Mall in his Custody Also no Man shall carry Arms out of England unless by the Kings Command nor sell Arms to any Man that shall carry them out of England Neither Merchant or other Person shall carry them out of England And the Justices shall swear as many Knights or other Freemen and Legal-men in the Hundreds and Burghs in every County as they think fit whether they have Goods to such a value as they ought to have a Coat of Mail All that have Sixteen Marks in Goods or Rent to have of their own a Coat of Mail an Helmet Shield and Lance. an Helmet a Shield and a Lance and that they shall distinctly name all those in their Hundreds and Neighbourhoods or Burghs that have Sixteen Marks in Goods or Rents and the Justices shall cause the Jurors and all others to be written in a Roll and the value of their Goods or Rents And then they shall cause this Assise to be read before such as are to find Arms and cause them to swear they will provide Arms according to the value of their Goods and Rents and the Direction of this Assise and that they will keep them for the Defence of King Henry Son to Maud the Empress and his Kingdom according to his Command And if it happen that any one that is to find Arms be not in the County when the Justices are there they are to appoint him a time to appear before them in another County And if they come not to them in any County through which they pass An. Do. 1181. let him come to Westminster eight days after Michaelmass and then take the Oath as he loves himself and all that he hath and let him be Commanded that he have such Arms as he ought before the Feast of St. Hillary aforesaid All that make default to be punished in their Limbs and Members None to be of the Jury but such as are worth Sixteen or Ten Marks No Ship to be sold or Timber carried out of England None to receive the Oath of Arms but Freemen Also the Justices shall cause to be published in all Counties through which they go that all may take notice That the King will not punish such as make Default in their Lands or Goods but in their Limbs or Members None shall be upon the Jury but such as are worth Sixteen or Ten Marks Also the Justices shall Command in all Counties through which they pass That no Man as he loves himself and all that he hath do buy or sell any Ship to be sent out of England nor that he carry or cause to be carried any Timber out of England And the King Commands that none be received to the Oath of Arms but a Freeman After [5.] Ibidem f. 35â— a. n. 40 50. Young Henry's undutifulness causes the King to go into Normandy An Do. 1182. Young Henry submits to his Fathers Will and Pleasure Christmass the undutifulness of the young King caused his Father to go into Normandy for he and his Wife had gotten to his Brother Philip King of France by whose instigation he wrought all the mischief imaginable against him notwithstanding the Oaths he had taken to be obedient just and faithful to him He again demanded Normandy of his Father or some other of his Dominions but once more he returned to him and sware to submit to his Will and Pleasure and that he would not recede from it nor desire more for his own Expences than One hundred Pounds a day of Anjou Money nor more for his Wife than Ten Pounds a day And further the King granted to pay One hundred of his Knights for that year Next [6.] Ib. f. 352. b. n. 30 40. year at Christmass the old King and all his three Sons were at Caen in Normandy and with them his Son in Law Henry Duke of Saxony and his Wife and Children the Arch-Bishops of Canterbury and Dublin were there also and many Bishops Earls and Barons The young King receives Homage of his Brother Geofrey but Richard refuses After the Solemnity the old King Commanded the King his Son to take Homage of Richard Earl of Poictou and Geofry Earl of Britany his Brothers He received the Homage of Geofry but Richard refused to do Homage to him yet afterwards when Richard offered it he would not receive it Whence Richard grew very angry retired from Court and went into Poictou where he built new Castles and fortified the old His Brother King Henry followed him and
N. 38. Conditions and Articles between King Henry and Roderic granted to Roderic his Liegeman the Kingdom of Conaught so long as he should serve him faithfully that he should be a King under him ready at his Service as his * Sicut homo suuâ— Vassal or Man and that he may hold his Land as well and in Peace as he held it before the King of England entred Ireland paying unto him Tribute c. Second If any of his People were Rebels to the King of England and him and refused to pay Tribute by his hand and to perform other Rights to the King of England he should Justice or punish and remove them and if he could not Justice them the Constable of the King of England and his force should do it c. with several other things mentioned in the Concord it self In this Council King Henry [7] Hoved. f. 313. a. n. 10. Augustin made Bishop of Waterford by King Henry gave unto Mr. Augustin and Irishman the Bishoprick of Waterford then void and sent him over with Laurence Archbishop of Dublin to be consecrated by Donat Archbishop of Cassil In the next year [8] Ibid. f. 316 a. n. 20. A. D. 1176. Pope Alexander the Third sent Vivian Priest Cardinal Legat of the Apostolick See in Scotland and the circumjacent Isles and in Ireland and Norwey to hear and determine in Ecclesiastical Causes This year about the beginning of June died [9] Ib. b. lin 6. Earl Strongbowe dyes at Dublin Earl Strongbowe at Dublin of whose death Reymund then in Desmond [1] Girald Cambr. ut supr c. 14. had notice from his Lady Basilia which he indeavoured to keep private from the Irish and immediately upon the news he called a Council of his most knowing and trusty Friends to consider what was to be done in the present Constitution of Affairs and for that Reymund was suddenly to depart for England they resolved to remove the Garison out of Limeric and disperse it into the Maritim Towns and the strong places in Leinster to reinforce them and to leave the charge and defence of that City Reymund commits Limeric to O Brien to Donald O Brien or Breen of Tuomond Prince of Limeric as one of the King of England's Barons who gave new Hostages and made fresh Oaths for to defend the Town restore it to the King of England upon demand and to preserve the Peace But the English were no sooner over one end of the Bridge He breaks down the Bridge and fires the Town but Donald caused the other end to be broken down and the City to be fired in four places from hence the Army marched to Dublin The Irish Annals place the death of Earl Richard and the coming of Cardinal Vivian into Ireland in the year following A. D. 1177. The Kings [2] Ibid. c. 1â— Commissioners after the Earls death make hast into England and acquaint the King with the change of Affairs in Ireland who forthwith sends (a) This William was reckoned as one of the Houshold or Dapifer to King Henry the Second Hoved. f. 301. b. n. 40. and was Seneschal of Normandy Poictou or some other his Dominions in France he was Luxurious and Proud yet Covetous and scraped together much Wealth by indirect as well as fair courses He was harsh unkind and injurious to the Officers both Military and Civil which he found in Ireland He was negligent in his Government and therefore continued but a short time in it Girald Cambren l. 2. c. 16 17. William Fitz-Adelm * In Hiberniam procuratorem misit Procurator thither with ten Knights or Men at Arms of his private Guards or William Fitz-Adelm sent Procurator into Ireland Houshold to attend on him and joyned with him John de Curcy with whom he sent ten others of the same Quality Also Robert Fitz-Stephan and (b) * F. 293. b. n. 10 Hoveden calls him Miles de Coggeham Richardus Comes de Striguil magno congregato exercitu invasit Hiberniam maximam illius partem subjugavit sibi auxiliante eâ— Milone de Coggeham viro bellicoso facta concordia cum Rege Diviliniae filiam illius in uxorem duxit cum Regno Diviliniae that is Leinster Miles Cogan who for two years last past had served him nobly and bravely in his Wars of France and England with twenty to attend upon their Persons Reymund hearing they were landed marched to Wexford and received them with great respect and kindness and forthwith delivering up the Cities Garisons Forts and Hostages of all Ireland to William Fitz-Adelm as Senescal sent by the King John de Curcy [5] Ibid c. 16. f. 791. lin 1. John de Curcy holdly sets upon Vlster finding William Fitz-Adelm to act Covetously Timorously and Deceitfully as not being faithful to those under his command or formidable to the Enemy He took out of the Forces of Dublin which by the sloath of the General and for want of Pay and their usual refreshment by Plunder two and twenty Knights or men at Arms and 300 others And boldly sets upon the Kingdom or Province of Vlster not yet attempted by the English Arms. Cardinal [6] Hoved. f. 320. b. n. 10 20. He takes Doun Vivian beforementioned was with King Guthred in the Isle of Man at Christmass and after Epiphany or Twelf-day passed into Ireland and remained at Doun the chief Town then of Vlster while he was there about Candlemass [7] Ibid. Girald Cambren Hibern Expugn lib. 2. c. 16. f. 794. n. 20. A. D. 1177. John de Curcy came before that place and took it without trouble the Governor Dunleue or perhaps Donald not being provided for a defence fled The Cardinal mediated a Peace between the King and John but without effect Whereupon Roderic King of that Province and Dunleue raise an Army of 10000 Irish in few days and march toward Doun to besiege it John de Curcy thought it could no ways be for his advantage to be shut up in a Fortress he had built in a corner of the City and therefore drew out the few men he had not exceeding seven hundred and went toward them resolving to try the Fate of a Battle He obtains a Victory over Roderic and Dunleve They came to a sharp and cruel Engagement wherein he obtained the Victory with a mighty slaughter of his Enemies though not without great loss on his own side Roger Poer a stout young Gentleman was the second eminent Person in this Action Giraldus Cambrensis in the same Chapter tells us of four other Battles fought by John de Curcy in Vlster but just only mentions them and the places where they were fought Stanihurst also in his [8] P. 182. History of Ireland passeth them over as briefly but Dr. Hanmer in his [9] F. 148. I take this to be the Book of Houth so often cited by Camden and Dr. Hanmer Chronicle of that Nation from
laudably and learnt the Wisdom of this World by which afterwards he knew well how to transact the Common affairs of the Church of England and the public business of the Kingdom or secular Government Reversus receptus in partem Sollicitudinis Reipublicae Londinensis vicecomitum Clericus rationalis effectus jam ibi laudabiliter se habens didicit prudentiam hujus Lucis [6] Ib. Col. 2. Qua postmodum probe noverat Communia Ecclesiae Anglorum publica totius Regni egregie magnificè tractare negotia He [7] Ibidem How he was brought to the knowledge of Arch-Bishop Theobald was brought to the knowledge of Theobald Archbishop of Canterbury by two Brethren of Bologn Baldwin Archdeacon and Master Eustachius oftentimes his Fathers Guests and of the Retinue and acquaintance of the Arch-Bishop [8] p. 2. Col 2. By him he was imployed to Rome who sent him several times to Rome upon business concerning the English Church where he was in great favor with the Popes and great Officers of the Roman Church The [9] Ibidem p. 3. Col. 1. His first Preserment first Preferment he had was the Church of St. Mary in the Strand which stood I think where Somerset House is now built given him by the Bishop of Worcester then the Church of Otford given him by the Arch-Bishop Then he was made Prebend of St. Pauls London He went to Bononia and Auxerre and studied Law and also Prebend of Lincoln By leave of the Arch-Bishop he passed the Sea and Studied the Laws one year at Bononia in Italy and afterwards at Auxerre in France In process of time the Arch-Bishop ordained him Deacon and made him Arch-Deacon of Canterbury who was then after Bishops and Abbats the first and best Clergy man in England the Arch-Deaconry being worth to him one Hundred Pounds of Silver by the Year By the [1] Ibidem p. 5. Col. 1. He is made Chancellor His Popularity His Enterteinment and the manner of it mediation and procurement of the Arch-Bishop and the Bishop of Winchester he was made Chancellor and proved mightily popular His 2 House and Table was common to all Indigent persons of whatsoever order coming to Court There was scarce a day passed but he Eat with Earls and Barons which he himself invited he commanded his Roâ—ms of Entertainment should every day be strewed with fresh straw or hey in Winter and with fresh Rushes or green grass or leaves in Summer That the multitude of Knigts or Military men the Seats could not receive might sit down upon a clean floor lest their fine Cloaths and shirts might be Spotted and Sullied with the Dirt or Dust The [3] Ib. Col. 2. p. 6. Col. 1. The Kings and Noblemens Sons Committed to his Education Great men of England and Neighbour Kingdoms sent their Sons to serve him from whom they received ingenuous Education and were often Knighted and sent back to their Parents with honor The King himself placed his Eldest Son with him and recommended him to his Education whom with many of the Sons of Noblemen and their Retinue their Masters or Tutors and proper Servants he had alwaies with him and treated them with all due honor To him [4] Ib. Col. 2. p. 7. Col. 1. Noblemen and Knights without number did Homage which he received saving their Faith to the King Cancellario Hamonagium infiniti Nobiles Milites faciebant * 't is Homagium in Quadrilogus He receives homage of Noblemen c His Bounty and Liberality Quos ipse salba side Domini Regis recipiebat There was scarce a day in which he did not give some large boons as Horses Hawks rich Cloathes Gold or Silver utensils or money And his Liberality and bounty was such that he became the love and delight of all Europe and was most acceptable to the King Clergy Military men and people Regi Clero [6] Militia here signifies Tenents in Capite Earls Barons Knights and other Military men as it alwaies doth in old Historians Militiae populo erat acceptissimus Thus he behaved himself in Peace let us see what he did in War In the [7] Ib. p. 8. Col 2. His great Retinue Army and Siege of Tholose when all England Normandy Anjou Britany Poicton and Scotland furnished out Soldiers to the King The Chancellor had a chosen number of Seven Hundred Knights of his own Family or Forces See more of this matter in the Reign of this King f. 302. E. After [8] Ib. p. 10. Col. 1. Col. 2. He is made Arch-Bishop of Canterbury A. D. 1162. The See of London was then void Gervas Dor. Col. 1669. n. 20. the Death of Theobald the King being confident he would serve and obey him according to his will and pleasure as when he was Chancellor resolved to preferre him to the Arch-Bishoprick To which he was unanimously chosen by the Suffragans of his Province and in the year of our Lord 1162. in the Octaves of Pentecost on the Feast Day of holy Trinity in the Metropolitan Church in the presence of all the Suffragan Bishops was presented to the Church of Canterbury by Henry Son and Heir of King Hen. 2d and by Richard de Luci and other great men of England on behalf of the King then beyond Sea and was ordained by Henry Bishop of Winchester and Pope Alexander the 3d. sent him a pall by his Clerc or Chaplain John of Salisbury afterwards Bishop of Chartres in France and well known by the name of Ivo Carnotensis Hoveden says King Henry gave him the Arch-Bishoprick [9] f. 282. a. n. 20. Anno ab incarnatione Domini 1162. Hen. Rex dedit Tho. Cancellario Archiepiscopatum Cantuariae That is named him or gave him a Conge Destire After he was consecrated [1] Ib. p. 11 12 13. After his Consecration he changed his manner of living and proved Disobedient to the King Arch-Bishop he became another man put on a severe and rigid Monks Habit lived an austere life and altered chose and ordered his family accordingly and contrary to the Kings hope and expectation he withdrew himself from the Kings obedience and service and contradicted him in many things [2] Ib. p. 14. Col. 1. Postquam Rex Archiepiscopum fecerat a suo se retraxit obsequio in pluribus contradixit Some [3] Ibidem The Kings mind alienated from the Arch Bishop Court Clercs and Bishops about the King who fearing the Titles of their Preferments and the Arch-Bishops power perswaded him that if it should go on his power must come to nothing and unless he provided for the security of himself and Heirs he should at any time be King whom the Clergy would choose and he should Reign as long as the Arch-Bishop pleased [4] Ib. Col. 2. This saith mine Author was the first cause of the Kings displeasure against him It [5] Ibidem The Kings displeasure
Churches which they received by the Pontificial Law were safe For whatsoever was against the true faith of the Church and against the Laws of God could not in bona fide legitime observari in good faith and Lawfully be observed Also a Christian King hath no Dignity by the use whereof the Liberty of the Church which he hath Sworn to maintein must Perish Further those which you call Royal Dignities were sent to the Pope to be confirmed and brought back rather disallowed than allowed by him he hath shewn us an Example and taught us that we should do so being ready with the Roman Church to Receive what that Receives and to Refuse what that Refuseth Yet further if we failed in any thing at Clarendon for the flesh is weak we ought to take Courage and by the virtue of the holy Spirit to strive against the old Enemie who Endeavours that he which stands may fall and that he which hath faln may not Rise If we promised any injust things there or confirmed them in the Word of Truth you Know such unlawfull stipulations do not oblige The Bâ—shops [1] Ib. p. 32. Col 1. The King Excusiâ—g the Bishops exacts Judgment from the Earls and Barons agaiâ—st the Arch-Bishop Certain Sheriffs and Barons of a Second Rank were added to them return to the King in Peace being Excused from Judging the Arch-Bishop they sit apart from the Barons Nevertheless The King Exacts Judgment of the Earls and Barons Concerning him Evocantur quidam Vicecomites Secundae Dignitatis Barones antiqui Diâ—rum ut addantureis assint Judicio Certain Sheriffs are called and ancient Barons of a Second Rank or Dignity to be added to them and to sit in Judgment after a little while Proceres ad Archiepiscopum redeunt The Noble men return to the Arch-Bishop and the Earl of Leicester pressing some of them to pronounce sentence who refused it began to repeat the Business of Clarendon very particularly as the Bishop of Chichester had done before Quasi inde manifesta Erat Regiae Majestatis laesio promissionis in verbo veritatis ibi sactae transgressio as if he had been Guilty of manifest Treason or had broken his promise in verbo veritatis there made and bad the Arch-Bishop hear his Sentence But the Arch-Bishop [2] Ib. Col. 2. 〈◊〉 1 He refuseth to hear their Judgment And went to the Monastery of St. Andrew not willing to forbear any longer said What is it that ye will do Come ye to Judge me ye ought not Judicium est sententia lata post Contraversiam Ego hodie nichil dixi ut in Causa Judgment is Sentence given after the Controversie or Tryal I said nothing this day as to the Cause I have been Cited for no Cause Except that of John who Tryed it not with me and therefore you cannot Judge me I am your father ye are Noblemen of the Court of Lay power Secular persons I will not hear your Judgment The Noblemen retired and the Arch-Bishop went his way to the Monastery of St. Andrews in Northampton and Herbert and William Fitz-Stephan with him The King hearing [3] Ib. p. 33. Col. 1. The King caused Proclamation to be made none should revile or hurt him of his Departure caused Proclamation to be made in the Streets That no man should give him or any of his Retinue ill Language or molest them any ways After Supper that Night he sent three Bishops to ask Licence and safe Conduct from the King for his Departure who told them they should have his Answer in the morning but he fearing some ill from that Delay dare not stay This was the Seventh day of his appearing in Court [4] Ib. Col. 2. p. 34. Col. 1. The King and Council Consult what to do after the Arch-Bishops departure The Arch-Bishop of York and four Bishops sent to the Pope and that night he went away without Licence only accompanied with two Servants without either Clerc or Knight On the Morrow when his flight was known to the King and all the Council they considered what was needfull to be done and the Arch-Bishop was permitted to enjoy all the revenues of the Church of Canturbury because both sides had appealed The King sent presently beyond Sea to the Pope the Arch-Bishop of York and four Bishops Gilbert of London Hilary of Chichester Bartholomew of Excester Roger of Worcester and two Earls and two Barons with three of his Domestic Clercs The rest of that day was spent about Raysing some foot to be sent against Rese King of Wales and there was a certain number promised by every Ecclesiastic and lay person for the Kings assistance which was written down and so the Council was Dissolved The [5] Ibidem The Arch-Bishop lands at Graveling King sent after him to Dover and other Ports but he lay still in the Day time amongst his friends in several Monasteries and travâ—lled in the night and it was from fifteen days after the Feast of St. Michael untill the Second of November before he took Ship at Sandwich say most of the Historians and Landed at Graveling Quadrilogus of the Quadripartite History doth not in all things agree with this Relation of Thomas the Arch-Bishops Tryal And the Reasons of the Discord between the King and him The chief whereof was [6] Lib. 1. c. 22. The chief cause of the Difference between the King and Arch-Bishop That several Lewd irregular Clercs were accused of divers Crimes and one of Murther in the Diocess of Salisbury who was taken and Delivered to the Bishop thereof the Kings Officers and the Kinred of the Defunct call for Justice The Priest denies the fact which not being proved by his Accusers he was put upon Canonical purgation in which he fayled The Bishop of the Diocess sent to the Arch-Bishop to know the Law in that Case who commanded he should be Deprived of his Benefice His opinion and Direction how Criminal Clercs were to be punished and all his Life perform strict pennance in a Monasterie And thus all Debauched Infamous Clercs by Decree of the Arch-Bishop confirmed by the Sanction of Canons were to be punished in his Province and the Punishment to be greater or less according to the quantity of the Crime the Degree and Order of the person and the manner and Cause of perpetration At the [7] Ibid. The King as zealous for the peace of his people as the Arch-Bishop for the Liberty of the Clergy same time one Philip de Lydrois a Canâ—n of what Church t is not said Reproached the Kings Justiciarie for which he was not only Exasperated against him but the whole Clergie The Arch-Bishop punished this Clerc by causing him to be whipped with rods and he was suspended from his Benefice for some years But this satisfyed not the King who was as Zealous for the Peace of his People as the Arch-Bishop was for the Liberty of the Clergy who
