upon the death of Thomas Arundel fell to the Exchequer were by a particular favour granted him by a Patent under the Great Seal after he had paid Six hundred Marks He came to Leicester upon the account of the Parliament which the King had call'd there that he might consult with his Prelates Lords and Commons about making new Laws raising Money and the State of the Kingdom in general In this Parliament the Archbishop by his great Wisdom averted a terrible Storm from the Church which was rais'd against it by the envy of the Nobility and Commonalty at the Wealth of the Prelates which had shewed it self at several times during the Reign of Henry the Fourth but now seem'd to threaten them more nearly in this new Government For ten years before this in a Parliament holden at Coventry in the Year 1404. when King Henry the Fourth demanded Money of them for his Wars with the Scots the Welsh the Bretons the Flemings and the French the House of Commons replied that there was no other way of supplying the necessities of the Publick but by diminishing the excessive Wealth of the Clergy and that such was the Condition of the People of England that they not only advanc'd Money continually for the Service of the War but also expos'd their persons to the common Enemy while the Clergy staid at home and neither serv'd their Country with their Persons nor their Estates To this Thomas Arundel Archbishop of Canterbury briskly replied That the Clergy granted Tenths oftner than the Laity did Fifteenths and that more of their Tenants and Domesticks serv'd in the Wars than of those of the Nobility beside their Prayers which they pour'd out to God day and night for the prosperity of the Kingdom And presently turning himself to the King he fell upon his Knees and besought him that he would be mindful of his Oath by which he had solemnly promis'd before God and Man to preserve the Rights and Privileges of the Church entire and unviolated by which and by engaging those of the Nobility whom he thought to favour his Cause he prevail'd so far that the Demands of the Commons were thrown out by a publick Act. Six years after this in another Parliament holden by Henry the Fourth at Westminster the Commons in an Address presented to the King set forth that the Revenues of the Prelates and Monks which they consumed in Debauchery and Excess were sufficient to supply the Necessities of the King and Kingdom that out of them might be maintain'd Fifteen Earls Fifteen hundred Knights Six thousand two hundred Esquires and One hundred Hospitals and therefore they besought the King that he would seise them into his own hands and out of them would defray the necessary Expences of the Kingdom To which Thomas Archbishop of Canterbury again replied That the Commons did not desire the Lands of the Clergy to enrich the Exchequer but to repair their own Fortunes which were wasted by their Prodigality out of the rich Spoils of the Church as it had formerly happened to the Monasteries in France which in the Wars between the English and the French were brought into the Treasury out of which said he the King has not now so much as a Noble left At that time also the King rejected the Petition of the Commons whether it were that he fear'd an eternal Infamy would attend him if he should rob the Church or because he thought that the Promoters of this Design were secret Favourers of the Doctrine of John Wickliff to which he had always a great aversion From that time during the Reign of Henry the Fourth there was nothing attempted against the Church But in this Parliament at Leicester the House of Commons in an Address petition'd the new King that their demands against the Clergy which were represented four years ago might be taken into consideration again and voted in both Houses The Archbishop was extremely troubled at this for he was very sollicitous that the Church should receive no prejudice under his Government his greatest fear arose from the consideration of the King's Youth which is generally bent upon hasty Designs and Innovations Having therefore communicated this Affair to the Bishops it was determin'd by them that the Clergy should offer the King a great Sum of Money and excite him to make war with the French and to assert his Title to that Crown which falling to Edward the Second by Marriage was by him transmitted to his Successors Most of the Writers of that Age relate that the Archbishop upon this occasion presently call'd a Synod at London yet none of their Decrees are now to be found among the publick Records Now our Kings claim'd the Crown of France by this Title Charles the Fair King of France who was the only surviving Male-Heir of the Line of Philip the Fair his Father dying without Issue Edward the Third King of England Son to