Legate to Constance with a large Commission in which full power was granted him to lay down the Pontificate in his Name Whereupon the Legate putting on the Pontifical Robes and sitting in the Papal Chair as representing the Person of Gregory read his Commission publickly and resign'd the Papacy Benedict also being deserted by Ferdinand King of Arragon who had hitherto obey'd him by the Sentence of the Council was divested of the Popedom And that these Depositions of the Popes might appear to be lawful it was determin'd by a Decree of the Council that a General Council doth derive its Power immediately from Christ and that the Pope is subordinate to it After this they consulted about chusing a new Pope and it was agreed upon by the Council that six men out of each Nation should be deputed to go into the Conclave with the Cardinals and elect a Pope Now all things were manag'd in the Council by the Suffrages of five Nations the Germans the Italians the English the French and the Spaniards for it was in this Council that the English were first allow'd to be a Nation Out of them were chosen the Bishops of London Bath Worcester and Litchfield with the Abbot and Dean of York The third day after their entrance into the Conclave the Bishop of London leading the way with these words I Richard Bishop of London come to my Lord Cardinal Colonna all the rest follow'd his Example and chose Otho Colonna a Roman Prince and Cardinal of St. George of the Golden Fleece on the 11 th of November which being St. Martin's day the Pope took the Name of Martin the Fifth This Decree of the Council of Constance concerning the power of a General Council extreamly troubled the succeeding Popes insomuch that it was repealed by Leo the Tenth in the last Lateran Council since which a great many of the Canonists in their Commentaries and the Popish Divines in their long Disputations have disallow'd it either out of flattery to the Popes or else out of fear as having lost that liberty of speaking and writing which every one enjoy'd at the time of the Council of Constance when there was no Pope For Peter Ancharanus who was Advocate of the Council Baldus and Panormitanus gave it openly as their Opinion at that time That the Pope was subordinate to a Council and might be depos'd by it following herein the Authority of the Gloss of Archdiaconus and Geminianus who had deliver'd the same before in their Writings with whom Felinus and other more modern Authors do agree who approve the Council of Constance and maintain the same Opinion Nor is the Power of a Council restrain'd within such narrow limits that immediately upon the creation of a Pope it loses its Authority and can make no Decrees without the consent of the new Pope as Philip Decius imagined who is therefore deservedly censur'd by Charles Molinaeus and Panormitanus further adds That if the Pope dye or be depos'd in the time of a Council that then the power of Election is in the Council and not in the Cardinals alledging this Instance of the Council of Constance in which Martin the Fifth was chosen by the Cardinals and others to whom that Power was delegated by the Council But though this Decree was establish'd at that time in this Council of Constance yet it was afterwards of no force in the Council of Trent in which the Ambition of the Cardinals prevail'd who upon the death of Paul the Third who died in the time of the Council posted from Trent to Rome to create a new Pope But the Council of Constance by vertue of their Supream Authority in the beginning of their Session gave Commission under the Seals of the several Nations to Henry Bishop of Winchester and John Bishop of Litchfield to gather the Moneys due to the Chamber of Rome in England The Election of Martin the Fifth caus'd an incredible joy all over Christendom for every one thought that by this means the Peace of the Church would be re-establish'd The first notice of it in England was given by the Archbishop to the Synod and was presently divulged by Thanksgivings and solemn Processions This Synod was appointed by the Archbishop to be held at London on the 26 th of November upon a Command from the King by Letters out of France Thither came Thomas Bishop of Durham Lord Chancellour of England Thomas Beaufort Duke of Exeter Henry Percy Earl of Northumberland and Ralph Nevil Earl of Westmorland being sent from the Regent John Duke of Bedford to desire of the Clergy a supply of Money for the King who was then carrying on the War successfully in France which being seconded by the Request of the Archbishop they granted two Tenths In this Synod also Robert Gilbert Doctor of Divinity and Warden of Merton College in a long and eloquent Oration having first prais'd the University of Oxford laid before them the miserable Condition of the Students there who after many years spent in the study of the Sciences were not call'd thence to receive any reward of their Labours but were suffer'd to grow old in the University His Example was follow'd by Thomas Kington Doctor of Law and Advocate of the Arches who pleaded the same Cause for the University of Cambridge they both intreated in behalf of both Universities that by a Decree of the Synod some care might be taken to prefer them Whereupon it was decreed That all Livings whose yearly income amounted to sixty Marks should by the Patrons be given only to Doctors of Divinity Law or Physick those that were worth fifty Marks a year only to Licentiates in those Faculties or Batchelors of Divinity and those which did not exceed forty Marks yearly only to Masters of Arts or Batchelors of Law This related to those Benefices to which was annex'd the Cure of Souls The same Order almost was taken in those which are call'd Sinecures according to their respective Values It was further added That this Decree should not extend to those who had taken Degrees by some particular Grace But because it was provided by the Statutes of both Universities that the Students of Divinity should take no Degree in that Faculty till they had commenc'd Masters of Arts and that no Student of Canon Law should be created Doctor except he had studied the Civil Law this Condition was added to the Decree in favour of the Monks and Canon Lawyers that it should not be in force unless those Statutes were repeal'd For which purpose Thomas Felde Dean of Hereford and Thomas Lentwardyn Chancellor of St. Paul's in London were sent by the Synod to Oxford to treat about this Affair with the Masters of Arts by whose Suffrages the University is govern'd This was also signified to the Masters of Arts of Cambridge by Letters from the