grew every day more Dissolute all the Kingdom over For which Cause the King calls the Arch-Bishop Bishops and Clergy to London And [8] Ibid. c. 23. He urgeth the Bishops that Clercs might be tryed by the Secular Law for Enormous Crimes having told them the Cause of their being called together and urgently pressed that Clercs taken for or accused of Enormous Crimes might be Left to his Officers and not have the protection of the Church He most Earnestly required by Advice of such as had skill in both Laws That such Clercs might presently be Degraded and * Curiae Tradantur Delivered to the Court whence some very learned men by reason of the Kings favour did affirm That they were not to be sent into Exile or Thrust into a Monasterie by the Canon Law but rather were to be Delivered to the Court That is they were to be punished by Secular Judgment The [9] Ibid. The Arch-Bishop neither could or would bear it Arch-Bishop with the Bishops of his Province having consulted their Learned men being much concerned for the Liberty of the Clergy answered to these things clearly and probably or perhaps by proof luculenter satis probabiliter Respondent according to the Canonical Institution of antient Fathers And in the End of his Speech with much Devotion beseeched his Royal Clemency * Regiâ—m objecrabat Clementiam â—esub novo Rege Christo sub nova Christi Lege in novam peculiarem Domini sortem contra sanctorum patrum instituta novam per Regnum suum induceret cohertionem c. That he would not under a new King Christ and under a new Law of Christ Introduce into a new and peculiar Lot of the Lord contrary to the Decrees of the Antient Fathers a new way of Coertion into his own Kingdom and this he begged for the Kings Sake and the Quiet and Stability of his Kingdom often humbly inculcating that he neither Could or would bear it But the [1] Ibid. c. 24. He requires the Observation of his Laws King not moved with his importunity Demanded more earnestly whether he and the Bishops would observe his Royal * Consuetudines suaâ— Regias The Arch-Bishop and Bishops answer they would observe them saving their Order The King angry at their Answer Laws and Customes adding that in his Grandfathers time they were observed by the Arch-Bishops Bishops Chief men and priviledged persons and That now they ought not to be set aside The Arch-Bishop after Consultation with his Brethren Answered they would observe them salvo ordine suo and the Bishops being asked one by one gave the same answer only Hilary Bishop of Chichester changed the Phrase saying he would observe the Kings Customes or Laws Bona fide in good faith The King was Angry at the Answer and Reservation of the Arch-Bishop and other Bishops and departed from them Most of the [2] Ibid. c. 25. The Bishops desert the Arch-Bishop Bishops Desert the Arch-Bishop and he a long time persists in his Denyal notwithstanding all the exhortations of them and perswasions of the Secular great men yet at length he came to the King at Oxford and promised to change those words salvo ordine suo saving his Order which gave him so much Trouble Hereupon the King [3.] Ibidem C. 26. The Council at Clarendon called the Bishops and great men to Clarendon where he Exacted the promises of the Arch-Bishop and Bishops and by the perswasion of the Bishop of Man and Norwich and two of the greatest Earls of the Nation and other great persons sent from the King he promised bona fide and in verbo veritatis in good faith and in the word of Truth The Arch-Bishop and Bishops promise Bona fide and in verbo veritatis to observe the Kings Royal Laws to observe the Kings Laws leaving out the words salvo ordine suo and all the Bishops did the like and then those Royal Customes were drawn up in form and caused to be written by the great men and Recognized by them In this Council [4] Ib. c. 27.28 The King requires the Bishops to put their Seals to their acknowledgement The Arch Bishop repents and refuseth and indeavours to Escape the King requires the Arch-Bishop and Bishops to confirm their acknowledgment of his Laws by putting thereunto their Seals The Arch-Bishop repents him of his promise and refuseth to do it and resolved to go privately unto the Pope which he attempted and having been twice at Sea was both times Driven back This [5] Ibidem C. 30. Anno Domini 1164. The King Angry at his Endeavour to Escape attempt much heightned the Kings Displeasure against him and he caused him peremptorily to be Cited at a certain Day to answer such things as should be objected against him The King also by a strict Edict * Regni Episcopi Vniversi Proceres Ex Edicto Regio Districtissimè Convocantur The Bishops and great men judgâ— all his Moveables to be Confiscated called together all the Bishops and great men of the Kingdom to meet at Northampton where the Arch-Bishop appeared not in person according to his Citation though he sent his answer and excuse for which cause by the Judgment of all those Bishops and great men all his movables were confiscated This he said was a new form of Judgment according to the new Canons or Laws made at Clarendon for it was never heard of before That the Arch-Bishop of Canturbury should be tryed in the Kings Court for any Cause whatsoever both in Respect of the Dignity of his Church and person and that because he was spiritual father of the King and of all in the Kingdom but he complained more of his Brethren and Fellow-Bishops Than he did of the Judgment or the Lay persons Judging of him c. [6] Ibidem veruntamen multo magis quam de Judicio vel de proceribus Judicantibus de Consratribus suis Coepiscopis Querebatur Novam formam ordinem Judiciorum dictos invenisse ut Archipraesul à suis Suffraganeis aut Pater à filiis judicetur The King in the [7] Ibidem C. 31. 500 l. charged upon the Arch-Bishop Security given for it Second day of this Council required five hundred pounds of the Arch-Bishop which he said he had borrowed of him The Arch-Bishop affirmed the King gave him the money which notwithstanding when he could not prove it was adjudged against him and the King Exacted Caution and the Arch-Bishop making some Delay it was told him he must either pay the money or go to Prison But some men seeing his friends and Suffragans forsake him voluntarily offered themselves as Sureties for him and five not there named became bound every one in an hundred pounds On the [8] C. 34. last day of the Council before he Entred into the Court the Bishops came to him astonished and affrighted at the things they had heard whence *
of Canturbury and my own with all things belonging unto them under Gods protection and his Nevertheless you my Brethren and fellow-Bishops because you obey Man rather then God He Appeals to the Pope I call you to the Audience and Judgement of the Pope And as from the Enemies of the Catholic Church by Authority of the Apostolic See I retire from hence And so made his Escape as hath been before related But [5.] Hoved. f. 284. a. n. 10.20 A. D. 1165. before he could reach the King of France Gilbert Foliot Bishop of London and William Earl of Arundel had been with him â—o prohibit him from receiving the Arch-Bishop of Canturbury into his Kingdom and to prevail with him to send to the Pope The King sent the Bishop of London and Earl of Arundel to the King of France not to receive him That out of kindness to him he would not receive him into his favor But by how much the more the King of Englands Messengers laboured that the Arch-Bishop might be expelled France by so much the more the King of France cherished his cause and besides sent Francis his Almoner to Pope Alexander then in France * Mandans ei ut sicut honorem Requesting or Requiring him That as he loved the Honor of the Roman Church and the Advantage of the Kingdom of France so in all things he should maintain Thomas Arch-Bishop of Canturbury and his cause against the Tyrant of England and from that time forward the Pope received him into great favour In the mean time 6 ibid. n. 30.40 He sends also to the Pope to no purpose King Henry sent to the Pope Roger Arch-Bishop of York Henry Bishop of Winchester Gilbert Bishop of London Hilary of Chichester and Bartholomew Bishop of Excester Wido Rufus Richard Ivelcester and John de Oxford Clercs William Earl of Arundel Hugh de Gundevile Bernard of St. Walery and Henry Fitz-Gerald who found the Pope at Sens and spake many Evil and false things against the Arch-Bishop but the Pope believed them not His messengers Râ—quested him to send two Legats to hear and determine the cause Knowing they delivered false Testimony against him They seeing they could not prevail Requested him to send two Legats into England to hear the Controversie between the King and Arch-Bishop and to determine it according to the Honor of God and of Holy Church and the Kingdom * Hoveden reports [1] f. 483. b. n. 20.30 The Arch Bishop charged with 30000 l. that the King sent his Knights to him and commanded he should come and give a full Account of what he had received when he was Chancellor and particularly of 30000 pounds of Silver To whom he answered That the King Knew well enough that he had often given an Account of all those things which were demanded of him before he was Elected Arch-Bishop And That at the time of his Election Henry the Kings Son all the Barons of the Exchequer and Richard de Luci Justitiary of England had acquitted and discharged him to God and Holy Church from all Receits and Accounts and from all Secular Exaction on behalfe of the King and That he was chosen to his Office Free and discharged and therefore would not answer further He pleads his discharge [2] ibid. In Electioné mea Henricus filius ejus omnes Barones Scaccarii Richardus de Luci Justiciarius Angliae clamaverunt me quietum Deo Sanctae Ecclesiae de omnibus Receptis Computationibus ab omni exactione Seculari ex parte Domini Regis sic liber absolutus Electus fui ad hujus officii administrationem ideo nolo amplius inde placitare But the Pope [7] Hoved. 1.284 a. n. 30.40 The Pope would neither send Cardinal nor Legats lest they should be corrupted would send neither Cardinal nor Legats Knowing the King of England to be mighty in Word and Deed and that the Legats might easily be corrupted as men loving Gold and Silver rather then Justice and Aequity and therefore the Kings Envoyes retired from the Popes Court and within four days the Arch-Bishop came thither and throwing himself at the Popes Feet delivered him a [8] See Append n. 41. The Pope damns the Kings Laws Transcript of the Laws which the King called Ancient Which when the Pope had heard read before the Cardinals Clergy and People he for ever damned them and anathemized all those that kept or any way favoured them After these things in the same year King Henry passed into Normandy making a Grievous and [9] See Append n. 44. The King puts forth a severe Edict execrable Edict so Hoveden against the Pope and Arch-Bishop the Contents whereof were these If [1] Hoved. f. 284. b. lin 4. any one shall be found bringing Letters or Mandates of the Pope or Arch-Bishop containing an Interdict of Christianity that is the use of the Service Sacraments and Holy Rites in England let him be taken and let speedy Justice be executed upon him as a Traytor to the Kingdom Also no Clerc Monk or other Religious person may be permitted to pass beyond Sea or return into England unless he hath a Pass-port from the Justices for his Going out and the Kings Letters for his return and if any one doth otherwise let him be taken and imprisoned Also it was forbidden That no man bring any Command or Message from the Pope or Arch-Bishop whoever doth let him be taken and deteined Also generally it was forbidden that no man should Appeal to the Pope or Arch-Bishop nor for the future should receive any Message or Commands from them nor hold any Plea by their Order or Command and if any man did contrary to this prohibion he was to be taken and deteined or imprisoned Also the Bishops Abbats Priests Monks Clercs or Lay-men that shall comply with or submit to the Sentence of an Interdict They and their Kinred shall forthwith be cast out of the Nation and shall carry nothing with them Their goods and possessions shall be taken into the Kings Hand Also all Clercs That have Rents and Estates in England shall be summoned that they Return to them within three moneths and if they do not their Goods and Possessions shall be seized to the Kings use Also That the Bishops of London and Norwich should be summoned before the Kings Justices to make satisfaction for that contrary to the Statutes of the Realm they had interdicted the Lands of Earl * Hugh Bigod Earl of Norwich Or Hugh Earl of Chester Hugh and pronounced Sentence against him Also That the Peter-Pence should be gathered and safely kept After this in a Discourse in the Council which the King held at Chinon in Tourain as [2] f. 284. b. n. 30. Hoveden seems to have it or in an Epistle to him as the Quadripartite [3] lib. 5. History hath it He tells the King That the Church of God consisted
of two orders Clergy and Laity [4] Hoved. f. 285. a. n. 10. The Church consists of two Orders Clergy and Laity Ecclesia Dei in duobus constat ordinibus in Clero populo Amongst the Clergy were Apostles and Apostolic men The Church consists of two Orders Clergy and Laity Bishops and other Governors or Rectors of Churches to whom the Care and Government of the Church was committed In Clero sunt Apostoli Apostolici viri Episcopi c. [5] Ibidem amongst the Laity were Kings Dukes Earls and other powers who transacted Secular affairs that they might reduce the whole to the peace and unity of the Church In populo sunt Reges Duces Comites c. And because it was certain that Kings receive their power from the Church Kings receive their power from the Church according to the Arch-Bishops Doctrine The state of the Controversy between the King and Arch-Bishop from his own Mouth and not That from them but from Christ therefore he had nothing to do to command Bishops to excommunicate or absolve anyone To force Cleres into Secular Courts or Judicatures To judge of Tithes of Churches To prohibit Bishops That they handle not or meddle with transgression or breach of Faith or Oath interdicere Episcopis ne tractent de Transgressione fidei vel Iuramenti and many other things which were written after this manner amongst his Customes which he called ancient Then after a [6] Ibidem n. 20. Citation of Scripture out of the Prophets Woe to those that make unjust laws and writing write injustice That do oppress the Poor in Judgment and do wrong to the cause of the humble of the people of God he goes on â—Let my [7] Ibidem His Speech or Epistle to the King Lord if he pleaseth hear the Counsel of his faithful one the admonition of his Bishop the chastisement of his Father Have no Familiarity or communion for the future with * That is Frederic the Emperor and such as adhaered to Pope Victor and rejected Alexander See here fol. 303. A. Schismatics for 't is known to the whole world how devoutly and honourably you received the Pope meaning Alexander how you honoured and cherished the Roman Church how much the Pope and Roman Church loved and honoured your person and heard you in all things whatever they could without offence to God Et in Quibuscunque secundum Deum potuerint vos Exaudierint Do not therefore my Lord if you desire the Health of your Soul any ways substract from that Church what is its own or oppose it any thing contrary to Justice Yea let it have the same Liberty in your Kingdom which it is known to have in others Be mindful also of the Profession you made and laid it written upon the Altar at Westminster when you were consecrated and anointed King by our Predecessor That you would preserve to the Church of God her Liberty and That you would restore the Church of Canterbury to the same State and Dignity it was in the times of your and our Predecessors Restore wholly to us The Possessions that belong to that Church The Towns Castles Lands which you distributed at your pleasure and all things taken away from Vs our Clercs or Lay-men Permit us freely and in peace to return to our See And we are ready faithfully and with Respect to serve you as our most Dear Lord and King In all things we can Saving the Honor of God and the Roman Church and our Order [8] Ibidem n. 40. Otherwise Know certainly That you shall feel the Divine severity and vengeance Et nos vobis tanquam charissimo Domino et Regi fideliter et devote servire parati sumus in Quibuscunque poterimus * The same words are in Quadrilogus lib. 5. Salvo Honore Dei et Ecclesiae Romanae et Ordine nostro * The same words are in Quadrilogus lib. 5. Alioquin pro â—certo scias Quod divinam severitatem et ultionem senties In an [9] Append. n. 46. Epistle to his Suffragans He Expostulates with them why they Concurred not with him in opposing the King and reclaiming him from his perverse purposes which seemed to him dangerous and intolerable and gives them notice That first having invoked the Grace of the Holy Spirit he had damned and cassated the writing He expostulates with his suffragans why they concurred not with him in opposing the King c. He castates and nulls the Kings Laws and Excommunicates all the favourers of them in which he had published his Customs or rather as he calls them Pravities And that he had Excommunicated all the observers exactors advisers promoters and defenders of them and had absolved all them his suffragans by Gods and his own Authority from the Observation of them Also That he had Excommunicated Iohn of Oxford afterward Dean of Salisbury and Bishop of Norwich for Joyning with Reginald Arch-Bishop of Colon and the Germans for Victor alias Octavian against Alexander and for usurping the Deanry of Salisbury against the Popes and his Command and declared his Title to it null and void He also [1] Ibidem He Excommunicates by name many others for several matters let them Know he had Excommunicated Richard Ivecestre or Ilcester for joyning with Arch-Bishop Reginald and the Germans as was said before and That he had Excommunicated Richard de Luci and Iocelin de Bailol because they drew up and put into form the Royal Customes and Laws or as he says because they were the authors and makers of those pravities Likewise That he had excommunicated Ranulph de Broc for taking and Deteining the Goods of the Church of Canturbury and for taking and imprisoning his Men or Tenents as Laymen That with him he had Excommunicated Hugh de St. Clare and Thomas Fitz-Bernard who had occupied the Goods and Possessions of the same Church without his Connivance or assent and all others That afterwards should do the like He further [2] Ibidem He tells his suffragans he yet deferred to pronounce Sentence against the Kings person but was ready to do it signifies to them That as yet he had deferred to pronounce Sentence against the Kings person expecting That being inspired by Divine Grace he might Repent which if he did not quickly he was ready to do it and commanding their Fraternity by virtue of their Obedience That they should Esteem as Excommunicated the before mentioned persons and cause them to be denounced such injoyning the Bishop of London to send and shew this Epistle to all his Brethren and fellow-Bishops of his Province After these proceedings of the Arch-Bishop A severe Edict to watch the Ports and against such as brought any thing from the Pope c. King Henry sent his Precept into England That all the Ports should be most strictly watched lest Letters of Interdiction should be any ways brought in and if any one brought them he