Edward the Second by Isabella Daughter of Philip the Fair by his Ambassadors demanded the Crown of France of the Estates of that Kingdom as next of kin to Philip the Fair his Mother's Father and Charles his Unkle On the other side Philip de Valois Son to Charles de Valois who was Brother to Philip the Fair maintained that he was next Heir by right of Succession as Cousin German to the late King Charles the Fair whereas Edward claim'd only in right of his Mother as being Grandson to Philip the Fair by his Daughter and Nephew to Charles the Fair by his Sister which Claim was contrary to the Laws and Constitutions of France by which the Crown is to descend upon the Male-line only alledging the words of the Salick Law that no Woman should inherit in Salick Land which Salick Land he affirm'd to be the Kingdom of France The French therefore rejected King Edward's Claim and acknowledg'd Philip for their King whereupon Edward presently assum'd the Title of King of France which our Kings have us'd ever since and having invaded France successfully he left the Quarrel entail'd upon his Successors together with the Crown of England After him Richard the Second a weak Prince desisted wholly from the War with the French and Henry the Fourth though he were a Valiant Prince yet being taken up partly with the Rebellions of the Welch and partly with the Intestine Divisions of his own Nobility he could not employ the whole Force of the Kingdom against them But in Henry the Fifth all opportunities concurr'd for carrying on the War a vigorous Age a great Courage Riches and Peace at home Beside which the Archbishop was of opinion that the fierce and restless Disposition of the Young King ought to be employ'd in some difficult Enterprize and that the only way to keep him from making any Disturbances at home was to shew him an Enemy abroad as there is no other way to stop the fury of
There had been begun some time ago at Oxford by the Munificence chiefly of the Duke of Glocester a lofty and magnificent Structure the upper part of which was design'd for a Library and the lower for the publick Divinity Laid out a great Sum on the Structure begun by the Duke of Glocester Schools To this Work the Archbishop gave a great Sum of Money himself and was very earnest in solliciting all the Bishops and Peers who came to the Parliament at Westminster to contribute something toward it all which is gratefully acknowledg'd by the University in their t Epist Acad. Oxon. 26. Letters to him And Two hundred Marks to the publick Chest of the University He also gave Two hundred Marks to the publick Chest of the University which he order'd to be kept by three Masters of Arts two Regents and one Non-regent who were to be chosen yearly and were bound by an Oath to the faithful discharge of that Trust out With the Method of its disposal of which the University might borrow for the publick use Five Pounds every particular College Five Marks a Master of Arts Forty Shillings a Licentiate or Batchelour Two Marks and an Undergraduate One with this Condition That every one should deposite a sufficient Pawn which if the Money were not repaid within a Month was to be forfeited Besides the Decree mentioned concerning graduated Dignitaries He also did the University a signal piece of service by that Decree which we mention'd before concerning the bestowing Benefices upon those only that had taken Degrees which was made by the Synod at his intercession For they esteem'd it as a singular kindness and often u Epist Acad. Oxon 1. 124 125 143 144. in Archiu return'd him thanks upon this account with the highest expressions of gratitude for before this Constitution was made Men though they had attain'd to the knowledge of all Sciences spent their whole Life in the University These and many other Favours conferr'd by him upon the University are honourably mention'd by them in their Letters and that the memory of them might remain for ever it was ordain'd by a x Stat. cist Chich in Archiv publick Decree that his Name should be register'd His Name decreed to be Registred among the Benefactors of Oxford University among their Benefactors and read every Year in the Publick Schools by the Chaplain of the University and that a solemn Mass should be said for him on the Anniversary of his Death All this was justly due to him who had increas'd the glory of the University by Having founded two Colleges c. the soundation of two Colleges and by so many publick Benefactions beside his private Charities to many poor Students to whom he allow'd yearly Stipends as appears out of his private Accounts He adorned the Cathedral of Canterbury Repaired Christ's Church there building and furnishing a Library c. Beside this he very much adorn'd his Cathedral Church of Canterbury