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
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
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
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
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
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