the Virgin Mary of St. Thomas of Canterbury and King Edward the Confessor and plac'd in it Eight Chaplains or Fellows Four Clerks Six Choristers and over all these a Master who were to pray for the Souls of the deceased He also built a large Hospital for the maintenance of the Poor of that place both which Foundations he endowed with ample Revenues which were afterwards augmented with great Legacies which his Brothers Robert and William Chichele two Eminent Citizens of London left them in their Wills After his return from his visitation of the Diocess of Lincoln he held a Synod at London on the 12 th of October being sollicited by Letters from the King to demand a supply of Money of the Clergy for the War with France For after the death of Henry the Fifth and Charles the Sixth the Dauphin supposing that the Name of King would be of great advantage to him caus'd himself to be crown'd at Poictiers and took upon him the Title of Charles the Seventh King of France and a great many Princes and Governors of Towns coming in to him who still retain'd an affection for the Name of France he made preparations for War with greater vigour On the other side John Duke of Bedford who by his Brother's Will was appointed Regent of France having contracted a stricter League of amity with Philip Duke of Burgundy by marrying his Sister Ann attack'd the Dauphin in several parts of France and having divided the Forces betwixt himself and Philip Duke of Burgundy he sent Thomas Montacute Earl of Salisbury toward Sens with some choise Troops and desir'd of Humphrey Duke of Glocester Regent of England a fresh Supply of Men and Money Whereupon Henry Bishop of Winchester Lord Chancellor of England John Stafford Bishop of Bath Lord Treasurer Richard Earl of Warwick William Alnewyke Keeper of the Privy Seal Lewis Lord Bourchier and Ralph Lord Cromwell were sent from the Duke of Glocester to the Synod The Bishop of Winchester in a formal Speech having laid before them the present condition of Affairs in France exhorted and intreated them to bestow some part of their Revenues for subduing the remains of the Dauphin's Forces But then it plainly appear'd how much they were all affected with the loss of King Henry the Fifth For whereas they had granted Tenth's so frequently and so readily in former Synods as we have related before they now stuck at the very first demand of the new King thinking that all the hopes of conquering France depended upon Henry the Fifth and that nothing could succeed now he was gone For when the Proctors for the Clergy had debated the Matter several days William Lyndewood was deputed by them to return their Answer which was That the Estates of the Clergy were so drain'd by the continual expences of the War that they were hardly sufficient to maintain them and their Families handsomely that the value of a great many Livings was so fallen that there were not Priests to be sound who would supply the Cures and in short That in the Commissions of all the Proctors for the Clergy the power of granting Tenths was expresly taken away Upon this the Bishop of Winchester went to the Lower House and in a long and pressing Oration besought them to supply the Necessities of the Publick but when he could obtain nothing of them who excus'd themselves upon the narrowness of their Commissions The Synod was adjourn'd by the Archbishop to the 26 th of January following At which time the Bishop of Winchester with the rest of the Lords came thither again and having made a Speech to the Bishops Abbots and Priors of the Vpper House in the Name of the King they granted half a Tenth protesting withal that This Concession should not oblige them unless the Proctors for the Clergy would consent to it for that a division of the two Orders of the Clergy in the matter of granting Tenths being introduced by this Example would be of very pernicious consequence to Posterity But the Lower House persisting stiffly in their former Resolutions were not at all mov'd with the importunate Demands first made by the Bishop of Winchester and afterwards by the Archbishop and the rest of the Bishops Whereupon the Archbishop presently dissolv'd the Synod and appointed another to be held two Months after on the 23 d of April thinking that by the Election of new Proctors the business would be more easily affected When this Synod was assembled the Archbishop first of all commanded the Lower House to chuse their Speaker who is commonly call'd the Prolocutor who pitch'd upon William Lyndewood of which he himself makes mention in his Commentaries After which the Lord Chancellor the Lord Treasurer William Alnewyke Keeper of the Privy Seal the Lord Scrope the Lord Cromwell with some others of the Privy Council came again to the Synod and the Lord Chancellor with his florid Speeches and the rest of the Lords engaging them severally by Flatteries Threats and Promises at length with much