he there laid out a great deal of Money in repairing Christ's Church and building a Library and Steeple he also gave a great many Jewels and Ornaments to that Church and furnish'd the Library with many valuable Books in all kinds of Learning which are all reckon'd up in a publick Instrument made by the Prior and Monks of Canterbury and describ'd among the publick Acts of that Church in which they promise on their part that his Body should be laid in the Tomb that he had caus'd to be built on the North side of the Chancel and that no one beside should ever be buried in that place which they and their Successors would take care to see perform'd He also gave very liberally toward Gave liberally towards the building of Croydon Church and Rochester Bridge the building of Croydon Church and Rochester Bridge I omit the rest of his Benefactions lest the enumeration of every smaller Deed of Charity should seem to detract from the glory of his more Illustrious Actions Thus having left the Monuments of his Piety and Liberality in all Places being worn out with Age he departed this Life on the 12 th of April in the His Death Apr. 12. 1443. and magnificent Burial Year 1443. His Body was laid in the Tomb which he had built himself as we said before in the upper part of which is his Statue very handsomly cut in White Marble and on the side of it this Epitaph is written Hic jacet HENRICUS CHICHELE Legum Doctor quondam Cancellarius Sarum qui anno septimo Henrici IV. Regis ad Gregorium Papam XII in ambasciata transmissus in civitate Senensi per manus ejusdem Papae in Menevensem Episcopum consecratus est Hic etiam Henricus anno secundo Henrici quinti Regis in hac sancta Ecclesia in Archiepiscopum postulatus à Joanne Papa XXIII ad eandem translatus est qui obiit anno Domini millesimo quadringentesimo quadragesimo tertio mensis Aprilis die XII Here lies HENRY CHICHELE Doctor of Laws and sometime Chancellor of Salisbury who in the Seventh Year of King Henry the Fourth was sent Ambassador to Pope Gregory the XIIth and was consecrated Bishop of S. David's by the hands of the Pope in the City of Siena The said Henry in the Second Year of King Henry the Fifth was demanded for Archbishop in this Holy Church and translated to it by Pope John the Twenty third He died in the Year of our Lord 1443. on the 12 th of April Soon after which a Fatal Change in England Soon after his death follow'd a very deplorable Turn in the State of this Kingdom For Queen Margaret a Woman of a Masculine Spirit by the assistance and Counsels of William Pole Duke of Suffolk got the Government of the King and the whole management Which came to be governed by Queen Margaret Whence the Kingdom was divided and the People oppressed The French also under a Female Revolt to King Charles Normandy then Aquitain lost after 300 years possession of the Kingdom into her own hands upon which the Nobility was divided into Factions and drew along with them the rest of the People who were oppress'd with Exactions The French also who were under the English Dominion being encouraged by our Divisions revolted to King Charles and first we lost Normandy and then all Aquitain which we had held ever since the time of King Henry the Second almost Three hundred years The Kingdom was embroil'd in Civil Dissentions within and labour'd under a Foreign War without For the Kentish men under Jack Cade Jack Cade 's Insurrection took Arms and rais'd an Insurrection the French invaded the Coast of Kent on one side and the Scots on the other ravaged the Northern Borders and to compleat all our Miseries the Family The French invade Kent and the Scots the Borders The Civil War from the House of York in which King Henry was imprison'd exil'd depriv'd of Crown and Life by Edward the Fourth Our Chichele's Wisdom supported the Kingdom From the Calamities of which he was by his happy Fate delivered of York took occasion from hence to raise that lamentable Civil War in
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
pass to his Daughter To which Ordinance if any Laws in any Nation whatsoever be found repugnant they are not Laws but Corruptions seeing they depart from that principal Rule of Justice which the great Lawgiver prescrib'd to his own People But setting aside those Women who govern'd that very People and those Kings who inherited that Crown in right of their Mothers we Christians do all acknowledge that Jesus Christ was the lawful Heir of the Jewish Kingdom now they who deny a right of Succession to be deriv'd from the Female Sex do not only oppose his Title but also deprive us of those exceeding great Benefits which God hath promis'd to Mankind through Christ For God having promis'd Abraham that in his Seed all the Nations of the Earth should be blessed because