commanded his Feet should be cut off if he was a Clerc then to lose his Eyes and Genitals if a Laic to be hanged if a Leper to be burnt And if any Bishop fearing such interdict would depart the Nation he should carry nothing with him but his Staffe He willed also that all Scholars should return into England or they should be deprived of their Benefices and such as staid should never return The Priests that would not chant or sing Masse he ordered to be Gelt and all such as were Rebels to him were to lose their Fees or livelyhoods He also sent his [4] Append. n. 47. The King Commands the Sheriffs to imprison all such as Appealed to the Pope c. and to seize the Rents and Possessions of the Arch-Bishop Writs to all the Sheriffs in England That they should imprison all such as Appealed to Rome until his Pleasure was Known That they should seize all the Rents and Possessions of the Arch-Bishop as Ralph de Brocke and his other Ministers should direct That they should take security for the good behaviour of the Fathers Mothers Sisters Brothers Nephews and Nieces of all such Clercs as were with the Arch-Bishop and also that their goods should be forth-coming until his pleasure was Known When he [5] Hoved. f. 286. b. N. 10. A. D. 1166. He Banished all his Relations returned out of Normandy into England in the year 1166. he Banished out of England and all his Dominions all Men and Women that he could find which were akin to the Arch-Bishop and spared not the Children sucking their Mothers Breasts and he had not been two years in the Abby of Pontigny in the confines of Champaign and Burgundy with Warin and his Monks to whom Pope Alexander had recommended him [6] Ib. N. 20. And forced him to leave the Monastery of Pontigny But King Henry sent to the Abbat That if he sheltered any longer the Arch-Bishop of Canturbury in his Monastery he would Banish all the Monks of his * They were Cistertians From whence he goes to the Abby of St. Columb Order out of England The Arch-Bishop being told of this Message of his own accord left the place lest for his sake so many Religious houses might perish And from thence he went to the King of France who received him very kindly and sent him to the Abby of St. Columb near the City of Sens. Pope Alexander writes to [7] Hoveden ut supra n. 30. c. The Pope writes to King Hen. in behalf of Thomas And tells hiâ— of the difference of the Secular and Ecclesiastic power and rights And advises him not to confound them King Henry in favor of the Cause of Thomas the Arch-Bishop and tells him that as the Seculars were Distinguished in Life and Habit from Clercs so their Courts were quite Different That therefore he had perverted them by an indecent order and usurped those things which belong to Christ by making new Laws according to his own Will to the oppression of the Church and poor of Christ and so Exhorts him to permit every one to have his own Right and to leave Ecclesiastical matters and especially such as were Criminal about breach of Faith or Oath de laesione fidei aut Juramenti The Causes also which concern the things and possessions of Churches to be discussed by Ecclesiastic persons because it neither was Expedient nor became him to confound the Secular and Ecclesiastic government Regnum Sacerdotium confundere non adeo Serenitatem tuam Deceret nec etiam expediret He also wrote to [8] Append. N. 48. Gilbert Bishop of London to perswade the King to be kind to the Church and Receive the Arch-Bishop into favour The Bishop of [9] Ibidem N. 49. He writes also to the Bishop of London to incline the Kings affection to Thomas and the Church The Kings sober and complying answer to his proposals London takes to his assistance Richard Bishop of Hereford they both urge the King according to their instructions given them by the Pope in this and other Epistles who they tell him received his Correptions very thankfully and with great temper of mind answered every thing very modestly First That he had no aversion to him nor ever thought of any such thing That while he shew him his Paternal grace and favour The King would Love him as his Father and honor and cherish the Roman Church as his Mother and humbly obey his holy Commands saving his own and the Dignity of his Kingdom That if at any time he had been Deficient in his Reverence toward him it was because when he had in his necessity with his whole heart mind and strength espoused his Cause yet afterwards he being in great straights his Holiness failed him and to every Petition gave him a Repulse He said he will hinder no man from visiting your Holiness nor as yet hath he done it In Appeals according to the ancient Constitution of his Kingdom he affirms that no Clerc ought for a Civil Cause ob Civilem Causam to go out of his Kingdom before he had by his Authority and precept tryed whether he could obtein his right or not if he cannot any one might and shall Appeal to you In which if he did any ways prejudice your right or honor he would amend it by advice of the Church of his own Kingdom He asserts he never Expelled the Arch-Bishop out of his Kingdom and as he went of his own accord so he may freely return again to his Church when he please On Condition he observe his Royal Dignities which he Swore to observe though now he calls them wicked and unjust and if any Church or Ecclesiastical person can shew himself grieved by him or any of his he is ready to make Satisfaction according to the Judgment of the whole Church These they say were the [1] Ibidem Kings Answers and beseech his sublimity to consider what Issue this Affair is like to have when as the King seems much to justifie himself in that he submits in all things to the Counsel and judgment of the Church of his Kingdom And the Arch-Bishop may Return upon the Condition before Expressed And do supplicate his * Excellentiae vestrae supplicandum aestimavimus Excellency to act Mildly and not to pronounce sentenâ—e of Interdict or Excommunication against him lest he should force the King and with him much people and innumerable Churches from his Obedience The Arch-Bishops Suffragans or the Bishops of his Province [2] Append. N. 50. The Bishops of the Province of Canturbury write to the Arch-Bishop in behalf of the King they excuse him and exhort Thomas to a compliance wrote to him They did hope that those things which by his unexpected Departure and by the newness of the thing it self had been put into Confusion might by his humility and prudence with Cooperating Grace have been reduced into their former peaceable Condition And it
was a comfort to them when by common fame they heard that being beyond the Seas he had no Designs or Contrivances against their Lord the King or his Kingdom but that he did bear with modesty that Burthen of Poverty which he had voluntarily undertaken and had withdrawn and sequestered himself out of Devotion to humble himself and to obtein or improve his Spiritual Welfare and rejoyced to hear he was so studious of Peace But then to their great Grief they heard he Threatned the King with an Interdict and to cut him off from the Church They press upon him the inconveniences of such proceedings and the conveniences of a Quiet and peaceable temper And urge him to consider That the King against the Dissuasion of his Mother and the Opinion of the Kingdom or Secular Government Regno reclamante caused him to be Elected Arch-Bishop in hopes he might Reign happily and injoy great Quiet and Security by his advice and assistance They tell him The King being appointed by God provided for the peace of his Subjects in all things and preserved it to the Churches and people committed to him That he exacted and required the Dignities due and Exhibited to Kings before him should be allowed and Exhibited to him About which if there were any Controversie between the King and himself when he was admonished by the Bishops of London and Hereford by Directions from the Pope he answered humbly and meekly That if any Church or Ecclesiastical person whatsoever could shew themselves grieved or injured he would in all things submit himself to the Judgment of the Church of his Kingdom and That in very Deed he was then ready to perform it and give satisfaction for the injury done And then they Demand by what right what Law what Canon or interdict he could urge or press the King or how he could cut him off from the Church and then move him to Peace and compliance and smoothly Reprove him for several preposterous new and unwarrantable Actions as suspending and Condemning the Bâ—shop of Salisbury before he was accused or heard which new Order of Judgment say they to Condemn first and hear the cause afterward as they hoped was then not to be found amongst the Laws or Canons And lest he might attempt to exercise and extend it against their Lord the King or his Kingdom or against them and the Churches committed to them To the prejudice of the Pope the Disgrace and Detriment of the holy Roman Church and the increase of his own confusion they opposed the Remedy of Appeal and the second time Appealed to the Pope in Writing and Designed * Ann. Dom. 1167. Ascension Day for the time of Appeal Such another [3] Append. N. 51. They write to the same effect to the Pope They tell him there was no need of an interdict c. They fix the Ground and cause of the Controversie in the Extravagancy and Crimes of insolent Clercs and the manner of punishing them Epistle and much to the same Effect The Bishops of his Province wrote to the Pope in behalf of the King In which they excuse him as before Commend his compliance and obedience and inform the Pope there was no need of an Interdict Threats or Curse to force him to satisfaction They assign for the ground and Cause of the Controversie the Extravagancies and Excesses of certain insolent Clercs and the maner and place of punishing their grievous Crimes and Enormities They Blame Thomas for Threatning to Excommunicate and Interdict the Nation and say it was neither like the Devotion or Patience of a Father or Arch-Bishop They acquaint the Pope he had Excommunicated some of the Kings Servants and chief men of the Kingdom and his special assistants and Counsellors by whom the great affairs of the Kingdom were much directed without Citation without making any Defence and as they said without Guilt not being Convicted or having Confessed any fault And lay before him the inconveniences and ill consequences of his extravagant actions and at length make their Appeal to the Pope and propound the Day of Appeal as before An Abstract of the Rescript or Answer of the Arch-Bishop to his Suffragans Epistle here follows The Rescript it self is to be found in the Appendix N. 56. THrough the whole he Draws and insinuates a Parallel between our Saviour Christ and himself The Arch-Bishops Answer to the Epistle of his Suffragans Tells them they wrote it not by Common advice and Prudence it conteining more of Mordacity than Comfort more of Disobedience than Piety or Charity and wonders why they should be so unkind to him when he never did them injury He exhorts them to lay down their lives with him to free the Church from the Yoke of servitude Says the injury done to him the Church of God and Canturbury was the Cause of his Appeal and that the Cause of his Recess He accuseth the Bishop of London Arch-Bishop of York and Richard de Ivelcester for Dictating the Sentence against him and particularly the Bishop of London for Receiving the Money of the Church of Canturbury and applying it to the use of his own He affirms he ought not to fear any punishment or ill consequences for standing out against the King The Bishops he Exhorts not to confound the rights of the Church and Kingdom which were Distinct Powers of which The * He meaâ—s the secular power received authority from Church one received power and authority from the other He says the Bishop of Salisbury admitted Iohn of Oxford Dean of Salisbury against the Popes and his Prohibition which was manifest Disobedience and therefore there was no solemnity required in the Process against him and cites Canons to make good his Assertion He argues against their Appeal and asserts That Legally and Canonically they could not Appeal And affirms it no injury or grievance to the King to smite him with excommunication As to what they say that he was made Arch-Bishop against the Opinion and good liking of the Kingdom He appeals to the form and manner of his Election and indeavours to make what they say improbable from the number and Quality of the persons present and for that the King wrote for a Pall and the Election was made without Contradiction He takes notice they reported him a little Fellow and of mean Parentage his answer was That he Descended not from Kings yet chose rather by the Nobility of his mind to raise a Family then by his negligence to make one Degenerate He tells them they talked of the Danger of the Roman Church of the loss of Temporals and the fear of the Kings and his peoples recess from it of his own Danger and of those that belonged to him but thought not of the Loss of Souls And after this averrs the Suffragans of his Church ought all to be of his opinion and to suffer and dye with him The Epistle or Rescript is very long and what his Potency
and skill was in Arguing or Defending the knowing Reader may Examin at his Leisure A while after he Excommunicated the [4] Append. N. 52. A. D. 1168. The Arch-Bishop Excommunicates the Bishop of London and commands the Dean and Chapter and Clergy of his Diocess to avoid it Bishop of London because he abused his patience grew more obdurate and would neither hear the Pope nor himself untill he gave just satisfaction and Commanded him by virtue of his Obedience the Danger of his Salvation Dignity and Order that he should abstein from the Company of all faithfull people lest he should defile the â—lock of the Lord which he was to teach and inform by his Doctrine and Example He also wrote to the [5] Ibidem N. 53. And the company of others which he had Excommunicated Dean Arch-Deacon and Clergy of the Diocess of London That by virtue of their Obedience Danger of their Salvation and Order they should avoid his Company and likewise the Company of other persons Excommunicated there named to wit Iâ—celin Bishop of Salisbury Earl Hugh Ranulph de Broc Thomas Fitz-Bernard Robert of the Church of Broc Hugh de St. Clare Letard Clerc of Northfleet Nigell de * he was Sigillifer Domini Regis Saccavill Richard the Brother of William Hastings who had usurped his Church of New Coton and informed them that on Ascension Day he would Excommunicate others which he had cited if in the mean time they made not satisfaction namely Gilbert Arch-Deacon of Canturbury and Robert his * i. e. Official Vicar Richard de Ivelcester Richard de Luci William Giffard Adam de Cheringes And all such as by the Kings Mandate or their own Rashness seized the Goods of him or his Clercs And those by whose assistance or advice the Kings mind was set against the Liberty of the Church and by whose instigation he proscribed and wasted the innocent and such as hindred the Popes Commissioners and his from persuing the Business of the Church And then Bids them not be troubled or fear because by the assistance of God and the Protection of the Apostolic See he was safe from the Tergiversations of Malignants and the Subterfuges of Appeals He gave Robert [6] Hoved. f. 294 a. N. 20. b. N. 10.20 He gives the Bishop of Hereford notice of several he had Excommunicated by name And that he had Excommunicated all such as received Benefices from the hands of Lay-men Bishop of Hereford notice by an Epistle That he had publickly Excommunicated Gilbert or as 't is here in this place Geofry Arch-Deacon of Canturbury Robert his Vicar or Official Richard de Ivecester William Giffard Earl Hugh Richard de Luci Adam de Cheringes and also all those who had received Ecclesiastical Offices or Benefices from the hands of Laymen contrary to the Canons or had usurped them by their own Authority Those likewise which hindred the Popes and his own Agents from prosecuting the Affairs of the Church And Commanded him by the Popes Authority and his own That they might be Declared excommunicate in his Diocess and so bids him farewel and commend him and the Cause of God which was in his hands to the Prayers of the Saints About this time or not long after A. D. 1169. on Twelfe Day the Kings of [7] Chron. Gervas Col. 1404. N. 50 60. England and France met at Mount Miral in Champaign where they treated of and Concluded a Peace and the Poictovins and Britans which took Arms with the King of France against the King of England were received into favor Not long after by the Perswasion of friends [3] Ibidem Col. 1405. N. 10. The King and Arch-Bishop are brought together the King and Arch-Bishop were brought together in the presence of the King of France and the Arch-Bishop offered to Commit the Controversie between them to the King himself Saving the honor of God which last words when the King heard he was very angry and reproached him very much Thomas answered him Calmly and the King observing that he gained upon the Auditory interrupted him and told the King of France he would say whatever Displeased him was contrary to the honor of God by which means and under that pretence he would Dispossesse him of all his rights But that he might not in any wise seem to intrench upon the honor of God [9] Ibidem N. 50 60. His fair offer to Thomas The King said there had been many Kings of England before him of greater and less authority than he was and there had been many Arch-Bishops of Canturbury before him great and holy men let him do what the greatest and most holy of his predecessors did to the least of the Kings predecessors and he would acquiesce in it And added That he Drove him not from the Kingdom but that he fled privately no man Compelling him And that now he insinuated to the King of France and great men that he Defended the cause of the Church of God For his part he always Willed and Granted and did then Will and grant That he should Enjoy his Church and Govern it in the same Liberty in which any of his Antecessors did best and most freely Govern it [1] Ibidem Col. 1406. lin 3. n. 10.20 Approved by the King of France On every side it was said the King yeilded sufficiently And the King of France being moved against the Arch-bishop asked him whether he would be greater than Saints or better than Peter Thomas said he would willingly receive his Church in the same Liberty his Antecessors had it but the Customes which were Contrary to the Institutions of the Holy Fathers he would not receive The Mediators advised him to submit to the King and give him his Due honor he replyed our Fathers suffered because they would not Conceal the Name of Christ And should he for the favor of Man suppresse the Honor of God All the [2] Ibid. The great men of England and France against him great men of both Kingdoms rose up against him saying his Arrogancy was the hinderance of Peace and because he resisted the Will of Both Kings he was not Worthy of the assistance of Either And seeing he was Ejected out of England France ought not to receive him The King of France his Mind was averted from him for some Days nor did he visit him as he was wont nor did he receive from him his usual supplies [3] Ibid. N. 30 40. The King of France his Aâ—tifice Jugliâ—g and Hypocâ—sie But it was not long before he sent for him and coming to the King he found him sitting with a sad Countenance not rising to him as he was wont and on a sudden he threw himself with a sob at the feet of the Arch-Bishop saying truly thou alone seest and doubling those words with a Sigh verily thou alone seest we were all blind [4] Ibid. N. 50 60. who gave the Counsel against God That
all things as they did three moneths before he left England After his Peace made with the King he told him [8] Fitz-Steph p. 47. Col. 2. Thomas complains of the Arch-Bishop of York concerning the Coronation of the young King and presseth the old King about it That amongst all the Evils he susteined under his Anger and indignation as Banishment spoyling and Oppression of the Church of Canturbury c. there was one thing which he neither ought nor could leave unpunished And That was the Arch-Bishop of York his Crowning of his Son in the Province of Canturbury whic he caused him to do and so spoyled his Church of this Dignity The King â—aves it to him to take â—atisfaction of the Arch-Bishop of York c. where he by the Vnction of the mercy of God was anointed King and which amongst all her Dignities she had peculiar proper and special to her self ever since the time of St. Augustin And after a little further Discourse the King left it to him to take satisfaction of the Arch-Bishop of York and other Bishops for the [9] Ibidem p. 48. Col. 2. injuries done to the Church of Canturbury and himself The Pope thought the Arch-Bishop made not Hast Enough and therefore [1] Ibid. p. 51. Col. 2. sent a Messenger with Letters of Exhortation to him to go to his Church and with them he received Letters of severe Justice concerning the presumptuous Coronation of the new King by which the [2] Chron. Gervas Col. 1413. N. 40. The Pope writes to Thomas to make hast to his Church and sends him his Letters of suspension and Excommunication of the Bishops which he pronounced against them Arch-Bishop of York and Bishop of Durham were suspended and the Bishop of London Salisbury and other Bishops of England were Excommunicated He set Sail from Witsand and Landed at Sandwich in Kent on the first of December He pronounced the Sentence of suspension and Excommunication against the Bishops at which the people that came to meet him [3] Ibidem N. 60. were much Troubled and asked him why at his first coming into England he would in Reproach of the King suspend and Excommunicate the Bishops and threatned him with the Kings displeasure he answered the King ought not to be offended for it was done by his permission The Bishops [4] Ibid. Col. 1414. N. 10 20 30 40. The suspended and Excommunicated Bishops apply themselves to the King and complain of the Difficulties they were in by reason of the Peace He in a passion upbraids the Sloathfulness of his Servants that none would vindicate the Injuries and affronts done to him A. D. 1171. Four of his Knights Murther the Arch-Bishop sent to him very earnestly desiring Absolution He said they were bound by a Superior Judge and it was not in his power to release a Sentence given by so great a Judge yet he would Confide in the Clemency of the Pope and absolve them if they would give Caution to stand to the Judgment of the Church concerning those things for which they had been Excommunicated The suspended and Excommunicated Bishops went to the King into Normandy and threw themselves at his feet and told him he had made an ill Peace for them saying that they and all such as were present at the Coronation of his Son were Excommunicated At which words the King was mightily moved and in great Passion he cried out aloud he was a miserable man That fed so many Noble Sluggards none of which would vindicate him from the Injuries done unto him With which Words four of the Kings Noble Domestic Knights being highly Provoked Combined together to Kill him and when he would not absolve the suspended and Excommunicated Bishops nor submit in some other things to the Kings Will as they Demanded of him on the thirtieth of December They went into the Church and at Vespers with their Swords Clove his head and murthered him in the Cathedral at Canturbury when he neither would save himself by flight or have the doors shut against them [5] Ib. N. 50. Their names were Reginald Fitz Vrse William de Traci Richard Brito and Hugh de Morvill Fitz-Stephan says The Arch-Bishop of York [6] p. 58. Col. 1. The Arch-Bishop of York exasperates the King against Thomas told the King That so long as Thomas was alive he neither would have good Days nor a peaceable Kingdom nor Quiet times at which words the King conceived such indignation against him and shew it so much by his Countenance and gesture That four of his Domestic Barons the persons before named understanding what was the Cause of his Trouble and seeking to please him conspired the Death of the Arch-Bishop c. All men avoyded [7] Hoved. f. 299. a. n. 30. The Four Murtherers obteined Pennance from the Pope They dye at Jerusalem the Company and Conversation of these Murtherers at length they got to Rome and obteined pennance of the Pope who sent them to Ierusalem where according to his injunction doing Pennance in the Black Hill or Mountain they Dyed Concerning [8] Hoved. f. 299. a. n. 40. The King of France writes to the Pope to Revenge Thomas his Death the Death of the Arch-Bishop The King of France wrote to the Pope to unsheath the Sword of St. Peter to Revenge it and to think of some new kind of Justice and informed him That as it had been related to him The Divine Glory had been revealed in Miracles done at his Tumb by which it appeared for whose name he contended William Arch-Bishop of Sens [9] Ibidem b n. 10. The Arch-Bishop of Sens writes to the same purpose wrote also to Pope Alexander concerning the same and lays the Cause of his Death upon the King and urgeth him for the safety of the Church and the honor of God to confirm and Renew the Sentence of interdict against his Dominions Likewise Theobald [1] Ibidem f. 300. a. n. 10. 20 30. Theobald Earl of Blois wrote to the same purpose And avers he heard the King give Thomas leave to sentence the Bishops as the Pope and he pleased Earl of Blois wrote to him That he was present at the Agreement between them and that the Arch-Bishop complained to the King that he had too hastily and with too hot a zeal caused his Son to be Crowned for which he promised to do him right and give him satisfaction That he then also complained of the Bishops who contrary to the Right and Honour of the Church of Canturbury had presumed to Thrust a new King into the Royal Throne not for the Love of Justice or to please God but to please a Tyrant and That the King gave him leave to sentence them according to the Popes and his own pleasure This he said he was ready to prove by his Oath or any other way and told him the Bloud of the just called to him for vengeance In the mean