ado they obtain'd half a Tenth When this business was over one Robert Hoke and one Thomas Drayton both Priests one of the Diocess of Lincoln and the other of Canterbury were brought before the Synod and accus'd of Heresy It was alledg'd against them That they would not kneel before the Crucifix and that they had in their possession certain Books in which it was said that the Priest could not change the Host in the Sacrament into the Body of Christ that a Monastick Life and Auricular Confession were the Inventions of the Devil and that amongst Christians all things ought to be in common which Opinions they abjur'd publickly at Paul's Cross But the sharpest Accusation was brought against one William Russel of the Order of Minor Fryers for teaching the People in his Sermons That personal Tythes were not commanded by God but that it was lawful for all Christians to bestow them in charitable uses upon the Poor as they pleas'd themselves This extreamly troubled and perplex'd the Clergy who fear that if this Opinion should spread it self among the People they should lose this part of their Income by which the Wealth of their Order would be greatly diminish'd Wherefore he was order'd by the Synod on a day prefix'd to recant out of the Pulpit at Paul's Cross but before the time came he fled out of England whereupon he was pronounc'd contumacious by Edicts set forth against him and afterwards in open Court proclaim'd a Heretick and his Opinion was adjudg'd to be impious by the Decrees of both Vniversities which the University of Oxford presently signified by their Letters to the Archbishop and the Synod which are yet extant Shortly after the Synod being inform'd that he was at Rome sent Messengers to apprehend him and accuse him before the Pope who were allow'd a Farthing in the
Pope in behalf of the Archbishop who had incurr'd his displeasure for opposing the excessive Power of the Court of Rome And indeed it was but reasonable that he who for promoting the common good of all and maintaining the Honour of the Kingdom so little dreaded the Pope's Anger should be defended by the publick Authority But the Bishop of Winchester beside his Title of Cardinal had the power of Legate in England conferr'd upon him by the Pope with a very large Commission or as they commonly term'd it a Faculty which Power he exercis'd with so great Avarice and got together such a prodigious Wealth that he was generally styl'd the Rich Cardinal The Year after this he return'd into England and having open'd his Commission in the presence of Humphry Duke of Glocester the Protector and many of the Bishops and Nobility Richard Caudray who was appointed Proctor for the King by the Duke of Glocester and the Privy Council expresly declar'd That by a particular Prerogative of the Kings of England which they had enjoy'd ever since the memory of man no Legate from the Pope could come into England without the King's leave and therefore if the Cardinal of Winchester by vertue of his Legantine Office should act any thing contrary to this Right of the King 's that he in the King's Name did interpose and disown all his Authority Whereupon the Cardinal promis'd openly before the Duke of Glocester and all that were present that he would not exercise his Office of Legate without the King's leave and that he would act nothing in it that might any ways infringe or derogate from the Rights Immunities and Privileges of the King or Kingdom Now upon his being made Cardinal and Legate he was oblig'd to lay down his Place of Lord Chancellor Laid down the Office of Chancellor as obliged which he did the Year before in the Parliament at Westminster he ought also to have been removed from the Privy Council but in respect of the Nobility of his Birth and his near alliance to the King by a particular favour he was allow'd to keep his Place there except when any But kept his Place in the Council with exception matter was to be debated between the King and the Pope for then it was expresly concluded that he should not be present which Limitation was confirm'd y Rot. Parliam ann 8 H. 6. the next Year by Act of Parliament and order'd to be entred in the Journals of the Privy Council Now the chief Reason that mov'd the Pope to create the Bishop of Winchester a Cardinal was that he might employ him in the War that he design'd The Pope rais'd imm against the Bohemians Who had pull'd down the Monasteries c. against the Bohemians who having embrac'd the Doctrine of Wickliff had pull'd down the Monasteries and Images and having abolished almost all the Rites and Ceremonies of the Romish Church had openly revolted from the Government of the Pope He therefore The Cardinal made General in the Bohemian War c. made him his General in the Bohemain War and appointed him Legate in Hungary Bohemia and all Germany with a far larger Commission by which He could pardon Rapes on Nuns c. he was impower'd to pardon Rapes committed upon Nuns to dispense with Marriages contracted within the fourth degree of Consanguinity with the Age of Persons to be admitted to Orders and Benefices with Interdicts and many other things which were contrary to the Constitutions of the Canon Law He was to demand a Tenth of the English Clergy for the War he was also order'd to demand a Tenth of the English Clergy for the Service of this War For this cause the Archbishop being sollicited by the Pope's Bull and being also press'd by Letters from the King to consider of raising Money for carrying on the War in France call'd a Synod at London which began on the 5 th of July In their first Session at the request of the Archbishop of York Lord Chancellor and Walter Hungerford Lord Treasurer they granted the King half In the next Synod half a Tenth is given the King a Tenth