the Messias was to come out of his Family and the Prophets Isaiah and Micah by the inspiration of the Holy Ghost having prophesied many Ages before that Christ should spring out of the Root of Jesse and out of the Family of David and that the Tribe of Juda should be the noblest of all the rest because Christ was to arise out of it who should govern the People of Israel if the right of Succession be taken away from the Female Sex we shall find no truth in these Divine Oracles for Christ being begotten by an Eternal Father could not spring from the Seed of Abraham from the Root of Jesse from the House of David and from the Tribe of Juda but by Inheritance from his Mother But the French chuse rather to destroy the veracity of the Divine Promises than to submit to a Foreign Prince and they that call themselves most Christian do prefer a supposititious Law of Pharamond a Heathen before those sacred Laws given by God himself I would ask the French why they exclude Women from a right of governing whom all other Nations do admit Is it because their Government is so much better than that of all other Nations and even than that of the Jews which was constituted by God himself that only men are capable of administring it or does France which as they say produces the bravest men in the World bring forth the weakest and most despicable Women or did your great Grandfather's Mother Isabella commit some heinous Crime for which she a King's Daughter and Sister to Kings deserv'd to be depriv'd of the Crown But though we should grant them all this yet seeing they have formerly rejected your great Grandfather King Edward and do now disclaim any Authority that your Highness hath over them they are very manifestly convicted of Treason against you For admitting the Salick Law to be in force in the Kingdom of France let Females be excluded and the Male Issue only inherit the Crown yet by what words of that Law are the Sons of those Females excluded Shall a Law that debars Women from inheriting in respect of the natural Levity of their Sex be made to contradict it self and for a quite contrary reason to put by Men also or will they by a kind of malicious comprehension extend those words of the Law to the Male-Sex which reach only the Female Wherefore though they exclude Isabella why did they not admit her Son Edward a magnanimous and prudent Person why do they not invite your Highness a Prince every way qualified for Government For it is a received Maxim amongst the Lawyers that one unworthy or incapable may transmit some sort of right to his Heir and that those Laws that take away from Females the right of Inheritance are contrary to right Reason and natural Justice that none but the strictest interpretation of them is to be admitted and that they may not be stretch'd beyond the very Letter from Women to Men nor to the exclusion of a Sex that is not mentioned in them but ought rather to be taken in the most favourable acceptation Seeing therefore most mighty Prince that you are call'd to the Kingdom of France by the Laws both of God and Man assert that Right which is denied you by the French by force of Arms strike off that Crown from the head of the King of France which he hath unjustly put on repress the Rebellions of that People with fire and sword maintain the ancient Honour of the English Name amongst Foreign Nations and suffer not Posterity to accuse your Tameness in passing by those Affronts put upon you by your Enemies For besides a very just Cause which is commonly attended with the Divine Assistance you have all things that can be desir'd for carrying on a War with success a vigorous Age a strong and healthful Constitution a loyal Nobility and Commonalty and a flourishing Kingdom and lastly We your Subjects of the Clergy have granted your Highness a greater Sum of Money than your Predecessors ever received of our Order which we very readily and chearfully offer you for the Charges of this War and shall daily in our Prayers implore the Divine Majesty that by the prosperous success of your Arms he would make known to all the World the Justice of your Cause The Archbishop having ended his Speech the King seem'd very much affected with it But Ralph Nevil Earl of Westmorland President of the North fearing the Incursions of the Scots if the King should pass over into France in a long Oration endeavour'd to persuade That a War with the Scots was to be undertaken before that with the French and after he had excused himself in the beginning of his Speech for his want of Learning as not being able to contend with my Lord of Canterbury either in Eloquence or Knowledge he added That he had learn't from Wise men and from his own Experience that Forces united are stronger than disjoin'd and that it was less hazardous