while Rotrod [2] Ib. f. 301. a. N. 10. A. D. 1171. Several Bishops and others sent to the Pope from the King He promiseth to send two Cardinals into Normandy to hear and determine matters concerning the Death of Thomas Arch-Bishop of Roven Giles Bishop of Eureux Roger Bishop of Worcester Richard Barre and many other Clercs and Servants of the King went to the Pope on the behalf of him and his Kingdom The Arch-Bishop of Roven was very old and infirm and therefore returned the others went on and with great Difficulty obteined of the Pope That two Cardinals Theodin and Albert should on his behalf come into Normandy to hear the Cause between the King and the Church of Canturbury concerning the Death of the Arch-Bishop and Concerning other Ecclesiastic Dignities and to Judge according as God should Direct Four only of this Embassy [3] Ibidem N. 20.30 40 50. b. N. 10 20. The Kings Envoy with great Difficulty get to Rome They stopped at Siena got through to Rome Robert Abbat of Valace near Litlebone in Normandy and Arch-Deacon of Salisbury Robert Arch-Deacon of Lisieux Robert Barre and Master Henry Richard de Barre went before them and with much Trouble and Danger arrived at Rome where he acted prudently and Diligently in his Masters Cause though the Pope would not receive him or others of note see him They were all stopped at Siena now in Tuscany and by Earl Macharius his Command all the passages from thence were Guarded in the night these four got away and left the Bishops there and going over steep hills and places almost unpassable they in great fear and Danger arrived at Tusculum now Frascati on Palm-Sunday Eve The Pope would not see the Kings Messengers The Court of Rome would not indure to hear the King named They obtein private Audidience of the Pope and then Public before the Cardinals where the Pope would not see them nor most of the Cardinals scarce vouchsafe them a word With great importunity by the means of such as they thought had any Kindness for the King at length they obteined That the Abbat of Valace and Robert Arch-Deacon of Lisieux might be heard as being less suspected but when they mentioned the Kings name The whole Court Cried out hold hold as if it had been an abominable Thing for the Pope to hear it and so they went from Court in the Evening they had a private audience of the Pope when they Declared the Message they had from the King and afterwards in Public before the Pope and Cardinals where they were opposed by Alexander and Gunther a Flemming two Clercs of the Church of Canturbury On Tuesday following Feria quinta ante Pascha according to the Custom of the Roman Church the Pope publicly absolved and Excommunicated and being certain there were designs against him and his Kingdom they Consulted such as were most addicted to the King The Bishop of the Roman Port a City long since demolished the Bishop of Pavia the Bishop of Tusculum all Cardinals and others Without Success Earnestly solliciting them to know the Popes Resolutions by whom they were informed That the Pope by the Common Advice of his Brethren the Cardinals intended by name to pronounce the Sentence of Interdict against him and all his Dominions and to confirm the Sentence given against the Bishops Being in this streight they plyed the Cardinals by themselves and their Servants indeavouring to Remove them from this Sentence or at least to perswade them to deferre it untill the Bishops that were left behind at Siena should come to Court In which when they could not prevail by Importunity At length they found a good and secure * I have read this Business cost the King 40000 Marks in Silver and 5000 marks in Gold at the Court of Rome But at length by close Application to some of the Cardinals prevailed way not mentioned in this Epistle for the safety and Honor of the King profitable to the Nation and necessary for the Bishops by means of some Cardinals By which they averted the impending danger upon him his Nations and the Bishops very far ingaging themselves believing the whole Business would proceed according to his mind or according to what they knew ought to be his mind Certainly Knowing his Ruin was designed by the Court and mightily fearing the Vse and Custome of that Day At the same [5] Ibidem n. 20 30. Two Cardinals at the same time sent into Normandy to threaten the Inderdict A. D. 1171. time there came two Cardinals Gratianus and Vivianus Legats sent by the Pope into Normandy who mightily troubled and vexed the King threatning to put him and his Nations under interdict which was prevented by this Application to the Pope yet the King fearing that severity hastned to the Sea and took Ship for England where he Commanded that no Brief-bringer or Messenger from the Pope of what Condition or Order soever should be suffered to pass out of England into Normandy or out of Normandy into England without giving Security That he would do no Injury to the King or Kingdom and with as much Expedition as could be with a great Fleet passed into Ireland from Milford Haven on the 16th of October The King being thus farre toward his Reconciliation [6] Ibm. f 302 a. n. 30 40 50. The Arch-Bishop of Bourges and Bishop of Nevers had power to absolve the Bishops of London and Salisbury the Bishops of London and Salisbury sent to Rome and easily obteined Letters of Absolution directed to the Arch-Bishop of Bourges and Bishop of Nevers or to whom they should substitue if they either could not or would not absolve them their selves Ralph de Diceto says * Col. 560. n. 10. A. D. 1172. The Bishop of London how restored the Bishop of London was called before the Arch-Bishop of Roven and the Bishop of Amiens at Albemarle on the first of May and then and there did Swear with many religious persons his Compurgators That neither in fact word or writing he did Knowingly procure the death of Thomas the Martyr and so was restored And Mat. of Westminster * A. D. 1171. f. 250. n. 30. The Arch-Bishop of York upon what Terms restored to the exercise of his function says That Roger Arch-Bishop of York in the feast of St. Nicholas or sixth of December the year before at Albemarle did swear that he received not the Popes Letters of Prohibition before the Coronation of the new King and that he never bound himself to the Observations of the Customes of the Kingdom or Secular Government de consuetudinibus Regni observandis nor that he did in Word Writing or Deed Knowingly procure the Death of Thomas Arch-Bishop of Canturbury And so was mercifully restored to the Exercise of his Office When he had committed no fault if his Oath was true At Christmass [7] Ibidem b. n. 20 30. A. D. 1172. King Henry goes
into Ireland and goes from thence through England into Normandy to meet the Cardinals His Son and his Wife Margaret Crowned at Winchest A. D. 1172. They return into Normandy the King was at Dublin in Ireland and there remained until the beginning of Lent and then removed to Wexford where he staid until Easter Then Knowing That the Cardinals Theodin and Albert were sent into Normandy from the Pope He setled the affairs in Ireland as well as he could and passed to Milford Haven from thence to St. Davids from thence to Portsmouth from whence carrying along with him his Son Henry he passed into Normandy and found the Cardinals at Caen and by their advice made an agreement with the King of France about the Crowning of his Daughter and also by their Consent and advice sent back his Son into England and with him Rotrod Arch-Bishop of Roven Giles Bishop of Eureux and Roger Bishop of Worcester to Crown him and Margaret his Wife the Daughter of King Lewis and They Crowned them at Winchester in the Church of St. Swithen on the 27th of August And presently after the Coronation The King the Son and the Queen his Wife The Arch-Bishop of Roven and the Bishops of Eureux and Worcester Returned into Normandy About a moneth after [8] Append. N. 61. King Henry's Purgation for the Death of Thomas on the 27th of September Henry King of England the father and King Henry his Son and Rotrod Arch-Bishop of Roven and all the Bishops and Abbats of Normandy met at Abrinces now Auranches in the presence of Theodin and Albert the Cardinals In whose Audience The King of England the Father in the Church of St. Andrew the Apostle purged himself and asserted his innocence by Oath upon the Reliques of Saints and the holy Gospels That he neither Commanded nor desired the Arch-Bishop should be Slain and when he heard it he Grieved vehemently But because those Malefactors that Killed him could not be had and because he feared they might have perpetrated that Prophane Deed by Reason of the Commotion and Trouble they Observed in his mind he made the following Oath of Satisfaction Hâ—s Oath of satisfaction and Pennance First he Sware That he would not Dâ—part from Pope Alexander nor his Catholic Successors so long as they Acknowledged him a Catholic King He Sware also That he would not Hinder nor Suffer to be hindred Appeals but that they might freely be made in his Kingdom to the Pope in Ecclesiastical Causes But so as if any persons were suspected by him They should give security they would do no injury to him nor his Kingdom He Sware That from Christmass following he would undertake the Crusado and go to Jerusalem for three years and That if he were Diverted by going into Spain against the Saracens he would Give the Templars so much money as by their own judgment should be sufficient for the Mainteining 200 Souldiers one year for the Defence of the Land of Jerusalem He Pardoned all Clercs and Laics which were in Exile with Thomas and Granted they might freely and in Peace return to their own again He Sware also That he would Restore the possessions of the Church of Canturbury if any had been taken away as fully as it injoyed them a year before the Arch-Bishop went out of England He Sware also That the Customs which were brought in Contrary to the Churches of his Land in his time should be wholly laid aside and dismissed All these things he Sware to Observe in good Faith and without Deceit and Caused his Son Henry to do the like except in such things as referred to his own person And That they might remain in the memory of the Roman Church The King the Father caused his Seal to be put to the Writing which conteined these Articles or Heads together with the Seals of the Cardinals Who upon this Purgation Submission and Satisfaction Granted him a [9] Append. N. 62. Chart of Absolution On the Morrow after the Cardinals held a great [1] Hoved. f. 303. b. n. 50. A great Council in Normandy with the Decrees Council with the Arch-Bishop and Bishops and Clergy of Normandy and then and there the following Decrees were made and injoyned to be observed inviolably by all men I. That Children [2] Append. n. 63. A. D. 1172. should not be admitted to the Government and administration of Churches with Cure of Souls II. The Sons of Priests should not be placed in the Churches of their Fathers III. a. Lords of Maners that built Churches upon their fee put in Priests to serve the Cure and received such profits of the Church as they and the Priest agreed upon and the Priests only staid in the Cure as long as they pleased Laics should not receive part of the oblations of the Church IV. b. This fourth Canon was to the same purpose for they let them out annually to such as would serve the Cure and give most for them That Churches should not be Committed to annual Vâ—cars V. That the Priests of great Churches which had sufficient Revenues should be Compelled to have another Priest under him VI. That Priests should not be Ordained without a certain Title VII Churches should not be let to annual farm VIII That nothing of the third part of the Tithes should be taken from the Priest that officiated IX c. That is such as built the Churches and were Patrons had liberty to present the first Clerc but not afterwards that was against the Liberty of the Church and Canons for investitures Those which held Titles by haereditary right might have leave to give them to what qualifyed Clerc he would upon Condition that * i e. after the first presentation after him They should revert to the Church to which they belonged X. The Husband ought not to turn Monk or Religious his wife staying in the World or remaining Secular Nor on the Contrary unless they were both past the works of the Flesh XI In the Advent of the Lord fasting and abstinency from flesh was Commanded to all that could bear it Especially to Clercs and Knights or Military Men. XII Jews or Jewish Clercs should not Exercise secular Authorities i. e. Covetous and Vsurers XIII Item de * These were French not English pounds novis libris Excommunicationis c. And the Goods of Dying people which the Priests carryed away and the Blessings in Marriage and Baptism and of the Forty and Eight pounds which were Exacted for the absolution of Excommunicated persons nothing was perfected because the Bishops of Normandy would not receive that Decree King Henry the Father [3] Hoved. f. 307. a. n. 40. King Henry gives the Arch-Bishopric to Richard Prior of Dover c. against the Prohibition of King Henry his Son and after an Appeal made to the Pope gave to Richard the Prior of Dover the Arch-Bishopric of Canturbury To Reginald the Son of Iocelin Bishop of Salisbury
Sware Fealty to him against all men saying their Fealty to King Richard his Brother And the Deposed Chancellor Swore he would Deliver up all the Castles of England and he presently delivered to him the Tower of London and Windsor Castle with some others The different Characters of this Chancellor The Character of this Chancellor is various according to the inclinations of men of that time [7] Ibid. f. 400. a. in his Epistle de Dejectione Willielmi Eliensis Hugh de Nunant Bishop of Coventry one of his prosecutors says he was of a proud haughty imperious temper profuse and extravagant beyond measure a consumer of the Kings Revenue and injurious to all sorts of men Peter of Blois then Arch-Deacon of Bath a man learned and famous [8] Ibid. f. 401 b. in his Epistle pro Willielmo Elien Episcopo Defends the Chancellor against the sharp pen of the Bishop of Coventry and begins his Epistle Thus Quondam Domino amico Hugoni Coventrensi Cestrensi dicto Episcopo Petrus Blesensis Bathoniensis Archidiaconus Dei Memoriam cum Timore Livor quo tendat Invidia quo feratur proditoriae factionis hodie patefecit immanitas Dilectus Deo hominibus Episcopus Eliensis vir sapiens amabilis generosus benignus Mitis in omnes liberalitates Effusus Juxta Divinae Gratiae Dispositionem suorum Exigentiam morum meritorum Reipublicae administrationem summam rerum fuerat assecutus c. in English thus To his Quondam Lord and friend Hugh called Bishop of Coventry and Chester Peter of Blois Arch-Deacon of Bathe The Memory of God with fear What Detraction and Envy may do The fury of a Trayterous faction hath at this time discovered The Bishop of Ely beloved of God and men a wise loving Generous Kind and Mild man abounding in all Instances of Liberality according to the Disposing of Divine Grace and his own due Qualifications and Merits obteined the Administration of the Government and the chiefest power in it c. And proceeds to reprove him for his virulent Language against him without Cause After Eight Days [9] Ibid. f. 402. a. n. 10. He is released from his imprisonment and goes into Normandy He complains to the Pope and King and offers to stand a Tryal Imprisonment Earl Iohn gave Order he should be released and go beyond Sea He went into Normandy where by Command of the Arch-Bishop of Roven he was reputed as an Excommunicated person and in all places where ever he came in that Arch-Bishopric all Divine Offices ceased during his abode there At length he sent to Pope Celestin and to the King of England letting them know how Earl Iohn and his Complices had thrown him out of the Kingdom complaining of the Injury and desiring restitution of what had been taken from him and offering to stand to the Law or Tryal And that if what he had done or his Exspenses should not please the King he would in all things satisfie him according to his own mind At which Complaint the [1] Ibid. n. 20. The Pope writes to the English Bishops to excomunicate Earl John Pope was much moved and wrote to the Arch-Bishops and Bishops of England to Excommunicate Earl Iohn and all his Advisers Complices and Favorers And William Bishop of Ely as Legat and Chancellor wrote to the Bishop of Lincoln to put in Execution the Popes Brief and sent him the [2] Ibid. b. n. 30. names of such as he would have him Excommunicate videlicet Walter Arch-Bishop of Roven Godfrey Bishop of Winchester Hugh Bishop of Coventry William Marshal Geofry Fitz-Peter William Bruer Hugh Bardolf and many others [3] Ibid. f. 403. a. n. 10. The Bishops refuse to do it But none of the Bishops would Execute either the Popes or his Command as not owning him as Legat or Chancellor [4] Ibidem And the Arch-Bishop of Roven and the other Justices of England alii Justiciarii Angliae That is the Commissioners for the Government disseized him of his Bishopric and Collected the Rents to the Kings use to make good the money he had Wasted 5 And then the foresaid Justices and all the Bishops Earls and Barons of England sent to the King and by one Common Letter acquainted him how his Chancellor had destroyed the Kingdom and his Treasure and how he had been put out of his Office by the Common Council of the Kingdom The Chancellor on the other side wrote to the King That his Brother Iohn had Seized the Kingdom and would Crown himself if he returned not speedily Yet the King trusting in God would not Desert his Service until men and Money failed In Lent following [6] Ibid. f. 408. b. n. 30. A. D. 1192. Queen Alienor the Arch-Bishops of Roven and York and all the great men of the Kingdom met and Swore Fealty and faithful Service to King Richard and to his Heir against all men [7] Ibid. n. 40. Earl John endeavors to restore the Chancellor but the great men would not consent At the same time the Earl for 500 pounds having promised to restore the Chancellor to his Office sent for him into England and tryed to induce the great men to consent to it who would not but sent to him that unless he Departed the Kingdom they would imprison him he not daring to stay passed over the Sea on Good Fryday While these Commotions were in England King Richard was mightily uneasie in his imprisonment in Germany [8] Ibidem f. 412. a. n. 20. King Richard gave the Emperor his Kingdom to gain his Liberty He is reinvested by the Emperor to hold it of him by an annual tribute Before his death he is acquitted and for his liberty he gave the Emperor his Kingdom and invested him in it by the Delivery of his Hat or Cap and he presently as they had agreed before the great men of Germany and England redelivered it unto him to hold of him by the annual Tribute of 5000 pounds Sterling and invested him by a Double Cross of Gold But before his Death acquitted and Discharged King Richard and his heirs of this and all manner of Bargains Alice the King of France his Sister was in the [9] Ibid. f. 408. b. 10 20. The King of France demands his Sister of the Norman Nobiliâ—y Custody of the Seneschal and great men of Normandy and he had Demanded her of them but they would not deliver her without order from their King Richard at [1] Ibid. f. 412. a. n. 20 30. They refuse to deliver her without King Richards order which he was much troubled and disturbed and sent into England to Earl Iohn That if he would submit to his pleasure and advice he should Marry his Sister Alice and with her he should have Normandy Aquitan and Anjou and all the Lands which his Father had been possessed of in France and that he should make him King of England Earl [2] Ibidem