The Synod was afterwards prorogu'd by reason of the excessive heat of the Summer to St. Martin's day in November following and then again to the 29 th of October the next Year at which time the Archbishop of York was sent to them again from the King together with the Duke of Norfolk the Earls of Warwick Stafford and Salisbury th e Lords Cromwell Tiptoft and Hungerford at whose desire a Tenth and a half And in another a Tenth and an half was granted and solemn Processions were order'd to be made for the success of the Duke of Bedford who went on Duke of Bedford had besieg'd Orleans prosperously and had now besieg'd Orleans a noble City upon the River Loyre These Concessions of Tenths which were granted so readily by the z 8 H. 6. c. 1. Synod were rewarded by an Act made in the Parliament holden at this time at Westminster by which The same Priviledge was granted to the Clergy which the Members of the House of Commons do enjoy when they are chosen to serve in Parliament For those Grants the Members of the Synod c. were freed from Arrests which was that neither they nor their Servants should be arrested while they were assembled in Convocation nor in their journy thither But Conzo Zuolanus the Pope's Nuntio came often to the Synod and pleaded in behalf of the Pope but to no purpose The Pope's Nuntio prevail'd not in the Synod When he could not obtain of them a Supply for the War with the Bohemians which he had sollicited in a long and pressing Oration he produc'd the For shewing his Letters for a Tenth Pope's Letters before the Synod in which he signified that he had impos'd a Tenth upon the Kingdom of England for the support of the Bohemian War which so incensed the whole Synod that they absolutely denied to grant a Tenth However at the importunity of the Pope He was denied but got 8 d. per Mark from Livings With a Salvâ praerogativâ Regiâ they gave him Eight pence in every Mark out of all Benefices according to their respective values provided that this grant were not contrary to the King's Prerogative and the Laws of the Land After this John Jourdelay John Galle Robert Heggley Ralph Mungyn Thomas Garenter all men in Orders with several others were brought before the Synod who were accus'd of Heresy for holding divers corrupt Opinions concerning the Sacrament of the Altar the Adoration of Images Religious Pilgrimages and the Invocation of Saints for maintaining that the Pope was Antichrist and not God's Heresy in holding the Pope to be Antichrist c. Vicegerent that the Divine Oracles were contain'd only in the Scriptures and not in the Legends or Lives of the
consults Lower House to consult and determine whether the Pope might dissolve a General Council at his own pleasure and And what Pope they should obey if another be set up in case the Fathers at Basil should depose Eugenius and set up another Pope which of them they ought to obey To which Questions some days after Thomas Bekyngton Official of the Archbishop's Court answer'd in the name of Alledged 1 st that the Pope might dissolve a Council and if another be set up the Synod is to obey Eugenius the rest That the Pope by his sole command might dissolve a Council and that they were not to withdraw their Obedience from Eugenius though another Pope should be created at Basil For the Affections of a great many People in England began some time ago to be alienated from the Fathers at Basil upon the account of By which they resent a Decree made at Basil transferring Votes from the Nations to a few Delegates a Decree made by them which took away the Custom of voting by the Suffrages of every Nation and referr'd all things to the determination of some particular Delegates whereupon the English Representatives then at Basil Thomas Bishop of Worcester William Prior of Norwich Thomas Brown Dean of Salisbury Peter Patrick Chancellor and Robert Borton Precentor of Lincoln John Sarysbury Doctor of Divinity and John Symondisborough Licentiate in the Canon Law protested against it which was also done at the same time here in Which was protested against on the place England by William Lyndewood Proctor for the King who repeated a set form of Appeal in which he protested against the Decree as unjust for that this way of voting might hereafter be prejudicial to the King and the Rights of the Clergy and Parliament After this the Archbishop consulted with the Synod about nominating more Eight new Delegates nominated Delegates because several of those that were sent before were dead at Basil and eight Doctors of Divinity and both Laws were chosen who were to be sent to Basil provided the Fathers would admit them without imposing upon them any new Oath At this time our Affairs in France declin'd daily by the revolt of the chief Cities to King Charles who had been lately crown'd at Rhemes with great solemnity King Charles crown'd at Rhemes for which cause the Duke of Bedford who was lately come into England and his Brother the Duke of Glocester thought it expedient to raise a A new Army against France designed new Army here in England and John Stafford Bishop of Bath Lord Chancellor the Earls of Warwick and Salisbury the Lord Treasurer Cromwell and the Lords Scrope and Tiptoft were sent to the Synod Money desired of the Synod to desire Money of them The Chancellor in an elegant Speech laid before them the miserable state of Affairs in France and the poverty of the Exchequer and brought them to supply the Necessities of the King and Kingdom After a denial At first they absolutely refus'd to grant any Supply alledging that the Wealth of the Clergy was exhausted by their advancing Money continually for the use of the War by the Rapines of the King's Purveyors and by unjust Citations to the King's Courts But some other Lords soon