to invade a Neigbouring Enemy than one more remote Thus the Romans first reduc'd to their obedience the Samnites the Fidenates the Volsci and those People of Italy that lay next to them before they attempted to meddle with Foreign Nations and afterwards preferr'd the little Island of Sicily because it border'd upon Italy before the vast Regions of Pannonia Numidia and Germany He shew'd that the War with the Scots would be managed here at home where Soldiers and all other necessary preparations for War would be ready at hand whereas against the French there was a necessity of providing a great Fleet and Army at a prodigious charge when the Seat of the War was to be in the Enemies Country that the Victory would be easily obtain'd over the Scots their King being Prisoner in England and the state of Affairs there being in confusion through the unseasonable severity of Alban the Regent and lastly That the cause of this War would be very just being occasioned by the Ravages and Robberies daily committed by the Scots which they would exercise with greater fury while the English
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 s Card. Bellar. lib. 2. de Concil cap. 18. Divines in the following Ages did affirm to be so inherent in the See of Rome that the Pope could not divest himself of it nor any way make himself inferior to a Council Before the end of the Year in which these things pass'd at Basil the Archbishop A Synod call'd at London call'd another Synod at London which began on the 21 st of November but being hinder'd by some indisposition he could not be there that day However he came some days after and in a long Speech in which he could hardly refrain from Tears He reckon'd up the grievous Miseries of the Church proceeding from the Penalties daily inflicted on the Ecclesiastical Judges which by the Where the Statute of Praemunire is reckon'd a lamentable Church-Grievance Statue commonly call'd the Statute of Praemunire were design'd against Provisors and from the Citations of the Clergy as well as others to the Secular Courts Whereupon it was unanimously agreed that the Archbishop should present a Petition to the King in the name of the Clergy wherein they set forth That the Penalties which by the * 16. R. 2. 15. Statute of Richard the Second were designed against those that should sue any of the King's Subjects in any of the Pope's Courts either at Rome or In so far as a Suit in an Ecclesiastical Court is construed a suing in Rome elsewhere by a cunning interpretation of the Common Lawyers were turn'd maliciously upon those that had any Cause depending in the Spiritual Courts here in England the cognizance of which they challeng'd to themselves by which means all People being deterr d from coming to their Courts the Ecclesiastical Jurisdiction was very much diminish'd and the Privileges granted to the Church by his Highness's Predecessors became insignificant Wherefore They petition the King to limit the Penalties to those who sue in a Foreign Court strictly taken they besought the King that he would settle it by Act of Parliament that those Penalties should be taken to extend only to those that commenc'd any Suits or procur'd any Writs or publick Instruments at Rome or any where else out of England and that no one should be proceeded against upon that Statute for any Sute in the Spiritual Courts of this Kingdom and that if the Ecclesiastical Judges exceeded the bounds of their Jurisdiction they might be restrain'd by Prohibitions and other lawful Punishments The King answer'd the Archbishop who pleaded in behalf of his Brethren The King promises them imâ—unity till a Parliament be called That he would consider of their Petition in the next Parliament and that in the mean time he would take care that no one should be molested by his Judges upon the account of that Statute unless the Cause were first approv'd by himself or the Privy Council This Answer procured the â—…ing a Tenth This gracious Answer of the King 's so pleas'd the Synod that they immediately granted him a whole Tenth with this Condition which was particularly express'd that the Revenues and Benefices belonging to the College of All Souls should not be included in the Concession This was the last Provincial Synod that the Archbishop held From that time he bent all his thoughts as far as publick business would give him leave upon finishing his College which he designed to dedicate to the service of Learning For by this time the Walls of it which were very stately and magnificent were built and the Workmen had begun to lay the Roof the Archbishop had also purchas'd Lands and Mannors for the perpetual maintenance of his Foundation all which he acquainted the King with and humbly besought him that he would permit the