own Ground or Land and sent a good part of it to him he Demanded all as Due to him and believing it to have been secured in the Castle of Chalus near Limoges belonging to that Vicecomes he Besieged it and there received a wound in the Arm by an Arrow from a Cross-Bow whereof he Dyed on the 6th of April 1199. When he found himself ill and Despaired of Life he [1] Ibid n. 30 40. He devised the Kingdom of England c. to his Brother John Devised to his Brother Iohn the Kingdom of England and all his other Dominions and caused those that were present to Swear fealty to him and Commanded they should Deliver him his Castles and three parts of his Treasure And all his Baubells that is Gemms and Jewels omnia Baubella sua he gave to his Nephew Otho King of Alman His generosity to his Servants and the Poor And the Fourth part of his Treasure he Commanded to be Distributed amongst his Servants and the Poor There is nothing Considerable to be found concerning Ireland in this Kings Reign * f. 439 b. n. 40. It was in the Keeping and under the Government and Direction of Earl Johns Deputies and Officers Church Affairs THere was little done in Church matters in this Kings Reign Hubert Archbishop went to York to correct and amend all things that were amiss in that Province and on [2] Hoved. f. 429. b. n. 10 20. A. D. 1195. Hubert received at York only as the Popes Legat. He caused Assises to be held there St. Barnaby's Day he was met by the Clergy in Solemn Procession as the Popes Legat but not as Archbishop of Canturbury or Primat and brought into the Cathedral Church there On the Monday following he caused Assises to be held of all Pleas of the Crown and of Novel Disseisins and Death of Ancestors by his Ministers whilst he and his Officials held Pleas in Court Christian Sequenti die Lunae fecit ipse teneri Assisas de omnibus placitis Coronae Regis de Qova dissaisina de Morte Antecessorum per Ministros suos ipse vero Officiales sui tenuerunt placita Christianitatis which were dispatcht in that one day In two following days which were Wednesday and Thursday with the Clergy of the Province he held a famous [3] Ibid. n. 20.30 A great Council held by him in the Province of York Council in which were made 18 Decrees most about the Behaviour of the Clergy and matters of small moment which are therefore omitted This was the only Ecclesiastic Council I find in England in this Kings Reign But in Normandy the Clergy obteined their wishes and desires of King Richard and the Church there was freed from Servitude as they called it Mat. Paris says [4] f. 161. n. 10. Ecclesia Dei in Normania de longo servitutis jugo liberataâ—st glorioso Rege Richardo Annuente omnia Disponente The Church of God in Normandy was freed from a long servitude by the Order and Grant of King Richard First [5] Ibid. n. 20. Several privileges granted by the King to the Clergy in Normandy That no Clercs should be taken by Secular power as they had been formerly unless for Murther Theft Burning or such Enormous wickednesses And that their so soon as they were demanded They should be Delivered without delay to be judged in the Ecclesiastic Court That all Controversies about breath of faith or Oath should be Judged in the Ecclesiastic Court c. These and many other things altogether to the Advantage of the Ecclesiastics were agreed in a Convention of the Clergy Seneschal and Barons of Normandy The particulars whereof are noted in the [6] Append. n. â—9 Appendix and 't is not to be doubted but this Vsurpation upon the Rights of the Duke of Normandy and his Barons was the Ground of the * See Append. n. 42. Establishment of those Rights made by the Oaths of the Barons at Roven A. D. 1205. in the sixth of King Iohn Taxes and Moneys Raised in this Kings Reign A Scutage [7] Lib. Rubrâ— in Scaccario A Scutage oâ— ten shillings for every Knights Fee for Wales of ten shillings every Knights fee in the first year of his Reign which probably happened upon this Account Richard was Crowned September the 3d. In [8] Hoved. f. 377. a. l. 6. A. D. 1189. October Rhese Fitz-Griffin King of South-Wales came into England as far as Oxford Conducted by Earl Iohn of Moreton And because King Richard would not meet him as his Father had done he fell into a passion and returned into his own Country and would not speak with King Richard This might be taken or granted for some Forces to Reduce Rhese into a better Temper Next year toward his Expedition to the Holy Land An Ayd granted for the expedition into the Holy-Land two Saddle-Horses and two Sumpter-Horses were taken of every [9] Ibid. f. 378. b. n. 50. A. D. 1190. City of every Abby one Saddle-Horse and one Sumpter and of every of the Kings Maners as of the Abbies for an Ayd For his Ransome when Prisoner to the Emperor [1] Ibid. f. 4â—3 b. n. 10. f. 416. b. l. 1. A. D. 1193. A Tax for the Kings Ransome Of every Knights Fee 20 s. The fourth part of the Rents of the Laics That is of the Husbandmen or Tenents a fourth part of the Rents of some Clercs and a tenth of others all the Gold and Silver the Churches had and all the Wooll of that year of the Cistertian Monks and the Order of Semplingham Carucage [2] Ibid. f. 419. b. lin 1. A. D. 1194. An Ayd for his expedition into Normandy of every Plough-land two shillings of the Husbandmen or occupiers of every Knights Fee a third part of the service for his Expedition into Normandy the King Demanded all the Wooll of the Cistertians this year also for which they made a fine or Composition in Money For Liberty of [3] Ibid. f. 424. b.n. 10. A. D. 1194. Torneament or Tilting every Earl was to give 20 Marks every Baron 10 Marks every Landed Knight 4 Marks every Knight of fortune or without Land 2 Marks Eleven hundred [4] Ibid. f. 436. b.n. 30. A. D. 1196. 1100000 Marks raised by Hubert the Kings Justiciarie Thousand Marks Raised in two years A. D. 1195 1196. but not said how by Hubert Archbishop of Canturbury the Kings Justiciarie for the Kings use An ayd of five shillings [5] Ibid. f. 412. b n. 50. A. D. 1198. The Occasion of these Taxes of every Carucate of Plough-Land The cause of this great Tax besides the Kings Exigencies abroad might be two Expeditions into Wales this year [6] Ibid. f. 440. b n. 50. A. D. 1198. one by Hubert Archbishop of Canturbury when he was Justitiary about Christmass when he turned out the Constables of the Castles of Hereford Bridgnorth and Ludlowe and put in others
Elias Arch-Bishop of Burdeaux William Bâ—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. 4â—1 a. â— 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
Loâ—don and other Castles he held in those parts and so returned to Paris That the Viscount or Vicecomes of Touars Confaederated with King Iohn which caused him to return again into Poictou and destroyed the Lands of that Viscount and then both Army 's being ready to ingage a Truce was made from the Feast of All-Saints for two years On the 2d of [3] Mat. Paris f. 221. n. 50. A. D. 1â—07 â— Johannis A thirteenth part of all Moveables and other things levyed February next following his Return he took the 13th part of all moveables and other things as well of Laics as Eâ—clâ—siastics and Prelates all murmuring but not daring to Contradict it cepit tertiam decimam partem ex omnibus mobilibus rebus aliis c. Cunctis murmurantibus sed contradicere non audentibus only Geofry A. B. of York consented not but plainly contradicted it and privately left England and at his departure anathematized all such as should Collect it in the Province of York and in general all invaders of the Churches possessions The Record [4] Append. n. 83. says this 13th was granted by the Comune Council and assent of his Council at Oxford By whom Assessed for the Defence of his Kingdom and recovery of his right where see the manner of assessing collecting and paying it into the Exchequer All this while [5] Paris f. 22. n. 20 30. The Popes â—eâ—initive Sentence against both the Elects of Canturbury He recomends Stephen Langton to their Choice the Monks and Procurators of each party who were for one Election or the other remained at Rome and the Pope observing both of them to be vitious and not according to the Canons by advice of his Cardinals Nulled both forbidding by Definitive Sentence both the Elects That they should not aspire to the honor or Dignity of the Archâ—Bishopric and then persuaded the Monks [6] Append. n. 84. The Pope perswades King John to receive him to choose Stephen Langton an Englishman and Cardinal their Arch-Bishop who Answered they could not make a Canonical Election without the Consent of the King and their Convent The Pope told them they had full power in the Church of Canturbury and that in Elections made at the Apostolic See the Consent of Princes was not Expected and then Commanded those present being as he said a sufficient number in virtue of their Obedience and under pain of a Curse The Monks though unwillingly choose him Archbishop to chose him Arh-Bishop whom he had given them as a Father and Pastor of their Souls The Monks fearing the Sentence of Excommunication although unwillingly and with Grumbling gave their assent only Elias de Brantefield amongst them all would not Consent Upon this Election the Pope Consecrated him at Viterbo on the 17th of June Soon after this the Pope [6] Append. n. 84. The Pope perswades King John to receive him sent King Iohn a wheadling Letter and four Gold Rings set with pretious Stones and with them or immediately after another Letter [7] Mat. Paris f. 223. n. 30. in which he exhorts him to receive Stephan Langton one Born in his own Kingdom into the Arch-Bishoprick and while by Flattery and perswasion he would have obteined the Kings consent he sent his Command to the [8] Ibid. n. 4. Prior and Monks to receive and obey him as their Arch-Bishop as well in Spirituals as Temporals When the King received the Popes Letters he was in great [9] Ibid. King John â—ighly displeased with the Monks choice Wroth and indeavoured to make them Traytors First That in prejudice of his Liberty without his Licence they had chosen their Sup-Prior and afterwards that they might seemingly satisfie him they chose the Bishop of Norwich and Receiving Money out of the Exchequer they went to Rome to get the Election Confirmed and there chose Stephan Langton his Public Enemy and caused him to be Consecrated Arch-Bishop [1] Ibidem n. 50. For this Cause in his Fury he sent Fulk Cantelup and * He was Sherif of Kent Reginald de Cornhulle most Cruel Knights and void of Humanity says Paris with some armed men to drive the Monks of Canturbury out the Nation The Monks forced to leave their Monastery as if they had been Traytors When they came there they threatned to Fire the Monastery and them in it if they would not depart England and so affrighted them that without any Violence they passed over into Flanders some to the Abby of St. Bertin others to other Monasteries The Monks thus leaving their Monastery the [2] Ibid. f. 22â— n. 1â— â—0 King Johns resolute Letter to the Pope concerning the late Election King wrote to the Pope by his Messengers to let him know what Injury he had done in Cassating the Election of the Bishop of Norwich and consecrating Stephan Langton Arch-Bishop a person altogether unknown and one that had his Education in France and Conversation there with his most Public Enemies without his consent to the prejudice and Subversion of the Liberties of his Crown affirming he could no ways recede from the Election and Promotion of the Bishop of Norwich and if he might not be heard at Rome in his behalf he would preclude all persons from passing thither by shutting up his Ports And since he had Arch-Bishops and Bishops and other Ecclesiastic Prelates in his own Nations abounding in all sort of Learning he told him if he were forced to it he would neither seek Justice or Judgment of Strangers out of them The Pope [3] Ibid. n. 30.40.50 c. The Pope's Answer and Reproof wrote back to him and reproved him for his stiffe way of Writing yet told him though it was not necessary in Elections made at Rome that he the Monks and others had sent for his Consent but their Messengers were stopped or otherwise hindred so as they could not come to him [4] Ib. f. 225. n. 30.40 The same Controversie or Quarrel between King John and Stephen Langhton that was between Henry 2. and Thomas Becket and therefore adviseth him to submit to his pleasure which would be much for his Honor and not resist God and the Church in this Cause for which the Blessed Martyr and glorious Bishop Thomas they are the Historians Words Spill his Blood Especially since his Father and Brother had abjured that Evil Custom The Pope [5] Ib. f. 226. lin 3. A. D. 1208. King John would not be prevailed upon by the Pope's advice finding the Kings Heart so far hardened Cor Regis adeo induratâ—m as not being able to prevail upon his Courtship advice and Comminations to receive Stephan as Arch-bishop being touched with an Inward Grief of Heart by advice of his Cardinals Commanded William Bishop of London Eustachius Bishop of Ely and Mauger Bishop of Worcester to go unto the King and with a pious care and sollicitude [6] Ibid. n. 10. to treat with him about the
a Wall of Defence for the House of the Lord but when they saw the Wolf coming they left their Sheep and fled After this general Seisure of the Temporalties and Goods of the Bishops and Clergie But restored them to those who refused to comply with the Interdict to such of them as submitted to the King and refused to comply with the Interdict who celebrated Divine Service and administred the Sacraments the King by Special Writs [2] Append. N. 89 90 91. restored their Temporalties Goods and Chattels keeping in his hands the Lands and Goods of all Abbots Priors Religious and Clercs who submitted to the Interdict nor did he seize the Lands or Goods of any other Religious Persons or Clercs but such as [3] Append. n. 92. refused to perform Divine Service after the publishing of the Interdict which was upon the Monday next before Palm Sunday or the sixth Sunday or last Sunday in Lent And for the security of their Persons he Issued his [4] Append. N. 93. He sent out his Precept for their Protection Precept That no Man against his Peace should abuse either Clercs or Religious in word or deed and if they did and could be taken they should be hanged upon the next Oak Likewise for their Grain he [5] Append. N. 94. permitted all Arch-bishops Bishops Priors Religious Persons and Clercs after their Barns were shut up to sell it until the Feast of St. Catherin that is the 25th of November King Iohn Reflecting upon the Circumstances he was in fearing [6] Paris f. 2â—7 n. 10. He requires pleges of his great men for security of their Fidelity the Pope might absolve his Subjects from their Allegiance to him required Pleges of all the Great Men he suspected to be delivered to him for their future fidelity Many complied with his Commands some delivered their Sons others their Nephews or nearest Relations to the Messengers or Commissioners he sent for them [7] Ibid. n. 20. some of which coming to VVilliam de Braosa his Wife Maud told them she would not deliver her Children to their Master King Iohn because he ought honorably to have provided for his Nephew Arthur whom he Basely Killed Next Year [8] Ibid. n. 50. A. D. 1209. He forces the King of Scots to desire peace the King raised a great Army and marched toward Scotland and when he came to Norham Castle in Northumberland the King of Scots there met him and desired Peace King Iohn Reproves him for Receiving favouring or assisting his Fugitives and public Enemies but by the Mediation of Friends to both Nations [9] Ibid. f. 228. lin 1. The Terms upon which the peace was agreed they agreed upon these Terms That the King of Scots should pay unto him Eleven thousand Marks of Silver and that his Daughters should be delivered Pleges for the securing of Peace between them Afterwards [1] Ibid. lin 6. He received the Homages of all free Tenents in the Kingdom he received the Homages of all Men that were Free Tenents and Boys of 12 years of Age of the whole Kingdom suppose their Sons only whom after they had done their Fealty he received Kindly and dismissed them with the Kiss of Peace Deinde cepit Homagia de omnibus hominibus libere tenentibus etiam Duodecim Annorum pueris totius Regni Quos omnes post fidelitatem factam in Osculum patis accepit ac Dimisit [2] Ibid. lin 8. The Welchmen came to him at Woodstock and did their Homages The Welchmen also which was never heard of before came to the King at Woodstock and did their Homages to him although it was Burthensome as well to the Rich as Poor After two years [3] Ibid. n. 20. Pope Innocent commanded the Bishops to Excommunicate King John by name continuance of the Interdict and there seemed no hopes of King Iohns amendment or his giving Satisfaction Pope Innocent could no longer suffer his Rebellion to go unpunished Papa Innocentius ipsius Rebellionem Diutius multam Dissimulare non potuit whereupon by advice of his Brother Cardinals he Commanded the Bishops of London Ely and VVorcester by name to Pronounce him Excommunicate That so by Publishing the Sentence every Sunday and Holy-day in all Conventual Churches through England they might cause him more strictly to be avoided by all men [4] Ibid. n. 30 But when those Bishops committed the publication of the Sentence to their Brother Bishops and other Prelates that remained in England they all became Dumb Dogs either by favour or fear of the King and dare not Bark The Bishops in England durst not pubblish the Sentence Effecti sunt universi metu regio vel faâ—oâ— Canes muti non audentes Latrare and therefore Dissembling to Execute what was injoyned them they did not proceed in doing the Popes Commands according to due Form of Law Nevertheless the Sentence was known to all men and filled their mouths with Discourse [5] Ibid. n. 40. Geofry Arch-Deacon of of Norwich leaves the Kings Service Amongst whom Geofrey Arch-Deacon of Norwich as he sate in the Exchequer managing the Kings business Discoursed with his associates concerning the Sentence pronounced against the King saying it was not safe for Beneficed men to remain any longer in the Service of an Excommunicated King and so departed without leave The King having notice of it sent VVilliam Talebot a Knight after him with some Forces who took him put him in Prison and in Bonds His punishment where after a few Days by the Kings Command he had a Leaden Cope put on with the pressure whereof and want of Victuals he Dyed In this Time of the Interdict one Master [6] Ibid. n. 50. A. D. 1209. Alexander Caementarius mainteined the Kings cause against the Pope Alexander called Caementarius a counterfeit Divine Speudo-Theologus maintained the Kings Cause against the Pope Mat. [7] f. 269. n. â—0 Westminster says he was at Paris a famous Master Rector and Reader in Theology Parisijs celebris haberetur Magister Rector Lector in Theologia and that he Defended the Kings Cause out of Ambition And for that Reason by [8] Paris f. 229. lin 6. His Goods and Benefices taken from him procurement of the Pope his Goods and Benefices were taken from him and was reduced to so great Misery as in a poor habit he was forced to beg his Bread from Door to Door In the Year 1206 Dyed [9] Mat. West f. 267 n 20. f. 268. n. 50. VVilliam Bishop of Lincoln and this [9] Mat. West f. 267 n 20. f. 268. n. 50. year Hugh de VVells the Kings Chancellor was chosen Bishop who obteined leave of the King to go into France that he might receive his Consecration from the Arch-Bishop of Roven [1] Mat. Paris f. 229. n. 10 20. Hugh Bishop of Lincoln received his Consecration from Stephan Langeton The King Seized his Bishopric So soon as
John claims the Privilege of the Cross and refers himself to the Popes Discretion wrote to the Pope that the Archbishop of Canturbury and his Suctragans had neglected his Commands and that the great men and Barons altogether refused to hear what he wrote And attending what the Barons said He replied to them That England was the Patrimony of St. Peter and that he held it as the Patrimony of St. Peter the Church of Rome and the Pope and had taken upon him the Crusado and required the Privilege of such who had taken upon them that Expedition And after having recounted the Effects of his Former Offers to the Barons and Bishops upon which he could obtein no Remedy he Refers himself to the Popes Discretion to relieve him Upon the Consideration of all these Offers Declarations Matters and Things and the Recapitulation and brief Mention of them in his [7] Append n. 126. The Pope by consent of the Cardinals Damns the Charter of Liberties Bull and the Information of King John's Messengers lately sent to him the Pope by the Common Consent of the Cardinals Damns the Charter of Liberties and all obligations and Cautions which he had given and entred into for the performance of it and Declares them Null and void By [8] Append. n. 127. The Pope writes to the Barons and chargeth them with evil Practises against the King Letters of the same date with this Bull viz. Aug. 24. 1215. the Pope wrote to the Barons They had not well considered their Oath of Fidelity when they rashly persecuted their Lord the King That all men Detested their proceedings especially in such a cause where they made themselves both parties and Judges When the King was ready to do them Justice by their Peers in his Court according to the Laws and Customes of the Kingdom or to proceed by arbitrators chosen on both sides with a Reference to him if they agreed not And therefore commands them to Renounce that unlawful and unjust Composition they had extorted from him by fear and force and satisfie him and such as adhered to him for the Injuries they had done them That by this means the King might be induced to Grant whatsoever of right ought to be granted to them And further adviseth them to send their procurators or Deputies to the next General Council which he intended suddenly to call about the Business of the Cross where would be the Archbishop and other English Bishops and there Commit themselves to his good pleasure who by the Favor and God intended so to Determin things as to do away all oppressions and Abuses in the Kingdom that so the King being Content with his own Right and Honor the whole Clergy and Laity might rejoyce in their Just Repose and Liberty The Popes Letters or Mediation prevailed not with the Barons they [9] Mat. Paris f. 268. n. 10. The Popes Letters prevail not upon the Barons They consult how to secure London and make William de Albiney Governor of Rochester-Castle persued what they had undertaken and sent for William de Albiney a stout man and experienced Soldier several Times before he came at last upon a Chiding Letter having secured the Castle of Belvoir or Beauvoir he came to them to London where he was received with great Joy by the Barons who immediately consulting how to secure the City of London from being besieged by the King and shutting up all passages to it raised a considerable Force and put them with William de Albiney into Rochester Castle whereof he was made Governor But before they had provided for their Defence so well as they intended the King after three Months stay in the [1] Ibid. n. 30. Isle of Wight was Sailed from thence to Dover where he met his Messengers or Commissioners he had sent beyond Sea with Forces from Poictou The King with forces from beyond Sea besiegeth Rochester Castle The Barons offer to relieve it Gascony Brabant and Flanders with which he Besieged the Castle of Rochester The Barons had Sworn to William de Albiney That it the Castle should happen to be besieged they would use their utmost indeavours to Relieve it they Marched as far as Dartford and then retreated to London They within Defended the place with great Courage and Resolution and at last after almost three Months were forced to yield without Conditions for want of Victuals It yeilds for want of Victuals The Siege was very Expensive to the King and many of his Men were slain in it for which reasons he would have hanged all the Noble Men or Knights had it not been for the perswasion of Savaric de Malo Leone and some others who told him the War might prove long and some of his own Knights might be taken and put to Death after the same manner Whereupon he sent William de Albiney The King Imprisons the persons of best Quality W. de Lancaster W. de Emeford Thomas de Mulecon Osbert Giffard Osbert de Bonbi Odinell de Albiney and others of the best Quality Prisoners to Corf Castle and others to Divers other Prisons all the Ordinary Men but the Cross Bow-Men And Hanged the Ordinary Soldiers he caused to be Hanged The Pope upon notice [2] Ibid. n. 40. That the Barons persisted in the persecution of the King [3] Append. n. 128. The Pope Excommunicates the Barons Excommunicated them and Committed the Execution of the Sentence to Peter Bishop of Winchester the Abbat of Reding and Pandulph Sub-Deacon of the Roman Church in which Brief of Excommunication he injoyned the Archbishop and Bishops by virtue of their Obedience That they should cause the Sentece to be Published every Lords Day and Holy Day with Ringing of Bells and Lightning of Candels throughout all England while the Barons fatisfyed the King for the Injuries done to him and returned to their Obedience The Bishop of [4] Paris f. 271. n. 50. Winchester and Pandulph personally attended the Archbishop of Canturbury and in the Name of the Pope Commanded him to Direct the Bishops of his Province to Publish this Sentence against the Barons He was ready to take Ship to go to the Council at Rome and desired Respit until he spake with the Pope affirming The Archbishop suspended for Disobedience to the Pope the Sentence had been obteined by Concealing Truth and therefore he should by no means Publish it until by Discourse with the Pope he Knew his Mind concerning it [5] Ibid. f. 272. lin 2. The Barons declared Excomunicated They value not the Sentence because not named particularly These two when they found the Archbishop Disobedient to the Popes Command suspended him from entring the Church and Celebrating Divine Service and then the Bishop of Winchester Declared all the Barons that had indeavored to Drive the King out of the Kingdom Excommunitate and continued to do so every Lords Day and Festival But they because not Named in the Popes Brief valued