after coming to them as the Earl of Huntington the Lords Hungerford Audly and Cornwallis who urg'd again the same Reasons and reckon'd up the extraordinary Benefits conferr'd on the Church by the Kings of England they They gave three quarters of a Tenth at length obtain'd three quarters of a Tenth For at that time the Clergy complain'd grievously of the unjust proceeding of the King's Judges and the The Grievances of the Church at that time common Lawyers That Priests against all Law and Equity were brought to their Secular Courts that the Power of the Ecclesiastical Judges was restrain'd by their unjust Prohibitions and particularly that by a fraudulent interpretation they wrested a strict Law of Richard the Second against Provisors and turn'd it upon those Persons who were Judges in the Spiritual Courts of those Causes which they pretended to belong to their Jurisdiction For which cause the Archbishop held another Synod at London the next Year on the 7 th of October where in a pathetical Speech he express'd how solicitous he was that the The Archbishop zealous to rescue her from the Oppressions of the Lawyers Church might receive no prejudice under his Government that it might be deliver'd from the illegal Oppressions of the Lawyers and restor'd to its ancient dignity and commanded them all to consider what measures were to be taken to ease the Clergy of the weight of these Oppressions But the Plague breaking out in the City the By reason of the Plague the Synod dissolved Synod was quickly dissolv'd having only appointed a Holiday to be kept in honour of S. Frideswide the Protectress of the Vniversity of Oxford and denounc'd excommunication against any one that should detract from the Privileges and Jurisdiction of the Church After this the Archbishop applied himself industriously to the Government of his Province and call'd never another Synod in three Years till the Necessities of the Exchequer call d upon the Clergy for a Supply to maintain the Charges of the War with France The Duke of Burgundy revolts to the French and Bedford dies The former occasion'd The revolt of the Duke of Burgundy to the French and the death of the Duke of Bedford which hapned the next Year gave a terrible blow to our Affairs in France For about that time by the mediation of Pope Eugenius and the Council of Basil Commissioners from our King from Charles King of France and the The ill success of the Treaty at Arras Duke of Burgundy met at Arras in order to treat of a Peace But the English and French not agreeing by reason of the extravagant Conditions demanded on either side the Burgundians at last went over to the French and soon after the Duke of Bedford fell sick and died whose death soon caus'd a great alteration in the posture of Affairs For the The English driven out of Paris c. next Year the People of Paris conspir'd privately together and drove the English out of the City and many other Towns being stirr'd up by their example and in a manner all the People of France as if they were impell'd by a And generally the French surrender'd to Charles fatal necessity surrender'd themselves to King Charles Wherefore to preserve the remains of our Dominion in France the Duke of Glocester with a great Army and a gallant Fleet sail'd over to Calais which A new English Army set sail for Calais was then besieg'd by the Duke of Burgundy and the King by Letters to the Archbishop of Canterbury press'd him to move the Clergy for a supply of Money for levying more men who having assembled the Bishops and Prelates of his Province at
Pound out of all Ecclesiastical Preferments The Examination of this Matter being referr'd by the Pope to Branda Cardinal of Placenza he was condemn'd to perpetual Imprisonment unless he repented of his Error but afterwards escaping out of Prison he return'd into England and having preach'd a Sermon at Paul's Cross he abjur'd his Error with a formal Oath The Archbishop also by his Mandate enjoin'd the Franciscans that as often as they preach'd to the People they should teach them that personal Tythes were commanded to be paid both by the Laws of God and the Constitutions of the Holy Fathers The same Year after the Synod was ended the Archbishop by his Prudence dispell'd a dreadful Storm that threatned the Kingdom which was rais'd by the Dissentions of the Nobility For Henry Beaufort Son to John Duke of Lancaster by Catharine Swinford his third Wife being puff d up with the nobility of his Birth and the great Wealth which he had got together out of the Bishoprick of Winchester and not brooking the Rule of Humphry Duke of Glocester the Lord Protector he began to maintain an open enemity against him the Quarrel being afterwards more enflam'd on both Sides and many of the Nobility and others engaging in either Party they both went Arm'd and attended with their Servants and Adherents and a great number of Profligate and Seditious Persons wearing Arms by their Example went about the Streets of London and their Number was so great that the Citizens shut up their Shops and left off their Trades and were forc'd to keep Guard Day and Night in all the Streets of the City to repress the Insolence of these Mutineers Upon this the Archbishop accompanied with Peter Duke of Conimbra Son to the King of Portugal who was lately come into England to visit the King his Cousin rid through the City eight times in one Day betwixt the Duke's and the Bishop's Palaces and prevail'd so far upon them both by his Authority and Intreaties that they laid down their Arms and Matters were compos'd for a time But the Bishop though he had quitted his Arms had not yet relinquish'd his Hatred for soon after by Letters sent into France to the Duke of Bedford he accus'd the Duke of Glocester desiring the