College to be founded in his Name because The Archbishop pray'd the King to suffer his College almost finished to be founded in his Royal Name the Lawyers were of opinion that the Splendour and Authority of the King's Name was of great importance toward founding a College in due and lawful manner Now the King was always very favourably inclin'd towards the good of the Church and the encouragement of Learning and had a great love and veneration for his Godfather the Archbishop Wherefore by his Letters-Patent Letters Patent accordingly granted under the great Seal he erected into a College this Building which the Archbishop had endow'd with all the Lands which he had purchas'd and granted it very large Privileges he also gave leave to the Founder to place in it a Warden and Fellows and to make Laws and Statutes to oblige both them and their Successors Upon which he went the next Year to Oxford where he solemnly consecrated the Chappel The Chappel consecrated of his College and made Richard Andrew A Warden of the College made And twenty choice Fellows with power to elect twenty more Doctor of Law and Chancellor of Canterbury Warden of it he also made Twenty Fellows who were all choice men pickt out of the whole University to whom he gave power to elect into their Society Twenty more Out of which Number he order'd that Twenty for Divinity and Sciences And the Civil and Canon Law four should study Divinity and the Liberal Sciences and the other Sixteen the Civil and Canon Law He also commanded all the Members of his Foundation to pray for the Souls of King Henry the Fifth of Thomas Duke of Clarence and of the Nobility and common Soldiers that had been kill'd in the French War and for all Christians in general according to the custom of those Times being troubled in Conscience as it should seem that he had been the Author and Promoter of that War in which a vast number of men had lost their Lives for which cause he order'd Wherefore the Archbishop called the College All Souls c. his College to be call'd the College of All Souls departed in the Faith in Oxford He added also two Chaplains several Choristers and Servants who were to attend upon the publick Service of the College Prescribed them Statutes After this he prescrib'd them Laws and Statutes by which their Studies and Manners their Offices and Profits were to be regulated and lastly having inspected John Druel's Accounts of the Building thus far he committed the care of beautifying it within and enlarging it without to Roger Keyes who was afterwards made Warden For the Cloysters and that part of the Building that faces the great Street of the Town were built as it is said some part in his life-time and the rest after his death After the Foundation of this College we find no mention of any publick Action done by him either in the Records of the Kingdom or in the Historians of that Age only some noble Benefactions of his to the University of Was very liberal to Oxford and Canterbury Church Oxford and the Church of Canterbury are recorded with which we shall conclude the History of his Vertues
Benedict defended by Baldus Two Bull-Carriers the Pope's Emissaries were ignominiously treated at Paris p Carol. Molin de Monarch Franc. n. 140 141 142. q Niem lic 3. de Schism cap. 7. nemore unionis Tract 6. cap. 31. Charles the Fourth of France did neither regard the Church nor his own Kingdom Whose Son 's Successor Robert of Bavaria King the Romans siding with Gregory chiefly fomented the Church-Divisions The Emperors then were degenerated When their Power was most requisite to rectify the Pope's mismanagement r C. Hadrianus c. in Synodo Dist 63. c. Victor Honorium Dist 97. s C. Si quis 2. qu. 7. c. nos si in compenter ead t C. Hâ—beo librum Dist 16. c. Valentinianus Dist 63. c. mandastis 2. qu 4. Gregory Renounc'd by his Cardinals at Pisa Who with those of Benedict deprived them both of the Papacy For which some worldly Divines charged them with Schism u Vide Niem in nem Union Tract 4. cap. 9. x C. Multis Dist 17. y Bald. ad d. c. olim de rescrip in c. quia propter de elect * Herbis z Zabar in c. licet n 13 de elect in cons 150. in Tract de Schismate hujus temporis Ancharan Cons 181. a Pâ—nor ad c. licet de vitanda n. 8. de elect Dec. in Consil pro Concilio Pisano Felin ad c. super literis n. 21. de rescript Cardin. Jacob. de Concil lib. 3. Art 1. n. 11. Jo. Royas de Haeret. n. 518. b Niem in nem unionis Tract 6. cap. 15 16. c Card. Bellar. lib. 1. de Concil cap. 8. King of England and France c. favour the Cardinals and their aforesaid Sentence in Council Which the Cardinal of Bourdeaux with great zeal got ratified in England Walsingh 1409. H. Chichele one of the Delegates to Pisa Before whom and Associates a Learned Sermon preached Hos 1. 