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. â— 226. lin 1. born in the year 1208. His Daughters JOane the Eldest was Married to [3] Pat. 10. Hen. 3. n. 1. Dorâ— 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. Dorâ— 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. Frederiâ— 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
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
put the rest to flight The Citizens returned into the City meditating revenge and met in great Numbers Serlo the Major hearing of their tumultuous proceedings came to them and advised them to make their complaint of the injury they had received to the Abbat of Westminster and if he would punish the Offenders to take that for sufficient satisfaction Constantine a popular Citizen the chief Author of that Riot But Constantine a man very popular among them opposed this method telling them the Abbat and Steward deserved to have their houses pulled down and levelled with the ground This Counsel was approved of and executed by the rabble to the great prejudice of the Abbat When Hubert de Burgh the Justiciary had notice of these Ryotous proceedings he came to the City with some Troops of Soldiers and Commanded the Principal Citizens should with speed come to him of whom he inquired who were the Authors of this Sedition and Subverters of the Kings City His Answer to the Justiciary and who they were that thus dare presume to break the Kings Peace Constantine answered They had done less then they ought to have done and would stand to what they had done Adding The King had violated his Oath whereupon Lewis justly refused to perform what was covenanted between them When the Iusticiary heard this Confession he dismissed all but Constantine and his Nephew He is Hanged with two others and one Geofry that proclaimed Constantine's Edict whom he ordered to be hanged next day Morning When the Rope was about Constantine's Neck he offered 15000 Marks of Silver for Pardon but to no purpose When the Sentence had been pronounced without noise or the knowledge of the Citisens Falcasius with a Guard carried him by Water upon the Thames to the place of Execution After this * Ibid. n. 50. the Iusticiary and Falcasius i. e. Fawks de Breant with a considerable Guard went into the City and whosoever he found Guilty of the Sedition he imprisoned and caused either their Feet or Hands to be cut off and then set them at Liberty many fled for fear and never returned The King punisheth the City of London for the Riot And turns out the Officers and for a greater punishment to the City the Kings turned out all the City Magistrates and appointed new Prefects Governors or Officers in their place Rex in majorem vindictam omnes Vrbis Magistratus deponens novos in Civitate constituit Praefectos Not long after the King * Append. n. 147. Thirty Hostages given for the security of the City of London named Thirty persons to be Security and Hostages for the Good Behaviour preserving the Peace and faithful Service of the City of London The Vniversity or Community whereof bound themselves to the King by a Chart Sealed with their Commune Seal to deliver them or more to the King or Justiciary whenever they were called for and if any of them dyed to add others On the 29 th of January following the King * Append. n. 148. The King Lets the Office of Chamberlan of London at 100 l. per annum Let out to Farm to William Ionner Citisen of London the Office of Chamberlan of London with all things belonging to it for two years at One hundred pounds a year to be paid into the Exchequer Reserving to himself the Prizes or Customs of Grey Work that is Grey Cloth of Wax and Silk Cloaths to be delivered to the King for his own use by the Hand of the Farmer In the year 1223. the King kept his [5] Ibid. f. 316. n. 50. The Archbishop and great Men desire a Confirmation of their Liberties Christmass at Oxford A. D. 1223. and on the 13th of January met his Barons at London in a Parlement or Conference apud Lundonias veniens cum Baronibus ad Colloquium where the Archbishop of Canturbury and other Great Men Et alii Magnates Requested that the King would confirm the Liberties and free Customs Libertates liberas Consuetudines for which a War was made with his Father urging moreover that when Lewis departed from England both he and all the Nobility of the Kingdom had sworn to observe and cause to be observed those Liberties and therefore could not Râ—fuse to do it William Briwere one of the Kings Counsellors replyed That the Liberties they desired were violenely Extorted and therefore ought not to be observed The Archbishop in a Passion reproved him and said if he loved the King he would not hinder the Peace of the Kingdom The King [6] Ibid. f. 317. l. 3. seeing the Archbishop moved The King promiseth to preserve their Liberties assured them that he had bound himself by Oath to preserve their Liberties and what was Sworn should be observed And having called a Council he forthwith sent his Letters to all the Sherifs of the Kingdom to make inquiry by the Oath of Twelve Knights or Legal Men in every County And causeth Inquisition to be made what they were what were the Liberties in England in the time of King Henry his Grandfather and to make a return of them to London Fifteen days after Easter The Contents of the * Append. n. 149. The Writ of Inquiry directed to Twelve Knights c. Writ it self do in many things differ from this report of Mat. Paris by which the Sheriffs were commanded to make diligent inquiry by the Oaths of Twelve of the most legal and discreet Knights of their Counties in a full County Court what Customs and Liberties King John his Father had the day in which the War began between him and his Barons concerning Lands and other things within Burghs and without and cause them to be proclaimed and observed in their Counties and to cause the Inquisition and Writ to be returned to the King at Westminster on the Morrow of the close of Easter This year while William Mareschal [7] fol. 317. n. 10. Lewelin King of Wales takes two of the Marshals Castles The Marshal retakes them And kills 9000 Welsh Earl of Pembroke was busied in Ireland Leolin King of the Welch took Two of his Castles and put all to the Sword that he found in them and placed Welch-men in their room The Mareschal having notice of what was done returned with great speed into England and forthwith Besieged these Castles and retook them and cut off the Heads of all the Welch-men and then marched into Leolin's Countrey and wasted all before him with Fire and Sword Having totally defeated the Welch He took and slew about 9000 few escaping by flight After this the same Lewelin Prince of North-Wales acknowledged by his * Pat. 7. Hen 3. M. 2. dors Lewelin binds himself to give King Henry satisfaction for the damages done him Chart Sealed with his Seal and witnessed by many Bishops Earls and Barons That he had Sworn to give satisfaction to his Lord Henry King of England and his People within
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 Bâ—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
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
which was May the 14th David the Son of Lewelin Prince of Northwales offered King Henry his Homage for that Principality and the Lands which King Henry's Barons held there And they both submitted themselves to the Arbitrement of Cardinal Otto the Popes Legat and the Bishops of Norwich and Worcester the Earl of Cornwall and John de Monmouth on the Kings part and the Bishop of St. Asaph Idenevet Vaghan and Eynguan Vaghan on Prince Davids part And both parts bound themselves by Oath to stand to this Arbitration and furthermore they both submitted themselves to the Jurisdiction and Determination of the Legat so long as he staid in England The agreement between both parties to compel either part by Ecclesiastical Censure that should not observe the Articles of the Arbitration or refuse to make amends for any Transgression against it as he should award And after this Legantin Office was determined or that he was Recalled then they submitted themselves to the Jurisdiction and Coertion of the Arch-Bishop of Canturbury and his Successors and Church of Canturbury And by this Peace all the Homages of the Barons of Wales were to be performed to the King and all Burnings Slaughters and other mischiefs done on both parts were to be remitted About that time [4] f. 526. n. 20. An assembly of the Bishops and great men at Reading The Legat demandeth a Fifth part of all Goods the Arch-Bishops Bishops Abbats and some of the Great Men of England met at Reding to hear from the Legat what the Popes demands were When they were come together and Silence made The Legat declared the Popes care and charge in securing the Peace of the Church against the assaults of Frederick the Emperor and for his support he required one Fifth part of all Goods The King had before given his consent affirming he neither [5] Ibid. l. 9. The Bishops at first oppose it would nor durst oppose the Pope But the Bishop looked upon this as an insupportable burden and that it concerned the Vniversal Church wherefore they desired time to deliberate upon an Affair of so great weight [6] f. 527. n. 30. But at last consent to pay it After some consideration the Archbishop of Canturbury consented to pay the Fifth part of his Rents which amounted to 800 Marks [7] f. 532. n. 50. The Archbishop leaves England and the rest of the Prelates of England followed his example But when they saw the Church of England was every day more and more oppressed spoiled and deprived of its Liberties without hopes of remedy and that the 800 marks he gave to the Pope availed nothing he left England and setled himself in the Abby of Pontiniac in France This year the [8] Ibid. n. 40. Pope sent his Precept directed to the Arch-Bishop of Canturbury and to the Bishops of Lincoln and Salisbury Three â—uâ—dred Romans sent into England by the Pope to be Beneficed commanding them to prefer 300 Romans to the first vacant Benefices in England and not to collate any others till they were all sufficiently provided This year [9] Ibid. n. 50. Peter Ruby sent hither to be the Popes Collector His contrivance to squeeze Money from the Religious the Pope sent into England Peter Ruby to be his Collector in England who went about to the Chapters of Religious Houses and of some he gained a promise to pay so much Money for uses not mentioned as such a Bishop or such an Abbat had done and then urged to others their examples whereby many were seduced and cheated of their Money When the Abbats were sensible of this detestable practice [1] f. 534. n. 10. two of them namely the Abbats of St. Edmundâ— and of Battle-Abby went to the King and made known their grievance to him urging if such Exactions were suffered the Baronies they held of him would not answer the Services that were due to his Crown Two Abbats represent the Oppressions to the King He received them with frowns and threats and therefore they humbly supplicated him for remedy and redress But the King received them with frowns and told the Legat who was then present that He might do what he pleased with them adding that he would accommodate him with one of his Castles to imprison them Upon this some yielded to the fore-mentioned exactions but others refused to bring themselves under such detestable servitude [2] Ibid. n. 20 30 40 50. The Bishops steady resolution not to consent Then the Legat with Peter Ruby Assembled the Bishops at Northampton but could gain no positive Answer from them but only several exceptions against the Contributions Then he summoned the Rectors of Churches in Berkshire to meet him and his Accomplices and endeavoured both by promises and threats either to allure or affright them into a complyance The Clergy of Berkshire refuse to comply with the Legat. But they resolutely stood it out affirming they ought not [3] f. 535 l. 5. and n. 10 20 30 40 50. Their reasons against paying any Money to contribute any thing against the Emperor because he was neither convicted or condemned by the judgment of the Church nor because he possessed himself of the Patrimony of the Church which used not Secular force against Hereticks although he was Excommunicated by the Pope Item That as the Roman Church had its own Patrimony so other Churches had theirs also by the Grants and Beneficence of Kings Princes and other Great Men no ways Tributary to the Church of Rome Item That although the care of the Church belonged to the Pope yet the Dominion and Propriety did not Item That their Revenues were so small that they would scarce supply them with necessaries therefore they ought not to be compelled to any Contribution When the [4] f. 536. n. 30. The Legat's policy â—o gain his ends Legat and his Accomplices saw the steadiness and constancy of the Clergy one to another they endeavoured to set them at variance The Legat went to the King and soon inclined him to favour the Popes cause and his Associates went to the Bishops and Archdeacons some of whom they gained by promises of preferments and rewards and by this means the unanimity and strength of the Vniversity of the Clergy was broken This year Gilbert [5] f. 540. n. 20 30. Gilbert Earl Mareschal reconciled to the King Earl Mareschal was through the powerful intercession of Richard Earl of Cornwal reconciled to the King And Mauritius Justiciary of Ireland came to London and by the Kings means the Earl Mareschal and He were made friends and soon after [6] f. 542. n. 30 40. He removed Simon Norman from being Chancellor Simon Norman the Chancellor and the Kings chief Favorite and the Legats close Friend was removed from the Chancellorship and all other preferments but the Archdeaconary of Norwith This year [7] fol. fol. 545. n. 30. Edmund Archbishop of Canturbury dyed beyond Sea In
to Earl Roger Bigod Intercession the Marescalcie with the Office and Honor was Granted to Earl Roger Bigod by reason of his Countess ratione Commitissae suae the Eldest Daughter of William the great Earl Marshal Against the great Grievances and Exactions of the Pope [4] f. 706. n. 30. Messengers sent to Rome to complain of Grievances William Powerit and Henry de la Mare were sent to Rome by consent of King Bâ—shops Earls and Barons And in the mean time [5] fol. 707. n. 40. he sent for 6000 Marks which had been charged upon the Bishops by his Clerc Master Martin which so exasperated the King That he [6] Append. n. 174. The Kings Command to the Bishops not to pay any Aid or Tallage to the Pope wrote to the Bishops and Reproved them for not observing his Letters Patents and close by which he had Commanded them to pay no Ayd or Tallage to the Pope and in that Writ commanded them again not to comply with any of his Exactions contrary to the Resolutions of themselves and other Prelates the Earls and Barons made in the Council at London On the 7th of July there was a Council holden at Winchester between the King and [7] Paris f. 709. n. 30. A Council held at Winchester The King prohibits from contributing to the Pope Great men about the Desolation of the Church William de Poweric and Henry de la Mare that had been sent to the Court of Rome were then returned bringing back nothing of moderation from the Pope concerning the oppressions of the Kingdom and Church of England of which they had complained He continued resolute in forcing his Demands which Resolution so moved the King and Great Men That he commanded Proclamation to be made in all Towns Markets and public places no man of the Kingdom should consent to any Contribution to the Pope or send him any Ayd [8] Ibid. n. 40 50. The Pope writeth severely to the English Prelates The King forced to consent to the Popes Exactions But he sharply wrote to the Prelates after he had been advertised of this Proclamation and under pain of Excommunication and Suspension charged them to pay in the Money to his Nuncio at the New Temple London And whereas the King was fixedly prepared to defend the freedom of the Kingdom and Church by the Threats of his Brother Earl Richard and some Bishops but especially of the Bishop of Worcester who as it was said had power to Interdict the Nation he was Baffled and fell in the cause so as the Contribution was paid and the whole endeavor and hope of mainteining the freedom of the English Church and Kingdom came to nothing The Pope taketh an advantage of his easiness And the Pope taking a greater Confidence from what he had already done commanded more [9] f. 716. n. 10 And treateth the Clergy rigorously Imperiously than he were wont to do That all Beneficed Clercs that resided upon their Livings should pay unto him a third part of their Goods and such as did not Reside were to pay one half and appointed the Bishop of London to Execute this his project Who [1] Ibid. n. 20 with some others met at St. Pauls to consider of this matter to whom the King sent John de Lexinton a Knight and Lawrence of St. Martin his Clerc on the Morrow after St. Andrew or 8th of December strictly prohibiting them to consent to that Contribution and so they broke up their meeting to the great satisfaction of all such as were called before them If any man thinks it worth his labor to peruse the Answer of the [2] Ibid. n. 30 40 50. Clergy to this unreasonable Exaction may see it in Mat. Paris About this time the Bishop of [3] Ibid. lin 1. The Bishop of Lincoln maketh an inquisition into the lives of the People Lincoln by the Instigation of the Friers Preachers and Friers Minors made strict Inquisitions by his Arch-Deacons and Rural Deans concerning the Continency and Manners of Noble and ignoble to the great Scandal of them and the blasting of their Reputations The King hearing the grievous complaints of his people concerning these proceedings by advice of his Court sent his [4] Append. n. 175. The King forbid's the Execution of it Writ to the Sherif of Hertfordshire commanding him That as he loved himself and all he had That he should not permit any Lay-men of his Baylywic for the future to meet in any place to make Cognitions or Attestations upon Oath at the pleasure of the Bishop of Lincoln his Arch-Deacons or Rural Deans unless in Matrimonial and Testamentary Causes In 1 fol. 719. n. 20. The King reconciled to the Bishop of Winchester the year 1247. A. D. 1247. King Henry with many of his Great men was the day after Christmass-day entertained at Winchester by the Bishop of that place By this the King signified he had forgotten all former offences and in the presence of the whole Court received the Bishop into his favour At the same time the King [2] Ibid. n. 30. A Council called at London The Bishops absent themselves summoned his Great men Magnates suos and the Arch-deacons of England to meet at London to consider how the Contributions the Pope required should be raised At the day appointed all the Bishops designedly absented themselves that they might not appear openly to confront the Popes desires These Continual exactions of the [3] Ibid. n. 40 50. A general Clamour against the Pope and his Ministers Popes Legates and Collectors opened every ones Mouth against him but especially in France where they did not spare his Holiness but loaded him with bitter reproaches and revilings for the Extortion and Rapine that was practised by his Ministers Insomuch that the [4] fol 720. n. 20. A Decree of the Great men of France against Papal jurisdiction Great men of the Kingdom Omnes regni Majores Decreed and by Oath Established it That No Clerc or Laic for the future should compel any one to appear before an Ordinary Judge or Delegate unless upon the Account of Heresy Matrimony or Vsury upon Forfeiture of all his Goods and loss of one of his Members This resoluteness of the French very much Troubled the Pope [5] Ibid. n. 30. The Popes method to regain the good will of the French so that he endeavoured by all means to soften them into a compliance with him he bestowed many Ecclesiastical Benefices among their Relations and gave them licence to obtain more and other Indulgences besides he was bountiful in his gifts among the Noblemen which brought many over to him from their former Resolution The Day after [6] Ibid. n. 50. A Parlenâ— at London Candlemass the Parliament met at London where the King was informed that the King of France had a design upon Gascoigny and that it would not be only a great reproach but a prejudice to him