Duke of Bedford to come over into England with all speed if he tender'd the Safety of the King and the Peace of the Kingdom which otherwise must of necessity be involv'd in Blood and the devastations of a Civil War The Duke though the War went on succesfully in France by the surrender of a great many strong Towns and the defeat of a great Army of the French in a pitcht Battel at Vernoil yet esteeming the success of Affairs in France to depend upon the Peace of England immediately upon the receit of these Letters he committed the Administration of his Office to Thomas Beauchamp Earl of Warwick and came with all speed into England in the beginning of the Year 1426. and having call'd a Parliament at Leicester he examin'd the Quarrel between his Brother and the Bishop When they had both shew'd the causes of their discontent and from arguing began to break out into greater heats at the Duke of Bedford's entreaty they agreed to refer all Differences on both Sides to the determination of Arbitrators of whom Henry Archbishop of Canterbury was nam'd first after him Thomas Duke of Exeter John Duke of Norfolk Thomas Bishop of Durham Philip Bishop of Winchester John Bishop of Bath Humphry Earl of Stafford William Alnewyke Keeper of the Privy Seal and Ralph Cromwell who order'd them to join hands and in a set form of words to be repeated by them both to forgive all Injuries on both Sides and be friends with one another which Reconciliation was confirm'd by the Votes of the whole Parliament In this Session a supply of Money was granted for levying Soldiers for which end also about this time the Archbishop assembled a Synod at London on the 15 th of April Thither came John Kempe Archbishop of York and Lord Chancellor of England with Walter Hungerford Lord Treasurer and the Lord Chancellor having extoll'd the great pains and diligence of the Duke of Bedford in an Eloquent Oration the Synod granted the King half a Tenth The Bishop of Winchester who was created Cardinal thsi Year by Pope Martin the next Year went over with the Duke of Bedford into France and at Calais in the great Church of that Place he put on the Cap and other Ensigns of that Dignity with great solemnity on Candlemas-day He had sought this Honor with great earnestnss eight years before in the time of King Henry the Fifth and had obtain'd a Promise of it of Pope John the Twenty third who design'd to promote him very speedily and to appoint him his Legate à latere in England with a very large Authority But the Archbishop perceiving his Ambition at that time interpos'd with the King who was then in France by Letters which he wrote to him in a grave and modest style in which he shew'd That the Power of the Pope's Legates did derogate very much from the Dignity of the King from the Laws of the Land and from the Privileges of the Church of England A Copy of this Letter the Original of which is yet to be seen written with the Archbishop's own Hand we have here subjoin'd Sovereyn Lord as your humble Prest and debout Bedeman I recommand me to your Hygnesse desyreing evermore to heare and knowe of your gracious speed he le of body and of soule also my Lordys your brethren and all your royal hoste And as hertly as I can or may thanke Almightie God and Lord of all strengths and hostes that so graciously hath continued his mygty hond upon you sythen the time of your beginning hedirtoward into your most worship your Leige menys most hertly gladnesse and abating of the hy pride of your enemies And besech God both day and night with all your subgetts both spirituel and temporel so continue his hy Grace upon you and yowre that the mow come to the effect of your hy labor pees of both your regmes after your hertly desires Gracious Lord like it to remember you that be your moost worthie letters written at your towne of Caen rrb. day of September you charged me that be the abys of my Lord your brother of Bedford and of your Chaunceler sholde be ordeygned that all maner of men of your subgets wat astaat or condicion that thei were should abstyne letter of wrytes or pursuit making to the Pope after his election till the time that he have writen to you and ye againe to him as it hath be acustumed of honeste of your lond for the which cause neither I nor non odir man as ferforth as it may be knowe hath yit written nor sent ne no leve hath of passage to the
first to be sworn to the Infallible Chair Ib. The Pall denoting full power over the other Bishops 41 Delivered him in the King's Palace of Sutton 42 Where he took the Oath of Obedience Ib. The Pope gave the Church but the King could only give the Land 43 Which was done after renouncing of the Clauses derogatory to the King's Power Ib. For his Patent he paid Six hundred Marks 44 Secur'd the Church from the Envy of the two Houses Ib. Being formerly voted to supply King Henry the Fourth by the Church's Wealth Ib. Whilst the Church paid Tenths oftener than the Laity did Fifteenths c. 45 Which Consideration but chiefly the Intercession of his Predecessor with the King had then averted the storm Ib. Another Address of the Commons against the Clergy Ib. Which was design'd as the then Bishop alledg'd for the enriching themselves 46 King of France said he has not a Noble now of the Revenues of the Monasteris that were brought to the Exchequer Ib. The Petition rejected Ib. Henry the Fourth averse to Wickliff's Doctrine abetted by the Petitioners 47 In Henry the Fifth's time the Address renew'd Ib. To avoid which the Clergy resolv'd to give the King Money for a War with France Ib. For which a Synod is call'd at London 48 The Title of the Kings of England to France Ib. Claim'd by Edward the Third Ib. Whose Competitor was Philip de Valois Ib. King Edward claiming by 's Mother rejected under