11. d In vol. 1. Operum Jo. Gerson Bishop of Sarum another Delegate made an eloquent Oration in the Council of Pisa * Advocatus Fisci e Niem lib. 3. de Schism cap 44. Where both Popes were pronounced perjured c. and Alexander the Fifth elected f Abb. ad c. licet de vitanda n. 8. de elect Who when a Boy had begg'd from door to door Afterwards his Parts known sent to Oxford Then made Archbishop of Milan and created Cardinal by Innocent the Seventh Alexander was too honest studious and Monastick to be politically qualified for the Chair 'T is thought he was poysoned He was succeeded by John the Twenty Third A papal Triumvirate g Ann 11. H. 4. fol. 78. 8. 1410. 1411. H. Chichele returns from his Embassy Was diligent in his Function 1413. Allegiance sworn to Henry the Fifth before his Coronation That King sent our Henry Ambassador to the French King and Duke of Burgundy h Enguerrant de Monstrellet cap 106. To the former for a Treaty of Peace i Enguerrant de Monstrellet chap. 109. To the latter about a Marriage Whilst the King seem'd more inclinable to the French King's Daughter H. Chichele chosen President of the Council 1414. The Monks desire leave to elect an Archbishop of Canterbury k Polydâ—r lib 19. in Edvard 3. l Abb. ad c. â— de Consuet n. 4. Apostil ibid. And Canonically demanded H. Chichele m C. sicut vir 7. qu. 1. n C. inter corporalia extr de translat Episc o Tot. tit extr de postul Prelat p Tot. tit de translat Episc Rebust in prax benefit par 1. tit de translat Episc Which Custom was introduced by Papal Ambition H. Chichele expects the Pope's leave To obtain which Proxies are sent to Rome With the King's Letters in his favour The Pope divorc'd H. Chichele from St. David's Made him Archbishop by way of provisor * Provisionis titulo But he was first to be sworn to the Infallible Chair q C. Significasti 4. de elect r C. Antiq. 23. de Privileg s C. nisi 3. de usu Pallii The Pall denoting full power over the other Bishops t C. 1. eod lit u C. ex tuarum 5. eod tit Delivered him in the King's Palace of Sutton * A c. Significasti de Electi Where he took the Oath of Obedience The Pope gave the Church but the King could only give the Land Which was done after renouncing of the Clauses derogatory to the King's Power For his Patent he paid Six hundred Marks Secur'd the Church from the Envy of the two Houses Being formerly voted to supply King Henry the Fourth by the Church's Wealth Whilst the Church paid Tenths oftener than the Laity did Fifteenths c. Which Consideration but chiefly the Intercession of his Predecessor with the King had then averted the storm Another Address of the Commons against the Clergy Which was design'd as the then Bishop alledg'd for the enriching of themselves King of France said he has not a Noble now of the Revenues of the Monasteries that were brought to the Exchequer The Petition rejected Henry the Fourth averse to Wickliff's Doctrine abetted by the Petitioners In Henry the Fifth's time the Address renew'd To avoid which the Clergy resolv'd to give the King Money for a War with France For which a Synod is call'd at London The Title of the Kings of England to France Claim'd by Edward the Third Whose Competitor was Philip de Valois King Edward claiming by 's Mother rejected under pretence of the Salick Law assumed the Title Successfully invaded France and entail'd the Quarrel Richard the Second waved the Quarrel Henry the Fourth was 〈…〉 But the happy Juncture was in Henry the Fifth's time As Chichele thought for a more glorious Diversion His Speech to the King for that purpose Accommodates himself to the King 's Heroic Temper Thinks France no less than the Envy of the World Represents the King's Right And insinuatâ—… the Injuries done his French Provinces The Salick Law an Obtrusion And a Cheat to debar the Female Line y Gregor Turon lib. 2. Paul Aemyl in princ Girard du Haillan livre 1. Not made by Pharamond as pretended But Four hundred years after him and in Germany If it obliges the French it relates to private Inheritances only for z Franc. Hottom in Franco-gall cap. 10. In dispute one French King never us'd it against another for Pepin claimed by a Female and so did Hugh Capet And by the like Lewis the Tenth confirm'd his Right This Law made a Bugbear to Foreigners contemned by themselves z L. maximum intem c. d. liber praeterit 1. lege 12. Tab. c. de legit haered sect Si quis igitur Anth. de haered ab intest sect Item vetustas Instit eod tit 'T is contrary to the Civil Law and The Constitutions of most Nations And to the Divine Law Numb 27. 8. Jesus Christ the Lawful Heir by his Mother of the Jewish Kingdom The French rather deny the Bible than submit to a Foreign Prince The Salick Law literally excludes not the
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