King promised in good Faith and without Cavil to observe the great Charter and every Article conteined in it And the same which his Father King John had Sworn to keep many years before and which he in like manner had Sworn to at his Coronation [2] Append. n. 179. And then all that opposed violated diminished or changed the Liberties and Customs conteined in the Charter of Liberties were Excommunicated and Anathematized on the third of May the [3] Append. n. 18â— Magna Charta solemnly confirmed Record says on the thirteenth of May in the great Hall at Westminster in the presence and by the Assent of the King Richard Earl of Cornwall his Brother the Earl of Norfolk Mareschal of England the Earl of Hereford the Earl of Oxford the Earl of Warwick and other chief men of the Kingdom by the Arch-Bishops and Bishops with Candles lighted in their Hands and the [4] Paris f. 867. n. 10. Charter which King John Granted was produced and read before them which the King regranted and then they put out their Candles and threw them down smoaking upon the Ground and every one wished That such as Deserved that Sentence might so stink and smoak in Hell The Council was no sooner [5] Ibid. n. 30 40. The Gascoigns desire assistance from the King Dissolved but the Gascoigns renewed their Suit to the King for assistance who promised to come to them in person with considerable Force about the [6] Ibid. f. 868. n. 20. The King prepares for an Expedition into Gascony first of June he summoned all his Military Tenents to be ready with their Horses and Arms at Portsmouth eight days after Trinity Sunday with al â—ecessaries to pass the Seas with him he took up a 1000 Ships of English and Forreign Merchants and lay Wind-bound above a Month to his great Expence and prejudice of his Affairs beyond Sea [7] Ibid. n. 50 About the sixth of August having appointed his Queen and Brother Richard to Govern the Nation in his Absence and left his Son Edward under their care he set Sail with a fair Wind and on the 15th of [8] f. 870. n. 30. the same Month arrived at Burdeaux and presently commanded Reole Castle to be Besieged and by the End of Summer the King had [9] f. 873. l. 1. His Success there recovered all his Castles in Gascony by Composition the Defendants often sending to the King of Spain for Relief but never receiving any Yet the King not daring to rely upon the [1] Ibid. n. 10 20 30 40. He desires a League and Friendship with Spain The King of Spain quitteth all claim to Gascony Fidelity of the Gascoigns and suspecting they might revolt to the King of Spain sent the Bishop of Bathe and John Mansel his especial Clerc to him to desire a League and Friendship with him and that he would yeild to Marry his Sister to his Son and Heir Prince Edward to whom he had given Gascony His Envoys dispatcht this Affair and with his Favor and Friendship brought back a Chart Sealed with a Golden Seal by which he quiet claimed whatever Right he had or could have in Gascony by the Grant of Henry the Second Richard the First or King John and upon Iâ—hn Mansels persuading him into a good Opinion of the King of Spain he sent for his Queen and Prince Edward to come to him In the mean time the Earl of Leicester [2] f. 879. n. 30. The Earl of Leicester offers his Service to King Henry came with some Troops of his own and offered his service to the King which when the Gascoigns understood and that the King of Spain was reconciled to him by degrees they returned to due obedience and the King had some thoughts of Returning On St. Julians day or the Twenty Seventh of January [3] f. 881. n. 30. A. D. 1254. A Parlement Convened almost all the Great Men of England were Convened and there came to that Parlement ad Parliamentum venientes on behalf of the King his three Messengers from Gascony the Earl Mareschal Roger Bigod and Gilvert de Segrave to declare his desires to the Vniversity of England There were present Richard Earl of Cornwall and the Queen The Kings Message to them with all the Bishops of England except those with the King The Message delivered in this Meeting from him was That he was deceived in the King of Spain whom instead of a Friend he had found an Enemie and therefore required a powerful assistance from them What was done upon this Message best appears by the Queens and Earl Richards Letter to the King to be found in the [4] fol. 189. n. 50. Additaments of Mat. Paris The Summ of the Queens and Earl Richards Letters to the King They wrote they had received his Letters at Christmass before and that they Summoned the Arch-Bishops Bishops Earls and Barons of the Kingdom on the Morrow after St. Hilary to acquaint them with his Condition and that the King of Castile was coming against him into Gascony and because of the shortness of the time the said great men could not meet at that Day they called the same together at Westminster fifteen days after that Feast i.e. the 27th of January That the Earls and Barons after they had heard the cause of their coming together offered to be ready at London three weeks after Easter to march from thence to Portsmouth and Ship themselves to relieve him in Gascony if the King of Castile invaded that Country That the Arch-Bishop of Canturbury the Elect of Winchester Bishops of London and Worcester promised they would personally come to him with a good strength That the other Bishops and Abbats promised a large supply in Money At last Earl Richard signified to him in the same Letter that he would not fail him of a supply answerable to his Necessity and his own Honor if the King of Castile did Arm against him and that he would leave the Kingdom in good Hands by advice of the Queen and bring her and the Prince with him But they would not [5] Paris Hist f. 882. n. 10. believe the King of Castile had any such Design and so the Council was Dissolved without effect Fifteen [6] Ibid. f. 887. lin 1. n. 10. The King reneweth his demands to his Great men days after Easter the Great Men were called again to London when the King upon the same Reasons made the same Demands and received the same Answer for then their suspitions that the King of Castile had no Design against King Henry was confirmed by Simon Monfort Earl of Leicester who was just come to them from beyond Sea Notwithstanding the [7] Ibid. f. 889. n. 30. The Queen and her two Sons pass over Sea Queen had received order from the King to the contrary yet she with her two Sons Edward and Edmund and her Uncle the Arch-Bishop of Canturbury Shipped themselves
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. â—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
Noblemen and was placed in the Seat of Charles the Great with the usual Solemnity It is reported by [8] f. 942. n. 10. The Great Riches and Treasure of Richard King of the Romans Mat. Paris That this King and Earls Treasure was so great that he could spend an hundred Marks every day for Ten years together not accounting the Revenues he received from England and Germany The Welch [9] Ibid f. 949. n. 50. The Welch ravage and destroy the English Borders this year plundered and burnt the English borders and killed the Inhabitants notwithstanding the assistance of the Earl of Glocester and remained triumphant in those parts [1] Ibid. f. 951. n. 56. The King raiseth all his Military Service to repress them About the Feast of St. Mary Magdalene or 22 of July the King marched into Wales with his whole Military Service which he had summoned by his Writ to repress their incursions who having notice of his coming fled to the Mountains and inaccessible places carrying with them their Wives and Children and driving their Cattle thither they Plowed up their Meadows destroyed their Mills brake down their Bridges and digged great and deep pits in their Fords to make them unpassable and at length confederating with those of [2] Ibid. f. 953. n. 40 50. Part of the Army baâ—led South-Wales by the treachery of Griffin de Brun who was a Welchman that served the King made an Assault upon part of the Kings Army and Baffled it The King with the residue of his Military Men making a great Army marched towards [3] Ibid. f 954. n. 30 40. The Welch offer to submit upon Terms but are refused Chester and burnt all the Corn in the borders thereabouts The Welch offer to submit so as they might enjoy their Laws and ancient Liberties and not be subject to Prince Edward or any but the King himself who refused the Terms and towards [4] Ibid. f. 955. n. 40. Winter made a shameful Retreat into England having spent much Treasure and done nothing About [5] Ibid. f. 956. lin 1. The Elects of Ely and St. Edmunds-Bury return from Rome Michaelmass this year the Elects of Ely and St. Edmunds-Bury returned from Rome where they had spent given and promised vast sums of Money for obtaining their Rights by which the Historian I suppose means their Confirmations Electus Eliensis Electus Ecclesiae Sancti Edmundi Tantam pecuniam in Curia Romana dando promittendo effuderunt pro jure suo obtinendo ut in considerando Thesauri Quantitatem poterunt prudentes admirari cum admiratione Stuporem excitare And then it was that a new Law was made at Rome That every Elect whether Bishop Abbat or Prior should come thither and compound for this Confirmation Ecce [6] Ibid. l. 6. Statutum Romae cruentissimum quo oportet Quemlibet Electum personaliter transalpinare in suam laesionem imo Eversionem Romanorum loculos impraegnare Soon after [7] Ibid. f. 958. n. 20. that time the Bishop of Worcester the Elect of Winchester the Abbat of Westminster the Earl of Leicester Earl Hugh Bigod the Mareschal Peter of Savoy and Robert Waleran were sent to the King of France to demand the Restitution of King Henry 's Rights in Normandy King Henry's Rights in Normandy and France demanded and the other parts of France but returned without success A. D. 1258. In the year 1258. and Forty second of Henry III he kept a magnificent Christmass at [8] Mat. Paris f. 959. lin 5. The Bishop of Ely and Abbat of Bury Confirmed by the Pope London and about that time notwithstanding all the Interest the King and Arch-Bishop could make at Rome The Bishop of Ely and Abbat of Saint Edmunds-Bury returned from thence Confirmed So as saith the Monk the King using ill advice every day lost somewhat of his Royal Dignity and studied how to damnify the Church The [9] Ibid. n. 30. Noblemen sent by the King to the King of France to Demand Normandy and his other Rights in that Kingdom were civilly received by himself but his Brothers and other Great Men much opposed them so as they returned as they went on the 6 th of January or Twelfth-day About this time [1] Ibid. n. 50. The Welch destroy some of Prince Edward's Towns the Welsh despairing of Peace and distrusting the Kings Mercy seized some good Towns of Prince Edwards and other Great Mens in the borders of Wales and plundred them and afterwards burnt them and killed all the People It was about this [2] f. 960. n. 30. The Pope is angry with the King for his Excesses time also that the Pope was in great passion with the King because he observed not his repeated Promises when he had bound himself saith the Monk under pain of losing his Kingdom to correct his Excesses and at the instance of Lawrence Bishop of Rochester and many others He propounded after many fruitless Admonitions to Excommunicate him He threatens to proceed to Ecclesiastic Censures but is appeased Interdict his Kingdom and proceed further as he should see cause The King in great Confusion sent him Five thousand Marks to bring him into temper and put off the Sentence for a time with which and the Kings earnest Petitions he was satisfied In Mid-lent [3] Ibid. n 40 Rustand accused and removed from his Dignity and power Master Rustand returned from Rome Deprived of his former Authority having been accused by some of his Rivals That he was too Rapacious and had laying aside the fear of God gained many great Rents and Estates And that he might obtain the Kings favour in acquiring of them he affirmed he was born at Burdeaux and promised as the Kings Liege and Natural Subject effectually to procure the Dominion of the Kingdom of Apulia and transact other Business for him at the Court of Rome and otherwhere with such flattering Promises he circumvented the easy King Regis simplicitatem circumveniens so as he was endowed with great Revenues yet was sent for to Rome and severely chidden by the Pope being hardly restored to his former Favour however he was removed from the Dignity and Power he had enjoyed Soon after or before his departure in the week before Easter Master [4] Ibid. n. 50. Herlot the Popes Notary comes into England with great power Herlot or Arlot the Popes Notary and special Clerc came with great pomp into England furnished with great power who though he was not stiled a Legat yet wanted not his greatness On the 14 th of March King Henry [5] Cl. 42. Hen. 3. M. 11. Dors Summoned all that ought him Service both Clergy and Laity to meet him at Chester eight days before Midsummer to march into Wales against Lewelin the Son of Griffin and his Accomplices who had seized on All that ought the King service summoned to meet at Chester to repress the Welch and wasted
greinure partie Ne Ke il ne enselera ren Ke seit en Contre le Ordinement Ke est fet et serra a fere par les Vint et Quatre u par la greinure party Ne Ke il ne prendra nul Loer autrement Ke il nest divise as autres E lem li baudra un Companiun en la furme Ke la Cunseil purverra That is This the Chancellor of England did Swear That he should Seal no Writs without the Command of the King and his Council that shall be presentt except Writs of The Oath of the Chancellor of England Course nor should Seal the Gift or Grant of a Great Ward or Great ...... or of Escheats without the assent of the Great Council or the greater part of them Nor that he should Seal any thing which was contrary to the Ordinances then made or to be made by the Twenty four or the greater part of them Nor that he should take any Reward but what had been given to others And that if he took to him an assistant or Deputy it should be according to a form provided by the Council When by their Ordinances and having procured their Friends to be made Governors of all the Kings Castles and Places of strength in the Nation and having also provided themselves of a Justiciary and Chancellor for their purpose and bound them by Oath to act according to their Dictates They then if any credit may by given to [2] f. 391. n. 20. The Barons Practices to enrich themselves and Relations Math. Westminster held continual Parlements took to themselves the Escheats and Wards and gave to their Sons and Relations all Churches in the Patronage of the King And when they had driven the Kings Brothers out of the Kingdom the Baronage or [3] Paris f. 978. n. 10. lib. Additâ—ment f. 215. n. 30 40. A. D. 1â—58 Comunity of England sent Letters to the Pope to excuse themselves which were [4] Append n. 195. Their Letter to the Pope to excuse themselves to this effect That altho' he had lately sent Mr. Herlot or Arlot his Sub-Deacon and Notary who admonished and induced them to assist the King in the prosecution of the Affair of Sicily which he had undertaken without their Advice and Consent and against their Wills Yet out of Reverence to him and the Holy See they thought fit to Answer That if by their Advice he would Reform the Kingdom and he would mitigate the Conditions contained in his Bull of the Grant of Sicily Then according to the Terms of the Reformation and his Mitigation they would effectually help him But when the King had consented to choose Twelve and that they should choose Twelve others by whom the Reformation of the Nation was to be made He named Adomar the Elect of Winchester and his Brothers in the number of his Twelve And that they but more especially the Elect disswaded the King from consenting to their Ordinances and incouraged Prince Edward and some of the Nobility to oppose them so as they delayed the Reformation And they also signified to the Pope That their Offences were so great as the Cry of the Poor ascended to Heaven against them That their Ministers and Officers were rather to be called Thieves and Ruffians who preyed upon the Poor insnared the Simple moved the Wicked oppressed the Innocent triumphed in the worst Actions and rejoyced when they had done ill They therefore considering A Commonwealth was a certain Body that grew up by Divine Beneficence and that it was not Expedient there should be clashing amongst the Members of the same Body made the King call the said Elect and his Brothers as Perturbers of the publick Peace to Answer their Accusers according to the Laws and Customs of the Kingdom Yet so as if they desired it they might have leave to depart who rather than they would stand to or undergo the rigor of Justice went out of the Nation And they Declare their intention to hinder the Elect from returning again who they said was the chief cause of their Disturbance and would certainly undo what they had had taken so much pains to do by Infatuating the King and his Son Edward if he came again And at length heaping more Crimes upon him As that he damnably violated the Liberties of the Church imprisoned Men and wounded Clercs to the prejudice of the Crown which had the sole power of imprisoning They beseech his Holiness wholly to remove him from the Administration of the Church of Winchester by the Fulness of his Power he having received it by the Munificence of the Apostolic See lest worse things might happen and they his most Devoted Supplicants be forced to do it otherwise and told him for certain That though the King and greater Men of the Kingdom were willing he should return yet the Comunity would in no wise permit his Entrance And that he might be removed without scandal seeing he was not Consecrated Bishop To these Letters Eleven Persons put to their Seals and witnessed them on behalf and in the stead of the whole Comunity Eleven Persons put their Seals to this Letter Of these Eleven Eight were of the number of the Twenty four Reformers viz. Richard of Clare Earl of Glocester and Hertford Simon Montfort Earl of Leicester Roger Bigod Marescal of England Humfry Bohun Earl of Hereford and Essex John de Placeto Earl of Warwick Hugh Bigod Justiciary of England John Fitz-Geofry Peter Montfort The other Three were of the Number of the Fifteen of the Kings Council chosen by Four of the Twenty four viz. William de Fortibus Earl of Albemarl Peter of Savoy Earl of Râ—chmond James Aldithley or Audeley The Great Men [5] Paris Additam f. 217. n. 30 40 50. Four Knights sent to the Pope with this Letter from the Great Men. fearing lest the Elect of Winchester should make haste to Rome and by the promise of a great sum of Money to the Pope and Cardinals procure his Consecration That so he might more effectually hurt them sent Four Skilful Eloquent Knights Men of Worth and Credit to present this Epistle to the Pope and whole Roman Court with further instructions to Calumniate the Kings Brothers Who when they had fully Declared the cause of their Errand to the Pope they added other Offences and great Wickednesses the Elect and the others had committed That is to say Their complaints against the Kings Half Brothers Homicide or Murther Rapine Oppressions and Injuries and that the King would not restrain their violence Nor did they omit to tell the Pope of one great injury they did to Mr. Eustace of Len the Arch-Bishop of Canturbury's Official for which all present when it was done were Excommunicated through all the Province of Canturbury and at Oxford before the * That is the University of Barons Vniversity and they further told the Pope That one of the Brothers Geofry of Lesignan Roasted the Kings