pretence of the Salick Law assumed the Title 49 Successfully invaded France and entail'd the Quarrel Ib. Richard the Second waved the Quarrel Ib. Henry the Fourth was diverted by Intestine Commotions Ib. But the happy Juncture was in Henry the Fifth's time Ib. As Chichele thought for a more glorious Diversion Ib. His Speech to the King for that purpose 50 Accommodates himself to the King 's Heroic Temper Ib. Thinks France no less than the Envy of the World 51 Represents the King's Right Ib. And insinuates the Injuries done his French Provinces Ib. The Salick Law an Obtrusion 52 And a Cheat to debar the Female-Line Ib. Not made by Pharamond as pretended Ib. Put Four hundred years after him and in Germany 53 If it obliges the French it relates to private Inheritances only for Ib. In dispute one French King never us'd it against another for Ib. Pepin claimed by a Female 54 And so did Hugh Capet Ib. And by the like Lewis the Tenth confirm'd his Right Ib. This Law made a Bugbear to Foreigners contemned by themselves 55 'T is contrary to the Civil Law and Ib. The Constitutions of most Nations Ib. And to the Divine Law 56 Jesus Christ the Lawful Heir by his Mother of the Jewish Kingdom Ib. The French rather deny the Bible than submit to a Foreign Prince 57 The Salick Law literally excludes not the Sons of Females 58 And is to be taken in the most favourable sense 60 The Archbishop asserts the King's Call as well as Right to France Ib. With other great Encouragements to the Expedition Ib. Success a Good Sign in the Vertuous and Brave 61 But the Earl of Westmorland advises a War with the Scots Ib. From the Roman Example to begin with the lesser Enemy Ib. And the readiness of Provisions for the latter 62 With the easiness of the Victory Ib. The justice and necessity of the War Ib. The Earl Answered by Jo. Duke of Exeter 63 That the Scot's Strength lying in the French ought to be first attaqued Ib. France once conquer'd the Scots will be helpless Ib. Advised to hinder the Scots Attempts in the King's absence Ib. Which Opinion highly applauded Ib. And War with France was the Cry of the House 64 The Archbishop's renowned for the wisdom of his Counsel 65 The King provides an Army and Navy Ib. Sends Ambassadors to demand France Ib. The Army's Rendezvouz at Southampton 66 The French Ambassadors in Answer offer the French King's Daughter in Marriage Ib. Their Conditions not thought honourable by the King The Archbishop s more full Answer 67 That the French King had not answered King Henry's Demand Ib. Who insisted only on the Dominions his Ancestors had enjoyed 68 Which Answer the King confirms Ib. The French Ambassadors remanded Ib. The King sets sail 69 Takes Harflew Ib. Defeats the French at Agincourt Ib. Of whom Ten thousand are slain Ib. And many Noble Prisoners Ib. In the King's absence the Archbishop arms the Clergy in Kent Ib. Calls a Synod 70 In which two Tenths are granted for the War Ib. Another Synod 71 Christendom divided between Three Popes Ib. By two of whom the Council of Pisa refused Ib. A General Council appointed by the Third Ib. The Archbishop appears at Constance by Proxy 72 Their Charges 2 d. per l. out of the Clergy's Revenues Ib. The Emperor comes to England as Mediator 73 Whereupon the Delegates are press'd to Constance Ib. Where a Decree pass'd about Wills and Administration Ib. That 5 s. shall be paid for a Probate Ib. And that the Clergy shall bring in the Tenth six Months sooner Ib. The Mediation in vain between the Two Kingdoms 74 Harfleu being besieg'd and Four hundred English slain by the French Ib. Wherefore the King sends his Brother the Duke of Bedford to Normandy Ib. Presents the Emperor with the Garter Ib. And conducts him to Calais Ib. The Emperor goes to Constance Ib. The Archbishop goes to France 75 Ambassadors from the French to King Henry at Calais Ib. Who returning got a Supply from the Parliament Ib. And Two Tenths from the Synod 76 The King setting sail left the Duke of Bedford Vicegerent Ib. The Archbishop interdicts the Church of St. Dunstans 77 Excommunicates the Criminals viz. Ib. Lord Strange Lady and Servants Ib. The two former with Tapers and all in their Shirts and Drawers only did processional Pennance from St. Paul's to St. Dunstan's for purification of which the Lady fill'd the Vessels with water 77 78 At Constance they dispute about a new Pope Ib. And against John Wickliff Ib. By whom the Seeds of sound Doctrine had been dispersed Ib. Particularly among the Bohemians Ib. Wickliff pronounc'd Heretick 79 And decreed that his Bones be taken up and burnt Ib. And his Followers be prosecuted as Hereticks Ib. John Huss and Jerom of Prague condemn'd to Flames Ib. Whose death made the Emperor and Council infamous Ib. The publick Faith being shamefully violated the Bohemians revenge it Ib. The Council decreed Faith is not to be kept with Hereticks 80 Of which the Papists ashamed kept it to Luther and others Ib. Pope John the Twenty third charg'd for not leaving the Papacy 81 And accused before the Council of Adultery Incest Witchcraft c. Ib. Gregory by Proxy resign's the Chair as did also Benedict 82 At Constance a Council is decreed superior to the Pope Ib. Five Nations compos'd the Council Ib. Martin V th elected Pope 83 The Decree of the Council's Power repeal'd by Leo the Tenth Ib. A Council
Sons of Females a L. Si ex patronis 10. sect Julianus ff de bonis libert l. Divi fratres 17. ff de jure patr l. 1. sect si filius ff de suis legit haered l. cum dotem 57 ff ad leg Falcid l. 2. sect nullum ff de decurion l. in servitutem 16. sect si patroni filius ff de bonis libert l. si vellem 4. sect si deportatus ff eod tit l. 1. sect filium ff de bon poss contr tab b Sect. néque Authent de trient sereniss d. l. maximum vitium c. de liber praeter Bald. ad l. 2. n. 7. c. quae sit long consuet Bald. ad l. si defunctus n. 8. C. de suis legit Anchor ad c. Canonum statuta n. 311. de Constit Alex. Cons 16. vol. 1. Bart. ad l. cunctos populos n. 33. C. de sum Trinit c L. Curials C. de praed decur lib. 10 l. filius fam 7. sect sed meminisse ff de donat l. maritum 42. ff sol matr l. si vero 64. sect si vero ff eod d L. Si ita scriptum 45. in princ ff de leg 2. Rebuff ad l. 1. ff de verb. sign e L. Prospexit 12. sect 1. ff qui à quib manum l. commodissim 10. ff de lib. posthum l. si cum dotem 22. in princ ff sol matr And is to be taken in the most favourable sense The Archbishop asserts the King's Call as well as Right to France f C. Statutum 22. de Elect. in 6. With other great Encouragements to the Expedition Success a Good Sign in the Vertuous and Brave But the Earl of Westmorland advises a War with the Scots From the Roman Example to begin with the lesser Enemy And the readiness of Provisions for the latter With the easiness of the Victory The justice and necessary of the War The Earl Answered by Jo. Duke of Exeter That the Scot's Strength lying in the French ought to be first attaqued France once conquer'd the Scots will be helpless Advised to hinder the Scots Attempts in the King's absence Which Opinion highly applauded And War with France was the Cry of the House The Archbishop's renowned for the wisdom of his Counsel The King provides Army and Navy Sends Ambassadors to demand France The Army's Rendezvouz at Southampton The French Ambassadors in Answer offer the French King's Daughter in Marriage Their Conditions not thought honourable by the King The Archbishop's more full Answer That the French King had not answered King Henry's Demand Who insisted only on the Dominions his Ancestors had enjoyed Which Answer the King confirms The French Ambassadors remanded The King sets sail Takes Harflew Deseats the French at Agincourt Of whom Ten thousand are slain g Paul Aemyl in Carol. 6. And many Noble Prisoners In the King's absence the Archbishop arms the Clergy in Kent Calls a Synod ☞ In which two Tenths are granted for the War h C. Ineffabilis de feriis Lyndw. Another Synod Christendom divided between Three Popes By two of whom the Council of Pisa refused A General Council appointed by the Third The Archbishop appears at Constance by Proxy Their Charges 2 d. per l. out of the Clergy's Revenues The Emperor comes to England as Mediator Whereupon the Delegates are press'd to Constance Where a Decree pass'd about Wills and Administration That 5 s. shall be paid for a Probate And that the Clergy shall bring in the Tenth six Months sooner The Mediation in vain between the Two Kingdoms Harfleu being besieg'd and Four hundred English slain by the French Wherefore the King sends his Brother the Duke of Bedford to Normandy Presents the Emperor with the Garter And conducts him to Calais The Emperor goes to Constance The Archbishop goes to France Ambassadors from the French to King Henry at Calais Who returning got a Supply from the Parliament And Two Tenths from the Synod i C. Anglicanae de feriis The King setting sail left the Duke of Bedford Vicegerent The Archbishop interdicts the Church of St. Dunstans Excommunicates the Criminals viz. Lord Strange Lady and Servants The two former with Tapers and all in their Shirts and Drawers only did processional Pennance from St. Paul's to St. Dunstan's for purification of which The Lady fill'd the Vessels with water At Constance they dispute about a new Pope And against John Wickliff By whom the Seeds of sound Doctrine had been dispersed Particularly among the Bohemians Wickliff pronounc'd Heretick And decreed that his Bones be taken up and burnt And his Followers be prosecuted as Hereticks John Huss and Jerom of Prague condemn'd to Flames Whose death made the Emperor and Council infamous The publick Faith being shamefully violated The Bohemians revenge it The Council decreed Faith is not to be kept with Hereticks k Concil Const Sess 15. l Mar. Salomon ad l 2. sect exactis ff de orig jur Petr. Plac. lib. 1. Epit. delict c. 37. n Menoch lib. 2. de Arbit Jud. Cent. 4. Cas 336. Farrinac in prac Crim. tit de carcerib carcerat q. 20. Menoch Cons 100. Of which the Papists ashamed kept it to Luther and others o Bodin lib 5. de repub cap. 6. p Petr. Aerod de ord Judic par 4. n. 15. Pope John the Twenty third charg'd for not leaving the Papacy And accused before the Council of Adultery Incest Witchcraft c. Gregory by Proxy resigns the Chair as did also Benedict ☞ q Sess 4 5. At Constance a Council is decreed superior to the Pope Five Nations compos'd the Council Martin the elected Pope r Sess 12. The D cree of the Council's Power repeal'd by Leo the Tenth s Canonist ad c. si Papa Dist 40. c. significasti de elect t Bellarm. lib. 2. de Concil Author cap. 14. Sander lib. 7. de visib monar u Ancharan Cons 181. x Bald. ad c. olim n. 32. de rescript y Abb. ad c. quia diligentia n. 2. de Elect. ad c. significasti n. 4. eod tit ad c. fraternitatis n. 1. 2. de haeret z Gl. ad c. si Papa dist 40. a Archidiac Gemin ad c. in fidei favorem de haeret in 6. b Felin ad c. super literis n. 21. de rescript Dec. in Consil pro Authoritate Concilii supra Papam late Cardinal Jacobat lib. 3. de Concil art 1. n. 11. Jo. Royas de haeret n. 18. A Council not to be restrain'd by a new Pope c Decius ad c. Osius n. 2. de Elect. d In notis ad Decium ded c. Osius e Abb. ad c. licet de vitanda n. 8. de elect And that on the Pope's death a new Election belongs to the Council f Sess 19. Yet during that of Trent the Cardinals chose Paul the Third g Thuâ—n lib. 4. histor That of Constance gave order about the Money due by England to Rome The Election of Pope Martin was mightily liked London Synod grants