nor sent and of all such as depart without his Licence and keep them safe until further Order On the 24th of September the King [3] Pat. 48 Hen. 3. M. 3. Dors. wrote to the Sheriff of Oxford and Buckingham Shires to Command and Injoyn all Knights and Free-tenants in his Bailywic that were able to bear Arms and had Lands to the value of an Hundred Shillings or Ten Pounds a year under the penalty of losing all the Lands and Tenements they held in the Kingdom that they should come to him in their proper Persons with Horse and Arms where-ever he was in England in all haste to oppose the Strangers that were to come from beyond Sea who were to be furnished with Money for their Expences in the Army until Three Weeks after Michaelmass and the Sheriffs were to provide for the Expences of such as were not Able by taxing the County and also for the Expences of the Foot Matthew Westminster [4] f. 385. n. 10. What the King of France thought of the English says That almost all France as far as the Alps by the Instigation of the King of France Peter Earl of Savoy Boniface Arch-Bishop of Canterbury and the Elect of Lyons and other of the Queens Relations was in great Indignation with the English that behaved themselves Seditiously toward and Traiterously opposed their King which might raise a Suspicion in them of the Inclinations and willingness of those People to Assist the King but speaks not of any Shipping provided or Forces raised there to reduce them to Obedience Though the [5] Paris f. 996. n. 40 50. A. D. 1265. 49th Hen. 3. King was in the Custody of the Earl of Leicester and under his Power Richard King of Almain Prisoner in the Tower and their two Eldest Sons Prisoners and Hostages in Dover Castle Some Loyal Barons take up Arms against Montfort Yet there remained in the Marches of Wales several Stout and Loyal Barons Roger Mortimer Iames Audley Roger de Leyburn Roger de Clifford Hamo L'estrange Hugh Turbervile and many others being much troubled at the Usage of the King and Prince with one Consent took Arms against the Earl of Leicester They brake down the Bridges upon the River Severn and secured themselves in the Borders of Wales on the West side of it To Reduce these [6] Mat. Westm f. 389. n. 40 50. Montfort carries the King with him to oppose them Assumpsit secum Regem Henricum quem habuit adeo acclivem c. Montfort carried with him the obsequious King made so by Threats and marched with a great Army to Worcester And having his Fast Friend Leolin Prince of Wales to come upon the back of them they were forced to make a Peace on Condition they should leave the Nation for a year and deliver up their Castles to Leicester The Barons constreined to deliver up their Castles to him To which Terms they the more readily consented that Prince Edward might be freed of his Imprisonment by this Means Leicester became possessed of almost all the Castles upon the Marches from Bristol to Chester which City and Castle with the Earldom and Honour and the Appurtenances Prince Edward granted to him [7] Pat. 49 Hen. 3. M. 6. He made a plentiful provision for himself and Family under pretence of an Exchange before his Liberty could be Treated of which Grant was Confirmed by the King on the 20th of March following and also the [8] Cart 49 Hen. 3. M. 4. Castle and Honour of Peâ— the Castle and Town of Newcastle Underline in Staffordshire were then granted with them to him and his Heirs And now all things being quiet in the [9] Mat. Westm f. 390. lin 7. Marches of Wales the King went toward Woodstock to keep his Christmass there And the Earl Fortune favouring him in all things he had contrived celebrated the same [1] Ibid lin 9. He Governs and Orders every thing in the Kingdom Feast at his Castle of Kenelworth At this time all England but the utmost North Parts of it which as yet held out against him by the Instigation of the King of Scots and John Baliol was subject to him [2] Ibid n. 10. The King only as a Shadow and always under a Guard all things were ordered by him all the Kings Castles were put into his hands Nor was the King that had now Reigned near fifty years any more than a Shadow so that he could not walk in his own Land without a Keeper and Guard and under the total Disposition of some other person And his [3] Ibid. f. 394. n. 30. Who were his Keepers Keepers usually were Montfort's Sons Hugh D'espenser and John Fitz-John the Earl of Glocester being excluded from the Custody of him whom they only feared as able to break this Confederacy They divide the Kings Castles and Forts among themselves All the Kings Castles and strong Forts of the Kingdom they divided amongst themselves and made the Kings capital Enemies Officers of his House There was also at this time much Discourse of [4] Ibid. n 40. Prince Edward purchaseth his Liberty Releasing Prince Edward which had continued almost a year until he had given him for his Liberty of being a Prisoner only at large the Earldom of Chester And for this [5] The Writ of Summons Cause chiefly and to Treat of some other Difficult Matters of the Kingdom was the famous Parlement of the 49th of this King called the first [a] Though the Keepers of the Peace in each County had Writs directed to them to send four Knigâ—tâ— to that Convention called a Parlement in June 48th of this King yet that was not a Parlement according to this Method and the Usage afterward for there was neither Citizens nor Burgesses nor any to Represent the Chapter of Cathedral Churches or the Ordinary Clergy and without doubt these four were of the Number of the small Barons or Tenants or Community in Capite and called to Represent them to give the more Credit to the Traiterous Ordinance then made Pattern of our Parlement since that time or from the eighteenth of Edward the First For the History whereof how it was summoned why called and the old way of Parlements at this time changed I refer the Reader to my Answer to Mr. Petyts Book of the Rights of the Commons asserted in my Introduction to the Old English History from fol. 136. F. to fol. 143. D. But Prince Edwards Release could not be agreed upon in this Parlement whatever other Business might be dispatch'd for there was another Treaty about it with the Great Men upon [6] Pat. 49 Hen. 3. n. 100. Thursday the morrow of Ash-Wednesday and the Discharge from the King to Henry Montfort his Keeper for the [7] Append. 219. Prince Edward still a Prisoner at large Receipt of his Body bears Date 10th of March and when he was released out of Dover Castle he
was but a Prisoner at large and under a Guard and carried about with his Father whethersoever the Earl of Leicester went and the Castles of Dover Scardeburgh Bamburgh Nottingham and Corf were to remain in the hands of the Barons for five years as security for him as well as for the Peace of the Kingdom Castra [*] Pat. 49 H. 3. n. 87. nostra Dovor Scardevurgh Bamburgh Nottingham Corf tradenda in Ostagium in Quinquennium c. who was now grown so great [8] Paris f. 997. n. 10. that the Earl of Glocester envied him and thought he was neglâ—cted and not well used by him for it was not enough for him thus to carry about the Captive King Montfort and the Earl of Glocester disagree but he ordered all the Affairs of the Kingdom as he pleased Yet that which most offended the Earl of Glocester was that he took to his own use all the Profits and Revenues of the Kingdom and all the Money paid for the [b] The Money paid for the Ransom of Prisoners was very considerable and those that took them challenged it as their own [9] Append. n. 220. Marmaduke was taken Prisoner at Lewes by Hugh D'espenser and Compounded with him for his Liberty and found Sureties for the payment of seven hundred Mark and for their Security ingaged his Manor of Lunâ— Ransom of Prisoners which by Agreement ought to have been divided between them For these Causes there happened a great Difference and falling out between these two Earls which the [1] Pat. 49 Hen. 3. m. 13. n. â—4 The King endeavours to reconcile the two Earls King by Monforts own Contrivance indeavoured to reconcile by the mediation of some Bishops and so confident was he That he caused the King to [2] Ibid. n. 61. write to all the Keepers of the Peace and Sheriffs in England to apprehend such as reported there was any discord between these two Earls and affrighted the people with Jealousies and Fears of a new War And particularly to Ralph Basset of Drayton [3] Ibid. Keeper of the Peace in the Counties of Salop and Stafford and the Sheriffs of the same Counties to suppress the Forces Roger Clifford and other Great Men of the Marches were Raising These Writs bear Date at Hereford May the 10th and were issued by the Command of the King the Earl of Leicester Justitiary Peter Montfort Roger St. John and Giles Argenten Sciendum est quod literâ— istae emanarunt per preceptum Regis Commitis Leicestriae Justiciarium Petrum de Monteforti Rogerum de Sancto Iohanne Aegidio de Argenten The Earl of Glocester would not be reconciled to Montfort But Simon Montfort who put forth every thing in the Kings Name was deceived for notwithstanding all the Labour of the Mediators the Earl of Glocester would not be [4] Pat. 49 Hen. 3. n. 54. reconciled to him but withdrew himself and joyned John de Warrenna Earl of Surrey and Sussex and William de Valentia Earl of Pembroke who a while before had come from beyond Sea and landed with some small Forces at that Town who marched from thence with what numbers they could to the assistance of the Barons Marchers To whom also came Prince Edward after he had made his Escape from Hereford on Thursday in Whitsun-week which * Easter day April 5th was on the 28th of May that year On the 30th of the same Month the King [5] Append. n. 221. The King esteems his Son Prince Edward a Rebel wrote to all his Tenants in Capite as well Arch-Bishops Bishops Abbots Priors as Earls Barons Knights and all others except those that were of the party of the Earl of Glocester That whereas he and certain of his Great Men and Feudataries sometime since came to Hereford to take care of the Peace of those Parts hoping to have found his Son Edward a great and chearful Assistant in that Business He on the Thursday in Whitsun-week about the Evening made his Escape from the Knights which accompanied him out of Hereford to take the Air and were his Guard by the contrivance of two Knights and four Esquires that were privy to the Design and carried him off intending as he certainly believed to go to John Waren and William de Valentia and the Barons Marchers his Rebels and Disturbers of his Peace He therefore commanded them by the Faith Homage and Love in which they were bound to him to come with all haste by Night and by Day with Horse and Arms and all their Service and Force to Worcester to go with him against his Enemies and Rebels On the 7th of June he [6] Append n. 222. He prohibit All from Aiding or Aâ—sisting his Soâ— wrote to the Guardians of the Peace and Sheriffs of every County to Prohibit by Proclamation all People of their respective Counties from giving any Aid or Assistance to his Son Edward the Earl of Glocester or any Rebels of their Confederacy But whereas he had lately sent his Letters into all Counties and commanded all men should take an Oath to observe the Ordinances made at London therefore all men in every County should rise against the Rebels Disturbers of the Peace and Transgressors of that Ordinance and Arrest their Bodies and have them in safe Custody These Letters or Writs were directed into the several Counties by the King the Earl of Leicester Justiciary Peter Montfort Giles Argenten and Roger St. John On the same * Cl. 49 Heâ— 3. M. 4. Dors. day he wrote to Roger Bigot Earl of Norfolk to hinder all Combinations and Attempts to annul those Ordinances and Provisions in Norfolk and Suffolk On the 8th of the same Month a Letter in the Kings Name was [7] Pat. 49 Hen. 3. m. 13. n. 54. The Bishops commanded by the King to Excommâ—cate his Son written to the Bishop of London and the other Bishops of the Province of Canterbury Rex venerabilibus in Christo patribus H. London caeteris Episcopis c. in which they were required to Excommunicate by name in their several Diocesses his Contùmacious Rebellious Son and other Rebels Et est litera Duplicata per Comitem Leicestriae Justiciarium Petrum de Monteforti Egidium de Argenten Rogerum de Sancto Iohanne And this Letter was double by the Earl of Leicester Peter Montfort Giles Argenten and John St. John no mention of the King On the 26 of the same a Letter in the Kings Name was [8] Pat. 49 Hen. 3. n. 46. directed to the Major Aldermen Sheriffs and the whole Community of London Rex Majori Aldermanis Vicecomitibus toti Communitati London Salutem c. wherein he thanks them for their Fidelity and Constancy to him and his friends and desires them to continue in them and to contribute their utmost assistance to Suppress and Destroy his Rebels where and of what Quality soever and their Favorers by all ways and means they
quot bobus et averiis singulae carucae valeant instaurari et quot et quantum instauramentum singula maneria possit sustinere et tunc aperte et distincte in scriptum redigantur Erit autem pretium bovis 4 Solidi et vaccae similiter et averi similiter ovis crispae 10 Denarii et ovis lanae grossioris 6 Denarii et suis 12 Denarii et verris 12 Denarii et cum firmarii firmas suas dimiserint de praedicto pretio respondebunt vel de animalibus pacavilibus in optione firmariorum et cum omnia praedicta instaurata fuerint et appretiata omnia imbrevientur apertâ— et distincte et deferantur ad Scaccarium Excipiuntur autem de hac assisa Episcopatus et Abbatiae et terrae Baronum qui proximi sunt aetati Inquiratur etiam per Sacramentum praedictorum de omnibus Wardis et exchaetis quae non sunt in manu Domini Regis et capiantur in manu Domini Regis et de illis fiat sicut de aliis exchaetis et Wardis In the Month of September â— 1194. the King sent Itinerant Justices through all the Counties of England who were to proceed in doing Justice according to the under-written Heads or Articles The Form of Proceeding in Pleas of the Crown FIrst Four Knights are to be chosen of the whole County which upon their Oath shall choose Two Legal Knights of every Hundred or Wapentach and those Two shall choose upon their Oaths Ten Knights in every Hundred or Wapentach and if there be not Knights enough Lawful and Free-men so as those Twelve together may answer to all the Articles which concern that Hundred or Wapentach Articles of Pleas of the Crown THe Justices shall inquire and determine New and Old Pleas of the Crown and all such as were not determined before the Kings Justices Also of all Pleas of In those â—as the Verâ—ct was called Recognition â—d the Jurors â—ecognitors Novel Diseisins and all Pleas which were summoned or brought before the Justices by the Writ of the King or Chief Justice or sent before them from the Kings Capital Court Also concerning They are â—nds or Proâ—s that fall to â—e King or â—ord of a Manâ—er by Forâ—iture or â—eath of a Teâ—ant without â—eirs Escheats what they were and had been since the Kings Expedition to Jerusalem and what were then in the Kings Hands and whether they are now in the Kings Hands or not If they were taken out of his Hands how and by whom and to whose Hands they came and in what manner And who receives the Issues and Profits of them and what the Profits are and what was and now is their value and if there be any Escheat which belongs to the King and is not in his possession Also of Churches which were in the Kings Gift Also of Wardships of Children and Young Men that belong to the King Also of the Marriages of Maidens and Widows that belong to the King Also of Malefactors their Receivers and Incouragers Also of Falsonars such as forged and counterfeited false Charts and Writings Also of the Killers of Jews who they were and of the Pawns of the Jews that were slain of their Goods Lands Debts and Charts who had them in their possession and what their value The Pawns and Debts of the Jews to be taken into the Kings Hands and those that were present at the Killing or Murthering of the Jews and have not made Fine or Composition with the King or his Justices let them be taken and not delivered but by the King or his Justices Also of all Ayds given for the Redemption of the King who and how much every one promised how much paid and how much in Arrear Also of the Favourers or Abettors of Earl John who have made Composition with the King and who not Also of the Goods and Chattels of Earl Iohn and his Favourers which are not yet converted to the Kings use how much the Sheriffs and their Bayliffs have received and whether any one hath bribed them contrary to the Antient Customs of the Kingdom Also of all the Lands of Earl Iohn such as he had in his own Hands his Wardships and Escheats of such as had been given him and for what cause they were given him all to be taken into the Kings Hands unless such as the King confirmed to him Also of the Debts and Fines due to Earl Iohn and for what cause due They were all to be required for the Kings use Also of Vsurers that were dead and their Goods Also of Wines sold contrary to the Assise and of False Measures of Wines and other things Also of such as undertook the Crusado and died before they set forward toward Jerusalem who had their Chattels what and how much Also of So called from the Tryal of Right which was the greatest Tryal and was brought into Court by a Writ of Right by which the Jurors were directed to discover who had more right to the Land in question whether the Demandant or the Tenant and Possessor Great Assises which were of Land worth an Hundred Shillings a year and under Also of Defaults that is non-appearances in Court chiefly at a day assigned Furthermore they were to choose or see there should be chosen Three Knights and one Clerc in every County who were to note and set down or hold the Pleas of the Crown and no Sheriff was to be a Justitiary in his own County nor in any County he held since the first Coronation of the King Furthermore all Cities Burghs and the Kings Demeasns were to be Taxed by the Iustices Itinerant The Justices The Itinerant Justices were named I suppose though omitted by the Historian named together with the Bayliffs of William of the Church of Saint Mary and Geofry Fitz-Peter and William de Chimelli William Bruer and These were Commissioners for the Management of the Kings Wardships and Escheats undoubtedly in the Iter assigned to these Justices or perhaps all over England Hugh Bardolf and the Sheriffs of the Places should cause the Knights in the County named in a Roll to be summoned that they come at the day and to the place they shall have notice of to swear before them That they would use their utmost lawful endeavour to stock all the Kings Ward-Lands and Escheats and improve them to the Kings best profit and not omit for the hatred fear or favour of any Man And the Knights named in the Roll were to choose upon their Oaths Twelve Lawful Knights or Lawful and Legal Free-men if Knights were not to be found in several parts of the Counties in the Iter of the foresaid Justices as they should think fit who in like manner were to swear That they would Apply their utmost lawful Endeavour Counsel and Help to stock improve and let to Farm the Kings Ward Lands and Escheats in those parts to the profit of the King as aforesaid And the said Jurats or sworn Persons were
de illis villis qui necessarii fuerint ad Inquisitiones illas faciendas Et ideo tibi praecipimus quod praedicta Hundreda Wapentakia Curias tam nostras quam aliorum teneri facias de caetero secundum quod praedictum est de tribus Septimanis in tres Septimanas exceptis praedictis duobus Turnis qui de caetero teneantur secundum quod prius teneri solebant Teste Rege apud Westmonasterium xi o die Octobris The INDEX A ABrincis vid. Hugh Adala Countess of Blois her endeavour to reconcile the King and Arch-bishop Anselme f. 260. E. William Fitz Adelin sent Procurator into Ireland f. 365. F. His Character Ibid. He is recalled f. 369. D. Adomar vid. Ethelmar Aedui who they were f. 6. F. Aelfred fighteth the Danes with various success f. 114. D. He is reduced to great streights Ibid. E. He obteined a great victory over them and forced them to beg peace f. 115. A. B. His great Force at Sea Ibid. C. His design to advance learning Ibid. D.E. His Charity Justice and Prudence f. 116. A. B. C. D. He erected Hundreds and Tithings Ibid. E. He made a Survey of all Counties Hundreds Tithings f. 117. l. 2. Agalmar Bishop of North-Elmham deposed f. 213. A. Agricola sent Governor into Britain f. 22. D. His Atchievements and Wisdom and Justice in the British Affairs f. 23. A c. His Conquests f. 24. A. B. C. He first made use of a Fleet Ibid. D. He overthrew the Caledonians f. 25. B. And Britains f. 26. A. B. His Policy to keep them under by Sea and Land Ibid. D. He is recalled by Titus and suspected to be poysoned f. 27. A. Agricola Disciple to Paelagius propagated his Masters Opinions in Britain f. 38. E. Alans who they were f. 37. B. F. Albamarle vid. William de Fortibus St. Albans Monastery founded by King Offa f. 109. B. The Abbat thereof cited to London by the Popes Legat f. 599. F. He appeals to the Pope but without remedy f. 600. A. B. The Church Interdicted f. 620. B. Alberic the Popes Legat in England and Scotland f. 293. E. He directs the choice of an Arch-Bishop of Canterbury Ibid. Albert the Popes Notary his Offer to Earl Richard f. 609. F. William de Albany made Governor of Rochester Castle by the Barons f. 503. lin 2. He is taken Prisoner by the King Ibid. B. Philip de Albiney beateth the French at Sea f. 526. F. He accompanied Earl Richard into Gascoigny f. 535. E. Alcuinus wrote against Image worship f. 109. A. Aldermannus a general word for many Officers f. 70. F. Alexander Caementarius mainteined King Johns Cause against the Pope f. 480. F. How he was punished by the Pope f. 481. lin 2. Alexander A Frier Minor the Popes Collector in England f. 598. E. Alexander King of Scotland doth Homage to Prince Lewes f. 514. D. He married Joanna King Henry the Thirds Sister f. 530. B. His Demands of King Henry f. 565. B. He refused to hold any thing of the King of England f. 590. A. An Agreement between him and King Henry f. 568. D. and 592. A. He refused the Popes Lâ—gat entrance into Scotland f. 568. E. His death f. 603. lin 1. Alexander his Son Married Margaret Daughter to King Henry f. 606. B. He doth Homage to King Henry Ibid. C. His modest Answer to King Henry's Demands Ibid. D. He and his Queen came into England f. 619. D. Alexander the Fourth Pope of Rome Invested Edmund the second Son to King Henry with the Kingdoms of Sicily and Apulia f. 614. D. He Decreed that every Bishop Abbat and Prior should come to Rome and compound for his Confirmation f. 622. B. He threatned to censure King Henry for his Excesses Ibid. F. He is appeased with 5000 Marks f. 623. lin 3. His death f. 636. A. Alfred Divided Shires into Hundreds f. 83. F. Algar Earl of Northumberland unjustly banished by Edward the Câ—nfessor f. 134. C. Alienor Wife to King Henry the Second released a great many Prisoners and who they were f. 419. E. F. She set her Son Henry against her Husband f. 311. F. She caused all Free-men to Swear fealty to her Son Richard f. 420. B. C. Alienor Daughter to the Earl of Provence Married to Henry the Third f. 563. A. She is brought to bed of a Daughter at Burdeaux f. 586. E. Almains why so called f. 58. E. Alodium what f. 204. D.E. Alphonso King of Castile his pretences to Gascoigny f 610. B. He quitteth them f. 611. F. Ambiani who they were f. 35. B E. Ambrosius Aurelius overthroweth the Saxons f. 95. F. Amianus Marcellinus his Account of the Saxons f. 57. F. Ancalites who they were f. 10. lin 2. An Anchorites Advice to the Monks of Bangor f. 103. C. Andeli Castle surrendred to King Philip of France f. 473 F. Anjou doth Homage to Henry the Third f. 545. A. Anselme Abbat of Bec pressed to accept the Arch-Bishopric of Canterbury f. 225. B. He demanded restitution of all Church Lands f. 225. C. He falls from the Kings favour f. 226. B. C. The great difference between King Henry the First and him Ibid. D. E. and 227 228 c. The Bishops advise him to obey the King his Answer f. 227. A.B. He refused to receive his Pall from the King f. 228 E. F. He refused to appear at the Kings Court f. 229. A. B. He desired leave to go to Rome but is denied Ibid. C. He goes without leave and his Arch-bishopric is seized Ibid. D. E. F. He desired the Pope to ease him of his Dignity but is denied f. 230. B. He is recalled by the King f. 234. E. The Case of the Queen determined by him in a Council at Lambeth f. 235. A. B. He reconciled the Norman Nobility to the King f. 235. E. F. He refused to do Homage to the King f. 256. A. He denied the King the Right of Investitures and advised him to be obedient to the Pope Ibid. B. C. He presided in a Council at Westminster f. 257. F. He refused Consecration to such as were Invested by the King f. 258. A. A wrangling intercourse between him and the King Ibid. D.E.F. He goeth to Rome f. 259. A. B. His Account to the King of what he had done at Rome f. 260. A. His return into England prohibited f. 259. F. and 260. B. He excommunicated the Kings Counsellors Ibid. C. He is reconciled to the King f. 261. A. His Answer to the Bishops request for relief against exactions Ibid. E. F. His sickness at Bec and the Kings promise to him f. 262. A.B. He is observantly treated by the Queen Ibid. C. He exacted obedience from the Arch-Bishop of York f. 263. D. He refused to give his Benediction to Thomas Elect of York till he made his profession to Canterbury f. 264. B. His death Ibid. C. Anzazim His treacherous attempt on Prince Edward at Acon f. 666. B. Appeals from inferiour Courts to